Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 829, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AE/2R         .            Floor: C            
             04/30/2019 11:17 AM       .      05/02/2019 01:06 PM       
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       Senator Hutson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 57.112, Florida Statutes, is created to
    6  read:
    7         57.112 Attorney fees and costs and damages; preempted local
    8  actions.—
    9         (1) As used in this section, the term “attorney fees and
   10  costs” means the reasonable and necessary attorney fees and
   11  costs incurred for all preparations, motions, hearings, trials,
   12  and appeals in a proceeding.
   13         (2) If a civil action is filed against a local government
   14  to challenge the adoption or enforcement of a local ordinance on
   15  the grounds that it is expressly preempted by the State
   16  Constitution or by state law, the court shall assess and award
   17  reasonable attorney fees and costs and damages to the prevailing
   18  party.
   19         (3) Attorney fees and costs may not be awarded pursuant to
   20  this section if:
   21         (a) The governing body of a local governmental entity
   22  receives written notice that an ordinance that has been publicly
   23  noticed or adopted is expressly preempted by the State
   24  Constitution or state law; and
   25         (b) The governing body of the local governmental entity
   26  withdraws the proposed ordinance within 30 days; or, in the case
   27  of an adopted ordinance, the governing body of a local
   28  government notices an intent to repeal the ordinance within 30
   29  days of receipt of the notice and repeals the ordinance within
   30  30 days thereafter.
   31         (4) The provisions in this section are supplemental to all
   32  other sanctions or remedies available under law or court rule.
   33         (5) This section does not apply to local ordinances adopted
   34  pursuant to part II of chapter 163, s. 553.73, or s. 633.202.
   35         (6) This section is intended to be prospective in nature
   36  and shall apply only to cases commenced on or after July 1,
   37  2019.
   38         Section 2. A municipality or county may continue to enforce
   39  or extend an ordinance, regulation, resolution, rule,
   40  moratorium, or policy adopted before February 1, 2019, relating
   41  to the land application of Class B biosolids until the
   42  ordinance, regulation, resolution, rule, moratorium, or policy
   43  is repealed by the municipality or county or until the effective
   44  date of the rules adopted by the Department of Environmental
   45  Protection, whichever occurs first.
   46         Section 3. This act shall take effect July 1, 2019.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete everything before the enacting clause
   51  and insert:
   52                        A bill to be entitled                      
   53         An act relating to attorney fees and costs; creating
   54         s. 57.112, F.S.; defining the term “attorney fees and
   55         costs”; providing for the award of attorney fees and
   56         costs and damages in civil actions challenging local
   57         ordinances as being preempted by the State
   58         Constitution or state law; prohibiting an award of
   59         attorney fees and costs under certain circumstances;
   60         providing construction; providing applicability;
   61         specifying that municipalities and counties may
   62         continue to enforce or extend certain ordinances,
   63         regulations, resolutions, rules, moratoriums, or
   64         policies until certain actions are taken; providing an
   65         effective date.