Florida Senate - 2020 SB 250 By Senator Berman 31-00413-20 2020250__ 1 A bill to be entitled 2 An act relating to development orders; amending s. 3 163.3215, F.S.; deleting an entitlement for a 4 prevailing party to recover reasonable attorney fees 5 and costs incurred in challenging or defending a 6 certain development order; providing an effective 7 date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (8) of section 163.3215, Florida 12 Statutes, is amended to read: 13 163.3215 Standing to enforce local comprehensive plans 14 through development orders.— 15 (8)(a) In any proceeding under subsection (3), either party 16 is entitled to the summary procedure provided in s. 51.011, and 17 the court shall advance the cause on the calendar, subject to 18 paragraph (b). 19 (b) Upon a showing by either party by clear and convincing 20 evidence that summary procedure is inappropriate, the court may 21 determine that summary procedure does not apply. 22
(c) The prevailing party in a challenge to a development23 order filed under subsection (3) is entitled to recover24 reasonable attorney fees and costs incurred in challenging or25 defending the order, including reasonable appellate attorney26 fees and costs.27 Section 2. This act shall take effect July 1, 2020.