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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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 development
   23  order filed under subsection (3) is entitled to recover
   24  reasonable attorney fees and costs incurred in challenging or
   25  defending the order, including reasonable appellate attorney
   26  fees and costs.
   27         Section 2. This act shall take effect July 1, 2020.