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 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.