Florida Senate - 2023                                     SB 816
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-01646A-23                                           2023816__
    1                        A bill to be entitled                      
    2         An act relating to challenges to development orders;
    3         amending s. 163.3215, F.S.; requiring a prevailing
    4         party to show that the challenge to a development
    5         order was frivolous before the prevailing party is
    6         entitled to recover reasonable attorney fees and
    7         costs; prohibiting a prevailing party in a challenge
    8         to a comprehensive plan from an award of reasonable
    9         attorney fees and costs; providing that intervenors
   10         are not entitled to recover reasonable attorney fees
   11         and costs and may not recover certain attorney fees
   12         and costs; providing applicability; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (c) of subsection (8) of section
   18  163.3215, Florida Statutes, is amended to read:
   19         163.3215 Standing to enforce local comprehensive plans
   20  through development orders.—
   21         (8)
   22         (c)1. Upon a showing that the challenge to the development
   23  order was frivolous, the prevailing party in a challenge to a
   24  development order filed under subsection (3) is entitled to
   25  recover reasonable attorney fees and costs incurred in
   26  challenging or defending the order, including reasonable
   27  appellate attorney fees and costs.
   28         2. The prevailing party in a challenge to a comprehensive
   29  plan amendment is not entitled to an award of reasonable
   30  attorney fees and costs under this paragraph.
   31         3. An intervenor is not entitled to recover reasonable
   32  attorney fees and costs under this paragraph and may not recover
   33  attorney fees and costs from an aggrieved or adversely affected
   34  party.
   35         Section 2. The amendments made by this act to s. 163.3215
   36  do not apply retroactively to any challenge brought before the
   37  enactment of chapter 2019-165, Laws of Florida.
   38         Section 3. This act shall take effect July 1, 2023.