Florida Senate - 2020 SB By Senator Berman 31-00413-20 2020250__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to development orders; amending s. 2 163.3215, F.S.; deleting an entitlement for a prevailing party to recover reasonable attorney fees and costs incurred in challenging or defending a certain development order; providing an effective date. 7

Be It Enacted by the Legislature of the State of Florida: 9

Section 1. Subsection (8) of

section 163.3215, Florida Statutes, is amended to read: 12 163.3215 Standing to enforce local comprehensive plans through development orders.— 14 (8)(

a) In any proceeding under subsection (3), either party is entitled to the

summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar, subject to paragraph (b). 18

(

b) Upon a showing by either party by clear and convincing evidence that

summary procedure is inappropriate, the court may determine that

summary procedure does not apply. 21

(

c) The prevailing party in a challenge to a development order filed under subsection (3) is entitled to recover reasonable attorney fees and costs incurred in challenging or defending the order, including reasonable appellate attorney fees and costs. 26

Section 2. This act shall take effect July 1, 2020. 27