The one that makes it so risky to legally challenge bad development that it ensures that few citizens or organizations will be able to.
This is one of the bills that helped give this Legislative Session the name, "The Session of Sprawl." It requires the losing party to pay attorney fees and costs for comprehensive plan amendment challenges. Under the threat of mandatory attorney fees, only the most wealthy developers and landowners will be able to challenge land use decisions. It would be so financially risky for individuals and nonprofit groups to bring a challenge that it essentially protects developers from legal challenges.
What it says
"An act relating to local government comprehensive plans"
HB 359 introduced by Representative Wyman Duggan: https://www.flsenate.gov/Session/Bill/2023/41
SB 540 introduced by Senator Senator Nick DiCeglie: https://www.flsenate.gov/Session/Bill/2023/540
Our Take
What happens to land happens to Florida's water. This bill removes citizens' ability to help shape those decisions. It is another gift to developers and removes another guardrail to protect land and water.
Tracking
HB 359
• Referred to Local Administration, Federal Affairs & Special Districts Subcommittee - passed
• Referred to Civil Justice Subcommittee - passed
• Referred to State Affairs Committee - passed 13 Y, 5 N
SB 540
• Referred to Community Affairs; Judiciary; Rules
• Passed Community Affairs 6 Y, 3 N
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