A bill that would allow prevailing parties to recover attorney fees and court costs in lawsuits challenging certain local government development plans cleared the state Senate this week despite concerns raised by environmental groups.
Senate Bill 540, authored by state Sen. Nick DiCeglie (R-Indian Rocks Beach), passed the Senate on Thursday by a vote 29-10. The measure would also limit challenges to local development amendments and decisions to those that “would materially alter the use, density or intensity of the property in a manner not consistent with the comprehensive plans,” according to the state Legislature’s analysis of the bill.
In addition, the measure revises a statute on land-development rules so that certain provisions do not apply to the Florida College System.
SB 540, according to environmental groups such as 1,000 Friends of Florida, have expressed concern that the attorney-fee provisions would serve to dissuade citizens from challenging development plans they disagree with.
Jane West, policy and planning director for 1,000 Friends, said this week that she had been pressing lawmakers to include amendments in the bill that would make it more palatable. One idea would have been to put a cap on attorney-fee recovery of $10,000, since developers’ attorney fees can be “astronomical,” West said, while another proposal would have allowed reimbursement of local-government legal fees if the local agency prevailed – but not the fees of intervening parties.
“We were trying to shop three different amendments that would make the bill a little bit less toxic,” West told the Florida Record.
One amendment proposed that an intervening party in challenge to a development plan, such as a corporation, may not recover attorney fees and costs from an aggrieved or adversely affected party or a local government. Senators, however, rejected that amendment.
The measure, which would take effect July 1 if signed by the governor, will now be considered by the Florida House of Representatives.