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FL H0829

Bill

Status

Passed

6/27/2019

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Creates section 57.112 of Florida Statutes to define "attorney fees and costs" as reasonable and necessary fees and costs incurred for all preparations, motions, hearings, trials, and appeals in a proceeding.

  • Courts shall award reasonable attorney fees, costs, and damages to the prevailing party in civil actions challenging local ordinances as expressly preempted by the State Constitution or state law.

  • Exempts local governments from attorney fee awards if they receive written notice of preemption and either withdraw a proposed ordinance within 30 days or repeal an adopted ordinance within 30 days of notice plus an additional 30 days.

  • Does not apply to local ordinances adopted pursuant to part II of chapter 163, section 553.73, or section 633.202, and applies only to cases commenced on or after July 1, 2019.

  • Permits municipalities and counties to continue enforcing or extending ordinances, regulations, resolutions, rules, moratoriums, or policies relating to Class B biosolids land application adopted before February 1, 2019 until they are repealed or until the Department of Environmental Protection's rules become effective, whichever occurs first.

Legislative Description

Attorney Fees and Costs

Last Action

Chapter No. 2019-151

6/27/2019

Committee Referrals

Judiciary4/25/2019
Judiciary3/28/2019
Local, Federal and Veterans Affairs Subcommittee3/21/2019
Civil Justice Subcommittee2/20/2019

Full Bill Text

No bill text available