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FL S1140

Bill

Status

Introduced

2/18/2019

Primary Sponsor

Rules

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Creates section 57.112, Florida Statutes, to 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

  • Defines "attorney fees and costs" as reasonable and necessary fees and costs incurred for all preparations, motions, hearings, trials, and appeals in a proceeding

  • Prohibits attorney fees and costs awards if the local government receives written notice that an ordinance is expressly preempted and withdraws or repeals the ordinance within 60 days of receiving such notice

  • Exempts local ordinances adopted pursuant to part II of chapter 163, section 553.73, or section 633.202 from the provisions of this section

  • Applies retroactively to all cases pending or commenced on or after July 1, 2019, with an effective date of July 1, 2019

Legislative Description

Attorney Fees and Costs

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 829 (Ch. 2019-151)

4/30/2019

Committee Referrals

Rules4/3/2019
Community Affairs3/20/2019
Judiciary2/28/2019

Full Bill Text

No bill text available