Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7103, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (155860) (with title
    2  amendment)
    3  
    4         Between lines 319 and 320
    5  insert:
    6         Section 7. Subsection (8) of section 163.3215, Florida
    7  Statutes, is amended to read:
    8         163.3215 Standing to enforce local comprehensive plans
    9  through development orders.—
   10         (8)(a) In any proceeding under subsection (3), either party
   11  is entitled to the summary procedure provided in s. 51.011, and
   12  the court shall advance the cause on the calendar, subject to
   13  paragraph (b) or subsection (4), the Department of Legal Affairs
   14  may intervene to represent the interests of the state.
   15         (b) Upon a showing by either party by clear and convincing
   16  evidence that summary procedure is inappropriate, the court may
   17  determine that summary procedure does not apply.
   18         (c) The prevailing party in a challenge to a development
   19  order filed under subsection (3) is entitled to recover
   20  reasonable attorney fees and costs incurred in challenging or
   21  defending the order, including reasonable appellate attorney
   22  fees and costs.
   23  
   24  ================= T I T L E  A M E N D M E N T ================
   25  And the title is amended as follows:
   26         Delete line 475
   27  and insert:
   28         certain preexisting development orders; amending s.
   29         163.3215, F.S.; providing that either party is
   30         entitled to a certain summary procedure in certain
   31         proceedings; requiring the court to advance such cause
   32         on the calendar, subject to certain requirements;
   33         providing that the prevailing party in a certain
   34         challenge to a development order is entitled to
   35         certain attorney fees and costs; amending s.