Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (318734) for CS for SB 284
       
       
       
       
       
       
                                Ì412730sÎ412730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/22/2015           .                                
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       The Committee on Appropriations (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 182 - 202
    4  and insert:
    5  (4).
    6         (4) The court may award attorney fees and costs to the
    7  prevailing party; however, if the court determines that the
    8  exaction which is the subject of the claim lacks an essential
    9  nexus to a legitimate public purpose and is not roughly
   10  proportionate to the impacts of the proposed use, the court
   11  shall award attorney fees and costs to the property owner.
   12         (5) To ensure that courts may assess damages for claims
   13  filed under this section in accordance with s. 13, Art. X of the
   14  State Constitution, the state, for itself and its agencies or
   15  political subdivisions, waives sovereign immunity for causes of
   16  action based upon the application of this section. Such waiver
   17  is limited only to actions brought under this section.
   18         (6) This section applies to any prohibited exaction imposed
   19  
   20  ================= T I T L E  A M E N D M E N T ================
   21  And the title is amended as follows:
   22         Delete lines 19 - 21
   23  and insert:
   24         authorizing the award