Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1140
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 21 - 39
    4  and insert:
    5         (1) As used in this section, the term “attorney fees and
    6  costs” means the reasonable and necessary attorney fees and
    7  costs incurred for all preparations, motions, hearings, trials,
    8  and appeals in a proceeding.
    9         (2) If a civil action is filed against a local government
   10  to challenge the adoption or enforcement of a local ordinance on
   11  the grounds that it is preempted by the State Constitution or by
   12  state law, the court shall assess and award reasonable attorney
   13  fees and costs and damages, including prejudgment interest and
   14  costs, to the prevailing party.
   15         (3) Attorney fees and costs may not be awarded pursuant to
   16  this section if the local government withdraws or repeals an
   17  ordinance that the court determined was preempted within 21 days
   18  after the earlier of:
   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 3 - 7
   23  and insert:
   24         s. 57.112, F.S.; defining the term “attorney fees and
   25         costs”; providing for award of attorney fees and costs
   26         and damages in civil actions challenging