Florida Senate - 2019                             CS for SB 1140
       
       
        
       By the Committee on Judiciary; and Senator Hutson
       
       
       
       
       
       590-03199-19                                          20191140c1
    1                        A bill to be entitled                      
    2         An act relating to attorney fees and costs; creating
    3         s. 57.112, F.S.; defining the term “attorney fees and
    4         costs”; providing for award of attorney fees and costs
    5         and damages in civil actions challenging local
    6         ordinances as being preempted by the State
    7         Constitution or state law; prohibiting an award of
    8         attorney fees and costs under certain circumstances;
    9         providing construction; providing applicability;
   10         providing retroactive application; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 57.112, Florida Statutes, is created to
   16  read:
   17         57.112 Attorney fees and costs and damages; preempted local
   18  actions.—
   19         (1) As used in this section, the term “attorney fees and
   20  costs” means the reasonable and necessary attorney fees and
   21  costs incurred for all preparations, motions, hearings, trials,
   22  and appeals in a proceeding.
   23         (2) If a civil action is filed against a local government
   24  to challenge the adoption or enforcement of a local ordinance on
   25  the grounds that it is expressly preempted by the State
   26  Constitution or by state law, the court shall assess and award
   27  reasonable attorney fees and costs and damages, including
   28  prejudgment interest and costs, to the prevailing party.
   29         (3) Attorney fees and costs may not be awarded pursuant to
   30  this section if the local government withdraws or repeals an
   31  ordinance that the court determined was preempted within 21 days
   32  after the earlier of:
   33         (a) The local government’s receipt of a written claim that
   34  the ordinance, as proposed or adopted, is preempted by the State
   35  Constitution or by state law; or
   36         (b) A motion being filed seeking attorney fees and costs
   37  pursuant to this section.
   38         (4) The provisions in this section are supplemental to all
   39  other sanctions or remedies available under law or court rule.
   40         (5) This section does not apply to ordinances relating to
   41  growth management.
   42         Section 2. This act is intended to be remedial in nature
   43  and applies retroactively to all cases pending or commenced on
   44  or after July 1, 2019.
   45         Section 3. This act shall take effect July 1, 2019.