Florida 2024 Regular Session

Florida House Bill H1167 Compare Versions

OldNewDifferences
11
22
3-CS/HB 1167 2024
3+HB 1167 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1167-01-c1
8+hb1167-00
99 Page 1 of 2
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to attorney fees and costs in property 2
1616 rights disputes; creating s. 57.106, F.S.; defining 3
17-terms; authorizing courts to award reasonable attorney 4
17+terms; requiring courts to award reasonable attorney 4
1818 fees and costs to a prevailing defendant in certain 5
1919 civil actions under specified circumstances; providing 6
20-applicability; providing an effective date. 7
20+an effective date. 7
2121 8
2222 Be It Enacted by the Legislature of the State of Florida: 9
2323 10
2424 Section 1. Section 57.106, Florida Statutes, is created to 11
2525 read: 12
2626 57.106 Recovery of attorney fees and costs in certain 13
2727 disputes regarding property rights. — 14
2828 (1) For the purposes of this section, the term: 15
29- (a) "Improvement" means an act done to increase the value 16
30-or benefit of real property. 17
31- (b) "Property rights" means zoning, future land use 18
32-designations, easement rights, ingre ss and egress rights, 19
33-environmental resource and impact permits, and those rights 20
34-incident to land bordering upon navigable waters as described in 21
35-s. 253.141. 22
36- (2) In a civil action brought against the owner of a 23
37-parcel of real property to resolve a dispu te concerning property 24
38-rights, the court may award reasonable attorney fees and costs 25
29+ (a) "Improvement" includes, but is not limited to, 16
30+anything done to increase the value, use, or benefit of r eal 17
31+property, whether physical, material, legal, or otherwise. 18
32+ (b) "Property rights" includes, but is not limited to, use 19
33+rights, ingress and egress rights, and those rights incident to 20
34+land bordering upon navigable waters as described in s. 253.141. 21
35+ (2) In a civil action brought against the owner of a 22
36+parcel of real property to resolve a dispute concerning property 23
37+rights, the court must award reasonable attorney fees and costs 24
38+to the prevailing defendant if the improvements made to the 25
3939
40-CS/HB 1167 2024
40+HB 1167 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1167-01-c1
45+hb1167-00
4646 Page 2 of 2
4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
51-to the prevailing defendant if the improvements made to the 26
52-property by the defendant property owner were made in 27
53-substantial compliance with, or in reliance on, environm ental or 28
54-regulatory approvals or permits issued by a political 29
55-subdivision of the state or a state agency. 30
56- (3) This section does not apply if the environmental or 31
57-regulatory approval or permit was issued due to a material 32
58-mistake of fact or law or was no t issued in compliance with law. 33
59- Section 2. This act shall take effect upon becoming a law. 34
51+property by the defendant property owner were made in 26
52+substantial compliance with, or in reliance on, environmental or 27
53+regulatory approvals or permits issued by a political 28
54+subdivision of the state or a state agency. 29
55+ Section 2. This act shall take effect upon becoming a law. 30