SB 1140 – Relating to Attorney Fees and Costs

On Tuesday, April 2, SB 1140 by Senator Travis Hutson (R-Palm Coast) was heard before the Senate Community Affairs Committee and was reported favorably with 5 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill authorizes the payment of attorney fees and costs to a party challenging the adoption or enforcement of a local government ordinance on preemption grounds if a court finds that the subject of the ordinance has been preempted by the Constitution or State law. However, a local government may avoid liability for attorney fees and costs if the challenged ordinance is repealed or withdrawn within 21 days of either (1) receiving written notice of the claim or (2) the filing of a motion for attorney fees, whichever is earlier.

SB 1140 will now move to the Senate Rules Committee.

AIF supports legislation that removes onerous regulations and creates a climate in which business can grow.