HB 829 – Relating to Attorney Fees and Costs

On Tuesday, April 16, HB 829 by Representative Anthony Sabatini (R-Clermont) was heard in the House Judiciary Committee and was reported favorably with 12 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Florida law states that a court may impose sanctions on a party or attorney who raises a frivolous claim or defense or unreasonably delays a judicial proceeding. The court may require the culpable party or attorney to pay for the other party's attorney fees. A party can appeal a court's award or denial of sanctions; however, the appellate court must affirm the award or denial, unless the lower court abused its discretion. This bill entitles a party to attorney fees and costs if the party prevails in an action challenging a local government ordinance as preempted. However, attorney fees and costs may not be awarded if the local government withdraws or repeals the ordinance within 21 days after receiving a written claim that the ordinance is preempted or the filing of a motion seeking attorney fees and costs under the new statutory section, whichever occurs first. The bill states it is remedial and applies retroactively to cases pending or commenced on or after July 1, 2019.

HB 829 will now move to the House floor.

AIF supports legislative attorney fee reform that helps prevent onerous fees imposed on businesses post-litigation.

HB 1383 – Relating to Private Property Rights Protection

On Tuesday, April 16, HB 1383 by Representative James Grant (R-Tampa) was heard in the House Judiciary Committee and was reported favorably with 15 yeas and 3 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The Takings Clause of the U.S. Constitution prohibits the government from depriving a person of his or her private property for public use "without just compensation." However, not every government action restricting or burdening the use of private property is an illegal taking. This bill requires a local government, when settling property rights claims, to treat similar properties in the same way. If the government settles or the owner secures a judgment declaring an inordinate burden, there is a presumption that similarly situated parcels are also inordinately burdened and entitled to equivalent settlement terms or a judicial determination of an inordinate burden. The bill also makes it easier for a private property owner to challenge a local government regulation burdening his or her property by:

• Allowing a jury to consider business damages in making its damages calculation.
• Removing a provision allowing the government to seek attorney fees and costs when a property owner unreasonably refuses a bona fide offer to settle a property claim.
  
  

HB 1383 will now move to the House floor.

AIF supports private property rights which create a prosperous business climate in Florida.