Senate Bill 996 Postponed by the Senate Judiciary Committee

By William Michaelis

On April 4, Senate Bill 996 was temporarily postponed by the Senate Judiciary Committee.  The bill provides for an award of attorney’s fees in certain circumstances when a development permit or other order is challenged under Florida’s Administrative Procedure Act.  The bill would allow for the prevailing party to receive an award of attorney’s fees up to $50,000.  Opponents argue that this bill would stymy public participation in the local government development approval process and would punish citizens and non-profits for challenging such approvals.  Proponents of the bill argue that the legislation is necessary due to the disproportionate hardship to developers in such proceedings.  As such, both groups are keeping a close watch on the progression of this bill.