Florida Real Estate, TFP File Photo A Florida Senate committee approved a bill Tuesday that could lead to fewer lawsuits in property-rights fights
A Florida Senate committee approved a bill Tuesday that could lead to fewer lawsuits in property-rights fights.
The bill (SB 702), unanimously supported by the Senate Judiciary Committee, would allow landowners to receive attorney fees in certain lawsuits about projects on their property.
They could receive the fees if they win the lawsuits and the projects have received government approvals. Bill sponsor Jonathan Martin, R-Fort Myers, said the bill could help curb “frivolous lawsuits” about projects such as seawalls and pools that have received government permits.
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“Because the bill requires courts to award reasonable attorney fees and costs to prevailing defendants (only) under the circumstances contemplated by the bill, it will be riskier and potentially more expensive for adjacent private property owners to bring such lawsuits,” a Senate staff analysis said. “Likewise, the bill will reduce the need for property owners who act in reliance on government approvals and permits to spend funds to defend against lawsuits based on those actions.”
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