Legislators have also been busy filing legislation and discussing bills. Some of those bills got a head start in committee during the pre-session interim committee weeks that ran October to December 2023. To date, the House has filed 1,679 bills, and the Senate has filed 913 – fewer than last year for the House but a record number in the Senate.
Unfortunately, this week we saw the advancement of SB 738, designed to discourage citizen legal challenges against the Florida Department of Environmental Protection (DEP) and Water Management Districts (WMD). This bill will require the losing party of any such challenge to pay $50,000 of prevailing and intervening parties attorney’s fees for failing to succeed in any challenge against the state agencies.
Environmental advocates have opposed similar legislative measures in recent years, specifically bills that required no limit on prevailing party’s attorneys and court fees to citizen challenges of development orders, zoning measures, and comprehensive plans. The bills filed this year seek to put an end to the very last opportunity for judicial review to citizen challenges to DEP and WMD actions.
These laws have had a massive chilling effect, making it too risky to bring legitimate challenges that now have a chance of coming with potentially multimillion-dollar price tags.
SB 738 moves next to its second committee stop in Senate Judiciary. The identical House version, HB 789 has not yet been scheduled.