CS/CS/SB 540 (DiCeglie) allows the prevailing party in a legal challenge to a comprehensive plan or plan amendment to recover attorney fees and costs, including reasonable appellate fees and costs. The bill resolves a split among Florida district courts of appeal by clarifying the scope of review under section 163.3215, Florida Statutes, for a local government to grant or deny a development order by providing the order may be challenged only if it would materially alter the use, density or intensity of the property in a manner not consistent with the comprehensive plan. Finally, the bill prohibits local governments from enforcing any land development regulations, other than those relating to density and intensity, against any of the institutions within the Florida College System.  

Effective date: July 1, 2023. (Chapman)