Guest Commentary | Join us in opposing harmful land use bill SB 738
Over the strong objection of many Floridians, the Legislature has systematically made the public’s ability to challenge questionable development decisions insurmountably dangerous by requiring the losing party of a legal challenge to pay for the winner’s legal fees.
Now, during the very first week of the Legislative Session, our legislators want to completely close off the last remaining opportunity to challenge bad development with Senate Bill 738, which will require the payment of $50,000 of prevailing parties attorney’s fees for failing to succeed in any challenge to Florida Department of Environmental Protection and Water Management District actions.
Similar bills that have passed:
• In 2019, legislators took away your ability to legally challenge development orders and zoning permits by passing prevailing party’s attorney’s fees legislation.
• Last year, legislators ended your ability to challenge local comprehensive plans by requiring intervening party’s attorney’s fees to be paid in addition to the prevailing party’s legal costs.
Should SB 738 pass, your tax dollars would go toward paying expensive law firms to fight against its own citizens trying to exercise their free speech rights by bringing legitimate claims to question development in wetlands or environmentally sensitive areas. This bill will harm our environment, our economy that relies on it and the people fighting to protect the future of Florida.
Protections against frivolous lawsuits already exist in current statute. These bills are meant to punish citizens and advocacy groups that file credible legal challenges. Individuals, neighborhood groups and nonprofits simply don’t have the resources to take on the well-funded development industry.
SB 738 slams the door on citizen participation to protect Florida’s environment. Please join us in opposing this bill. There is an amendment filed by Sen. Tina Polsky that would remove some of the harmful language in this bill, but our call to action is to remain opposed to the bill because of concerning provisions throughout.
To take action against SB 738, visit p2a.co.
Holly Schwartz is policy associate for the Sanibel-Captiva Conservation Foundation. Founded in 1967, the SCCF’s mission is to protect and care for Southwest Florida’s coastal ecosystems. For more information, visit sccf.org.
To reach HOLLY SCHWARTZ, please email news@breezenewspapers.com