Outrageous Florida Bill Set to Crush Citizens' Rights, Environmentalists Sound the Alarm

Photo byPhoto 75028660 © Gilles Malo | Dreamstime.com

Environmentalists sound the alarm on the bill that has the potential to crush citizens' rights to challenge their local governments.

The Florida Legislature is proposing a legal way to restrict residents' ability to object to the local government's development plans.

Skin in the game

After their city or county adjusts its long-term growth plans, Florida residents may file a lawsuit against them. However, under the legislation making its way through the Florida House and Senate, the winning party in these lawsuits would be entitled to demand that the losing party pays their attorney's fees.

Rep. Wyman Duggan, Jacksonville, the bill's sponsor in the House, stated that anyone contesting these government decisions should have "some skin in the game" to know they may be responsible for the legal costs. He added that if citizens' organizations can show a violation, they could make the government pay their attorney's fees.

Even more restrictive

Meanwhile, the House and the Senate are considering a bill that would forbid local citizen initiatives on land development regulations.

In Florida, local governments have a comprehensive plan specifying how, when, and where the community will expand. Cities and counties routinely change their comprehensive plans to make way for brand-new developments that follow only one or more of the plan's requirements.

For instance, Sarasota County commissioners approved a change to the county's plan in October that permits the developer of Lakewood Ranch to construct a new neighborhood with up to 5,000 houses.

Occasionally, residents who disagree with a local government plan or change sue the government. Jacksonville-based state legislator and land-use lawyer Duggan has submitted a bill (HB 359) allowing the winning party to recover the lawyer's fees and costs in these lawsuits.

At present, the losing side only needs to pay the winning party's fees if a judge discovers that they took part in the legal proceeding for an inappropriate cause.

What do you think about the bill that would limit your way of challenging the local government?

Leave your comment below and share this story on social media.