Governor signs measure dealing with attorney fees in waterfront property challenges

Governor signs measure dealing with attorney fees in waterfront property challenges

Sen. Jonathan Martin

Gov. Ron DeSantis has signed a measure that sponsors say will shield waterfront property owners from meritless lawsuits.

DeSantis late Thursday signed SB 702 by Republican Sen. Jonathan Martin, a Ft. Myers attorney and former prosecutor.

The House voted 115-0 on March 6 to grant final legislative approval. It cleared the Senate without a negative vote. The legislation takes effect immediately.

The measure requires courts to award reasonable attorney fees to prevailing defendants in certain property rights disputes. However, the improvements being challenged would have to have received the proper state and local environmental permits.

The measure would define property rights to include “use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in the riparian rights statute,” according to a legislative analysis.

Sponsors argued the measure would discourage lawsuits between waterfront property owners, usually a neighbor challenging the construction of a dock or a boathouse.