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House Bill 0879




    Florida House of Representatives - 1997                 HB 879

        By Representative Posey






  1                      A bill to be entitled

  2         An act relating to administrative procedure;

  3         creating s. 120.571, F.S., the "Agency

  4         Accountability Act of 1997"; providing for

  5         court orders imposing liability upon an agency

  6         which has made a determination affecting the

  7         substantial interests of a party based on a

  8         grossly negligent assessment of material facts,

  9         under specified circumstances; providing for

10         agency liability for actual damages and

11         attorney's fees incurred by the party suffering

12         financial harm as a result of the

13         determination; providing for waiver of

14         sovereign immunity; specifying applicability;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 120.571, Florida Statutes, is

20  created to read:

21         120.571  Agency liability for grossly negligent

22  assessment of material facts; waiver of sovereign immunity.--

23         (1)  This section shall be known and may be cited as

24  the "Agency Accountability Act of 1997."

25         (2)  APPLICATION TO ADMINISTRATIVE PROCEEDINGS.--The

26  provisions of this section apply in all proceedings in which

27  the substantial interests of a party have been determined by

28  final action of an agency.

29         (3)  AGENT LIABILITY.--Notwithstanding s. 120.68 or any

30  other provision to the contrary, if the court reviewing the

31  final action finds that the agency, in determining a material

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    Florida House of Representatives - 1997                 HB 879

    532-154A-97






  1  fact within the agency's exercise of delegated discretion, has

  2  made a grossly negligent factual assessment causing financial

  3  harm to a party, the court shall enter an order finding the

  4  agency liable for any actual damages and attorney's fees

  5  incurred by the party suffering the financial harm.

  6         (4)  WAIVER OF SOVEREIGN IMMUNITY.--The limitations on

  7  waiver of sovereign immunity in any other provision of law to

  8  the contrary notwithstanding, the state, in accordance with s.

  9  13, Art. X of the State Constitution, hereby waives sovereign

10  immunity for the state itself, and for its agencies and

11  subdivisions, for the express and limited purpose necessary to

12  carry out this section.

13         Section 2.  This act shall take effect July 1, 1997,

14  and shall apply to all proceedings for which final agency

15  action has been rendered on or after that date.

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17            *****************************************

18                          HOUSE SUMMARY

19    Creates the "Agency Accountability Act of 1997."
      Provides for court orders to impose liability upon an
20    agency which has made a determination affecting the
      substantial interests of a party based on a grossly
21    negligent assessment of material facts, under specified
      circumstances.  With respect to the financial harm
22    incurred by a party as a result of the final agency
      action, provides that agency liability extends to actual
23    damages and attorney's fees.  Provides for waiver of
      sovereign immunity to the extent necessary to carry out
24    the act.

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