CODING: Words stricken are deletions; words underlined are additions.
House Bill 0879c1




    Florida House of Representatives - 1997              CS/HB 879

        By the Committee on Governmental Rules & Regulations and
    Representatives Posey, Wallace and Feeney





  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)  SHORT TITLE.--This section shall be known and may

24  be cited as 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)  AGENCY LIABILITY.--Notwithstanding s. 120.68 or

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

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997              CS/HB 879

    607-101-97






  1  material fact within the agency's exercise of delegated

  2  discretion, has made a grossly negligent factual assessment

  3  causing financial harm to a party, the court shall enter an

  4  order finding the agency liable for any actual damages and

  5  attorney's fees incurred by the party suffering the financial

  6  harm.

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

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

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

10  13, Art. X of the State Constitution, hereby waives sovereign

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

12  subdivisions, for the express and limited purpose necessary to

13  carry out this section.

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

15  and shall apply to all proceedings for which final agency

16  action has been rendered on or after that date.

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18            *****************************************

19                          HOUSE SUMMARY

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