House Bill 0879e1

                                        CS/HB 879, First Engrossed



  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"; providing for court orders

  5         imposing liability upon an agency which has

  6         made a determination affecting the substantial

  7         interests of a party based on a grossly

  8         negligent assessment of material facts, under

  9         specified circumstances; providing for agency

10         liability for actual damages and attorney's

11         fees incurred by the party suffering financial

12         harm as a result of the determination;

13         providing for waiver of sovereign immunity;

14         specifying applicability; providing an

15         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."

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.






                                        CS/HB 879, First Engrossed



  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 of the

15  year in which enacted, and shall apply to all proceedings for

16  which final agency action has been rendered on or after that

17  date.

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