Senate Bill 2556
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    Florida Senate - 2000                                  SB 2556
    By Senator King
    8-1239-00                                          See HB 2023
  1                      A bill to be entitled
  2         An act relating to administrative procedure;
  3         amending s. 57.111, F.S.; increasing the
  4         maximum net worth for qualification as a small
  5         business party under the Florida Equal Access
  6         to Justice Act; increasing the limitation on
  7         the amount of attorney's fees and costs that
  8         may be awarded under the act; amending s.
  9         120.573, F.S., which provides for mediation of
10         disputes under the Administrative Procedure
11         Act; revising the parties who must agree to
12         mediation and to the length of the mediation
13         period; revising requirements relating to the
14         mediation agreement; providing requirements for
15         the conduct of such mediation; providing
16         conditions under which the party subject to
17         agency action is entitled to recover attorney's
18         fees and costs after a subsequent hearing;
19         amending s. 120.574, F.S., which provides for
20         summary hearings under said act; redesignating
21         such hearings as expedited hearings; revising
22         conditions under which such hearings may be
23         held; specifying time periods for filing
24         objections to a motion for such a hearing;
25         removing the requirement that the
26         administrative law judge's decision is final
27         agency action and providing for a recommended
28         order and final agency action on that order;
29         amending s. 373.1501, F.S., relating to
30         administrative action with respect to project
31         components of the Central and Southern Florida
                                  1
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1         Project, s. 403.088, F.S., relating to
  2         proceedings regarding permits for certain
  3         facilities in the Everglades Protection Area,
  4         and s. 408.7056, F.S., relating to certain
  5         proposed orders under the Statewide Provider
  6         and Subscriber Assistance Program, to conform
  7         provisions with respect to expedited hearings;
  8         amending s. 403.973, F.S., which provides for
  9         expedited permitting for certain projects;
10         revising conditions under which the expedited
11         hearing provisions of the Administrative
12         Procedure Act apply to the expedited permitting
13         process; conforming provisions; amending s.
14         120.595, F.S.; providing for award of
15         attorney's fees and costs to the petitioner
16         when an agency statement is challenged under
17         the Administrative Procedure Act as not having
18         been properly adopted as a rule and the agency
19         has proceeded to rulemaking; amending s.
20         373.4141, F.S.; providing that an applicant for
21         a permit for a stormwater management system,
22         dam, impoundment, or other work under part IV
23         of ch. 373, F.S., may elect to publish notice
24         of such application; specifying effect of such
25         publication on the rights of substantially
26         affected persons and others to initiate
27         administrative proceedings with respect to such
28         application; providing conditions under which
29         approval or denial of an application by a water
30         management district governing board is presumed
31         correct in a subsequent administrative
                                  2
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1         proceeding; specifying the date by which a
  2         final hearing must be held when a permit
  3         application is challenged and providing that
  4         certain construction activities may be
  5         authorized during the pendency of the
  6         administrative proceeding; providing an
  7         effective date.
  8
  9  Be It Enacted by the Legislature of the State of Florida:
10
11         Section 1.  Paragraph (d) of subsection (3) and
12  paragraph (d) of subsection (4) of section 57.111, Florida
13  Statutes, are amended to read:
14         57.111  Civil actions and administrative proceedings
15  initiated by state agencies; attorneys' fees and costs.--
16         (3)  As used in this section:
17         (d)  The term "small business party" means:
18         1.a.  A sole proprietor of an unincorporated business,
19  including a professional practice, whose principal office is
20  in this state, who is domiciled in this state, and whose
21  business or professional practice has, at the time the action
22  is initiated by a state agency, not more than 25 full-time
23  employees or a net worth of not more than $5 $2 million,
24  including both personal and business investments; or
25         b.  A partnership or corporation, including a
26  professional practice, which has its principal office in this
27  state and has at the time the action is initiated by a state
28  agency not more than 25 full-time employees or a net worth of
29  not more than $5 $2 million; or
30         2.  Either small business party as defined in
31  subparagraph 1., without regard to the number of its employees
                                  3
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  or its net worth, in any action under s. 72.011 or in any
  2  administrative proceeding under that section to contest the
  3  legality of any assessment of tax imposed for the sale or use
  4  of services as provided in chapter 212, or interest thereon,
  5  or penalty therefor.
  6         (4)
  7         (d)  The court, or the administrative law judge in the
  8  case of a proceeding under chapter 120, shall promptly conduct
  9  an evidentiary hearing on the application for an award of
10  attorney's fees and shall issue a judgment, or a final order
11  in the case of an administrative law judge.  The final order
12  of an administrative law judge is reviewable in accordance
13  with the provisions of s. 120.68.  If the court affirms the
14  award of attorney's fees and costs in whole or in part, it
15  may, in its discretion, award additional attorney's fees and
16  costs for the appeal.
17         1.  No award of attorney's fees and costs shall be made
18  in any case in which the state agency was a nominal party.
19         2.  No award of attorney's fees and costs for an action
20  initiated by a state agency shall exceed $75,000 $15,000.
21         Section 2.  Section 120.573, Florida Statutes, is
22  amended to read:
23         120.573  Mediation of disputes.--
24         (1)  Each announcement of an agency action that affects
25  substantial interests shall advise whether mediation of the
26  administrative dispute for the type of agency action announced
27  is available and that choosing mediation does not affect the
28  right to an administrative hearing.  If the agency and the
29  party subject to the agency all parties to the administrative
30  action agree to mediation, in writing, within 10 days after
31  the time period stated in the announcement for election of an
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  administrative remedy under ss. 120.569 and 120.57, the time
  2  limitations imposed by ss. 120.569 and 120.57 shall be tolled
  3  to allow the agency and parties to mediate the administrative
  4  dispute.  The mediation shall be concluded within 60 days of
  5  such agreement unless otherwise agreed by the agency and the
  6  party subject to the agency action parties.  The mediation
  7  agreement shall include provisions for mediator selection, the
  8  allocation of costs and fees associated with mediation, and
  9  the mediating parties' understanding regarding the
10  confidentiality of discussions and documents introduced during
11  mediation, and may address the allocation of attorney's fees
12  and costs.  If mediation results in settlement of the
13  administrative dispute, the agency shall enter a final order
14  incorporating the agreement of the parties.  If mediation
15  terminates without settlement of the dispute, the agency shall
16  notify the parties in writing that the administrative hearing
17  processes under ss. 120.569 and 120.57 are resumed.
18         (2)  Mediation shall be conducted in the following
19  manner:
20         (a)  Each party shall have all persons necessary, with
21  complete settlement authority, present at the mediation.
22         (b)  Each party shall mediate in good faith.
23         (c)  All aspects of the mediation which are not
24  specifically established by this section must be conducted
25  according to the Florida Rules for Certified and
26  Court-Appointed Mediators adopted by the Florida Supreme
27  Court.
28         (d)  If the parties do not settle the case pursuant to
29  mediation, the last offer of the party subject to agency
30  action made at mediation shall be recorded by the mediator in
31  a written report that describes the offer and states the
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  amount or content of the offer, the date the offer was made in
  2  writing, and the date the offer was rejected.  If the matter
  3  subsequently proceeds to hearing under ss. 120.569 and 120.57
  4  and the party subject to agency action prevails and the result
  5  is the same or more favorable than the last offer made by that
  6  party at mediation, then that party is entitled to recover
  7  attorney's fees and costs from the petitioner.
  8         Section 3.  Section 120.574, Florida Statutes, is
  9  amended to read:
10         120.574  Expedited Summary hearing.--
11         (1)(a)  Within 5 business days following the division's
12  receipt of a petition or request for hearing, the division
13  shall issue and serve on all original parties an initial order
14  that assigns the case to a specific administrative law judge
15  and provides general information regarding practice and
16  procedure before the division. The initial order shall also
17  contain a statement advising the original parties addressees
18  that an expedited a summary hearing is available, provided the
19  affected agency agrees, upon the agreement of all parties
20  under subsection (2) and briefly describing the accelerated
21  expedited time sequences, limited discovery, and final order
22  provisions of the expedited summary procedure.
23         (b)  Within 15 days after service of the initial order,
24  any party may file with the division a motion for expedited
25  summary hearing in accordance with subsection (2). If a
26  nonagency party files such a motion, and the affected agency
27  does not file a written objection within 7 days after the
28  service of that motion, or if the affected agency files such a
29  motion, and the party who is the subject of the agency action
30  does not file a written objection within 7 days after the
31  service of the motion, then the motion shall be granted and an
                                  6
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  order shall be entered setting the hearing date, which shall
  2  be held within 30 days from the date the response period to
  3  the motion expires. If the affected agency files such a
  4  motion, and the party who is the subject of the agency action
  5  files a response within 7 days after service of that motion
  6  objecting to the expedited hearing, the administrative law
  7  judge shall, within 5 days from the filing of that response,
  8  enter an order granting the motion for expedited hearing,
  9  unless he or she determines that any of the original parties
10  will be unduly prejudiced thereby, which hearing shall be held
11  within 30 days from the date the order granting the expedited
12  hearing is entered. If all original parties agree, in writing,
13  to the summary proceeding, the proceeding shall be conducted
14  within 30 days of the agreement, in accordance with the
15  provisions of subsection (2).
16         (c)  Intervenors in the proceeding shall be governed by
17  the decision of the administrative law judge original parties
18  regarding whether the case will proceed in accordance with the
19  expedited summary hearing process and shall not have standing
20  to challenge that decision.
21         (d)  If a motion for expedited summary hearing is not
22  filed within 15 days after service of the division's initial
23  order, the matter shall proceed in accordance with ss. 120.569
24  and 120.57.
25         (2)  In any case to which this subsection is
26  applicable, the following procedures apply:
27         (a)  Motions shall be limited to the following:
28         1.  A motion in opposition to the petition.
29         2.  A motion requesting discovery beyond the informal
30  exchange of documents and witness lists described in paragraph
31  (b). Upon a showing of necessity, additional discovery may be
                                  7
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  permitted in the discretion of the administrative law judge,
  2  but only if it can be completed not later than 5 days prior to
  3  the final hearing.
  4         3.  A motion for continuance of the final hearing date.
  5         4.  A motion requesting a prehearing conference, or the
  6  administrative law judge may require a prehearing conference,
  7  for the purpose of identifying:  the legal and factual issues
  8  to be considered at the final hearing; the names and addresses
  9  of witnesses who may be called to testify at the final
10  hearing; documentary evidence that will be offered at the
11  final hearing; the range of penalties that may be imposed upon
12  final hearing; and any other matter that the administrative
13  law judge determines would expedite resolution of the
14  proceeding.  The prehearing conference may be held by
15  telephone conference call.
16         5.  During or after any preliminary hearing or
17  conference, any party or the administrative law judge may
18  suggest that the case is no longer appropriate for expedited
19  summary disposition. Following any argument requested by the
20  parties, the administrative law judge may enter an order
21  referring the case back to the formal adjudicatory process
22  described in s. 120.57(1), in which event the parties shall
23  proceed accordingly.
24         (b)  Not later than 5 days prior to the final hearing,
25  the parties shall furnish to each other copies of documentary
26  evidence and lists of witnesses who may testify at the final
27  hearing.
28         (c)  All parties shall have an opportunity to respond,
29  to present evidence and argument on all issues involved, to
30  conduct cross-examination and submit rebuttal evidence, and to
31  be represented by counsel or other qualified representative.
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1         (d)  The record in a case governed by this subsection
  2  shall consist only of:
  3         1.  All notices, pleadings, motions, and intermediate
  4  rulings.
  5         2.  Evidence received.
  6         3.  A statement of matters officially recognized.
  7         4.  Proffers of proof and objections and rulings
  8  thereon.
  9         5.  Matters placed on the record after an ex parte
10  communication.
11         6.  The written decision of the administrative law
12  judge presiding at the final hearing.
13         7.  The official transcript of the final hearing.
14         (e)  The agency shall accurately and completely
15  preserve all testimony in the proceeding and, upon request by
16  any party, shall make a full or partial transcript available
17  at no more than actual cost.
18         (f)  The decision of the administrative law judge shall
19  be rendered within 30 days after the conclusion of the final
20  hearing or the filing of the transcript thereof, whichever is
21  later.  The administrative law judge's recommended order
22  decision, which shall be final agency action subject to
23  judicial review under s. 120.68, shall include the following:
24         1.  Findings of fact based exclusively on the evidence
25  of record and matters officially recognized.
26         2.  Conclusions of law.
27         3.  Imposition of a fine or penalty, if applicable.
28         4.  Any other information required by law or rule to be
29  contained in a final order.
30         (g)  The parties may file exceptions to the
31  administrative law judge's recommended order within 10 days
                                  9
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  after its issuance. The agency shall issue the final order
  2  within 30 days after the issuance of the administrative law
  3  judge's recommended order. For a period of 2 years following
  4  October 1, 1996, the division shall maintain a register of the
  5  total number of formal proceedings filed with the division
  6  under s. 120.57(1).
  7         Section 4.  Subsection (8) of section 373.1501, Florida
  8  Statutes, is amended to read:
  9         373.1501  South Florida Water Management District as
10  local sponsor.--
11         (8)  Final agency action with regard to any project
12  component subject to s. 373.026(8)(b) shall be taken by the
13  department. Actions taken by the district pursuant to
14  subsection (5) shall not be considered final agency action.
15  Any petition for formal proceedings filed pursuant to ss.
16  120.569 and 120.57 shall require a hearing under the expedited
17  summary hearing provisions of s. 120.574, which shall be
18  mandatory. The final hearing under this section shall be held
19  within 30 days after receipt of the petition by the Division
20  of Administrative Hearings.
21         Section 5.  Paragraph (g) of subsection (2) of section
22  403.088, Florida Statutes, is amended to read:
23         403.088  Water pollution operation permits;
24  conditions.--
25         (2)
26         (g)  The Legislature finds that the restoration of the
27  Everglades Protection Area, including the construction,
28  operation, and maintenance of stormwater treatment areas
29  (STAs) is in the public interest. Accordingly, whenever a
30  facility to be constructed, operated, or maintained in
31  accordance with s. 373.4592 is subjected to permitting
                                  10
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  requirements pursuant to chapter 373 or this chapter, and the
  2  issuance of the initial permit for a new source, a new
  3  discharger, or a recommencing discharger is subjected to a
  4  request for hearing pursuant to s. 120.569, the administrative
  5  law judge may, upon motion by the permittee, issue a
  6  recommended order to the secretary who, within 5 days, shall
  7  issue an order authorizing the interim construction,
  8  operation, and maintenance of the facility if it complies with
  9  all uncontested conditions of the proposed permit and all
10  other conditions recommended by the administrative law judge
11  during the period until the final agency action on the permit.
12         1.  An order authorizing such interim construction,
13  operation, and maintenance shall be granted if requested by
14  motion and no party opposes it.
15         2.  If a party to the administrative hearing pursuant
16  to ss. 120.569 and 120.57 opposes the motion, the
17  administrative law judge shall issue a recommended order
18  granting the motion if the administrative law judge finds
19  that:
20         a.  The facility is likely to receive the permit; and
21         b.  The environment will not be irreparably harmed by
22  the construction, operation, or maintenance of the facility
23  pending final agency action on the permit.
24         3.  Prior to granting a contested motion for interim
25  construction, operation, or maintenance of a facility
26  authorized by s. 373.4592, the administrative law judge shall
27  conduct a hearing using the expedited summary hearing process
28  defined in s. 120.574, which shall be mandatory for motions
29  made pursuant to this paragraph.  Notwithstanding the
30  provisions of s. 120.574(1), expedited summary hearing
31  proceedings for these facilities shall begin within 30 days of
                                  11
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  the motion made by the permittee. Within 15 days of the
  2  conclusion of the expedited summary proceeding, the
  3  administrative law judge shall issue a recommended order
  4  either denying or approving interim construction, operation,
  5  or maintenance of the facility, which shall be submitted to
  6  the secretary who shall within 5 days thereafter, enter an
  7  order granting or denying interim construction operation or
  8  maintenance of the facility. The order shall remain in effect
  9  until final agency action is taken on the permit.
10         Section 6.  Subsections (8), (13), and (15) of section
11  403.973, Florida Statutes, are amended to read:
12         403.973  Expedited permitting; comprehensive plan
13  amendments.--
14         (8)  At the option of the participating local
15  government, appeals of its final approval for a project may be
16  pursuant to the expedited summary hearing provisions of s.
17  120.574, pursuant to subsection (15), or pursuant to other
18  appellate processes available to the local government. The
19  local government's decision to enter into an expedited a
20  summary hearing must be made as provided in s. 120.574 or in
21  the memorandum of agreement.
22         (13)  The applicant, the regional permit action team,
23  and participating local governments may agree to incorporate
24  into a single document the permits, licenses, and approvals
25  that are obtained through the expedited permit process. This
26  consolidated permit is subject to the expedited summary
27  hearing provisions set forth in subsection (15).
28         (15)  The expedited hearing process as provided for in
29  s. 120.574 shall be used with regard to challenges to state
30  agency action in the expedited permitting process for projects
31  processed under this section. Notwithstanding s. 120.574, use
                                  12
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  of the expedited hearing process does not require consent of
  2  the affected agency or a determination by the administrative
  3  law judge as to its propriety. are subject to the summary
  4  hearing provisions of s. 120.574, except that the
  5  administrative law judge's decision, as provided in s.
  6  120.574(2)(f), shall be in the form of a recommended order and
  7  shall not constitute the final action of the state agency. In
  8  those proceedings where the action of only one agency of the
  9  state is challenged, the agency of the state shall issue the
10  final order within 10 working days of receipt of the
11  administrative law judge's recommended order. In those
12  proceedings where the actions of more than one agency of the
13  state are challenged, the Governor shall issue the final order
14  within 10 working days of receipt of the administrative law
15  judge's recommended order. The participating agencies of the
16  state may opt at the preliminary hearing conference to allow
17  the administrative law judge's decision to constitute the
18  final agency action. If a participating local government
19  agrees to participate in the expedited summary hearing
20  provisions of s. 120.574 for purposes of review of local
21  government comprehensive plan amendments, s. 163.3184(9) and
22  (10) apply.
23         Section 7.  Subsection (14) of section 408.7056,
24  Florida Statutes, is amended to read:
25         408.7056  Statewide Provider and Subscriber Assistance
26  Program.--
27         (14)  A proposed order issued by the agency or
28  department which only requires the managed care entity to take
29  a specific action under subsection (7) is subject to an
30  expedited a summary hearing in accordance with s. 120.574,
31  unless all of the parties agree otherwise. If the managed care
                                  13
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  entity does not prevail at the hearing, the managed care
  2  entity must pay reasonable costs and attorney's fees of the
  3  agency or the department incurred in that proceeding.
  4         Section 8.  Paragraph (a) of subsection (4) of section
  5  120.595, Florida Statutes, is amended to read:
  6         120.595  Attorney's fees.--
  7         (4)  CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION
  8  120.56(4).--
  9         (a)  Upon entry of a final order that all or part of an
10  agency statement violates s. 120.54(1)(a), the administrative
11  law judge shall award reasonable costs and reasonable
12  attorney's fees to the petitioner, unless the agency
13  demonstrates that the statement is required by the Federal
14  Government to implement or retain a delegated or approved
15  program or to meet a condition to receipt of federal funds.
16  Notwithstanding any other provision of law to the contrary, if
17  a final hearing regarding the agency statement has been
18  scheduled, and a final order has not been entered because the
19  agency has proceeded to rulemaking or a final order has been
20  entered in favor of the agency because the agency has
21  proceeded to rulemaking and has effectively relied upon s.
22  120.56(4)(e), the administrative law judge shall nevertheless
23  enter an order awarding the petitioner reasonable attorney's
24  fees and costs.
25         Section 9.  Section 373.4141, Florida Statutes, is
26  amended to read:
27         373.4141  Permits; processing.--
28         (1)  Within 30 days after receipt of an application for
29  a permit under this part, the department or the water
30  management district shall review the application and shall
31  request submittal of all additional information the department
                                  14
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  or the water management district is permitted by law to
  2  require. If the applicant believes any request for additional
  3  information is not authorized by law or rule, the applicant
  4  may request a hearing pursuant to s. 120.57.  Within 30 days
  5  after receipt of such additional information, the department
  6  or water management district shall review it and may request
  7  only that information needed to clarify such additional
  8  information or to answer new questions raised by or directly
  9  related to such additional information. If the applicant
10  believes the request of the department or water management
11  district for such additional information is not authorized by
12  law or rule, the department or water management district, at
13  the applicant's request, shall proceed to process the permit
14  application.
15         (2)  A permit shall be approved or denied within 90
16  days after receipt of the original application, the last item
17  of timely requested additional material, or the applicant's
18  written request to begin processing the permit application.
19         (3)  An applicant may, within 30 days after filing an
20  application pursuant to this part, publish notice of his or
21  her application in a newspaper of general circulation in the
22  county or counties where the activity for which a permit is
23  requested may take place. The newspaper notice shall be in
24  accordance with the requirements of chapter 50, and shall set
25  forth, at a minimum, the name of the applicant; the name and
26  mailing address of the permitting agency; a brief description
27  of the activity the applicant is seeking a permit for and the
28  location of the activity; the location of the application
29  file; and a statement that, within 21 days after the
30  publication of the newspaper notice, any substantially
31  affected person pursuant to ss. 120.569 and 120.57 and any
                                  15
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    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1  person pursuant to s. 403.412(5) must notify the permitting
  2  agency, in writing, of any objections or concerns with regard
  3  to the permit application in order to preserve his or her
  4  right to initiate an administrative proceeding pursuant to ss.
  5  120.569 and 120.57 or s. 403.412(5). A substantially affected
  6  person, or citizen, as applicable, who, prior to the
  7  publication of the newspaper notice, notified the permitting
  8  agency in writing of his or her objections or concerns
  9  regarding the permit application is not affected by this
10  subsection. Failure to timely notify the permitting agency as
11  required by this subsection shall constitute a waiver of
12  administrative rights under ss. 120.569, 120.57, and
13  403.412(5), as applicable.
14         (4)  When an application reviewed by a water management
15  district under this part is the subject of a notice of intent
16  to issue or deny and is approved or denied by a two-thirds
17  vote of the district's governing board, such approval or
18  denial by the governing board shall carry a presumption of
19  correctness in any administrative proceeding pursuant to ss.
20  120.569 and 120.57. A party opposed to the governing board's
21  action must overcome this presumption by a preponderance of
22  the evidence.
23         (5)  The Division of Administrative Hearings shall
24  conduct a final hearing on a permit application under this
25  part challenged pursuant to ss. 120.569 and 120.57 within 90
26  days after receipt by the division of the petition or request
27  for hearing. During the pendency of the administrative
28  proceeding, the department or the water management district,
29  as applicable, may authorize construction activities that are
30  not subject to the allegations contained in the petition or
31  request for hearing initiating the administrative challenge.
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2556
    8-1239-00                                          See HB 2023
  1         Section 10.  This act shall take effect upon becoming a
  2  law.
  3
  4            *****************************************
  5                       LEGISLATIVE SUMMARY
  6
      Increases the maximum net worth for qualification as a
  7    small business party under the Florida Equal Access to
      Justice Act and the limitation on the amount of
  8    attorney's fees and costs that may be awarded under the
      act.
  9
10    Revises provisions relating to mediation of disputes
      under the Administrative Procedure Act. Revises the
11    parties who must agree to mediation and to the length of
      the mediation period. Revises requirements relating to
12    the mediation agreement. Provides requirements for the
      conduct of such mediation. Provides conditions under
13    which the party subject to agency action is entitled to
      recover attorney's fees and costs after a subsequent
14    hearing.
15
      Revises provisions which provide for summary hearings
16    under said act. Redesignates such hearings as expedited
      hearings and revises conditions under which such hearings
17    may be held. Specifies time periods for filing objections
      to a motion for such hearings. Removes the requirement
18    that the administrative law judge's decision is final
      agency action and provides for a recommended order and
19    final agency action on that order. Revises conditions
      under which these expedited hearing provisions apply to
20    an expedited permitting process.
21
      Provides for award of attorney's fees and costs to the
22    petitioner when an agency statement is challenged under
      the Administrative Procedure Act as not having been
23    properly adopted as a rule and the agency has proceeded
      to rulemaking.
24
25    Provides that an applicant for a permit for a stormwater
      management system, dam, impoundment, or other work under
26    part IV of ch. 373, F.S., may elect to publish notice of
      such application. Specifies effect of such publication on
27    the rights of substantially affected persons and others
      to initiate administrative proceedings with respect to
28    such application. Provides conditions under which
      approval or denial of an application by a water
29    management district governing board is presumed correct
      in a subsequent administrative proceeding. Specifies the
30    date by which a final hearing must be held when a permit
      application is challenged and provides that certain
31    construction activities may be authorized during the
      pendency of the administrative proceeding.
                                  17