Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 105320
CHAMBER ACTION
Senate House
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1 Comm: RE .
04/23/2007 04:25 PM .
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11 The Committee on Judiciary (Gaetz) recommended the following
12 amendment to amendment (841926):
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14 Senate Amendment (with title amendment)
15 On page 16, between lines 29 and 30,
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17 insert:
18 Section 9. Present paragraph (b) of subsection (4) of
19 section 120.595, Florida Statutes, is redesignated as
20 paragraph (c), and a new paragraph (b) is added to that
21 subsection, to read:
22 120.595 Attorney's fees.--
23 (4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION
24 120.56(4).--
25 (b) If prior to the final hearing the agency initiates
26 rulemaking under s. 120.54 and requests a stay of the
27 proceedings pending rulemaking, the administrative law judge
28 shall award reasonable costs and reasonable attorney's fees
29 accrued by the petitioner prior to the date the agency filed
30 its request for a stay pending rulemaking provided the agency
31 adopts the statement as a rule. A request for a stay shall be
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4:40 PM 04/20/07 s1594c-ju04-b98
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 105320
1 granted when the petitioner and the agency agree to the stay.
2 If the petitioner objects to the stay, the stay may be denied
3 if the petitioner establishes good cause exists to deny the
4 stay. A stay granted under this paragraph shall remain in
5 effect until either the statement has been adopted as a rule
6 and has become effective or the proposed rule has been
7 withdrawn. A request for attorney's fees and costs under this
8 paragraph shall be granted only upon a finding that the agency
9 knew or should have known at the time the petition was filed
10 that the agency statement was an unadopted rule, and no award
11 of attorney's fees as provided by this paragraph may exceed
12 $50,000.
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14 (Redesignate subsequent sections.)
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 18, line 27, following the semicolon
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21 insert:
22 amending s. 120.595, F.S.; providing for
23 attorney's fees and costs in certain
24 circumstances;
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