Florida Senate - 2014 SB 600
By Senator Dean
5-00822-14 2014600__
1 A bill to be entitled
2 An act relating to administrative procedures; amending
3 s. 120.595, F.S.; requiring that a final order in
4 specified administrative proceedings award all
5 reasonable costs and attorney fees to a prevailing
6 party under certain circumstances; revising the
7 criteria used by an administrative law judge to
8 determine if a party participated in a proceeding for
9 an improper purpose; making technical changes;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (1) of section 120.595, Florida
15 Statutes, is amended to read:
16 120.595 Attorney’s fees.—
17 (1) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION
18 120.57(1).—
19 (a) The provisions of this subsection are supplemental to,
20 and do not abrogate, other provisions allowing the award of fees
21 or costs in administrative proceedings.
22 (b) The final order in a proceeding conducted pursuant to
23 s. 120.57(1) shall award all reasonable costs and all a
24 reasonable attorney fees attorney’s fee to the prevailing party
25 only if where the administrative law judge determines that the
26 nonprevailing adverse party has been determined by the
27 administrative law judge to have participated in the proceeding
28 for an improper purpose.
29 (c) In proceedings conducted pursuant to s. 120.57(1), and
30 upon motion, the administrative law judge shall determine
31 whether a any party participated in the proceeding for an
32 improper purpose as defined in by this subsection. In making
33 such determination, the administrative law judge shall consider
34 whether the nonprevailing adverse party has participated in
35 another two or more other such proceeding proceedings involving
36 the same prevailing party and the same project as an adverse
37 party and in which such two or more proceedings the
38 nonprevailing adverse party did not establish either the factual
39 or legal merits of its position. The judge shall also, and shall
40 consider whether the factual or legal position asserted in the
41 instant proceeding would have been cognizable in the previous
42 proceeding proceedings. In such event, it shall be rebuttably
43 presumed that the nonprevailing adverse party participated in
44 the pending proceeding for an improper purpose.
45 (d) In a any proceeding in which the administrative law
46 judge determines that a party participated in the proceeding for
47 an improper purpose, the recommended order shall so designate
48 that party and shall determine the award of costs and attorney
49 attorney’s fees.
50 (e) For purposes the purpose of this subsection, the term:
51 1. “Improper purpose” means participation in a proceeding
52 pursuant to s. 120.57(1) primarily to harass or to cause
53 unnecessary delay or for frivolous purpose or to needlessly
54 increase the cost of litigation, licensing, or securing the
55 approval of an activity.
56 2. “Costs” has the same meaning as the costs allowed in
57 civil actions in this state as provided in chapter 57.
58 3. “Nonprevailing adverse party” means a party that has
59 failed to have substantially changed the outcome of the proposed
60 or final agency action which is the subject of a proceeding. If
61 In the event that a proceeding results in any substantial
62 modification or condition intended to resolve the matters raised
63 in a party’s petition, it shall be determined that the party
64 having raised the issue addressed is not a nonprevailing adverse
65 party. The recommended order shall state whether the change is
66 substantial for purposes of this subsection. In no event shall
67 The term “nonprevailing party” or “prevailing party” may not be
68 deemed to include a any party that has intervened in a
69 previously existing proceeding to support the position of an
70 agency.
71 Section 2. This act shall take effect July 1, 2014.