Senate Bill 1020

    Florida Senate - 1998                                  SB 1020

    By Senator Ostalkiewicz





    12-629-98                                               See HB

  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 liability

  5         upon an agency that has made a determination

  6         affecting the substantial interests of a party

  7         based on a grossly negligent assessment of

  8         material facts, under specified circumstances;

  9         providing for agency liability for actual

10         damages and attorney's fees incurred by the

11         party suffering financial harm as a result of

12         the determination; providing for waiver of

13         sovereign immunity; specifying applicability;

14         providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 120.571, Florida Statutes, is

19  created to read:

20         120.571  Agency liability for grossly negligent

21  assessment of material facts; waiver of sovereign immunity.--

22         (1)  SHORT TITLE.--This section may be cited as the

23  "Agency Accountability Act."

24         (2)  APPLICATION TO ADMINISTRATIVE PROCEEDINGS.--This

25  section applies to all proceedings in which the substantial

26  interests of a party have been determined by final action of

27  an agency.

28         (3)  AGENCY LIABILITY.--Notwithstanding s. 120.68 or

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

30  the final action finds that an agency, in determining a

31  material fact within the agency's exercise of delegated

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






    Florida Senate - 1998                                  SB 1020
    12-629-98                                               See HB




  1  discretion, has made a grossly negligent factual assessment

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

  3  order finding the agency liable for any actual damages and

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

  5  harm.

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

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

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

  9  13, Art. X of the State Constitution, hereby waives sovereign

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

11  subdivisions, for the express and limited purpose necessary to

12  carry out this section.

13         Section 2.  This act shall take effect July 1, 1998,

14  and shall apply to all proceedings for which final agency

15  action has been rendered on or after that date.

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17            *****************************************

18                          SENATE SUMMARY

19    Creates the "Agency Accountability Act of 1998."
      Provides for court orders to impose liability upon an
20    agency that has made a determination affecting the
      substantial interests of a party based on a grossly
21    negligent assessment of material facts, under specified
      circumstances.  With respect to the financial harm
22    incurred by a party as a result of the final agency
      action, provides that agency liability extends to actual
23    damages and attorney's fees.  Provides for waiver of
      sovereign immunity to the extent necessary to carry out
24    the act.

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