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CS/HB 1355: Administrative Procedures

GENERAL BILL by Rulemaking Oversight and Repeal Subcommittee ; Adkins

Administrative Procedures; Provides conditions under which proceeding is not substantially justified for purposes of award under Florida Equal Access to Justice Act; provides for publication of notices of rule development & of rules filed for adoption; provides additional notice of rule development, proposals, & adoptions; revises numerous provisions addressing challenges to agency action & agency statements, rules, & proposed rules; revises numerous provisions to authorize or require ALJ to award attorney fees & costs in administrative actions; requires ALJ to make certain findings & enter final order on validity of certain rules & alleged unadopted rules; provides for stay of proceedings not involving disputed issues of fact under certain circumstances; provides that final order terminates stay; provides for award of attorney fees & costs by appellate court in specified administrative challenges; provides for attorney fees & costs incurred in litigating right to attorney fees & costs in administrative actions; authorizes extensions for filing certain appeals or petitions.

Effective Date: 7/1/2014
Last Action: 5/2/2014 House - Died in Appropriations Committee
Bill Text: PDF

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  • Bill History

    Date Chamber Action
    3/3/2014 House • Filed
    3/4/2014 House • Introduced -HJ 110
    3/11/2014 House • Referred to Rulemaking Oversight and Repeal Subcommittee; Appropriations Committee; State Affairs Committee -HJ 271
    3/21/2014 House • On Committee agenda-- Rulemaking Oversight and Repeal Subcommittee, 03/25/14, 1:30 pm, 306 HOB
    3/25/2014 House • CS by Rulemaking Oversight and Repeal Subcommittee; YEAS 11 NAYS 0 -HJ 405
    3/31/2014 House • Pending review of CS under Rule 7.19(c)
    • CS by Rulemaking Oversight and Repeal Subcommittee read 1st time -HJ 402
    4/2/2014 House • Now in Appropriations Committee -HJ 439
    5/2/2014 House • Died in Appropriations Committee

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  • CS/HB 1355, Committee Substitute 1 (Current Bill Version) Posted 3/31/2014 at 9:54 AM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 975 (c1) Administrative Procedures Goodson Compare Last Action: 5/2/2014 H Died in Appropriations Committee
    Location: In committee/council (APC)
    S 600 Administrative Procedures Dean Compare Last Action: 5/2/2014 S Died in Governmental Oversight and Accountability
    Location: In committee/council (GO)
    S 1626 Administrative Procedures Lee Compare Last Action: 5/2/2014 S Died in Judiciary
    Location: In committee/council (JU)

    Citations - Statutes (9)

    Citation Catchline Location in Bill Location In Bill Help
    57.111 Civil actions and administrative proceedings initiated by state agencies; attorneys’ fees and costs. Page 3 (pdf)
    120.54 Rulemaking. Page 4 (pdf)
    120.55 Publication. Page 5 (pdf)
    120.56 Challenges to rules. Page 11 (pdf)
    120.569 Decisions which affect substantial interests. Page 17 (pdf)
    120.57 Additional procedures for particular cases. Page 17 (pdf)
    120.595 Attorney’s fees. Page 23 (pdf)
    120.68 Judicial review. Page 31 (pdf)
    120.695 Notice of noncompliance. Page 33 (pdf)

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  • HB 1355, Original Filed Version Posted 3/3/2014 at 2:54 PM

    Bill Text:   PDF
    Analyses:   Rulemaking Oversight and Repeal Subcommittee (Post-Meeting) 3/31/2014 (pdf)

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1626 Administrative Procedures Lee Similar Last Action: 5/2/2014 S Died in Judiciary
    Location: In committee/council (JU)
    H 975 (c1) Administrative Procedures Goodson Compare Last Action: 5/2/2014 H Died in Appropriations Committee
    Location: In committee/council (APC)
    S 600 Administrative Procedures Dean Compare Last Action: 5/2/2014 S Died in Governmental Oversight and Accountability
    Location: In committee/council (GO)

    Committee Amendments (2)

    Amendment Sponsor Filed Last Committee Action Format
    176873 - Strike All Amendment
    Remove everything after the enacting clause and insert:
    Adkins 3/24/2014
    5:59 PM
    Adopted as Amended
    3/25/2014
    PDF
    hierarchy 349555 - Amendment to Amendment (176873)
    Remove lines 483-489 of the amendment and insert:
    Wood 3/25/2014
    10:35 AM
    Adopted without Objection
    3/25/2014
    PDF

    Citations - Statutes (11)

    Citation Catchline Location in Bill Location In Bill Help
    57.111 Civil actions and administrative proceedings initiated by state agencies; attorneys’ fees and costs. Page 4 (pdf)
    120.54 Rulemaking. Page 4 (pdf)
    120.55 Publication. Page 5 (pdf)
    120.56 Challenges to rules. Page 11 (pdf)
    120.565 Declaratory statement by agencies. Page 16 (pdf)
    120.569 Decisions which affect substantial interests. Page 17 (pdf)
    120.57 Additional procedures for particular cases. Page 18 (pdf)
    120.573 Mediation of disputes. Page 24 (pdf)
    120.595 Attorney’s fees. Page 25 (pdf)
    120.68 Judicial review. Page 33 (pdf)
    120.695 Notice of noncompliance. Page 34 (pdf)

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