Bill > H1225

This bill modifies Florida's administrative procedures to enhance transparency and fairness in agency actions and rule-making processes. It clarifies conditions under which agency proceedings are not considered "substantially justified" for awarding attorney fees and costs, particularly when an agency action contradicts a prior declaratory statement or when a petition for such a statement was denied. The bill also mandates broader publication of rule development notices and proposed rules in the Florida Administrative Register, including a listing of rules filed for adoption and those pending legislative ratification, and requires agencies to use their email alert services to notify recipients of these notices with links to relevant online information. Furthermore, it shifts the burden of proof in challenges to proposed rules and unadopted agency statements, requiring petitioners to present a "prima facie case" (a basic level of evidence) of invalidity, after which the agency must prove the rule's validity. The bill also refines procedures for challenging rules and unadopted agency statements, including provisions for stays of proceedings when a rule challenge is filed and clarifies that administrative law judges will make specific findings and enter final orders on rule validity. It also adjusts the conditions for awarding attorney fees and costs in certain administrative challenges, limiting awards in some cases and establishing presumptions for improper purpose in repeated litigation. Finally, the bill introduces a requirement for agencies to provide notice of noncompliance for minor rule violations before imposing penalties and specifies which entities are exempt from this provision.