Bill > S1696

This bill makes several changes to Florida law regarding governmental procedures and legal proceedings, aiming to clarify rules, enhance transparency, and adjust attorney fee provisions. Key provisions include defining conditions under which a proceeding is not considered "substantially justified" for awarding attorney fees, particularly when an agency's action contradicts a prior declaratory statement or when a petition for such a statement was denied before the agency action. It also shifts the burden of proof in certain challenges to proposed agency rules or unadopted agency statements, requiring the petitioner to establish a "prima facie case" (a basic level of evidence sufficient to proceed) of invalidity. The bill also mandates that agencies review and certify their rules by a specific date to identify minor violations, for which a "notice of noncompliance" (a warning without penalty) should be the first enforcement action, and it clarifies the definition of "small business" for certain administrative proceedings. Additionally, it adjusts how attorney fees are awarded in cases involving challenges to agency rules and unadopted rules, including provisions for fees incurred in litigating the fees themselves, and modifies procedures for judicial review of agency actions and the timelines for issuing final orders. Finally, it makes technical amendments to various sections of Florida Statutes to reflect these changes and ensure consistency.