CS/CS/CS/HB 1225 - Administrative Procedures Summary

• Amends Florida's Equal Access to Justice Act to define when proceedings are "not substantially justified" based on contradictory or denied declaratory statements.

• Requires agencies to publish notices of rule development, proposed rules, and adopted rules electronically; establishes e-mail alert services and public comment capabilities on the Florida Administrative Register website.

• Shifts burden of proof to petitioners challenging proposed or unadopted rules to establish a prima facie case, with agencies then bearing burden to prove rules are valid.

• Authorizes parties to request mediation in rule challenge and declaratory statement proceedings; requires agencies to notify parties whether they will rely on challenged rules within 15 days.

• Establishes attorney fees and costs awards for successful rule challenges (up to $50,000 cap) and requires 5-30 day notice to agency before filing challenges; requires agencies to review and certify "minor violation" rules by June 30, 2014.

• Effective July 1, 2013.