CS for SB 1696 Summary

• Expands the definition of "small business party" eligible for attorney fee awards to include small businesses as defined in s. 288.703 in administrative proceedings under chapter 120.

• Establishes that a proceeding is not "substantially justified" if agency action contradicts a prior declaratory statement issued to the affected party or if the agency denied a declaratory statement petition before initiating action against that party.

• Requires notice of rule development and rules filed for adoption be published in the Florida Administrative Register and allows agencies to use e-mail alert services to notify licensees of rule notices.

• Shifts the burden of proof in rule challenges so petitioners must establish a prima facie case of invalidity, and allows parties to challenge rules within administrative proceedings as defenses rather than only through separate rule challenge proceedings.

• Requires 5 days' notice to agency heads before filing proposed rule challenges and 30 days' notice before challenging adopted or unadopted rules; limits attorney fee awards to $50,000 except for fees incurred litigating entitlement to and quantification of attorney fees, which are unlimited.

• Requires agencies to designate rules by June 30, 2014 for which violations constitute minor violations and establish notice of noncompliance as the first enforcement response.