FL H0975

Amends section 120.595, Florida Statutes to require final orders in administrative proceedings under section 120.57(1) award all reasonable costs and attorney fees to the prevailing party when the administrative law judge determines the nonprevailing party participated for an improper purpose.

Establishes rebuttable presumption that a nonprevailing party participated for improper purpose if they participated in a prior proceeding involving the same prevailing party and project without establishing factual or legal merits, or participated in two or more such prior proceedings without success.

Defines "improper purpose" as participation primarily to harass, cause unnecessary delay, for frivolous purpose, or to needlessly increase litigation costs.

Allows prevailing parties (excluding state agencies) to recover reasonable attorney fees and costs incurred in litigating entitlement to and quantification of underlying attorney fees and costs, without subject to standard statutory limitations on fee amounts.

Takes effect July 1, 2014.