FL S0600

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 if the administrative law judge determines the nonprevailing party participated for an improper purpose.

Changes the determination standard from requiring motion to making it a duty of the administrative law judge to determine whether any party participated in the proceeding for an improper purpose.

Establishes rebuttable presumption of improper purpose when a nonprevailing adverse party participated in another proceeding involving the same prevailing party and project as an adverse party, failed to establish factual or legal merits, and the current position would have been cognizable in the previous proceeding.

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

Takes effect July 1, 2014.