FL H1389

Restructures administrative hearing procedures under Chapter 120, requiring hearing requests to be filed within 21 days of notice, specifying nine mandatory content elements for requests, and establishing that the first dismissal is without prejudice; agencies must grant or deny non-enforcement requests within 15 days and enforcement requests within 30 days, with failure to act constituting withdrawal of agency action.

Creates a new framework for qualified representatives to appear on behalf of parties in agency proceedings, with two qualification paths: a presiding-officer-approved affidavit demonstrating legal familiarity, or an alternative affidavit for out-of-state attorneys, supervised law students with 48+ semester hours, or individuals with prior DOAH/agency experience; mandatory standards of conduct prohibit dishonesty, ex parte communications, and handling matters beyond competence.

Establishes exclusive discovery procedures for administrative hearings, including mandatory initial disclosures due at least 30 days after a hearing is granted, requiring identification of witnesses, expert reports with detailed qualifications and opinions, and—in enforcement proceedings—agency disclosure of exculpatory information from exempt public records; sanctions for nondisclosure include prohibition of undisclosed evidence, deemed admissions, and cost/fee awards.

Moves uniform rules of procedure from s. 120.54 to new s. 120.5401, requiring the Administration Commission to adopt uniform rules covering scheduling, telecommunications procedures, protests, hearing conduct, declaratory statements, and variances/waivers including emergency and temporary variances with expedited timeframes; agencies may petition for exceptions only for implementing other laws, federal compliance, or operational efficiency.

Creates a mandatory correction process (s. 120.5402) requiring agencies to publish rule corrections necessitated by subsequent law changes within 180 days of the law's effective date or face automatic rule suspension; objections must be filed within 21 days, and denied objections are expressly not final agency action subject to administrative review.

Requires public meeting, hearing, and workshop notices at least 7 days in advance, with detailed telecommunications requirements including contemporaneous public access information, procedures for submitting materials and requesting to speak, and designation of a presiding officer; official action taken at meetings with access points limited to places not normally open to the public is void and of no effect.

Adds specific procedures for environmental permitting proceedings under chapters 373, 378, or 403, requiring permit applicants to present a prima facie case first (including application materials and staff reports), followed by the agency, with the challenging petitioner bearing both the burden of ultimate persuasion and going forward with competent substantial evidence.

Strengthens ALJ assignment and disqualification procedures, requiring the Division of Administrative Hearings to issue an initial order within 5 days assigning a specific ALJ; any party may seek disqualification by affidavit before evidence is taken, with the chief judge deciding within 5 days; agencies that fail to request an ALJ within 15 days of granting a hearing adopt the opposing party's statement of facts.

Exempts administrative law judges and agency hearing officers from the Career Service System, adds statutory definitions for "telecommunications" and "enforcement action," and requires agency notices to clearly state whether a matter is an enforcement action.

Updates dozens of conforming cross-references throughout Florida Statutes to reflect renumbered provisions, including references for professional licensing boards, charitable solicitations, fire safety, insurance acquisitions, civil rights hearings, charter school governance, and university campus master plans, with an effective date of July 1, 2017.