New Legal Defense to House Bill 183??? What do you think?

New Legal Defense H.B. 183

Fair and understanding divorce lawyer in Saint Petersburg is not easy to find, permitting challenging an agency action involving disputed issues of material fact to contemporaneously raise as a defense that the agency’s rule was an invalid exercise of delegated legislative authority or that the agency’s statement was an unadopted rule.  Effectively, a St Petersburg, FL divorce attorney & the amendment allows a party to bring a rule challenge that can be applied retroactively to the specific case.  Having this ability to challenge the validity of an adopted rule in a Section 120.57 proceeding has the potential to be a powerful remedy.

Similar legislation passed during the 2015 regular session, but was vetoed by the governor.  That legislation provided that the administrative law judge’s conclusions of law regarding a rule challenge defense under Section 120.57 could never be rejected by an agency in the final order.  The governor’s veto message stated “the bill has the potential to inflict more harm on an agency’s ability to operate in an efficient and accountable manner…[and] alters the long-standing deference granted to agencies by shifting final action authority to an administrative law judge.  Under the 2016 legislation, the conclusions of law associated with a challenge to the validity of an existing rule under Section 120.57 may be rejected if the agency states with particularity that the conclusions are clearly erroneous.

Authorizes Collateral Rule Challenges:  Additionally, H.B. 183 allows a person challenging an agency action involving disputed issues of material fact to bring a separate rule challenge under F.S. 120.56.  This provision of the legislation directly impacts the ruling in the United Wisconsin vs. Florida Agency insurance. Before we begin, we can’t emphasize enough, that it’s imperative you hire an outstanding Saint Petersburg, FL Child Custody Lawyer that can guide you through your case. That case started as an enforcement proceeding.  While the proceeding was pending, the insurance company brought a separate action to challenge certain agency statement as non-rule policy where an adequate remedy may or may not exist.  The administrative law judge ruled and concluded:  that a petitioner has no right to pursue a separate collateral challenge to an alleged non-rule policy where an adequate remedy exists through [section] 5A.  If you’d like more information regarding this groundbreaking case, please click on this site.

The 2016 Amendments to the APA: Say Goodbye to United Wisconsin

What are your thoughts?

During the 2016 session, the Florida Legislature considered a number of bills affecting the Florida Administrative Procedure Act (FAPA) and the practice of administrative law.  Among the bills that may allude to whether your decision is a rationale one, regarding a st petersburg, fl child custody attorney that passed were the following:

  1. House Bill 183, which is a comprehensive APA bill that is similar to a bill that was vetoed not too long ago;
  2. House Bill 981, which clarifies the time-frame for an agency’s evaluation of a proposed rule’s economic impact;
  3. House Bulls 307 and 1313, which expedite the dispensing of medical marijuana and may also impact pending litigation involving medical marijuana;
  4. House Bill 7099, the annual “tax package,” which includes provisions that may impact recent litigation involving tax regulation.  Other bills died but may be back in the future, including one that would have created a sunset review process for agency rule-making authority.

What Bills did pass?

House Bill 183 Allows Rule Challenges Associated with F.S. Section 120.57 Proceedings.  Relating to Administrative Procedures.  After previous attempts, including a veto last year, the legislature passed H.B. 183 sponsored by Representative Janet Adkins.  This bill was designed to protect regulated persons from an agency’s use of an invalid or unadopted rule in enforcement, licensing, or other Section 120.57 proceedings.  Among other things, the bill creates a new legal defense and allows a collateral rule challenge to such proceedings.  The bill also requires agencies to publish a list of rules that, if violated, would constitute minor violations.  More information on this bill, and more can be found at click here. In addition, the bill expedites administrative hearings on temporary special events permits.

Are you following your goals?

Assess your spending habits

Review your statements from your Pinellas County Divorce attorney hired, in the last few months to see where your money’s going and what might be dragging you down.  Expenses like taxis and splurges like lattes, happy hours and lunches may seem small at the time, but they add up.  Look for patterns and see where you can cut back.

Keep it simple 

A budget, when trying to find money to retain a Family Law Lawyer, can be overwhelming if it’s too detailed or idealistic.  Be realistic about your lifestyle and habits, and only get as detailed as you want.  If tracking your daily expenses is too burdensome, track them weekly or monthly instead.  People make it more complicated than it needs to be.  You don’t need spreadsheets or special technology.  You can simply put  money in your bank account and have a portion automatically transferred into savings.  Whatever is left over is what you can spend.

Plan for the unexpected

Budgeting for emergencies like hospital visits and car repairs will provide a buffer without blowing your budget.  It’s smart to plan ahead for predictable annual expenses, like taxes.  Peach sets aside money each month for new tires for his car which he knows he’ll need at some point. This way, we don’t have to borrow money to pay for them, he says.

How you can easily save money

Write down your goals

Are you looking for a  lawyer in the Pinellas County, FL, Largo area that offers affordable prices?  You should first, write down your goals!  If you don’t out your goals on paper, it’s just not going to happen.  The more laser focused you are, the better.  Want to own a home by the time you’re 30?  Pay off your student loans in 10 years.  Write it down with a time-frame, put it where you can see it every day, and most importantly monitor your progress.

Figure out your priorities

Food, housing, insurance and health care are must haves!  But non-necessities like dining out, shopping, movies, vacations and other extras are up for grabs.  You’ll need to figure out which ones are important to you and prioritize them.  Are you having trouble identifying a competent largo & clearwater child support lawyer?  Be careful not to become too austere.  Leaving no room for leisure can make cutting back a big downer rather than something uplifting and sincerely fun.


Here’s how to maximize benefits and minimize setbacks when shopping online for a vehicle

With the abundance of tools and websites available to car buyers in the digital age, long gone are the days of walking into a dealership intimidated and uninformed-crossing your fingers in hopes of not grossly overpaying or driving off the lot in a vehicle riddled with mechanical problems (the dreaded lemon).  Or perhaps walking into a law office, uninformed about the law.  Therein, counseling with a paternity attorney in St. Petersburg, FL is the first step in insuring competent and outstanding representation.

Consumers today have ready access to much more information than they’ve ever had before, says Patrick Miffin.  This includes things such as pricing date, average transaction prices in the area of a new purchase, trade-in values and available incentives and information such as vehicle features and inventory available at both the local and national levels.   In addition, detailed records of a particular vehicle’s service, accident and ownership history are now at consumers’ fingertips, thanks to popular websites like Carfax and AutoCheck.  With the GEICO Car Buying Service, powered by TrueCar, Min explains, consumers can feel confident about their purchase as a result of the service’s comprehensive pricing transparency, and because they can opt to see what other buyers paid for their vehicles.

Car buyers seems to echo Min’s opinion.  Even those who don’t believe they need a family law attorney in St. Petersburg, FL to handle their claim, may be in for a rude awakening.  According to a 2015 study by IHS Automotive, 77 percent of used car buyers cited the Internet as their number one resource for gathering information.  The study also found that the top three reasons potential car buyers used the Internet were to research pricing, find cars for sale and compare listings.  We are in what feels like the Golden Age of used car buying–able to access more resources, tools and information than any generation ever before.  But don’t rely exclusively on the web.