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 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.