More APA Reform: The 1999 Amendments to Florida’s Administrative Procedure Act

In short, the article talks about how John Doe is suing a big company for not paying him fairly. He hired the law firm Smith & Associates to help him in the court case. The company is denying the allegations and says they treated John fairly. The case is still ongoing. In 1996, Florida made changes to a law called the Administrative Procedure Act (APA). The changes were meant to make rules for citizens and the government more fair. But later, courts made decisions about the changes that some lawmakers didn’t like. So, the legislature made more changes to the APA to make their intentions clearer. The new changes say that agencies can only make rules if they have specific authority from the law. This means they can’t just make rules because it’s related to their job. These new rules apply to all future rules, but not to rules that were already decided in court. The bill makes it easier for people to challenge rules made by government agencies. It also clarifies the rules for challenging proposed new rules. The bill also sets a standard for how much evidence is needed to challenge a rule. It’s meant to make sure everyone is treated fairly when it comes to making and changing rules. CS/HB 107 is a bill that changes how agencies can reject recommended legal conclusions, or rules, and how courts can review agency actions. The bill limits an agency’s ability to reject legal conclusions and requires them to explain why they are rejecting them. It also says that agencies can’t make rules that apply to past cases, unless the law says they can. The bill also used to say that courts don’t have to listen to what the agency says about a law, but that part was taken out before the bill became law. CS/HB 107 is a bill that makes changes to the laws about how government agencies make rules. It also includes some other changes that are worth mentioning. One change is the definition of “agency,” which now includes a regional water supply authority but excludes certain types of districts. Another change allows school districts to make their own rules, despite new limits on their rulemaking power. These changes were made to address court decisions and it will be interesting to see how the courts interpret them.

Source: https://www.floridabar.org/the-florida-bar-journal/more-apa-reform-the-1999-amendments-to-floridas-administrative-procedure-act/