[DOWNLOAD] "What Price Frivolity? Section 57.105 Comes to the APA" by Florida Bar Journal # eBook PDF Kindle ePub Free

August 02, 2021

eBook details

Title: What Price Frivolity? Section 57.105 Comes to the APA
Author : Florida Bar Journal
Release Date : January 01, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

There are several statutory provisions in the APA providing for awards of attorneys' fees. An award can be made against a party for participating in a proceeding for an "improper purpose" or for having filed frivolous, harassing, or unnecessary papers or pleadings (F.S. [section][section] 120.595(1) and 120.569(2)(e)) or for discovery violations (F.S. [section] 120.569(2)(f)). If an appeal is frivolous or an agency rejects findings of fact of an administrative law judge (ALJ) and that decision is not upheld on appeal, fees will be awarded for the appeal and if findings of fact are erroneously rejected, fees are awarded for the underlying administrative proceeding as well (F.S. [section] 120.595(5)). Fees are awarded to parties who prevail in their challenge to an agency's proposed or existing rules or statements that should have been adopted as rules (F.S. [section] 120.595(2)(4)). (1) Other attorneys' fees provisions not contained in the APA also apply to administrative proceedings. Small businesses can be recompensed, at least in part, for attorneys' fees and costs incurred defending an agency-initiated administrative proceeding that is not "substantially justified" (F.S. [section] 57.111). In 2003, the legislature expanded the scope of F.S. [section] 57.105 to APA proceedings, thereby subjecting parties to paying fees and costs if they advance claims or defenses that are frivolous. This article examines the impact of the change on proceedings held under the APA. F.S. [section] 57.105 is Applied to the APA