Bill Text: FL S1654 | 2022 | Regular Session | Introduced


Bill Title: Award of Attorney Fees and Costs in Actions Involving District School Boards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Education [S1654 Detail]

Download: Florida-2022-S1654-Introduced.html
       Florida Senate - 2022                                    SB 1654
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01492A-22                                          20221654__
    1                        A bill to be entitled                      
    2         An act relating to the award of attorney fees and
    3         costs in actions involving district school boards;
    4         creating s. 57.116, F.S.; defining terms; requiring an
    5         award of attorney fees and costs to a district school
    6         board in any civil or administrative proceeding in
    7         which the district school board was the prevailing
    8         party over a state agency, regardless of which party
    9         initiated the action; specifying the circumstances
   10         under which a district school board is considered a
   11         prevailing party; providing the procedure for an
   12         attorney for a prevailing district school board to
   13         apply for an award; requiring an application for
   14         attorney fees and costs to be made in a specified
   15         timeframe; authorizing a state agency to oppose the
   16         application by affidavit; requiring an evidentiary
   17         hearing on an application for an award of attorney
   18         fees and costs to be promptly conducted by a court or
   19         an administrative law judge, as applicable; providing
   20         for the appeal of a final order by an administrative
   21         law judge; providing for the award of additional
   22         attorney fees and costs for an appeal; prohibiting an
   23         award of attorney fees and costs to be made in any
   24         case in which a state agency was a nominal party;
   25         authorizing a prevailing district school board to
   26         petition the circuit court where the subject matter of
   27         the underlying action arose for enforcement of an
   28         award by writ of mandamus, including additional
   29         attorney fees and costs incurred for issuance of the
   30         writ, if a state agency fails to tender payment of the
   31         award within a specified timeframe; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 57.116, Florida Statutes, is created to
   37  read:
   38         57.116 Attorney fees and costs; district school boards.—
   39         (1)As used in this section, the term:
   40         (a)“Attorney fees and costs” means the reasonable and
   41  necessary attorney fees and costs incurred for all preparations,
   42  motions, hearings, trials, and appeals in a proceeding.
   43         (b)“District school board” means a school board
   44  established in accordance with s. 4 of Art. IX of the State
   45  Constitution.
   46         (c)“State agency” means the Governor, each state officer
   47  and state department, and each departmental unit described in s.
   48  20.04.
   49         (2)(a)Notwithstanding any other law, an award of attorney
   50  fees and costs must be made to a district school board in any
   51  civil or administrative proceeding in which the district school
   52  board was the prevailing party over a state agency, regardless
   53  of which party initiated the action.
   54         (b)A district school board is a prevailing party when:
   55         1. A final judgment or order has been entered in favor of
   56  the district school board and such judgment or order has not
   57  been reversed on appeal or the time for seeking judicial review
   58  of the judgment or order has expired; or
   59         2. The state agency has sought a voluntary dismissal of its
   60  complaint.
   61         (c)To apply for an award under this section, the attorney
   62  for the prevailing district school board must submit an
   63  affidavit to the court that first conducted the adversarial
   64  proceeding in the underlying action or, in the case of a
   65  proceeding pursuant to chapter 120, must submit such affidavit
   66  by electronic means to the Division of Administrative Hearings
   67  through its website, which shall assign an administrative law
   68  judge. The affidavit must state the nature and extent of the
   69  services rendered by the attorney and must itemize the costs
   70  incurred in preparations, motions, hearings, and appeals in the
   71  proceeding. The application for an award of attorney fees and
   72  costs must be made within 60 days after the district school
   73  board became a prevailing party.
   74         (d)The state agency may oppose the application for the
   75  award of attorney fees and costs by affidavit.
   76         (e)The court, or the administrative law judge in the case
   77  of a proceeding under chapter 120, shall promptly conduct an
   78  evidentiary hearing on the application for an award of attorney
   79  fees and costs and shall issue a judgment or a final order, as
   80  applicable. A final order of an administrative law judge is
   81  reviewable in accordance with s. 120.68. If the court affirms
   82  the award of attorney fees and costs in whole or in part, the
   83  court may, in its discretion, award additional attorney fees and
   84  costs for the appeal.
   85         (f)An award of attorney fees and costs may not be made in
   86  any case in which the state agency was a nominal party.
   87         (3)If the state agency fails to tender payment of the
   88  award of attorney fees and costs within 30 days after the date
   89  that the order or judgment becomes final, the prevailing
   90  district school board may petition the circuit court where the
   91  subject matter of the underlying action arose for enforcement of
   92  the award by writ of mandamus, including additional attorney
   93  fees and costs incurred for issuance of the writ.
   94         Section 2. This act shall take effect July 1, 2022.

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