AB 223

Under current law, if an individual, small nonprofit corporation, or a small

business is the prevailing party in an administrative agency contested case, in an

action brought by an agency, or in a judicial review proceeding under s. 227.485 (6),

that prevailing party is entitled to an award of costs unless the court finds the agency

was substantially justified in taking its position or if such an award would be unjust

under the circumstances. If the prevailing party is an individual, that party is not

entitled to recover costs if the party's federal adjusted gross income was $150,000 or

more in each of the three years prior to the commencement of the action. Current

law also requires hearing examiners and courts in this state to be guided by federal

case law as of November 20, 1985, when interpreting these provisions governing

costs to prevailing parties.

This bill eliminates financial and entity size limitations for prevailing parties

to be eligible to receive costs in administrative agency actions, allowing an award of

costs to any trust or person, other than the state, that is a prevailing party unless

the court finds the agency was substantially justified in taking its position or if such

an award would be unjust under the circumstances. This bill also eliminates the

requirement that hearing examiners and courts rely on federal case law as of

November 20, 1985, when interpreting these provisions governing costs to prevailing

parties.