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.