Abstract

HOW THE GLITCH STOLE CHRISTMAS: THE 1997 AMENDMENTS TO THE FLORIDA ADMINISTRATIVE PROCEDURE ACT

STEPHEN T. MAHER

Copyright (c) 1998 Florida State University Law Review

In 1996, the Legislature adopted a major revision to the Florida Administrative Procedure Act (APA). In 1997, the legislature introduced a glitch bill to follow the major 1996 revision of the APA. It also marked the ninth straight legislative session in which significant revisions to the APA were either seriously discussed or adopted.

This Article reviews both the highlights of the glitch bill and the largely unsuccessful clamor for further administrative procedure reform during the past legislative session. In the process, the potential agenda for future legislative efforts will be examined. Part II discusses agency policy as it relates to rule repeals and required rulemaking. Part III examines the technical revisions made to the APA by the 1997 glitch bill. Part IV discusses several proposals that were not adopted in the glitch bill. Finally, Part V concludes by explaining that the Legislature should not tinker with the APA until the effects of current changes can be assessed.

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