CopyCited 37 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 251, 2009 Fla. LEXIS 570, 2009 WL 485099
...Dep't of Gen. Servs.,
363 So.2d 810, 812 (Fla. 1st DCA 1978); see also Legal Envtl. Assistance Found., Inc. v. Bd. of County Comm'rs,
642 So.2d 1081, 1083 n. 2 (Fla.1994) ("The Administrative Procedure Act applies to all administrative agencies in Florida."); §
120.50, Fla....
CopyCited 32 times | Published | Florida 1st District Court of Appeal
...Willis,
344 So.2d 580 (Fla. 1st DCA 1977); School Board of Leon County v. Mitchell,
346 So.2d 562 (Fla. 1st DCA 1977); McDonald v. Dept. of Banking & Finance,
346 So.2d 569 (Fla. 1st DCA 1977). Moreover, the Commission is not excluded from the Act's scope under Section
120.50 [2] or otherwise....
...or to the expiration of time for service of the reply brief. NOTES [1] Section
947.165, Florida Statutes (1979); Chapters 19-23, Florida Administrative Code. [2] In fact, during the 1977 regular legislative session, S.B. 547 proposed an amendment to Section
120.50, which would exempt the Parole and Probation Commission from the provisions of the APA when it acts to grant or revoke either paroles or conditional releases....
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 24028, 34 Empl. Prac. Dec. (CCH) 34, 295, 34 Fair Empl. Prac. Cas. (BNA) 727
...y] acted independently and properly in these circumstances."
469 F.2d at 834 . Accord Jenkins v. Louisiana State Bd. of Educ.,
506 F.2d 992, 1003 (5th Cir.1975). Further we note that under the Florida Administrative Procedure Act, Fla.Stat.Ann. Sec.
120.50 et seq., plaintiff had the right to request that the Hearing Officer be disqualified for bias, prejudice, interest, or other causes for which a judge may be recused....
CopyCited 13 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4246, 1976 WL 352271
...e parties, one commissioner dissenting. Order No. 12322. ASI sought review in this Court of the Commission's orders by filing a petition for writ of certiorari here. The parties agree to the general proposition that the administrative procedure act, Section 120.50 et seq., Florida Statutes (1975) applies to proceedings before the Public Service Commission, except where specifically provided otherwise....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 64957
...ts. We conclude that section
120.68(15), Florida Statutes, is fully consonant with the Constitution of Florida; [2] and give the statutory provision effect by dismissing the appeal. Ever since its enactment, the Administrative Procedure Act of 1974, section
120.50 et seq., Florida Statutes, has afforded substantially *1116 affected persons the opportunity to put on evidence in administrative rule challenge proceedings, and so make a record which inevitably facilitates any subsequent judicial rev...
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1484, 1988 Fla. App. LEXIS 2572, 1988 WL 62659
...es within the APA in that they each "prescribe and implement law and policy and apply generally to any producer who seeks source approval." We affirm this conclusion as to the SOP, but reverse as to section 915. Florida Administrative Procedure Act, section 120.50, et seq., Florida Statutes (1987) provides a framework for most administrative agency action....
CopyCited 7 times | Published | District Court, S.D. Florida | 1982 U.S. Dist. LEXIS 15292
...x months of assistance. After the new regulations were published, Florida began proceedings to amend its own regulations to conform with the new federal guidelines, but according to the plaintiff Florida's own Administrative Procedure Act, Fla.Stat. § 120.50 et seq., prevents the State from implementing any new regulations prior to July 1, 1982....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1991 WL 151382
...TESTING INSTRUMENTS IN A CRIMINAL TRIAL? II. DO THE CURRENT METHODS OF HRS' MONTHLY AND YEARLY MAINTENANCE ACCURACY CHECK COMPLY WITH THE REQUIREMENTS OF SECTION
316.1932(1)(f)(1), FLORIDA STATUTES, AND/OR THE FLORIDA ADMINISTRATIVE PROCEDURES ACT, SECTION
120.50, et seq., FLORIDA STATUTES, AND, IF NOT, DOES THIS PRECLUDE THE STATE'S USE OF BREATH TESTING INSTRUMENTS IN A CRIMINAL TRIAL? III....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...which supervised the revision. [26] Art. V, §§ 2(a), 15. [27] Because of our holding that the legislature has excluded state attorneys under section
120.52(1)(b), we need not address GDC's contention that state attorneys are expressly excluded by section
120.50(2)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...But we affirm (on grounds that differ from DOE's) the Department's denial of a concurrent petition for declaratory statement. The Administrative Procedure Act presumptively governs the exercise of all authority statutorily vested in the executive branch of state government. See § 120.50, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...tely objected to that dropping by seeking an order requiring DNR to remain a formal party. We do not regard as significant the fact that their objection does not restate the administrative law defenses. [9] The Florida Administrative Procedures Act, section 120.50-120.73, Florida Statutes (1993), contains a "savings to suitors" provision, which provides: "120.73 Circuit court proceedings; declaratory judgments....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
...r sections 2025(a), 2025(c), and 2025(g) of this title as the Secretary determines to be appropriate____ . The fair hearings required in Section 2020(e)(10) are conducted in Florida pursuant to that state’s Administrative Procedure Act, Fla. Stat. § 120.50 , et seq....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Upon consideration of appellee's motion to relinquish jurisdiction for the limited purpose of permitting appellee to set aside its final order, the appealed order is quashed, and this cause is remanded for further proceedings in compliance with the Administrative Procedure Act; section 120.50 et seq....
CopyCited 3 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 22195, 1992 WL 571043
...eneral approach to the problem is the same. Second, and more important from the standpoint of the Cities and the Farm Interests, the Agreement is not self-executing, but rather is subject to Florida's Administrative Procedures Act ("APA"), Fla.Stat. § 120.50 (1991) et seq., which affords affected parties the opportunity to challenge proposed agency action....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 15659, 2002 WL 31421575
...control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. (Emphasis added.) The term “approved” applies to a standard rule promulgated under the Administrative Procedures Act. See § 120.50, Fla....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2243, 1986 Fla. App. LEXIS 10289
responsibilities for printing the Florida Statutes, as Section 120.-50(1), Florida Statutes, provides that the Act
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4537
...We do not conceive this statutory language to require specific approval of every action taken by an agent. Rather, it exists to insure that supervisory responsibility remains in the executive director as head of the agency. The status of the agents as employees of the Department is not contested. . § 120.50 et seq., Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...Administrative Procedure Act does not apply to quasi-legislative
functions like the interim ratemaking being challenged here. Cf.
§
350.001, Fla. Stat. (“The Florida Public Service Commission has
been and shall continue to be an arm of the legislative branch of
government.”); §
120.50(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
...ittee which supervised the revision. . Art. V, §§ 2(a), 15. . Because of our holding that the legislature has excluded state attorneys under section 120.-52(l)(b), we need not address GDC's contention that state attorneys are expressly excluded by section 120.50(2)....
CopyPublished | Supreme Court of Florida
...ndment. See Chapter 440, Florida Statutes [1973]). Section
440.29(3), Florida Statutes (1975). The Legislature clearly did not intend for Chapter 120 to apply to rule-making workmen's compensation proceedings. The Supreme Court is immune to the APA. Section
120.50, Florida Statutes (1975)....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 11567
...But we affirm (on grounds that differ from DOE’s) the Department’s denial of a concurrent petition for declaratory statement. The Administrative Procedure Act presumptively governs the exercise of all authority statutorily vested in the executive branch of state government. See § 120.50, Fla....
CopyPublished | Florida 1st District Court of Appeal
...before the Division of Administrative Hearings (DOAH) under the
Administrative Procedure Act (APA). *
DOAH is an administrative agency, not a court. See Art. V,
§ 1, Fla. Const. (“No other courts may be established by the state
. . . .”); see also § 120.50, Fla....
CopyPublished | Florida 1st District Court of Appeal
...before the Division of Administrative Hearings (DOAH) under the
Administrative Procedure Act (APA). *
DOAH is an administrative agency, not a court. See Art. V,
§ 1, Fla. Const. (“No other courts may be established by the state
. . . .”); see also § 120.50, Fla....
CopyPublished | Florida 1st District Court of Appeal
...before the Division of Administrative Hearings (DOAH) under the
Administrative Procedure Act (APA). *
DOAH is an administrative agency, not a court. See Art. V,
§ 1, Fla. Const. (“No other courts may be established by the state
. . . .”); see also § 120.50, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 15411
printing the Florida Statutes. Florida Statute §
120.50(1) provides that the Administrative Procedures
