The 2023 Florida Statutes (including Special Session C)
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. . . the MTA and unit cost cap methodologies does not constitute an invalid unadopted rule under section 120.52 . . . , modifies, or contravenes the specific provisions of ... the language of the enabling statute." §§ 120.52 . . . Regulation , 580 So.2d 267, 271 (Fla. 1st DCA 1991) ; see also § 120.52(2), Fla. Stat. . . . We, therefore, find that both the existing and proposed rules are invalid under section 120.52(8)(c), . . . As such, the unit cost cap is invalid as it was not adopted through rulemaking. § 120.52(8)(a), Fla. . . .
. . . ." § 120.52(3), Fla. Stat. (2018). . . .
. . . See §§ 120.52(8), 120.536, 1009.971(4)(aa) Fla. Stat. (2018). . . .
. . . State, Dep't of Transp. , 635 So.2d 58, 59 (Fla. 1st DCA 1994) ; §§ 120.52(13)(b); 120.57, Fla. . . .
. . . Section 120.52(13) of the Florida Statutes defines a "party" for the purposes of the APA, and reads in . . . forms of participation in agency proceedings for persons who are not eligible to become parties. §§ 120.52 . . .
. . . See § 120.52(8)(c) & (d), Fla. Stat. . . .
. . . ." §§ 120.52(16), 120.56(4)(a), Fla. Stat. . . . , but hasn't been adopted as a rule under chapter 120, then it is considered an "unadopted rule." § 120.52 . . . "rule" because it is a statement of general applicability that implements and interprets the law. § 120.52 . . . requirement or solicits any information not specifically required by statute or by an existing rule." § 120.52 . . .
. . . . § 120.52(13)(b), Fla. Stat. (2016). . . .
. . . Acad. of Cosmetic Surgery, Inc. , 808 So.2d 243, 256 (Fla. 1st DCA 2002), superseded by statute , § 120.52 . . .
. . . 59C-1.012(2)(a) was an invalid exercise of delegated legislative authority, in violation of section 120.52 . . .
. . . . § 120.52(1)(a) and (6) (defining state agency to include local school districts); Fla. Stat. . . .
. . . amounted to an invalid exercise of delegated legislative authority under various provisions of section 120.52 . . .
. . . ." § 120.52(13)(a), Fla. Stat. (2016) (emphasis added). . . .
. . . .” § 120.52(16), Fla. Stat. (emphasis added). . . . repeal is required to satisfy independently the remainder of the definition of a ‘rule’ in section 120.52 . . .
. . . . § 120.52(13)(b), Fla. Stat. . . .
. . . amendments to rule 62-302.530 were invalid exercises of delegated legislative authority under section 120.52 . . .
. . . was not an “invalid exercise” of the Board’s delegated legislative authority, as defined in section 120.52 . . . delegated legislative authority, or is arbitrary or capricious as those terms are defined by section 120.52 . . .
. . . .” § 120.52(2), Fla. Stat. (2016). . . .
. . . determine when a challenger to agency action meets the “substantial interest” element found in section 120.52 . . .
. . . See § 120.52(13)(b), Fla. Stat. . . .
. . . .” § 120.52(l)(a), (6), Fla. Stat. (2014). . . . Cfi § 120.52(1). . . .
. . . Parole & Probation Comm’n, 289 So.2d 719, 720 (Fla.1974), superseded by section 120.52(10), Fla. . . .
. . . .3d 559, 560 (Fla. 1st DCA 2015) (citing section 310.151(4)(a), Florida Statutes (2014)); see also § 120.52 . . .
. . . that the challenged rule is not an invalid exercise of delegated legislative authority under section 120.52 . . . A rule is invalid under section 120.52(8)(b) if the agency “exceed[s] its grant of rulemaking authority . . . Section 120.536(1) and the flush-left paragraph in section 120.52(8) require a close examination of the . . . UFF does not challenge the ALJ’s ruling that the challenged rule is not invalid under section 120.52( . . . See §§ 120.52(8), 120.536(1), Fla. Stat. . See, e.g., § 1000.02, Fla. Stat. . . . Section 120.52(8) provides: A grant of rulemaking authority is necessary but not sufficient to allow . . . In amending section 120.52(8) in 1999, the legislature specifically rejected the notion that rulemaking . . . Section 120.52(8) provides that “an agency may adopt only rules that implement or interpret the specific . . .
. . . . § 120.52(7), Fla. Stat. (2014). We therefore lack jurisdiction to hear Tejada-Guibert’s appeal. . . .
. . . Section 120.52(8), which in a 1996 statutory rewrite narrowed the administrative power of agencies in . . . the plaintiff-teachers do not claim that the Board has adopted a rule that is invalid under section 120.52 . . . for the constitutionality of a statute is unaffected by the legislatively-adopted change to section 120.52 . . . As revised in 1999, the closing paragraph of section 120.52(8) provides: A grant of rulemaking authority . . . In 1996, the Legislature amended section 120.52(8), defining "invalid exercise of delegated legislative . . . (emphasis supplied) (codified at § 120.52(8), Fla. Stat. (Supp. 1996)). . . . In apparent response to the decision in Consolidated-Tomoka, the Legislature again amended sections 120.52 . . . cabin agency rulemaking authority, the 1999 Legislature amended the "flush left” paragraph of section 120.52 . . .
. . . . § 120.52(20), Fla. Stat. (2014). . . . .” § 120.52(16), Fla. Stat. (2014). . . . .” § 120.52(16), (16)(a). See State Bd. of Admin. v. . . .
. . . .” § 120.52(8)(c), (9), Fla. Stat. . . .
. . . The Second District reversed and found that, pursuant to section 120.52(10)(b), Florida Statutes, the . . .
. . . .” § 120.52(16), Fla. Stat. (2012). . . . “Each agency statement defined as a rule by s. 120.52 shall be adopted by the rulemaking procedure provided . . .
. . . probable cause review” document with the agency clerk as a “final order” in accordance with section 120.52 . . .
. . . .” § 120.52(20), Fla. Stat.; see also § 120.54(l)(a), Fla. Stat. . . . agency statement of general applicability that implements, interprets, or prescribes law or policy.” § 120.52 . . .
. . . . § 120.52(1), Fla. Stat. . . . This distinction is recognized in section 120.52(1), Florida Statutes, (2011), which defines an agency . . .
. . . . § 120.52(8) (“An agency may adopt only rules that implement or interpret the specific powers and duties . . .
. . . Club, Inc., 733 So.2d 594, 599 (Fla. 1st DCA 2000) (recognizing that the 1999 amendments to section 120.52 . . . 1st DCA 1998)); Consolidated-Tomoka, 717 So.2d at 79 (recognizing that the 1996 amendments to section 120.52 . . .
. . . 395.4025 provides an independent basis for standing by “provision of statute” as contemplated by section 120.52 . . .
. . . .” § 120.52(2), Fla. Stat. (2011). . . .
. . . Further, the Department ruled that Partners does not fit within the definition of a ‘party' under Section 120.52 . . . action, an individual or entity must be a “party” as that term is defined, in relevant part, in section 120.52 . . . challenger to agency action meets the “substantial interest” element of sub-paragraph (b) of section 120.52 . . . In this respect, Partners is a “party” as defined in subsection (a) of section 120.52(18), as being a . . . of Agrico, who needed to demonstrate a ‘substantial interest in the proceeding’ pursuant to section 120.52 . . .
. . . alleged that the rule was an invalid exercise of delegated legislative authority pursuant to section 120.52 . . . 40.103 constitutes an invalid exercise of delegated legislative authority in violation of subsection 120.52 . . . Section 120.52(8), Florida Statutes (2012), defines “invalid exercise of delegated legislative authority . . . Section 120.52(2), Florida Statutes (2012), defines “law implemented,” as “the language of the enabling . . . An administrative rule is invalid under section 120.52(8)(d), Florida Statutes, if it forbids or requires . . .
. . . .”); see also § 120.52(8). . . .
. . . . § 120.52(7), Florida Statutes; see also Hill v. . . .
. . . centers in the State of Florida brought a rule challenge pursuant to sections 120.56(1) and (3) and 120.52 . . . The term “invalid exercise of delegated legislative authority” is defined in section 120.52(8), Florida . . . than implementing or interpreting the specific powers and duties conferred by the enabling statute. § 120.52 . . . with the Department of Health’s grant of rulemaking authority” and is therefore invalid under section 120.52 . . . section 395.402(4)(a) & (b), Florida Statutes; thus, the rule, by necessity, complies with section 120.52 . . .
. . . ALJ then concluded as follows: APD 04-007 is a statement meeting the definition of a rule in section 120.52 . . . 120.54(l)(a), Florida Statutes (2009), provides that “each agency statement defined as a rule by s. 120.52 . . . a joint stipulation to the effect that the agency statement met the definition of a rule in section 120.52 . . . which the ALJ properly determined that the agency statement met the definition of a rule in section 120.52 . . .
. . . .” § 120.52(1), Fla. Stat. . . .
. . . Section 120.52(1) defines “agency” to mean the following officers or governmental entities if acting . . . university “when the university is acting pursuant to statutory authority derived from the Legislature.” § 120.52 . . .
. . . See § 120.52(2), Fla. . . .
. . . Stat. (2009); see also § 120.52(16), Fla. . . .
. . . P. 9.020(h); § 120.52(7) Fla. Stat. (2008); Hill v. . . .
. . . . § 120.52(17), Fla. Stat. (2010). . . . ] the procedure or practice requirements of an agency.” § 120.52(16), Fla. Stat. (2010). . . . See §§ 120.54(3)(a)4; 120.52(4), Fla. Stat. (2010). . . . See § 120.52(17), Fla. Stat. (2010). . . . the adoption of less costly alternatives that substantially accomplish the statutory objectives. § 120.52 . . .
. . . Additionally, section 120.52(13)(b) defines “party” as “[a]ny other person who, as a matter of constitutional . . .
. . . See § 120.52(13)(a), Fla. Stat. . . .
. . . Additionally, the so-called “flush left” paragraph at the end of section 120.52(8) provides: A grant . . . In 2008, the Legislature amended section 120.52 to add a definition of “rulemak-ing authority.” . . . There is nothing in the language of section 120.52(17) or its legislative history suggesting an intent . . . The use of the word “explicitly” in section 120.52(17) is consistent with the settled principle that . . . Absent such, we conclude that the definition of “rule-making authority” in section 120.52(17) was merely . . .
. . . .” § 120.52(16), Fla. Stat. (2008). . . .
. . . . § 120.52(13), Fla. Stat. (2008). . . .
. . . ANALYSIS The legislature defines an administrative rule at section 120.52(16), Florida Statutes: “Rule . . . Section 120.52(16), Florida Statutes, states that a rule “includes any form which imposes any requirement . . .
. . . found Interrogatory l.d. enlarged the specific provisions of law implemented as contemplated by section 120.52 . . .
. . . See § 120.52(7), Fla. Stat. (2009); Bank of Port St. Joe v. . . .
. . . The Second District reversed, finding that, pursuant to section 120.52(10)(b), Florida Statutes, the . . . specifically named party whose substantial interests were determined in the proceeding pursuant to sections 120.52 . . .
. . . the Proposed Rules on a number of grounds, including that the rules were invalid pursuant to section 120.52 . . . However, pursuant to section 120.52(8), a rule is invalid if it contravenes the statute which it implements . . .
. . . Under section 120.52(8), Florida Statutes (2007), a rule by an administrative agency may be challenged . . . contravenes the specific provisions of law implemented, citation to which is required by s. 120.54(3)(a)1.” § 120.52 . . . Also, the last paragraph of section 120.52(8) includes general standards for challenging a rule and provides . . . See § 120.52(8), Fla. . . .
. . . Subsection 120.52(8), Florida Statutes (2007), defines “invalid exercise of delegated legislative authority . . .
. . . First, section 120.52(l)(a), which applies to the Governor’s exercise of executive powers other than . . . We, therefore, conclude that Alliance is not an “agency” as defined by section 120.52(1). . . . This conclusion is further supported by subsection 120.52(l)(c)’s reference to “[e]ach other unit of . . . Corp., 448 So.2d 1074, 1082-83 (Fla. 2d DCA 1984) (stating that subsections of 120.52(1) must be read . . . Therefore, we hold that Alliance is not a “board” as that term is used in section 120.52(1)(b)(3). . . .
. . . .” § 120.52(13)(b), Fla. Stat.; see also AmeriSteel Corp. v. Clark, 691 So.2d 473, 477 (Fla.1997). . . .
. . . which [Harden’s] application was reviewed meets the definition of a ‘rule’ set forth at subsection 120.52 . . . procedure did not fall within one of the exceptions to the requirement of rulemaking set forth in section 120.52 . . . important to the public and which [has] no application outside the agency issuing the memorandum.” § 120.52 . . .
. . . . § 120.52(l)(b)3, Fla. . . .
. . . Section 120.52(12)(b) defines a “party” as “[a]ny other person who, as a matter of constitutional right . . . Accordingly, the Authority was properly a “party” under section 120.52(10) and therefore had “standing . . .
. . . Section 120.52(2) defines agency action as “the whole or part of a rule or order, or the equivalent, . . . Section 120.52(7) defines a final order as a written final decision which results from a proceeding under . . . Section 120.52(3) provides, “ ‘Agency head’ means the person or collegial body in a department or other . . .
. . . .” § 120.52(15), Fla. Stat. (2007). . . .
. . . However, rather than being a “party” as the term is defined in section 120.52(12), Norkunas is in fact . . .
. . . However, section 409.175(2)(d) states: “License” means “license” as defined in s. 120.52(9). . . .
. . . Section 120.52(12)(b), Florida Statutes, provides that a party to an administrative proceeding is “any . . .
. . . agree with the ALJ’s determination that this general grant of authority was insufficient under sections 120.52 . . .
. . . Florida SRLY rule is “an invalid exercise of delegated legislative authority” prohibited by section 120.52 . . . Section 120.52(8) tells us that [a] grant of rulemaking authority is necessary but not sufficient to . . . , or contravenes the specific provisions of law [purportedly] implemented” in violation of- section 120.52 . . . statutes and, therefore, “is an invalid exercise of delegated legislative authority” prohibited by section 120.52 . . .
. . . . § 120.52(l)(b), Fla. Stat. . . .
. . . Department of Financial Services had applied an unadopted and unwritten rule, as defined by section 120.52 . . . requirement or solicits any information not specifically required by statute or by an existing rule. § 120.52 . . . Section 120.52(15)(b) states that the term rule does not include: “Legal memoranda or opinions issued . . .
. . . the DEP’s proposed rule was a valid exercise of delegated legislative authority pursuant to sections 120.52 . . .
. . . waiver is not “an agency statement of general policy,” and thus not a “rule” as defined in section 120.52 . . .
. . . Appellant directs our attention to the statutory definition of “agency,” and in particular section 120.52 . . . See § 120.52(1)(c), Fla. . . . 1986), the court considered whether the hospital board was an agency within the definition of section 120.52 . . .
. . . . § 120.52(l)(b)7., (6), Fla. Stat. . . . Under section 120.52, the School Board is an agency to which the APA generally applies. . . .
. . . See § 120.52(12)(b), Fla. Stat. (defining the term “party”); AmeriSteel Corp. v. . . .
. . . once a rule, or an agency statement or form that constitutes a rule under the definition in section 120.52 . . .
. . . Section 120.52(12)(a), Florida Statutes (2003), defines the term “party” in pertinent part as “[sjpecifically . . .
. . . argue the Board’s proposed rule is an invalid exercise of delegated legislative authority under section 120.52 . . . the proposed rule “enlarges, modifies, or contravenes the specific provisions of law implemented.” § 120.52 . . .
. . . discuss why the proposed rule is not an invalid exercise of delegated legislative authority under section 120.52 . . . that neither section constitutes an invalid exercise of delegated legislative authority under section 120.52 . . . legislative authority when it enlarges, modifies, or contravenes the specific provision of law implemented. § 120.52 . . . “Under section 120.52(8)(c), the test is whether a (proposed) rule gives effect to a ‘specific law to . . . rule implements or interprets ‘specific powers and duties.’ ” Day Cruise, 794 So.2d at 704 (citing § 120.52 . . .
. . . Section 120.52, Florida Statutes (2005), sets forth in part: (12) “Party” means: (a) Specifically named . . .
. . . Section 120.52(15), Florida Statutes (2004), defined a rule as an agency statement of general applicability . . . repeal is required to satisfy independently the remainder of the definition of a ‘rule’ ” in section 120.52 . . .
. . . several of their proposed rules invalid exercises of delegated legislative authority pursuant to section 120.52 . . .
. . . . § 120.52(15), or an order, § 120.52(7). . . .
. . . See § 120.52(8)(c), Fla. . . .
. . . found, among other things, (1) that Florida Administrative Code Rule 61D-11.027(l)(a) violated section 120.52 . . . rulemaking authority, modified the specific law implemented, and was arbitrary, thus violating sections 120.52 . . . ), (c), and (e), Florida Statutes, and (3) that rules 61D-11.027(l)(e) and (2)(b) violated sections 120.52 . . .
. . . 1st DCA 2002), addressed the meaning of the term “competent substantial evidence” as used in section 120.52 . . . In the year following the publication of Cosmetic Surgery, the Legislature amended section 120.52(8) . . .
. . . institutionalized spouse, and because the memorandum satisfied the definition of “rule,” as provided in section 120.52 . . .
. . . identified in section 20.13, Florida Statutes (2003), or included within the definitions at section 120.52 . . .
. . . .” §§ 120.52(8)(b)-(c), Fla. Stat. (2004). . . . In addition, under the standard set forth in section 120.52(8), the Department’s arguments as to the . . . specific grant of legislative authority for those provisions under the standard set forth in section 120.52 . . . The current version of section 120.52(8) cited here is identical in all material respects to the version . . . Compare § 120.52(8), Fla. Stat. (2004) with § 120.52(8), Fla. Stat. (2002). . . .
. . . Section 120.52(12)(b), Florida Statutes (2003), defines “party” as “[a]ny other person who, as a matter . . .
. . . . § 120.52(12)(a) and § 120.57(l)(e)l, Fla. Stat. (2003). . . .
. . . adopt a rule only because it is reasonably related to the purpose of the enabling legislation.... ” §§ 120.52 . . . Section 120.52(8), Florida Statutes (2003), lists the circumstances under which a proposed or existing . . . Petitioners have demonstrated the amended rule’s invalidity both under section 120.52(8)(b), and under . . . section 120.52(8)(c), Florida Statutes (2003). . . . Act applies to DCFS, no less than to every other “state department, and each departmental unit.” § 120.52 . . .
. . . Section 120.52(15), Florida Statutes (2003) defines an agency rule, in part, as an “agency statement . . . Each agency statement defined as a rule by s. 120.52 shall be adopted by the rulemaking procedure provided . . .
. . . effect of the statement was the issuance of a non-adopted rule, contrary to the provisions of section 120.52 . . . The agency’s statement can, by no stretch of the imagination, be said to be, as required by section 120.52 . . . (15), “one of general applicability that ... prescribes law or policy.” § 120.52(15), Fla. . . . action can hardly be described as “an agency statement of general applicability,” as defined in section 120.52 . . . Section 120.52(15), Florida Statutes (2002), defines "Rule,” in pertinent part, as follows: [E]ach agency . . . Florida's Administrative Procedure Act regarding the scope of agency rulemaking authority, see sections 120.52 . . .
. . . Section 120.52(8), Florida Statutes (1997), states: (8) “Invalid exercise of delegated legislative authority . . .
