CopyCited 190 times | Published | Florida 1st District Court of Appeal
...to different opinion. Judicial review of the Department's substituted findings of fact is therefore inseparable from review of agency "determinations of ... policy within the agency's exercise of delegated discretion." Section
120.68(7). 2. Sections
120.52(14) and .54 require that agency policy statements of general applicability be adopted as rules and Section
120.57 requires proof of incipient agency policy not expressed in rules and subjects it to countervailing evidence and argument....
...Without objection, the hearing officer conducted the formal proceedings in accordance with the model rules adopted by the Department of Administration. Fla. Admin. Code Rule 28-5.22 et seq. The APA's rulemaking provisions affect the substance of agency policy as well as agency procedures. For the term "rule" is defined by Section 120.52(14) to include "......
...body." In a pedantic sense, the Comptroller's statement is a "rule" and therefore an illicit one because it has the appearance of an *581 "agency statement of general applicability that implements, interprets, or prescribes law or policy ...." Section 120.52(14)....
CopyCited 82 times | Published | Supreme Court of Florida | 15 Educ. L. Rep. 616
...Similarly, Chapter 120, Florida Statutes (1981), the Administrative Procedure Act (APA), which governs the manner in which governmental agencies may take official action, contains no explicit inclusion of universities or institutions of higher learning in its definition of "agency." § 120.52(1), Fla. Stat. (1981). On the other hand "educational unit" is defined to include state universities. § 120.52(6), Fla. Stat. (1981). Significantly, the only use of the term "educational unit" in the APA occurs in expressly excluding preparation and modification of curricula by an educational unit from the definition of "rule." § 120.52(14)(c)(4), Fla....
CopyCited 65 times | Published | Supreme Court of Florida | 16 ERC 1766, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20992, 16 ERC (BNA) 1766, 1981 Fla. LEXIS 2652
...the balance weighed against approval of the proposed development. [8] Estuary argued in the district court that a similar guarantee did exist when the land was purchased. The district court found that contention had no merit.
381 So.2d at 1140. [9] §
120.52(1), Fla....
CopyCited 56 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 21448, 35 Fair Empl. Prac. Cas. (BNA) 264, 34 Empl. Prac. Dec. (CCH) 34, 453
...(2) Any individual claiming to be aggrieved by an alleged unlawful employment practice under this section may file a complaint with said agency, board, commission, department, or state official, and said individual shall be entitled to a hearing and judicial review as provided in chapter 120. 4 . Fla.Stat.Ann. § 120.52(1): As used in this act: (1) "Agency” means: (a) The Governor in the exercise of all executive powers other than those derived from the constitution....
CopyCited 56 times | Published | Florida 3rd District Court of Appeal | 4 Media L. Rep. (BNA) 2102
..., Florida Statutes (1977), of the Government Reorganization Act defines "agency" to include "... an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or another unit or entity of government." Section 120.52(3), Florida Statutes (1977), of the Administrative Procedures Act defines "agency head" as "......
CopyCited 51 times | Published | Florida 2nd District Court of Appeal
...port and Sulphur Terminals' substantial interests [adverse economic impact] were affected; 2) DER's act of forwarding the petitions to DOAH for hearing "allowed" Freeport and Sulphur Terminals to intervene pursuant to the definition of "party" under section 120.52(10)(c); and 3) Florida Administrative Code Rule 17-2.03, the LRACT Rule, [1] entitled Freeport and *481 Sulphur Terminals to participate as parties pursuant to section 120.52(10)(b)....
...not sufficient to confer standing to seek a section
120.57 hearing in a chapter 403 permitting procedure, the LRACT Rule makes competitive economic injury a matter of agency concern and confers standing on Freeport and Sulphur Terminals pursuant to section
120.52(10)(b), Florida Statutes....
...effect on an applicant's competitor. Freeport and Sulphur Terminals cross-appeal the narrow ground on which they were granted standing and contend that they have party status without regard to the provisions of the LRACT Rule. They argue that under section 120.52(10)(b) any person whose "substantial interest" will be affected by a proposed agency action is a "party." As regulated members of the Florida sulphur industry, Freeport and Sulphur Terminals claim standing as parties in any DER proceedings concerning changes in pollution control technology....
CopyCited 50 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 14477, 1997 WL 795306
...NOTES [1] The reference in the text is to the 1996 revision of the Administrative Procedure Act. §
120.81(3)(a) Fla.Stat. (1996). At the time of the order in the present case, this provision was included in the definitions section of the Act in substantially the same language. See §
120.52(12)(d) Fla.Stat....
CopyCited 45 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 3840, 2004 WL 587741
...the committee on appeals. In all such cases, the decision of the board of directors shall be final. MCC and Morris contend that the doctrine of exhaustion of administrative remedies is inapplicable because FHSAA is not a state agency, as defined in section 120.52, Florida Statutes....
...If the Florida High School Athletic Association fails to meet the provisions of this section, the commissioner shall designate a nonprofit organization to govern athletics with the approval of the State Board of Education. The organization is not to be a state agency as defined in s. 120.52....
...[4] We note that the hearing on MCC and Morris's injunction request occurred October 13, 2003. Their second tier appeal, had they pursued it, would have taken place September 28, 2003, some two weeks earlier. [5] Section
1006.20(1) states, "The organization [FHSAA] is not to be a state agency as defined ins.
120.52." [6] Whether such alleged due process violations were substantive or procedural was not specified in the complaint....
CopyCited 45 times | Published | Supreme Court of Florida | 1982 WL 893190
...Such an order shall be considered rendered on the date of the official vote for the purposes of §§ 364.05(4) and
366.06(4). Public Counsel contends that section
366.072 is inapplicable and that the effective date of the new rates is prescribed solely by section
120.52(9), Florida Statutes (1979), which defines a "final order" with reference to the time the written order is filed. Section
120.52(9) provides, in pertinent part: "Order" means a final agency decision which does not have the effect of a rule......
...(A)n agency decision shall be final when reduced to writing and filed with the person designated by the agency as clerk. We cannot agree with Public Counsel's contention. The Administrative Procedure Act (chapter 120, Florida Statutes) clearly ascribes only two functions to the concept of a final "order" as defined in section
120.52(9). One is that an order may not be judicially reviewed until it satisfies section
120.52(9). §
366.072, Fla. Stat. (Supp. 1980). The other is that the agency's decision may not be enforced under section
120.69 until it is reduced to written form and filed under section
120.52(9). Section
120.52(9) does not deal with the effective date of the order....
CopyCited 37 times | Published | Florida 1st District Court of Appeal
...1976), makes uniform the rulemaking and adjudicative procedures used by the administrative agencies of the state, there was no exemption to DOR from the requirements of the new APA as found in Chapter 120. [4] Consequently, the Department is an agency as defined by Section 120.52(1)(b)....
CopyCited 37 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 251, 2009 Fla. LEXIS 570, 2009 WL 485099
...2 (Fla.1994) ("The Administrative Procedure Act applies to all administrative agencies in Florida."); §
120.50, Fla. Stat. (2005) (indicating that the Legislature and courts are exempt from application of the APA). No one disputes that a school board is an "agency" as that term is defined in the APA. §
120.52(1)(b)3, Fla....
CopyCited 37 times | Published | Florida 1st District Court of Appeal
...NOTES [1] The Department of Health and Rehabilitative Services has charge of registering vital statistics. Section 382.01, Florida Statutes (1979). Unless some subagency of the Department is by rule or statute responsible for final agency action, the Department is the proper party appellee on this appeal. Section 120.52(2); Fla....
...te as that of the husband, unless paternity has been determined otherwise by a court of competent jurisdiction. [3] "Agency action" which is reviewable by a district court of appeal, Section
120.68, includes "a rule or order, or the equivalent... ." Section
120.52(2)....
CopyCited 34 times | Published | Supreme Court of Florida | 38 P.U.R.4th 123, 1980 Fla. LEXIS 4263
...ipated declaration of a new policy with respect to CIAC and AIAC violates administrative due process as articulated in chapter 120, Florida Statutes (1977). Petitioner first argues that the Commission has announced a rule, as that term is defined in section
120.52(14), but that in doing so the Commission failed to follow appropriate procedures for rulemaking as set out in section
120.54....
...Every policy statement an agency relies upon in reaching a decision must be either codified as a rule or expressly stated in an order. A rule is defined as "each agency statement of general applicability that implements, interprets, or prescribes law or policy... ." § 120.52(14), Fla. Stat. (1977). An order is a "final agency decision which does not have the effect of a rule ... ." § 120.52(9), Fla....
CopyCited 32 times | Published | Florida 1st District Court of Appeal
...Our "ultimate task under Section
120.68 is to review `action', not agency judgments,... ." Rice v. Dept. of Health and Rehabilitative Services,
386 So.2d 844, 850 (Fla. 1st DCA 1980). Such action may include "a rule or order, or the equivalent, ... ." Section
120.52(2)(e.s.)....
...t to obtain certain privileges that would be otherwise available to all substantially affected parties at the proceeding where the final action occurred. The Commission argues that an inmate does not have party status to seek an appeal, relying upon Section 120.52(10)(d), which provides: "Prisoners as defined in s....
...An inmate is not denied party status simply because he appears before an agency at a proceeding which is not specifically recognized under Chapter 120 (proceedings established, for example, by Sections
120.54, .56, .565 or .57). This conclusion is made evident by reference to the APA's definition of party. Section
120.52(10)(a), (b) and (c) recognizes three classes of parties: (1) persons whose substantial interests are determined in a proceeding; (2) other persons who are authorized as a matter of constitutional right, provision of statute, or rule to participate in a proceeding as parties, and, finally, (3) still other persons who are permitted by the agency to intervene or participate in a proceeding as parties. Section
120.52(10)'s reference to "proceeding" does not limit or restrict the word to proceedings that are cognizable only under the APA....
...[4] Although not defined by Chapter 120, proceeding is generally defined as a legal action, a particular action at law, or case in litigation. Webster's Third New International Dictionary (1976). Therefore, by reason of the general, unrestricted usage of the word proceeding in Section 120.52(10), we conclude that the legislature intended that a person may be a party to any proceeding or legal action which is recognized by law, including one at which a presumptive parole release date is determined....
...If the notice is not filed with the Commission within the 30-day period, the appeal will be dismissed for lack of jurisdiction. The Commission's order will be final when it is reduced to writing and filed with the person designated as the Commission's clerk. The date of filing should be indicated on the final order, Section 120.52(9), Florida Statutes, and sent to the inmate on the same day it is filed with the clerk of the Commission....
...tically all inmates the right to a presumptive parole release date, see Battis v. Fla. Parole and Probation Com. supra, and has provided that such dates shall be binding absent good cause for exceptional circumstances. [6] The legislative history of Section
120.52(10)(d) supports our conclusion. Prior to Section
120.52(10)(d)'s introduction, the Administrative Commission had, pursuant to Section
120.63(1), temporarily exempted the Department of Corrections from the requirements of Sections
120.57, .54(3)-(6), (16), and .56, as they relate to prisoners....
...120.54(3)-(6) or (16), and s.
120.56, or s.
120.57." The initial scope of H.B. 420 and S.B. 209 was to exclude prisoners from virtually the entire Administrative Procedure Act, thus excusing the Department of Corrections from complying with the APA. Nevertheless, Section
120.52(10)(d), as enacted, retains the inmate's statutory rights to participate in proceedings under
120.54(3)-(6) and
120.56, thereby preserving his rights to (1) seek a determination of the validity of any proposed rule, (2) petition the De...
CopyCited 27 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 379
...sion. It would seem that the ideal method of reviewing the Planning Commission's final action would be by direct appeal to the district court. Regrettably that course of action is not available. The Planning Commission is not an agency as defined by Section 120.52(1)(b) or (c), Florida Statutes....
CopyCited 27 times | Published | Florida 5th District Court of Appeal | 2005 WL 3326617
...It has not demonstrated that the trial court abused its discretion in denying section
57.105 fees. The Fund also argues that it is not sui juris because it is not identified in section 20.13, Florida Statutes (2003), or included within the definitions at section
120.52, Florida Statutes (2003)....
CopyCited 26 times | Published | Florida 1st District Court of Appeal | 38 Fair Empl. Prac. Cas. (BNA) 432
...of Business Regulation,
397 So.2d 696 (Fla. 1st DCA 1981); Anheuser-Busch, Inc. v. Dept. of Business Regulation,
393 So.2d 1177 (Fla. 1st DCA 1980); Rice, supra . The Commission did not err in permitting its Executive Director to achieve named party status by intervention, Section
120.52(10)(b), Fla....
CopyCited 26 times | Published | Florida 1st District Court of Appeal
...r, ruled that a Directive of the Department of Health and Rehabilitative Services (hereafter referred to as HRS) and Guidelines (upon which the directive was based) promulgated by the Department of Administration are rules as that term is defined by § 120.52(14), Fla....
...Also, DOA admitted that its memorandum has never been adopted as a rule nor filed with the Department of State pursuant to said statutes. The final order of the hearing officer from which the petition for review has been filed concluded that the HRS Directive and the DOA Guidelines were rules under § 120.52(14), Fla....
...judicial determination which such officer cannot make under the doctrine of separation of powers. We find it to be a quasi-judicial function authorized by the Constitution and the legislature which provides for full due process and judicial review. § 120.52(14), Fla....
CopyCited 23 times | Published | Florida 1st District Court of Appeal
...final action pertaining to presumptive parole release dates where such appeals had not been determined on the effective date of that legislative act? ERVIN, C.J., and WENTWORTH, J., concur. NOTES [1] Chapter 83-78, Section 1, Laws of Florida, amends Section 120.52(10), Florida Statutes (1982 Supp.), by providing in pertinent part: "Prisoners as defined in s....
CopyCited 23 times | Published | Supreme Court of Florida
...he Governor's constitutional powers. (See Sup.Ct.Libr. file No. 7). The final draft placed before the Legislature retained its reference to the lieutenant governor and "described" powers. The Legislature, however, struck the lieutenant governor from Section 120.52(1)(a) and broadened the exclusion to cover the exercise of executive powers "derived" from the Constitution....
...England, Jr. ------------------------- Arthur J. England, Jr. NOTES [1] The Act was amended in particulars not relevant here by Chapters 75-107 and 75-191, Laws of Florida. [2] The operative provisions of the Act concern only "agencies" as defined in the Act. Section 120.52(1)(a), Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 124, 1986 Fla. LEXIS 1797
...2649,
41 L.Ed.2d 239 (1974). Subsequent to Moore, the legislature enacted chapter 120 (Administrative Procedure Act). Ch. 74-310, Laws of Fla. Section
120.68, Florida Statutes (1981), [2] provides for appeals from final administrative *820 action. Section
120.52(10)(d), Florida Statutes (1981), [3] declared prisoners were not parties for the purposes of obtaining a section
120.54(16) rule-making administrative hearing or a section
120.57 "substantial interest" administrative hearing. We held in Roberson that the
120.52(10) exemptions did not preclude prisoners from being parties for purposes of seeking judicial review of final Florida Parole and Probation Commission action by a section
120.68 appeal. The legislature amended section
120.52(10) in 1983 by adding a sentence: "Prisoners shall not be considered parties in any other proceedings and may not seek judicial review under s....
... (1) A party who is adversely affected by final agency action is entitled to judicial review... . A preliminary procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. [3] The relevant part of § 120.52(10)(d), Fla....
CopyCited 20 times | Published | Supreme Court of Florida | 1999 WL 1018661
...pinions below. First District Caselaw After many years of discussion, the Legislature extensively revised Florida's Administrative Procedure Act (APA) in 1996. See ch. 96-159, Laws of Fla. (1996). One of the APA's most dramatic revisions occurred in section 120.52(8), Florida Statutes (Supp.1996), [3] which provides: A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required....
...The First District then disagreed with the administrative law judge's interpretation that the Legislature intended the words "particular powers and duties" as requiring the enabling statute to "detail" the powers and duties that will be the subject matter of the rule, instead concluding: In our view, the term "particular" in section 120.52(8) restricts rulemaking authority to subjects that are directly within the class of powers and duties identified in the enabling statute....
...If possible, the court must avoid an interpretation that produces an unreasonable consequence. See Wakulla County v. Davis,
395 So.2d 540 (Fla. 1981). A standard based on the precision and detail of an enabling statute would produce endless litigation regarding the sufficiency of the delegated power. Section
120.52(8) provides that a rule can implement, interpret, or make specific, the powers and duties granted by the enabling statute....
...gated to the agency. Consequently, it is more likely that the Legislature used the term `particular' to mean that the powers and duties must be identifiable as powers and duties falling within a class. This interpretation of the term "particular" in section 120.52(8) is also consistent with other statutory provisions within the Administrative Procedure Act....
...On the contrary, the court must interpret an ambiguous statute in the context of other statutes on the same general subject. See Florida Jai Alai, Inc. v. Lake Howell Water & Reclamation District,
274 So.2d 522 (Fla.1973). Here, we adopt the less restrictive of the two possible interpretations of section
120.52(8), because that is necessary to *380 avoid potential conflicts with presumptive rulemaking provisions in the Administrative Procedure Act....
...Section
120.54(1)(a), Florida Statutes (Supp.1996), states that "[r]ulemaking is not a matter of agency discretion." This statute places an affirmative duty on the part of all state agencies to codify their policies in rules adopted in the formal rulemaking process. The term "rule" is defined broadly in section
120.52(15) to include an "agency statement of general applicability." These sections suggest that rulemaking authority is not restricted to those situations in which the enabling statute details the precise subject of a proposed rule....
...nt having an absolutely unique application was permissible. While Professor Dore's treatise provides revealing insight into the original purpose of the declaratory statement provision, on *384 the other hand, respondents correctly note that sections
120.52,
120.54, and
120.565 (Supp.1996) must be read in pari materia. Section
120.52 provides a starting point for the analysis, supplying statutory definitions of the terms of art used in chapter 120. Section
120.52(15) defines an administrative rule as "each agency statement of general applicability that implements, interprets, or prescribes law or policy...." For its part, section
120.54(1)(a) provides that "[r]ulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s.
120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable." As to section
120.565, that statute mandates that: (1) Any substantially affected person may seek a declaratory statement regarding...
...slature will not micro-manage Florida's administrative agencies and that the public's interest is served in encouraging agency responsiveness in the performance of their functions. See Consolidated-Tomoka Land,
717 So.2d at 80 (interpreting sections
120.52(15) and
120.54(1)(a) as "suggest[ing] that rulemaking authority is not restricted to those situations in which the enabling statute details the precise subject of a proposed rule") (emphasis added); Chiles,
711 So.2d at 154-55 (explaining that...
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 14633
...The other alleged violation urged by Petitioners is that Respondent failed to rule on Petitioners' proposed findings of facts. Petitioners argue that Respondent was required to do this by Section 120.59(2). But that section applies to "orders" and Section 120.52(9) defines an order as a final agency decision which does not have the effect of a rule....
CopyCited 19 times | Published | Florida 1st District Court of Appeal
...[6] Thus Gadsden is a party entitled to a Section
120.57 hearing because by agency *347 rule it was a person "entitled to participate in whole or in part in the proceeding, or whose substantial interests will be affected by proposed agency action, and who makes an appearance as a party." Section
120.52(10)(b), Florida Statutes (Supp....
...PA may account for the Department's discomfort with the unintended consequences of its rules, we reaffirm that agencies must honor their own substantive rules until, pursuant to §
120.54, Fla. Stat. (Supp. 1976), they are amended or abrogated. Sec.
120.52(14); Price Wise Buying Group v....
...den.,
183 So.2d 215 (Fla. 1965). [6] An agency may by rule confine party status to those whose participation is assured by the APA and "authorize limited forms of participation in agency proceedings for persons who are not eligible to become parties." Sec.
120.52(10)(c); City of Key West v....
CopyCited 19 times | Published | Supreme Court of Florida
...LEAF members also include FPL customers whose energy service bills are substantially affected by FPL's conservation *987 and efficiency efforts, as well as its selection of capacity supply options. The Commission granted LEAF's petition to intervene, and we find that LEAF was a party to this action. See § 120.52(12)(c), Fla....
...t except where specifically provided otherwise. See ASI, Inc. v. Florida Pub. Serv. Comm'n,
334 So.2d 594 (Fla. 1976); Van Gorp Van Serv., Inc. v. Mayo,
207 So.2d 425 (Fla.1968). Also, "agency action" is defined as the whole or part of an order. See §
120.52(2), Fla.Stat. (1995). This portion of the order became final agency action once the order was reduced to writing and filed with the person designated by the agency as clerk. See §
120.52(11), Fla.Stat....
CopyCited 18 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4506, 1976 WL 352304
...[2] That section specifically confines the right of judicial review to a "party who is adversely affected by final agency action... ." The statutory reference to "party" appears to *970 have been advertent, [3] thereby confining the right of review to a class of persons defined precisely (for purposes of the act) in Section 120.52(10), Florida Statutes (1975)....
...The reporter's final draft statute (dated Mar. 1, 1974) reflected the change. (See Sup.Ct.Libr. file No. 17). The statute as enacted contained virtually the identical provision on judicial review which appeared in the final draft statute. [4] Contrast Section 120.52(11), Fla. Stat. (1975) which defines "person" for purposes of the act. [5] See Section 120.52(10)(b), Fla....
...[16] It is difficult to view the investigative proceeding as anything else. An agency such as the Commission acts through rules in a rule-making proceeding or orders in a proceeding which does not result in a statement of general applicability. See Sections 120.52(2), (9) and (14), Fla....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16910
...The determination of all such matters in the manner provided in this Article shall be a condition precedent to any right to legal action of either party against the other or any matter of dispute arising under this contract. The action required of the Department under clause 8.5 is agency action by an order as defined by Section 120.52(9): "Order" means a final agency decision which does not have the effect of a rule and which is not excepted from the definition of a rule, whether affirmative, negative, injunctive, or declaratory in form....
CopyCited 18 times | Published | Supreme Court of Florida
..."to close the gap between what the agency and its staff know about the agency's law and policy and what an outsider can know." McDonald v. Department of Banking and Fin.,
346 So.2d 569, 580 (Fla. 1st DCA 1977) (quoting Professor Kenneth Davis). See §
120.52(14), Fla....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 1407, 1997 WL 75520
..."[T]he final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated." §
120.569(2)(j), Fla. Stat. (Supp.1996). An agency has not rendered a final order until it is "filed with the agency clerk." §
120.52(7), Fla....
...Rendition is similarly defined by Florida Rule of Appellate Procedure 9.020(h). See Franchi v. Florida Dep't of Commerce, Div. of Employment Sec., Bd. of Review,
375 So.2d 1154 (Fla. 4th DCA 1979). "The clerk shall indicate the date of filing on the order." §
120.52(7), Fla. Stat. (Supp. 1996). Final agency action may take the form of an order whether "affirmative, negative, injunctive, or declaratory" in tenor. §
120.52(7), Fla....
...As recently revised, the Administrative Procedure Act defines a final order *1378 as "a written final decision which results from a proceeding under s.
120.56, s.
120.565, s.
120.569, s.
120.57, s.
120.573, or s.
120.574 which is not a rule, and which is not excepted from the definition of a rule." §
120.52(7), Fla....
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...onstituted an illegal delegation of legislative power. Pembroke and Village, as petitioners, and the DCA, as respondent, successfully sought to intervene. The petitioners asserted that the sanctions policies constituted rules under the definition of section
120.52(16), and that the policies and section
163.3184(11) were invalid delegations of legislative authority....
...The sanctions policies adopted by the Administration Commission on October 24, 1989, are or were intended to be generally applicable and impose requirements not specifically required by statute or by an existing rule and, therefore, constitute rules as defined in Sec. 120.52(16), Fla....
...ly-affected persons are not given a full opportunity to challenge the application of the policies pursuant to Sec.
120.57, Fla. Stat. III. The "noncompliance policy" constitutes an invalid exercise of delegated legislative authority pursuant to Sec.
120.52(8)(C), Fla....
...overnment has failed to complete remedial actions specified by the Administration Commission pursuant to Sec.
163.3184(11), Fla. Stat. IV. The "noncompliance policy" constitutes an invalid exercise of delegated legislative authority pursuant to Sec.
120.52(8)(C), Fla....
...163.3184 by infringing upon a municipality's exercise of its statutory rights to a hearing before a hearing officer and the Administration Commission. V. The "non-submission policy" constitutes an invalid exercise of delegated legislative authority pursuant to Sec. 120.52(8)(C, Fla....
...Stat., which states that a municipality or county that fails to submit its plan and is late "... by more than 90 days shall be subject to sanctions." VI. The "sanctions policies" constitute an invalid exercise of delegated legislative authority pursuant to Sec. 120.52(8)(C), Fla....
...s. In the first point addressed to rule challenge, appellants argue that the "sanctions *406 policy" adopted by the Administration Commission on October 24, 1989 constitutes rules which must be adopted in accordance with section
120.54. We disagree. Section
120.52(16) provides in pertinent part: "Rule" means any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule ... The seminal case interpreting section
120.52(16), and addressing at what point an agency policy statement constitutes a rule which must be duly promulgated as such by the agency, is McDonald v....
...the agency's choice, through the adjudication of individual cases. Rabren v. Dept. of Professional Regulation ; Florida Public Service Commission v. Central Corp . The sanctions policy fits the definition of incipient or evolving policy, and not the section 120.52(16) definition of a rule. With regard to the provisions of section 120.52(16), the policy isn't one of "general applicability" as it applies only to municipalities who are late or not in compliance in submitting their comprehensive plans....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal
...Appellant represents a group known as Concerned Citizens, South Lakeland, who are adversely affected because the new attendance lines will require their children to attend a different school. By definition, the action of the school board in adopting the attendance plan constituted the making of a rule. Section 120.52(14), Florida Statutes (Supp....
CopyCited 16 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419
...Wynn,
650 So.2d 182 (Fla. 1st DCA 1995). However, we note that section
163.3184 only expressly prescribes administrative proceedings to review decisions of the Department. See §
163.3184(9)(a), (10)(a), Fla. Stat. (1989). The Department is an agency as defined in section
120.52, Florida Statutes (1995), and its actions as an agency are subject to the Administrative Procedure Act. However, a county's actions are only subject to the Administrative Procedure Act to the extent the county is expressly made subject to the Act. See §
120.52(1)(c), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...[2] If petitioners, under the circumstances outlined, are entitled to an evidentiary hearing on the merits of their petitions pursuant to Section
120.57(1), then we must necessarily hold that the District School Board is an agency which is subject to the operation of the Administrative Procedure Act. Section
120.52(1)(c) states in part: "(1) `Agency' means: * * * * * * (c) Each other unit of government in the state, including counties and municipalities to the extent they are expressly made subject to this act by general or special law or existing judicial decisions." Since a local school district is not defined under Section
120.52(1)(c) as an agency, it is essential to look elsewhere to determine whether it is subject to the operation of the Act....
...by not warning them that their teaching performance was deemed deficient. These charges, if true, would constitute a violation by the Board of the statutory requirement that policy be adopted into rules and that the rules be published. Cf. Sections
120.52(14) and
120.55 and Straughn v....
...tablished by the superintendent, it was the Board's duty as the responsible agency to "[a]dopt rules of practice setting forth the nature and requirements of all formal and informal procedures, ... ." Section
120.53(b). Moreover a rule is defined by Section
120.52(14) as an "agency statement of general applicability that ......
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1988 WL 19631
...tiffs." 59 Am.Jur.2d, Parties § 30 (1987). The Florida Administrative Procedure Act, chapter 120, contains several provisions defining who has standing to appear as a party and initiate a section
120.57 hearing. [7] The basic definition of party in section
120.52(12) includes three categories of persons....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 23 Wage & Hour Cas. (BNA) 998
...struction of the particular public building. Matthews sought to have seven wage rate determinations, specifically dealing with rates in the City of Tampa, declared invalid rules. The hearing officer found the determinations were rules, as defined by Section 120.52(14), [2] because (1) they directly implemented Section 215.19, and (2) uniformly applied to all contractors in each geographic area where the public work project was located....
...While the examiner found a study conducted for only one week was not in compliance with Section 215.19(2)(a), nevertheless he held the agency's practice in carrying out the survey was not an agency statement of general applicability as contemplated by Section 120.52(14) and was not proscribed as an unpublished rule. We agree with the hearing officer. While Section 120.52(14) defines rule in part as an amendment or repeal of a rule, the testimony given by the administrator of the labor and wage section, as to the agency's inconsistent policy, does not meet the primary requirement of Section 120.52(14) that such deviation be a statement of general applicability....
CopyCited 15 times | Published | Florida 1st District Court of Appeal
...1st DCA 1977); Hill v. School Board of Leon County,
351 So.2d 732 (Fla. 1st DCA 1977), cert. denied,
359 So.2d 1215 (Fla. 1978). Our academic endeavors in attempting to label the action either rule or nonrule to determine whether or not it fell within section
120.52(14)'s definition of a rule have now been largely discarded....
CopyCited 15 times | Published | Florida 1st District Court of Appeal
...ontrol Land and Water Adjudicatory proceedings. Therefore, we find that section
380.07(2) has been neither expressly nor impliedly repealed. Alternatively, appellant argues that the Land and Water Adjudicatory Commission is an "agency" as defined in section
120.52(1) and is therefore subject to the APA; that it has the right to appeal to the Commission, since "all proceedings in which the substantial interests of a party [that] are determined by an agency" are subject to an APA hearing by virtue...
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...o the extent the Respondent complies with the terms of this Final Order. We affirm the Division's final order, but consider the issues raised by Devonwood and Prime Orlando merit further discussion. The Division, as an "agency" within the purview of Section 120.52(1)(b), Florida Statutes, may act only in accordance with statutory procedure....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 12745, 2009 WL 2602298
...In response, the Agency promulgated Proposed Rules 65G-4.0021, 65G-4.0022, 65G-4.0023, 65G-4.0024, and 65G-4.0025 (the Proposed Rules). Appellants subsequently challenged the Proposed Rules on a number of grounds, including that the rules were invalid pursuant to section 120.52(8)(c), Florida Statutes, which states that a rule is an invalid delegation of legislative authority if it "enlarges, modifies, or contravenes the specific provisions of law implemented." Following a hearing, the administrative law judge (ALJ) determined the rules were valid....
...erapy; or (ii) Physical Therapy; or (iii) Speech Therapy; or (iv) Respiratory Therapy. The ALJ determined that Proposed Rule 65G-4.0024 was valid because the Agency sufficiently justified the age restrictions imposed for Tier 3. However, pursuant to section 120.52(8), a rule is invalid if it contravenes the statute which it implements, regardless of whether the Agency was justified in contravening the statute....
CopyCited 13 times | Published | Supreme Court of Florida
...His grievance with the procedure concerned the use by the Commission of allegedly false information in establishing his release date. The Third District refused to hear the appeal, predicating its action on the argument that prisoners are excluded from appealing under section
120.68, because of the language in section
120.52(10)(d), Florida Statutes (1981)....
...The petition for writ of prohibition sought by the Commission is brought to this Court to halt implementation of the First District's decision in Daniels. The Commission in its petition propounds the argument of the Third District found persuasive in Roberson. The substance of this is that because the legislature passed section
120.52(10) [4] prohibiting prisoners from being parties to proceedings under section
120.54(16) or
120.57, [5] the legislature intended to preclude all prisoner actions from the purview of any part of chapter 120....
...[9] This was a temporary exemption and the department then sought legislative changes. This resulted in adding to the statute the language now relied on by the Commission. [10] *920 This Court's examination of the documents and materials in the archives supports the conclusion that section
120.52(10) does nothing more than what it says that it does: Prisoners cannot be parties to proceedings pursuant to section
120.54(16) and section
120.57....
...In Roberson, the Third District correctly held that Roberson, a state prisoner claiming error in the determination of his presumptive parole release date, could not maintain an administrative appeal to the district from that determination, pursuant to section
120.68, Florida Statutes (1979). Section
120.52(10)(d) expressly provides that prisoners defined by section
944.02(5) are not parties for purposes of proceedings under section
120.57....
...arty entitled to judicial review of the final action. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. [3] The pertinent part of section 120.52(10) reads as follows: Prisoners as defined in s....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 6494, 1996 WL 339095
...denied,
359 So.2d 1210 (Fla.1978). Agency rules are required to be promulgated in accordance with the section
120.54, Florida Statutes (1987). See Department of Natural Resources v. Wingfield Dev. Co.,
581 So.2d 193, 196 (Fla. 1st DCA 1991). A rule is defined in section
120.52(16), Florida Statutes (1987), as a "statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency and includes any form which...
...Stevens,
344 So.2d 290, 296 (Fla. 1st DCA 1977). A review of the effect of the tax assessment procedure in the instant case reveals that the procedure is a rule in that it is a "statement of general applicability that implements, interprets, or prescribes law or policy." §
120.52(16), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1998 WL 422566
...that most of them were invalid as a matter of law. The major theme of the final order is that the rules are an invalid exercise of legislative authority because they are not within "particular powers and duties" granted by the enabling statute. See § 120.52(8) Fla. Stat. (Supp.1996). Specifically, the judge held that rule 40C-41.023 defining the Spruce Creek and Tomoka River Hydrologic Basins and rules 40C-41.063(6)(a)-(d) containing the four new standards within the basins were invalid as a violation of section 120.52(8)(b) because they exceed the agency's grant of rulemaking authority. As additional authority, the judge stated that the recharge standard and the riparian habitat protection zone were invalid as a violation of section 120.52(8)(c) because they enlarge, modify or contravene the law implemented....
...It follows that a state administrative agency has no authority to adopt rules apart from the authority delegated to it by the Legislature. This precept is incorporated in section
120.54(1)(e), Florida Statutes (Supp.1996), which states in material part that "[n]o agency has inherent rulemaking authority." Section
120.52(8), Florida Statutes (Supp....
...pertaining to rules that exceed the grant of rulemaking authority and subsection (c) relating to rules that enlarge, modify, or contravene the specific provision of the law implemented. Following the seven enumerated grounds for challenging a rule, section 120.52(8) provides a set of general standards to be used in determining the validity of a rule in all cases....
...the district. The department or the governing board may delineate areas within the district wherein permits may be required. Whether this statute delegates the proper authority to adopt the proposed rules at issue here depends on the extent to which section 120.52(8) restricts an agency's rulemaking authority in general. To answer this question we look first to the parts of section 120.52(8) that are clear and unambiguous....
...If the language is clear and unambiguous, the court must apply the statute as it was written and may not employ extrinsic aides to statutory construction. See Rhodes v. State,
704 So.2d 1080 (Fla. 1st DCA 1997). The conclusions most easily drawn from the language of section
120.52(8) are those found in the statements about what is not a valid legal basis for the adoption of a rule. Section
120.52(8) provides that "[a] grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule" and then explains that "a specific law to be implemented is also required." This part of the statute plainly prohib...
...ts to be based entirely on a general grant of rulemaking authority. A grant of rulemaking authority is necessary, but not alone sufficient to support the rule. The agency must also show that its rule implements a specific statute. In a similar vein, section 120.52(8) provides that an agency shall not have authority to adopt a rule implementing "statutory provisions setting forth general legislative intent or policy." Here again, the Legislature has described a circumstance in which an agency is not authorized to adopt rules....
...A rule is not a valid exercise of delegated legislative authority merely because it is founded on an expression of legislative intent or policy. This provision is clear on its face and it is consistent with the requirement that a rule must implement a specific statute. Another clear directive in section 120.52(8) is expressed in the statement that "[n]o agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious." Of course, an administrative rule must not be arbitrary or capricious, as one of these deficiencies alone would be a ground to invalidate the rule under the plain language of section 120.52(8)(e), Florida Statutes (Supp.1996)....
...Exam'rs v. Durrani,
455 So.2d 515 (Fla. 1st DCA 1984); Agrico Chem. Co. v. State, Dept. of Envtl. Regulation,
365 So.2d 759 (Fla. 1st DCA 1978); Florida Beverage Corp., Inc. v. Wynne,
306 So.2d 200 (Fla. 1st DCA 1975). It is clear from the language of section
120.52(8) that the Legislature intended to overrule these decisions to the extent that they established the test to determine the validity of a rule. Because rulemaking is a legislative function, the Legislature had authority to replace a judicially created test to determine the validity of a rule. With the advent of section
120.52(8), an administrative agency can no longer justify a rule on the ground that it is reasonably related to the enabling statute....
...merely because the agency can show that it is somehow relevant to the objectives stated in the law. This brings us to a more difficult task; that is, to identify and define the kind of delegation that is sufficient to support a rule. On this point, section 120.52(8) is not as clear....
...ties granted by the enabling statute." Courts may interpret the terms used in a statute according to their ordinary dictionary definitions, see WFTV, Inc. v. Wilken,
675 So.2d 674 (Fla. 4th DCA 1996), but the phrase "particular powers and duties" in section
120.52(8), could have more than one meaning....
...ng to, or concerned with details gave us a very particular account of the trip$...." Merriam-Webster's Collegiate Dictionary, 847 (10th Ed.1996). Which of these meanings the Legislature ascribed to the term "particular" is not clear from the text of section
120.52(8) alone. If the language used in a statute is ambiguous, the courts may resort to the principles of statutory construction to determine the legislative intent. See Holly v. Auld,
450 So.2d 217 (Fla.1984). In the present case, the language of section
120.52(8) could refer to one of two different kinds of restrictions on an agency's rulemaking power....
...ng statute] is merely a general, nonspecific description of the agency's duties." The judge stated that under the present law, "a rule must implement statutes which describe more specific programs." We disagree. In our view, the term "particular" in section 120.52(8) restricts rulemaking authority to subjects that are directly within the class of powers and duties identified in the enabling statute....
...If possible, the court must avoid an interpretation that produces an unreasonable consequence. See *80 Wakulla County v. Davis,
395 So.2d 540 (Fla.1981). A standard based on the precision and detail of an enabling statute would produce endless litigation regarding the sufficiency of the delegated power. Section
120.52(8) provides that a rule can implement, interpret, or make specific, the powers and duties granted by the enabling statute....
...gated to the agency. Consequently, it is more likely that the Legislature used the term "particular" to mean that the powers and duties must be identifiable as powers and duties falling within a class. This interpretation of the term "particular" in section 120.52(8) is also consistent with other statutory provisions within the Administrative Procedure Act....
...On the contrary, the court must interpret an ambiguous statute in the context of other statutes on the same general subject. See Florida Jai Alai, Inc. v. Lake Howell Water & Reclamation District,
274 So.2d 522 (Fla.1973). Here, we adopt the less restrictive of the two possible interpretations of section
120.52(8), because that is necessary to avoid potential conflicts with presumptive rulemaking provisions in the Administrative Procedure Act....
...Section
120.54(1)(a), Florida Statutes (Supp.1996), states that "[r]ulemaking is not a matter of agency discretion." This statute places an affirmative duty on the part of all state agencies to codify their policies in rules adopted in the formal rulemaking process. The term "rule" is defined broadly in section
120.52(15) to include an "agency statement of general applicability." These sections suggest that rulemaking authority is not restricted to those situations in which the enabling statute details the precise subject of a proposed rule....
...abling statute. Otherwise, an administrative agency might find itself caught between conflicting demands in the Administrative Procedure Act. If the lack of detail in the enabling statute could be said to prohibit an agency from adopting rules under section 120.52(8), the agency might not be able to carry out the very task the Legislature assigned to it....
...At the same time, the agency would be directed by section
120.54 to adopt rules to codify its policies. Hence, the Legislature could not have meant to condition rulemaking authority on the existence of a statute describing in detail the subject of each potential rule. When sections
120.52(8) and
120.54(1) are considered together, it appears more likely that the Legislature meant to limit rulemaking by channeling necessary legislative power within identifiable classifications within the enabling statute....
...thority within a precise range. These decisions are ultimately within the province of the Legislature. Although these principles apply in all cases, the analysis of a given case also depends on the specific statutory ground for challenging the rule. Section 120.52(8)(b) provides that a rule is invalid if "[t]he agency has exceeded its grant of rulemaking authority." Additionally, section 120.52(8)(c) provides that a rule is invalid if it "enlarges, modifies, or contravenes the specific provisions of law implemented." These subsections address two different problems: the former pertains to the adequacy of the grant of rulemaki...
...We also note that some of the other grounds for invalidating a rule have little to do with the delegation of legislative power. For example, the extent of the agency's rulemaking authority is not likely to be an issue at all if the rule is challenged under section 120.52(8)(a) on the ground that the "agency has materially failed to follow the applicable rulemaking procedures." Based on these principles, we conclude that the District had authority to adopt all of the proposed rules at issue....
...will comply with the provisions of this part ... [and] will not be harmful to the water resources of the district." This statute defines the class of appropriate subjects for rulemaking, and all four of the proposed standards fall within the class. Section 120.52(8) does not require the Legislature to refer to specific topics such as runoff, recharge, and floodplain requirements in the enabling statute....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2002 WL 83679
...y. Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the same statute. § 120.52(8), Fla....
...all constituted invalid exercises of delegated legislative authority. He concluded that the transfer agreement provision of rule 64B8-9.009(4)(b) was an invalid exercise of delegated legislative authority because it (1) exceeded the Board's grant of rulemaking authority, in violation of section 120.52(8)(b); (2) enlarged, modified, and contravened the specific provisions of law implemented, in violation of section 120.52(8)(c); (3) failed to establish adequate standards for agency decisions, in violation of section 120.52(8)(d); (4) was arbitrary and capricious, in violation of section 120.52(8)(e); (5) was not supported by competent substantial evidence, in violation of section 120.52(8)(f); and (6) restricted competition, in violation of section 455.517, Florida Statutes (1999)....
...that allows physicians to perform level III office surgeries if they have staff privileges at a licensed hospital within reasonable proximity was an invalid exercise of delegated legislative authority because it (1) exceeded the Board's grant of rulemaking authority, in violation of section 120.52(8)(b); (2) enlarged, modified, and contravened the specific provisions of law implemented, in violation of section 120.52(8)(c); (3) failed to establish adequate standards for agency decisions, in *253 violation of section 120.52(8)(d); (4) was arbitrary and capricious, in violation of section 120.52(8)(e); (5) was not supported by competent substantial evidence, in violation of section 120.52(8)(f); and (6) restricted competition, in violation of section 455.517....
...Finally, he concluded that the portion of proposed rule 64B8-9.009(6)(b)1.a. that requires an anesthesiologist to be present for all level III office surgeries was an invalid exercise of delegated legislative authority because it (1) was arbitrary and capricious, in violation of section
120.52(8)(e); (2) was not supported by competent substantial evidence, in violation of section
120.52(8)(f); (3) imposed unnecessary regulatory costs, in violation of section
120.52(8)(g); and (4) restricted competition, in violation of section 455.517. Appellants dispute all pertinent findings. A. Section
120.52(8)(b) & (c) Section
120.52(8)(b), Florida Statutes (1999), provides that "[a] proposed or existing rule is an invalid exercise of delegated legislative authority if ... [t]he agency has exceeded its grant of rulemaking authority, citation to which is required by s.
120.54(3)(a)1."; and section
120.52(8)(c) provides that "[a] proposed or existing rule is an invalid exercise of delegated legislative authority if ......
...hospital within reasonable proximity. As Save the Manatee makes clear, whether the grant of authority is specific enough is beside the point. Accordingly, we conclude that the ALJ erred when he held that rule 64B8-9.009(4)(b) was invalid pursuant to section 120.52(8)(b) and (c)....
...t the ALJ erred when he held that the portion of proposed rule 64B8-9.009(6)(b)1.a. that allows physicians to perform level III office surgeries if they have staff privileges at a licensed hospital within reasonable proximity was invalid pursuant to section 120.52(8)(b) and (c). B. Section 120.52(8)(d) & (e) Section 120.52(8)(d), Florida Statutes (1999), provides that "[a] proposed or existing rule is an invalid exercise of delegated legislative authority if ... [t]he rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency"; and section 120.52(8)(e) provides that "[a] proposed or existing rule is an invalid exercise of delegated legislative authority if......
...are interpretations of law are subject to a de novo standard. See Southwest Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594, 597 (Fla. 1st DCA 2000). 1. Rule 64B8-9.009(4)(b) The ALJ concluded that rule 64B8-9.009(4)(b) violated section
120.52(8)(d) because it failed to provide guidelines for a hospital's decision to enter into transfer agreements, and section
120.52(8)(e) because hospitals may enter into transfer agreements or not, according to their "sole discretion." We disagree....
...We fail to see how the fact that hospitals may have discretion to enter into transfer agreements makes this rule either "not supported by facts or logic" or irrational. Accordingly, we conclude that the ALJ erred when he held that rule 64B8-9.009(4)(b) violated section 120.52(8)(d) and (e)....
...(Staff Privileges) The ALJ concluded that the portion of proposed rule 64B8-9.009(6)(b)1.a. that allows physicians to perform level III office surgeries if they have staff privileges at a licensed hospital within reasonable proximity "fail[ed] to establish adequate standards for agency decisions" in violation of section 120.52(8)(d) and was "arbitrary" in violation of section 120.52(8)(e) because the determination of who might have staff privileges was left to each hospital's own judgment, and a hospital might exercise its judgment in a manner not related to physician competency....
...Accordingly, we conclude that the ALJ erred when he held that the portion of proposed rule 64B8-9.009(6)(b)1.a. that *256 allows physicians to perform level III office surgeries if they have staff privileges at a licensed hospital within reasonable proximity violated section 120.52(8)(d) and (e)....
...ection, to amend its petition during the hearing in DOAH case numbers 00-951RP and 00-1622RP to allege that the portion of proposed rule 64B8-9.009(6)(b)1.a. that requires an anesthesiologist to be present for all level III office surgeries violated section 120.52(8)(e) because it conflicted with another section of the existing rule requiring patients to be informed of their right to a choice of anesthesia providers....
...Accordingly, we conclude that the ALJ did not abuse his discretion by allowing the amendment. The ALJ concluded that the portion of proposed rule 64B8-9.009(6)(b)1.a. that requires an anesthesiologist to be present for all level III office surgeries violated section 120.52(8)(e) because it conflicted with existing rule 64B8-9.009(2)(b), which requires a surgeon to maintain a record of a patient's written informed consent reflecting the patient's knowledge that "a choice of anesthesia provider exists, i.e...
...enders the provision arbitrary or capricious. Accordingly, we conclude that the ALJ erred when he held that the portion of proposed rule 64B8-9.009(6)(b)1.a. that requires an anesthesiologist to be present for all level III office surgeries violated section 120.52(8)(e). C. Section 120.52(8)(f) Section 120.52(8)(f), Florida Statutes (1999), provides that "[a] proposed or existing rule is an invalid exercise of delegated legislative authority if ......
...that allow physicians to perform level III office surgeries if they have staff privileges at a licensed hospital within reasonable proximity and require an anesthesiologist to be present for all level III office surgeries were all *257 invalid pursuant to section 120.52(8)(f) because they were not supported by competent substantial evidence. The parties disagree as to the intended meaning of the term "competent substantial evidence," as used in section 120.52(8)(f)....
...ting a contrary view. See, e.g., Dunham v. Highlands County Sch. Bd.,
652 So.2d 894, 896 (Fla. 2d DCA 1995); Panama City Hous. Auth. v. Sowby,
587 So.2d 494, 497 (Fla. 1st DCA 1991). Appellants argue that "competent substantial evidence," as used in section
120.52(8)(f), is intended to have this latter meaning (i.e., that it refers to a standard of review), and that, therefore, the ALJ improperly reweighed the evidence and substituted his judgment for that of the Board....
...physician competence. Finally, there was evidence supporting the requirement that an anesthesiologist be present to supervise all level III office surgeries. Accordingly, we conclude that the ALJ erred when he held that the challenged rules violated section 120.52(8)(f). D. Section 120.52(8)(g) Section 120.52(8)(g), Florida Statutes (1999), provides that "[a] proposed or existing rule is an invalid exercise of delegated legislative authority if ......
...ing implemented." Appellants argue that, because nobody submitted such a proposal, section
120.541(1)(c), Florida Statutes (1999), prohibited the ALJ from declaring the proposed rule an invalid exercise of delegated legislative authority pursuant to section
120.52(8)(g)....
...Appellees present no argument to the contrary. We agree with appellants. Accordingly, we conclude that the ALJ erred when he held that the portion of proposed rule 64B8-9.009(6)(b)1.a. that requires an anesthesiologist to be present for all level III office surgeries violated section 120.52(8)(g)....
...term is used in section
120.56, Florida Statutes) may challenge any rule of the Board which violates section 455.517(4) as exceeding the Board's rulemaking authority and, therefore, an invalid exercise of delegated legislative authority pursuant to section
120.52(8)(b)....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...Harvey petitioned the Division of Administrative Hearings (DOAH), pursuant to Section
120.56, Florida Statutes (1975), for a determination that the Division's "minimum training and experience requirements" *325 are invalid because, having the effect of rules as defined in Section
120.52(14), they have not been adopted in rulemaking proceedings under Section
120.54....
...s in which she expressed interest. Fla. Admin. Code Rule 22A-7.02(9). The hearing officer held, and we agree, that the denial of avenues of employment substantially affected Harvey, who therefore has standing to institute rule challenge proceedings. Section 120.52(14), Florida Statutes (Supp....
...ications; and nonrule qualification statements. Whether an agency statement is a rule turns on the effect of the statement, not on the agency's characterization of the statement by some appellation other than "rule." The breadth of the definition in Section 120.52(14) indicates that the legislature intended the term to cover a great variety of agency statements regardless of how the agency designates them....
...agency need not defend its policy in each case. Id. at 583-84; Hill v. School Board of Leon County,
351 So.2d 732 (Fla. 1st DCA 1977). The petitions for review are DENIED. RAWLS, J., concurs. McCORD, C.J., dissents. McCORD, Chief Judge, dissenting. §
120.52, Florida Statutes (1975) the Definitions section of the Administrative Procedure Act defines "rule" as used in that act as follows: "(14) `Rule means each agency statement of general applicability that implements, interprets, or presc...
...I do not believe the legislature intended that job class specifications be treated as individual rules to be adopted with the formality of the statutory rule-making procedures. When we consider the definition of a "rule" as contained in the Definitions section of the Administrative Procedure Act [§ 120.52(14)], quoted supra, in pari materia with the definition of "classification plan" *328 as contained in the Definitions section of the State Career Service System Act [§ 110.042(10)], it seems apparent that the legislature did not intend for...
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 12894, 2001 WL 1098261
...This case asks the question whether an administrative rule the Board of Trustees of the Internal Improvement Trust Fund (Trustees) proposed for adoption would "exceed[ ] its grant of rulemaking authority" or "enlarge[ ], modif[y], or contravene[ ] the specific provisions of law implemented." § 120.52(8)(b) & (c), Fla....
...Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than the particular powers and duties conferred by the same statute. Ch. 96-159, § 3, at 152, Laws of Fla. (codified at § 120.52(8), Fla....
...2d DCA 1998) (applying the 1996 amendments in invalidating rules defining poker because the enabling statute did not specifically authorize them). III. In apparent response to the decision in Consolidated-Tomoka, the Legislature again amended sections
120.52(8) and
120.536(1) in 1999, stating its intent "to clarify the limited authority of agencies to adopt rules in accordance with chapter 96-159, Laws of Florida, and ......
...." Southwest Florida Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594, 599 (Fla. 1st DCA 2000). Implementing this legislative intent to cabin agency rulemaking authority, the *700 1999 Legislature amended the "flush left" paragraph of section
120.52(8) and parallel language in section
120.536(1), by replacing the phrase "particular powers and duties" with the phrase "specific powers and duties," and by expressly rejecting the judicial "class of powers and duties" gloss: A grant of...
...ns of an agency shall be construed to extend no further than implementing or interpreting the specific the particular powers and duties conferred by the same statute. Ch. 99-379, § 2, at 3790, § 3, at 3791, Laws of Fla. (codified respectively at §§
120.52(8),
120.536(1), Fla....
...." Radio Tel. Communications, Inc. v. Southeastern Tel. Co.,
170 So.2d 577, 582 (Fla.1964). IV. In invalidating the proposed rule at Day Cruise's behest, the ALJ decided both that the trustees had exceeded their rulemaking authority, in violation of section
120.52(8)(b), Florida Statutes (1999), and that they had enlarged the specific provisions of law purportedly implemented, in violation of section
120.52(8)(c), Florida Statutes (1999). Although interrelated, two different issues are involved. Our standard of review for each issue is de novo. See §
120.68(7), Fla. Stat. (1999). If correct, either as to section
120.52(8)(b) or as to section
120.52(8)(c), the ALJ's ruling must be affirmed....
..."prohibit the operation or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in `cruises to nowhere.' ..." Ch.2001 316, § 9, Laws of Fla. Under section 120.52(8)(c), the test is whether a (proposed) rule gives effect to a "specific law to be implemented," and whether the (proposed) rule implements or interprets "specific powers and duties." § 120.52(8), Fla....
...activities occurring aboard vessels after they leave sovereignty submerged lands and adjacent waters, the Trustees' proposed rule exceeds the Trustees' rulemaking authority and is an invalid exercise of delegated legislative authority as defined in section 120.52(8)(c). V. Because the proposed rule exceeds limitations on the Trustees' rulemaking authority making it an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b)and because it would not implement specific enabling legislation (or any specific constitutional power or duty) as contemplated by section 120.52(8)(c), the final summary order is affirmed....
...ea). Accordingly, in my judgment, the Legislature, when delegating the power to enact "regulations" in §
253.03(7)(b), did not vest the Trustees with the "specific" power to prohibit Day Cruise's use of sovereignty submerged lands as required under §
120.52(8)....
...However, that is not the case here, and for the Trustees to attempt to prohibit Day Cruise's anchoring over sovereignty submerged lands because such location acts as its place of business is clearly impermissible under §
253.03(7)(b) as restricted by §
120.52(8)....
...In summary, I concluded, just as the ALJ did, the proposed rule is invalid under the dictates of Manatee. If Day Cruise is to be put out of business, the Legislature must do it directly, or amend §
253.03(7)(b) to grant that specific power to the Trustees as required by §
120.52(8)....
...any other watercraft" obviously encompasses the vessels being used for these gambling cruises. A more particular delineation of the vessels subject to anchoring or mooring regulation is not required by the "specific powers and duties" provisions in section 120.52(8). As this court explained in Save The Manatee Club, section 120.52(8) does not necessitate a fully detailed catalogue of the possible agency action, and instead expressly allows an agency to implement or interpret the specific powers and duties granted with a more detailed rule....
...eing appealed. I would reverse this order because the proposed rule is within the scope of the Trustees' specific regulatory power under section
253.03(7)(b). NOTES [1] This language appears not only in an unnumbered paragraph following subparagraph
120.52(8)(g), Florida Statutes (Supp.1996), (known as the "flush left" paragraph), but also at section
120.536(1), Florida Statutes (Supp.1996)....
...The Florida Supreme Court was not considering a rulemaking issue in Florida Dep't of Business and Prof'l Regulation v. Inv. Corp.,
747 So.2d 374, 378-80 (Fla.1999) and did not address the 1999 amendments to the Administrative Procedure Act in the course of obiter dicta there. [5] Section
120.52(8) lists the following circumstances under which a proposed or existing rule is invalid, and specifies that the rule is invalid if any one of the following applies: (a) The agency has materially failed to follow the applicable rulemaki...
...supported by competent substantial evidence; or (g) The rule imposes regulatory costs on the regulated person, county, or city which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives. § 120.52(8), Fla. Stat. (1999). The ALJ properly concluded that the Trustees' proposed rule violated subparagraphs (b) and (c) of section 120.52(8), and thus was invalid....
CopyCited 12 times | Published | Supreme Court of Florida
...BB-493 and BB-494 and from carrying said cases on the docket. It is so ordered. OVERTON, C.J., and BOYD, ENGLAND and SUNDBERG, JJ., concur. NOTES [1] Riley-Field Co. v. Askew (City of North Key Largo Beach v. Askew ),
336 So.2d 383 (Fla. 1st DCA 1976). [2] Section
120.52(2), Fla....
CopyCited 12 times | Published | Supreme Court of Florida
...nt. As to the amount of the bond, the Department itself has developed a `rule of thumb' by which it considers a bond adequate if it is in the amount of estimated tax collections over a three-month period." [3] Chapter 120, Part I, Fla. Stat. (1973); Section 120.52(1)(b), Fla....
...retion to adopt, change and enforce governmental policy. The term "rule" was broadly defined in the new act to reach precisely the form of invisible policy-making which the Department has employed in the course of enforcing this bonding requirement. Section 120.52(14), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16299
...Askew,
324 So.2d 655 (Fla. 1st DCA 1976), the Administration Commission recognized petitioners as parties entitled to participate in the proceedings and did not by rule authorize limited forms of participation for those not eligible to become parties. Section
120.52(10)(c), Florida Statutes (1975)....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...party to participate in, and thereby delay, the determination by the Department as to whether a developer is subject to the additional review and approval procedures specified by Section
380.06, F.S. * * * * * * ... the Department has considered the Section
120.52(10) definition of the term "party" and finds that there is no sufficient substantial interest alleged or shown by your client that will be affected or determined by a decision whether Lake Talquin Estates is or is not a development of regional impact....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1989 WL 153648
...posed capital expenditures in the LOI is an invalid unpromulgated rule. National Health Corp., L.P. v. HRS, 11 FALR 359 (Fla. 1st DCA 1989) (HRS 1989). In National Health Corp., L.P. v. HRS, the hearing officer found that this policy is a "rule", section
120.52(16), Florida Statutes, but that HRS's failure to promulgate this policy as a rule was not fatal to its application in an adjudicatory
120.57 proceeding on a case-by-case basis so long as HRS provided record support for application of the policy in each case....
CopyCited 12 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 255, 2006 Fla. LEXIS 666, 2006 WL 1096679
...We do not defer to an agency's interpretation that attempts "to enlarge, modify, or contravene a statute." Campus Commc'ns, Inc. v. Dep't of Revenue,
473 So.2d 1290, 1296 (Fla.1985) (internal quotation marks omitted). The Administrative Procedure Act, not to mention the separation of powers, prohibits such actions. See §
120.52(8)(c), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...MILLS, Judge, dissenting: I dissent. I would reverse. In my judgment, the School Board's action in discontinuing its prior practice of providing school bus transportation to students who live within two miles of their assigned school was invalid because it was a *734 rule, section 120.52(14), Florida Statutes (1977), which was not promulgated in accordance with the Administrative Procedure Act....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 22077
...TRATIVE ACTION? The action of the City Commission was administrative action; however, neither special nor general law has constituted the City of Miramar an "administrative agency" as contemplated by the Administrative Procedure Act and particularly Section 120.52(1)(c), Florida Statutes (1981)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 4783, 1991 WL 87671
...award of the revised coastal construction line, and all other timing provisions in the letters that would result in the loss of its exempt status. The letters constitute an illicit rule not adopted in the manner required by law. "Rule" is defined in § 120.52(16), Fla....
...rule. The letter, therefore, constitutes a rule within the meaning of the law and all agency rules must be adopted according to the procedures of §
120.54, Fla. Stat., or such rules constitute an invalid exercise of delegated legislative authority. §
120.52(8)(a), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...avention of the statutory requirement of review no less than four times per year. A rule is any agency statement of general applicability that prescribes laws or policy or describes the organization, procedure, or practice requirements of an agency. Section 120.52(15), Florida Statutes....
CopyCited 11 times | Published | Supreme Court of Florida
...arings on each application, and (3) a need to secure additional factual material in light of changed economic conditions since the applications had been filed. [3] Chapter 74-310, Laws of Florida, now appearing as chapter 120, Fla. Stat. (1974). [4] Section 120.52, Fla....
...[14] The record before us indicates that the banks have not consented to apply the new act, as Section
120.72(2) allows. [15] See Section
120.72, Fla. Stat. (1974). It is also clear that judicial review of the rule is governed by the new act and available in the First District Court of Appeal. See Sections
120.68(2),
120.52(2) and
120.54(8), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...not an unavoidable inference from the test result. Further, the agency requires that CSE Policy Clearance 79-6 be followed without discretion by every AFDC office in Florida. CSE Policy Clearance 79-6 has every characteristic of a rule as defined by Section
120.52(14), Florida Statutes, except that of promulgation pursuant to the Administrative Procedure Act, Section
120.54, Florida Statutes....
...The facts in this case, considered in light of the relevant case law, [7] indicate that CSE Policy Clearance 79-6 is indeed an agency statement of general applicability that "implements, interprets, or prescribes law or policy" and that it does not fall under the exception of Section 120.52(14)(a) for internal management memoranda, since it affects the private interests of AFDC recipients as well as procedures important to the public....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1978 WL 391813
...*435 Appellants' remaining point is directed to whether the JEA must comply with the provisions of the Administrative Procedure Act in setting its rate and changes. We hold that it does not. The APA's jurisdiction encompasses certain actions of "agencies" as defined in Section 120.52(1), Florida Statutes, which states: "(1) `Agency' means: "(a) The governor in the exercise of all executive powers other than those derived from the Constitution....
...Further, we have not been cited to a general or special law making a municipality subject to the act. See Sweetwater Utility Corp. v. Hillsborough County,
314 So.2d 194 (Fla.2d DCA 1975), holding that the Board of County Commissioners of Hillsborough County was not an "agency" within the meaning of Section
120.52(1)(c), Florida Statutes (1974 Supp.)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2003 WL 21755058
...Florida Parole & Probation Commission,
485 So.2d 818 (Fla.1986), is highly illustrative of the above rule. There the court was asked to decide whether it retained jurisdiction over an appeal taken from an order that had preceded the effective date of an amendment to section
120.52(10), Florida Statutes (Supp.1982), which denied inmates' standing to participate as parties to certain proceedings, as well as their right to seek administrative review from orders entered in such proceedings....
CopyCited 10 times | Published | District Court, N.D. Florida
...The Fifth Circuit has disagreed and specifically has held in Curtis v. Taylor,
648 F.2d 946 (5th Cir. 1980), that the current FAPA is "plainly inadequate" for *1322 adjudicating the validity of agency rules (which, of course, include policies and practices constituting or having the effect of rules; see Fla.Stat. §
120.52(14) (1979); McDonald v....
...challenge such decisions under Section
120.57, Florida Statutes (Supp. 1980), the plaintiffs in this case do not fall within the definition of "prisoner" and therefore may be parties to a Section
120.57 administrative proceeding. See also Fla. Stat. §
120.52(10) (1979)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2006 WL 3371566
...true. Id. Section
120.569(1), Florida Statutes (2005), provides that the provisions of the section, which pertain to administrative hearings, apply to "all proceedings in which the substantial interests of a party are determined by an agency. . . ." Section
120.52, Florida Statutes (2005), sets forth in part: (12) "Party" means: (a) Specifically named persons whose substantial interests are being determined in the proceeding....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...on the ground that the proposed rule is an invalid exercise of delegated legislative authority." The phrase "invalid exercise of delegated legislative authority," as used in Chapter 120, is now statutorily defined. Chapter 87-385, Section 2, amended Section 120.52 by adding the following subsection defining "invalid exercise of delegated legislative authority" as follows: (8) "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
...Rules are adopted and considered "final agency action" when they are filed with the Department of State, although they are not effective until 20 days after being filed, and as such are subject to judicial review under Section
120.68. See §
120.54(13)(a), Fla. Stat.; §
120.52(2), Fla....
...n, Mother's Lounge, Inc. v. Division of Beverage,
348 So.2d 934, 936 (Fla. 1st DCA 1977) (court held that rulemaking itself constitutes final agency action which an adversely affected party may judicially challenge by a timely petition for review, §§
120.52(2), (14),
120.54,
120.68(1), and, upon the Division's adoption of the proposed rule, petitioners as parties to the rulemaking proceedings would be entitled to judicial remedies under the APA); Postal Colony Co., Inc....
...hallenge before a hearing officer. Rather, in determining the validity of an agency's rule, the hearing officer's standard of review is whether the rule constitutes an invalid exercise of delegated legislative authority, as that phrase is defined in Section 120.52(8), Florida Statutes. See Section 120.52(8) which is reproduced in Part I of this opinion, supra. One of the criteria that a hearing officer may consider in determining the validity of an agency's proposed rule is whether the rule is arbitrary or capricious. § 120.52(8), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 5703, 2000 WL 569908
...Board of Trustees of the Internal Improvement Trust Fund,
595 So.2d 186 (Fla. 1st DCA 1992), which was decided under the "substantial interest" standing test of the Administrative Procedure Act, a wholly different test than that involved here. See §
120.52(12), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...The subject matter of this lawsuit does not fall within any area for which judicial review by the Supreme Court is so provided. Accordingly, the issue raised by the motion turns on whether the Board of County Commissioners of Hillsborough County is *195 an agency within the meaning of § 120.52(1)(c) (1974), which reads: "(c) Each other unit of government in the state, including counties and municipalities to the extent they are expressly made subject to this act by general or special law or existing judicial decisions." One might...
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...rovided in the Florida rules of civil procedure." An administrative determination and declaration of the validity or invalidity of a rule on grounds specified in §
120.56(2) is an "order" as that term is defined in the Administrative Procedure Act, §
120.52(8)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1062, 2009 WL 331660
...Under the statutory language, a hearing is provided pursuant to section
120.569(1) "in all proceedings in which the substantial interests of a party are determined by an agency." Thus the concept of "standing" in an administrative proceeding depends on whether the particular entity at issue qualifies as a "party." Section
120.52(12)(b) defines a "party" as "[a]ny other person who, as a matter of constitutional right, provision of statute, or provision of agency regulation, is entitled to participate in whole or in part in the proceeding, or whose substantial i...
...dverse effects would be sufficiently mitigated. Thus the interests asserted by the Authority fall squarely within the scope and purpose of the interests that chapter 373 is designed to protect. Accordingly, the Authority was properly a "party" under section 120.52(10) and therefore had "standing" in this proceeding, and the ALJ and DEP erred in ultimately finding otherwise....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Comm'n,
473 So.2d 237, 239-40 (Fla. 1st DCA 1985), review denied,
486 So.2d 596 (Fla. 1986); Department of Professional Reg., Bd. of Medical Examiners v. Durrani,
455 So.2d 515, 517 (Fla. 1st DCA 1984). These criteria have since been codified by the 1987 legislature, amending section
120.52 by adding subsection (8) thereto, defining the term "invalid exercise of delegated legislative authority." See Ch. 87-385, § 2, Laws of Fla. See also Staff of Florida, House Committee on Governmental Operations, "Staff Analysis of Proposed Amendments to Chapter 120, F.S. for House Bill 710 and Senate Bill 608" (1987) (Florida State Archives), explaining that Section
120.52(8)(e), Florida Statutes (1987), relating to the term arbitrary or capricious, "codifies the long established principle that administrative rules cannot be arbitrary or capricious, i.e., unsupported by logic, despotic or irrational." In support of this statement the Staff Analysis refers to the Agrico Chemical Co....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...of Health and Rehabilitative Services, Tallahassee, for appellee. ON MOTION TO DISMISS OR QUASH APPEAL McCORD, Judge. By petition for rule determination pursuant to Section
120.56, Florida Statutes, Appellant asserted that there exist two rules within the meaning of Section
120.52(14), Florida Statutes, which have not been duly promulgated as rules pursuant to Section
120.53, Florida Statutes....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Without seeking any further proceedings before FREC, Harris filed petition for review directly with this court. I simply cannot consider this letter, written by an employee of the Commission, which is tantamount to nothing more than a conditional rejection of Harris' request for registration, as final agency action. Section 120.52(3), Florida Statutes (1977), defines agency head as "the person or collegial body in a department or other governmental unit statutorily responsible for final agency action." Ms....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 WL 75657
...To be entitled to a section
120.57 hearing, there must be final agency action affecting the petitioner's substantial interests, coupled with a disputed issue of material fact. General Dev. Utils., Inc. v. Florida Dep't of Envtl. Reg.,
417 So.2d 1068, 1070 (Fla. 1st DCA 1982). Section
120.52(2), Florida Statutes (Supp....
...hearing. DER denied its request on the ground that its decision not to require the air pollution permit was not agency action. This court reversed, concluding that the action regarding the air pollution permit was agency action within the meaning of section 120.52(2)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 64957
...n s.
120.57," sections
120.54(4)(d) and
120.56(5), Florida Statutes (1993), a hearing that resembles a non-jury trial. Grounds for administrative rule challenges, which include failure "to follow the applicable rulemaking procedures," are set out in section
120.52(8), Florida Statutes (1993)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2008 WL 762496
...her the agency erroneously interpreted the law and, if so, whether a correct interpretation compels a particular action. Fla. Hosp. v. Agency for Health Care Admin.,
823 So.2d 844, 847 (Fla. 1st DCA 2002) (citing §
120.68(7)(d), Fla. Stat. (1997)). Section
120.52(12)(b), Florida Statutes, provides that a party to an administrative proceeding is "any person ....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 WL 97041
...led to follow the applicable rulemaking procedures set forth in s.
120.54; The rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s.
120.54(7); or The rule is arbitrary or capricious. §
120.52(8)(a), (c) and (e), F.S....
...of Medical Examiners v. Durrani,
455 So.2d 515 (Fla. 1st DCA 1984). A slightly different analysis takes place, however, where the jurisdiction of the agency is in question. An agency may not enlarge, modify, or contravene legislative pronouncements. §
120.52(8), F.S....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1484, 1988 Fla. App. LEXIS 2572, 1988 WL 62659
...Florida Administrative Procedure Act, section
120.50, et seq., Florida Statutes (1987) provides a framework for most administrative agency action. [1] The Act contains detailed provisions governing the promulgation of agency rules, section
120.54, Florida Statutes, and in section
120.52(16) defines a "rule" as an: agency statement of general applicability that implements, interprets, or prescribes laws or policy or describes the organization, procedure or practice requirements of an agency and includes any form which...
...other contract. The court in Matthews explained: Matthews sought to have seven wage determinations, specifically dealing with rates in the City of Tampa, declared invalid rules. The hearing officer found the determinations were rules, as defined by Section 120.52(14), because (1) they directly implemented Section 215.19, and (2) uniformly applied to all contractors in each geographic area where the public work project was located....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1999 WL 30362
...It is unclear to me under what authority the supreme court in Mehl ordered further rulemaking. It is my understanding that a court in reviewing rules may find or determine that a rule is an invalid exercise of delegated legislative authority as that is defined in section 120.52(8), Florida Statutes, or may find that adoption of a rule is specifically mandated by the statute....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...he division of labor as to the entitlement of benefits under the Act and (3) actions to collect a penalty owing to the Division. The proceedings in the instant case obviously do not fall within any of the above categories. Similarly, the language of Section
120.52(1)(c), Florida Statutes (1979), excising deputy commissioners from the definition of agency, applies only to "adjudication of workers' compensation claims, ... ." I therefore conclude that a proceeding brought by an employee wrongfully discharged is not one that is barred under Chapter 120 by the proscriptive language of either Section
440.021 or
120.52(1)(c)....
...statute; any combination of the foregoing; or, in the absence of any other specific statutory authority, a fine not to exceed $1,000. To summarize, in my judgment a claimant is not precluded by the exclusionary language of either Section
440.021 or
120.52(1)(c) from requesting an administrative declaratory statement on the question of whether he or she was wrongfully discharged....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 531291
...(1991), the delegated power does not include the denial of a foster parent application based on unwritten rules. The legislature has made it plain that "[r]ulemaking is not a matter of agency discretion. Each agency statement defined as a rule under s.
120.52(16) shall be adopted by the rulemaking procedure provided by s.
120.54 as soon as feasible and practicable." § 120.535(1), Fla. Stat. (1991). See McDonald v. Department of Banking & Fin.,
346 So.2d 569, 580-81 (Fla. 1st DCA 1977) (policy statements of general applicability require rulemaking). Section
120.52(16), Florida Statutes (1991), provides in pertinent part: (16) "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice r...
...rule. The homosexual and unmarried couple policies are of general applicability. By applying those policies and not following the rulemaking procedures prescribed in section
120.54, Florida Statutes (1991), HRS exceeded its delegated authority. See §
120.52(8)(a), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...We agree with the hearing officer's conclusion that the statement is one of general applicability that implements, interprets or prescribes law, policy, procedure or practice requirements of the agency and falls squarely within the definition of a rule as defined by § 120.52(14), Florida Statutes (1977)....
...if it did so, whether it was "within the agency's exercise of delegated discretion." Section
120.68(7). If we find the action met the above conditions, then we should sustain it even though the agency's statement may have all the characteristics of Section
120.52(14)'s definition of rule....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...ED TO SUPPORT THE PROPOSED COASTAL CONSTRUCTION CONTROL LINE. The essence of Island Harbor's argument under this point is that DNR's definition of the term "beach-dune system" amounts to an unpublished rule within the statutory definition of "rule." § 120.52(15), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Public Employees Relations Commission,
353 So.2d 127, 131 (Fla. 1st DCA 1977). VI Finally, we turn to what might be characterized as Mr. Caluwe's peremptory attack on the termination proceedings. He argues that the District's corrective action policy is a "rule" within the meaning of section
120.52(15), Florida Statutes (1983)....
...Stevens,
344 So.2d 290 (Fla. 1st DCA 1977). The District concedes that its Policy was not adopted in compliance with the procedural requirements of section
120.54, but nevertheless argues that the Policy is valid because it falls within the internal memoranda exception of section
120.52(15)(a), [7] or alternatively, because the District has elected to defend the policy on an ad hoc basis in disciplinary proceedings held pursuant to section
120.57, citing Florida Cities Water Co. v. Florida Public Service Commission,
384 So.2d 1280 (Fla. 1980); McDonald v. Department of Banking and Finance,
346 So.2d 569 (Fla. 1st DCA 1977). We find it unnecessary to decide whether the Policy is a "rule" for purposes of section
120.52(15) [8] because even if the District is correct in its assertion that its policy is valid, we would reach the same result on ground that the District's Governing Board erred by upholding the assessment of 125 points against Mr....
...In our view, it would be impermissible to allow the District's unjustified termination action to toll the applicable time periods. Thus, they have expired in Mr. Caluwe's case and, consequently, he is entitled to reinstatement without blemish. [7] Section 120.52(15)(a) provides: (15) "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any agency and includes an...
...The term does not include: (a) Internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum. [8] Even if the Policy is a "rule" for purposes of section
120.52, we would not strike it down as invalid under section
120.54 because we believe that the District is entitled to defend the Policy on an ad hoc basis in section
120.57 hearings. See Barker v. Board of Medical Examiners,
428 So.2d 720 (Fla. 1st DCA 1983). Also, we need not decide whether the Policy qualifies as an internal management memoranda exception under section
120.52(15)(a), Florida Statutes (1983), so as to be excluded from the definition of a rule....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1322, 1989 Fla. App. LEXIS 3039, 1989 WL 55966
...Florida Parole and Probation Commission,
289 So.2d 719 (Fla.), cert. denied,
417 U.S. 935,
94 S.Ct. 2649,
41 L.Ed.2d 239 (1974). With the enactment of the Administrative Procedure Act, Chapter 120, the legislature in
120.68 provided for appeals of final administrative action to the district courts. Section
120.52(10)(d), Florida Statutes (1981) exempted prisoners as parties for purposes of obtaining rule making administrative hearings section
120.54(16) or "substantial interest" administrative hearings section
120.57....
...Florida Parole and Probation Commission,
444 So.2d 917 (Fla. 1983), the act was interpreted as not precluding prisoners from seeking judicial review of final Florida Parole and Probation Commission action, pursuant to
120.68. In 1983, the legislature amended section
120.52(10) to read: "Prisoners shall not be considered parties in any other proceedings and may not seek judicial review under s....
...t be used to "obtain appellate review of an order that is only reviewable, if at all, by direct appeal." In other words, since the legislature has specifically abolished a prisoner's right to appeal a PPRD in the district courts of appeal in chapter 120.52(10), the petitioner should not be allowed to seek by extraordinary relief what is not available by right of appeal....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19992
...xplained the position of the Board regarding Declaratory Statements 75-01 and 76-02, discussed above. We find that this note was not an agency statement, intended by its own effect to create certain rights. See McDonald, supra,
346 So.2d at 580-581; §
120.52(14), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 2979, 1993 WL 72042
...He filed a notice of appeal seeking review of the Secretary's order of denial. Appellee moves to dismiss arguing that appellant cannot seek review of that order in this court. We agree and dismiss this appeal. We write because of this recurring jurisdictional issue. Section
120.52(12)(d), Florida Statutes, limits the types of proceedings to which a prisoner may be a party and from which prisoners may appeal pursuant to section
120.68. Chapter 92-166, Laws of Florida, has recently amended section
120.52(12)(d) so that section now states in part: Prisoners as defined in s....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20280
...391,
93 Fla. 104. Appellant presents no authority or facts countering the application of this principle and we accordingly affirm. Appellant's second point urges error in the determination that BUGC was not an agency subject to §
120.57(1), Florida Statutes. Section
120.52(1) provides that "agency" means (a) the governor ......
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 327505
...slanting the news." In re CBS Program "Hunger in America", 20 F.C.C.2d 143, 150-51 (1969). This series of FCC opinions has come to be known as the FCC's news distortion policy. Akre argues that the FCC's policy is a rule as defined by section *1234 120.52(15), Florida Statutes (1997), which provides: "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. Even if we agreed with Akre that the FCC's news distortion policy was a "rule" as defined by section 120.52(15), her argument overlooks the fact that the whistleblower's statute specifically limits the definition of "rule" to an "adopted" rule....
...not true under Florida law. The Florida Legislature has limited state agencies' discretion to formulate policy through the adjudicative process by requiring agencies to formally adopt each agency statement that fits the definition of a "rule" under section 120.52....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 355391
...The Second District Court of Appeal noted that a person can attain party status by, among other things, either being a named party, being given a statutory right to participate, or by having *554 its "substantial interests ... affected by the proposed agency action. § 120.52(12), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Association responded, and that appellee named appellant in its order and served appellant a copy of the final order, appellant was effectively "[a]ny other person ... allowed by the agency to intervene or participate in the proceedings as a party." Section 120.52(10), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 12917, 1991 WL 279403
...Petitioner represents to the court (which representation we take as true for purposes of this discussion), however, that the Board has not yet rendered an order by reducing Mitchell's expulsion to writing and filing it with the agency clerk. See Fla. Stat. § 120.52(11) (1989)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...1983); Home Health Professional Services v. Department of Health and Rehabilitative Services,
463 So.2d at 347; and cases cited therein. The third issue in this appeal concerns Baptist's contention that West Florida lacked standing to intervene. Pursuant to section
120.52(10)(b), "[a]ny person ......
CopyCited 6 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 476, 1993 Fla. LEXIS 1450, 1993 WL 347762
...
396 So.2d at 787-88. While the instant case involves a development permit, we find that the statutory framework relating to areas of critical state concern distinguishes this case from J.W.C. Unlike DER, Monroe County is not an agency for purposes of chapter 120. See §
120.52(1)(c), Fla....
...In contrast, in proceedings under section
380.07, a local government has issued a development order. Local governments are not agencies for purposes of the Administrative Procedure Act absent an express provision in general or special law or existing judicial decisions. Id., §
120.52(1)(c); see also Booker Creek Preservation, Inc....
...rson seeking development approval. We do not agree that section
380.05(16) addresses the burden of proof, but instead read the provision as defining the procedure for undertaking development in an area of critical state concern. [5] I recognize that section
120.52(1)(b) makes each "commission, regional planning agency, board, district, and authority" described in chapter 380 (among other chapters) an agency for purposes of chapter 120....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...*100 Steven Seliger and Joyce Davis, Tallahasee, for petitioners. John D. Buchanan, Jr. and James R. English of Henry, Buchanan, Mick & English, Tallahassee, for respondent. ERVIN, Judge. Petitioners contend that respondent Tallahassee Memorial Hospital is an "agency" within the meaning of Section
120.52(1)(c), Florida Statutes (1977), and erroneously denied their request for a Section
120.57 hearing to determine whether they had a right to uncompensated services of the hospital....
...The municipal hospital board of Tallahassee Memorial Hospital was created by special act of the legislature in Chapter 65-2299, Laws of Florida (1965). As part of the municipality, and because no general or special law mandates otherwise, the Board is not an "agency" within the meaning of Section 120.52(1)(c)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...on 17, Florida Constitution (1968), [4] gave him authority to file the civil action for damages and penalties, and section
120.69(1)(a) gave him authority to file the alternative petition for enforcement because a state attorney is "an agency" under section
120.52(1)(b); (2) GDC, a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapter 403, specifically
403.161(1), and its correlative rules and regulations promulgated by DER; (3) GDC's various dredge and fill operations...
...pursuant to section
403.141(1)]," and (2) section
120.69(1)(a) does not authorize a state attorney to bring a petition for enforcement of agency action because a state attorney is not included within the narrow definition of "agency" as set forth in section
120.52(1)(b)....
...on to enforce rules and regulations adopted and promulgated by DER in accordance with the provisions of Part I, Chapter 403. In order to reach his conclusion, he first argues that he is an "agency" within the "[e]ach other state officer" language of section 120.52(1)(b)....
...vided" clause (which is not applicable here), states: "Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit court where the subject matter of the enforcement is located." [21] Section 120.52 provides, inter alia: As used in this act: (1) "Agency" means: *1083 (a) The Governor in the exercise of all executive powers other than those derived from the constitution....
...(Emphasis supplied) (c) Each other unit of government in the state, including counties and municipalities, to the extent they are expressly made subject to this act by general or special law or existing judicial decisions. [22] Accordingly, in order to reach our conclusion, we must first examine section 120.52(1), which defines "agency" for Chapter 120 purposes. Discussion As a starting point, subsection (1)(a) of section 120.52 must be read in pari materia with subsection (1)(b)....
...nt Governor, and does not include every state official that might nominally be called a state officer. [24] Our conclusion is supported by In re Advisory Opinion of the Governor,
334 So.2d 561 (Fla. 1976). In that case, the supreme court interpreted section
120.52(1)(a) and stated that the requirements of Chapter 120, the Administrative Procedures Act (APA), not only do not apply to the clemency powers conferred on the governor by the constitution but also do not apply to the clemency powers of "the members of the cabinet." Id....
...t the time of the decision. Moreover, we believe the Lieutenant Governor is also a part of this class. First, it can be inferred from the supreme court's advisory opinion that the legislature intended for the Lieutenant Governor to be included under section 120.52(1)(b). Id. at 562. Additionally, he too is a statewide executive officer as defined in article IV, section 2 thus the logical use of "state officer" instead of cabinet member in section 120.52(1)(b)....
...nt. Art. IV, Fla. Const. We note that a major commentary on the Florida APA, A. England, Jr. and L.H. Levinson, Florida Administrative Practice Manual (D & S), § 9.03(3), p. 8 (1979 ed.) [25] refers to the other "executive officers" when discussing section 120.52(1)(b)....
...Therefore, we conclude that the "[e]ach other state officer" clause of subsection (1)(b) does not include a state attorney, whose jurisdiction is limited to a localized judicial circuit. [27] Even assuming that appellant had been able to show that he is an "agency" within the meaning of section
120.52(1)(b), he still would not have any authority under section
120.69(1)(a) to institute a petition for enforcement of DER's rules and regulations....
...focus of the provision. Under the broad construction advanced by appellant, every individual law enforcement officer ( e.g., state trooper, parole and probation officer, agricultural and road guard inspectors, etc.) would be deemed an "agency" under section 120.52(1)(b)....
...d as its reporter, and Professor Levinson served as chairman of the Council's administrative law committee 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 | Supreme Court of Florida | 1979 Fla. LEXIS 4724
...Section
120.68(1), Florida Statutes (Supp. 1976), provides in part: "A party who is adversely affected by final agency action is entitled to judicial review." The district school board was a "party" to the proceeding providing administrative review of its dismissal order. See §
120.52(11), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...and hence invalid, because they were not subjected to formal rulemaking under Section
120.54. 1 Fla. Admin.L.Repts. A-12 (1979). In holding that these general orders were not exempt as "internal management memoranda" from the rulemaking requirement, Section
120.52(14)(a), the hearing officer lamented the apparent application of Stevens to this case, saying: The instant case demonstrates how Rule challenges present serious problems to the agencies in establishing and carrying out policies applicable only to agency employees which are not formally promulgated as rules....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...R's decision that no lease was required. Petitioners have failed to show how their "substantial interests" will be "affected" by the DNR's decision that no lease is required. They, therefore, were not entitled to initiate Section
120.57 proceedings. Section
120.52(10); Section
120.57, Florida Statutes (1979)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19752
..., Laws of Florida. This multi-faceted character of the PPC has contributed to the disagreement in this case about whether the PPC is subject to the APA. A person or entity is subject to the APA only if included in the definition of *1308 "agency" in section 120.52(1), which provides in pertinent part as follows: (1) `Agency' means: ........
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...[1] CMC raises two other issues which it claims mandate reversal of HRS's final order below. However, neither has merit. First, CMC contends that the hearing officer erred in finding that the intervenors NCH, LMH, and FMCH had standing to intervene in this cause. CMC notes that Section 120.52(10)(b), Florida Statutes (1981), grants standing in administrative hearings such as conducted below to anyone whose "substantial interests" are affected by the proposed agency action....
...CMC notes that the asserted interests of all *86 of the intervenors are economic. CMC cites Leesburg Regional Medical Center v. Department of Health and Rehabilitative Services, 5 FALR 1583-A (June 15, 1983), for the proposition that economic interests are not within the "zone of interests" protected by Section 120.52(10)(b) and Section 381.494, Florida Statutes (1982)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...trists. Section
120.54(4)(a), Florida Statutes (1983). The hearing officer held, inter alia, that the petitioners, appellees herein, had standing to challenge the rule and policy statement; that the policy statement is a "rule" within the meaning of section
120.52(15), Florida Statutes (1983), but not adopted in accordance with section
120.54, and therefore an invalid exercise of delegated legislative authority; and that the proposed rule is also an invalid exercise of delegated legislative authority....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 1359, 2002 WL 205796
...ction, including its agencies or subdivisions." Similarly, a violation of section
458.331(1)(kk), Florida Statutes (1999), occurs when a physician fails to inform the Board of the action referred to in section
458.331(1)(b), Florida Statutes (1999). Section
120.52(9), Florida Statutes (1999), defines a license as a "franchise, permit, certification, registration, charter, or similar form of authorization required by law, but it does not include a license required primarily for revenue purposes w...
...While it may affect Ocampo's ability to practice medicine because some patients will most likely be forced to go elsewhere, it does not affect his authority. Further, DOH does not dispute that a Medicare provider number is not a license pursuant to section 120.52(9), Florida Statutes (1999)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1997 WL 795701
...mployee misconduct, constitutes a rule that was never adopted in compliance with section
120.54, Florida Statutes (Supp.1996). The Department asserts that the ALJ erred in determining that its six challenged policies constituted rules, as defined in section
120.52(15)(a), Florida Statutes (Supp.1996)....
...entative of a law enforcement officer to speak on the record during the course of an administrative or investigative interview with an officer, or to permit a consultation between an employee and counsel prior to the employee's answer to a question. Section 120.52(15)(a), provides: "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes...
...pliance, or otherwise to have the direct and consistent effect of law." McDonald v. Department of Banking & Fin.,
346 So.2d 569, 581 (Fla. 1st DCA 1977) (emphasis added). We therefore reverse the ALJ's determination that they constituted rules under section
120.52(15). *83 The final three policies, however, do apply uniformly to all law enforcement officers employed by the Department without exception. On their face, they comply with section
120.52(15)'s definition of a rule as agency statements of general applicability that prescribe the Department's procedure or practice requirements pertaining to officers under investigation....
...tion. [1] *84 The dissent's primary focus, as to the last three of the disputed procedures, appears to be that because none of the statements had been reduced to writing before the stipulation was entered, they could not be considered to comply with section 120.52(15)'s definition of rule....
...McCain Sales of Florida, Inc.,
400 So.2d 1301 (Fla. 1st DCA 1981), as authority for his position that the statements at issue should be in writing in order to be rules. We have found no language in McCain stating that an agency's policy, which otherwise complies with section
120.52(15)'s definition of rule, cannot be considered a rule simply because the policy was not reduced to writing....
...Certain opinions from this court during our early experience with Florida's 1974 Administrative Procedure Act may have so indicated. Our academic endeavors in attempting to label the action either rule or nonrule to determine whether or not it fell within section 120.52(14)'s [now renumbered as 120.52(15)] definition of a rule have now been largely discarded....
...order in toto, not merely in part. None of the hitherto virtually unarticulated policies petitioners challenge as unpromulgated rules amounts to an "agency statement of general applicability that implements, interprets, or prescribes law or policy." § 120.52(15), Fla....
...he procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. The term also includes the amendment or repeal of a rule. § 120.52(15), Fla. Stat. (Supp.1996). The order under review should be reversed because none of the policies at issue was enunciated as an "agency statement" intended to have the force and effect of law and falling within the definition set out in section 120.52(15), Florida Statutes (Supp.1996)....
...In the final order under review, the administrative law judge determined that each of six policies which the Florida Highway Patrol usually, if not invariably, follows, in investigating allegations of employee misconduct, "constitutes a rule under provisions of Section 120.52, Florida Statutes (Supp.1996) ......
...Both cases involved judicial challenges that reached the appellate courts on appeal of circuit court judgments. In neither case did jurisdiction of the lower tribunal hinge, therefore, on the precise definition of "rule" set out in the Administrative Procedure Act. § 120.52(15), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...1973], has adopted a policy of limiting greyhound matinees to 50 days, so to limit the occasions for competition between greyhound matinees and thoroughbred roving. We need not decide whether the Board's statement of that policy is a rule within the meaning and application of the Administrative Procedure Act, Sec. 120.52(13), F.S. 1973 (1974 Sup.), and, if so, whether the July 25 order varying that policy was itself a rule. For whether the Board's action on July 25 was the promulgation of a rule or the mere issuance of an order not having effect as a rule [§ 120.52(8), F.S....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Fla. Admin. Com'n v. Dist. Court of Appeal,
351 So.2d 712 (Fla. 1977). However, this review is limited to "[a] party adversely affected by final agency action... ." Sec.
120.68(1), Fla. Stat. (1979). The Administrative Procedure Act defines party in section
120.52(10), Florida Stat....
...Mason to represent the interests of the residents of Orange County in proceedings relating to the Tosohatchee Preserve on January 9, 1981. This authorization may cause Mr. Mason to be a party for future proceedings concerning the Tosohatchee Preserve by reason of the provisions of section 120.52(10)(d), Florida Statutes (1979), but cannot operate to make him a party to the earlier rulemaking proceeding which had resulted in the adoption of the rule on December 4, 1980....
...Since the appellants cannot appeal the commission's action in this case because they were parties to that proceeding and the appellants have adequate administrative remedies, we do not have jurisdiction of this cause. APPEAL DISMISSED. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] Sec. 120.52(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Rule 7EER92-2(18) is an exceedingly broad rule, covering far more acts than the statutes from which the Division attempts to glean its authority. The rule enlarges the provisions of the statutes on which it is based. Thus, the Division exceeded its grant of rule-making authority in the promulgation of rule 7EER92-2(18). See § 120.52(8)(b) (c), Fla....
...them or referring to a standard by which a practice may be judged to be corrupt or fraudulent. See State v. DeLeo,
356 So.2d 306 (Fla. 1978). We hold that, because of its vagueness, the rule is an invalid exercise of delegated legislative authority. §
120.52(8)(d), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 146906
...because no sanction was imposed. If, however, action is defined more broadly so as to include a conclusion of law, then appellant can proceed to show that the conclusion of law produces an adverse effect. Because the definition of "agency action" in section 120.52(2), Florida Statutes (1987), includes "the whole or part of a rule or order," and a conclusion of law is part of an order, it would appear that it is appealable without regard to the recommended disposition (i.e., dismissal of the charges)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2534, 1988 Fla. App. LEXIS 5091, 1988 WL 122622
...Florida Parole and Probation Commission,
289 So.2d 719 (Fla.), cert. den.,
417 U.S. 935,
94 S.Ct. 2649,
41 L.Ed.2d 23 (1974). Then the legislature enacted the Administrative Procedures Act, including section
120.68, Florida Statutes (1981), providing for appeals from final administrative action, and section
120.52(10)(d), declaring that prisoners were not parties for the purpose of some types of administrative hearings....
...Florida Parole and Probation Commission,
444 So.2d 917 (Fla. 1983), these restrictions were held not to preclude prisoners from being parties for purposes of seeking judicial review of final Parole Commission action by a section
120.68 appeal. In 1983, the legislature amended section
120.52(10) to deprive the district courts of jurisdiction under section
120.68 to consider such appeals, Rothermel v....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 100 L.R.R.M. (BNA) 2130
...sion failed to reduce its order to writing, the Commission should be estopped from later denying the res judicata effect of that oral order. On the other hand, PERC contends that an agency decision is not final until it is reduced to writing under F.S. 120.52(9) and that the Commission's oral decision was clearly conditional and ambiguous, and was not an unequivocal ruling duly recorded in the Commission minutes....
...1976)) We are persuaded that the oral decision conditionally approving the local option ordinance cannot be considered as a final order of PERC. It simply was not an unequivocal, unambiguous decision embodied in an official record which would substitute for a written order for the purposes of F.S. 120.52(9) and F.S....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1996 WL 656411
...unbridled discretion in the agency." The parties have asked this court to resolve what they characterize as a question of first impression: whether the repeal of a rule is, in and of itself, subject to challenge through the rulemaking process. While section 120.52(16), Florida Statutes (1993), provides that the term "rule" "includes the amendment or repeal of a rule," there are no reported Florida decisions addressing whether that provision makes the repeal of any rule subject to rulemaking chal...
...Florida Dep't of Labor & Employment Sec.,
413 So.2d 1200 (Fla. 1st DCA 1982) (rule challenge based upon a rule repeal and simultaneous substitution of new proposed rules). To constitute "rulemaking" a rule repeal is required to satisfy independently the remainder of the definition of a "rule" in section
120.52(16): "agency statement of general applicability *591 that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency ..." A repeal that does not have the effect o...
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...nstration of any impact on that particular person's personal interests, rather it is the determination of the substantial interests of a party under section
120.57 that makes the process available. Dore, supra p. 7, at 1063. "Party" is defined under Section
120.52(11), Florida Statutes (1985). [5] Section
120.52(11)(a) establishes specifically named persons whose substantial interests are being determined in the proceeding as one category of parties. Section
120.52(11)(b) establishes two additional categories of parties....
...of Optometry,
532 So.2d 1279 (Fla. 1st DCA 1988); Department of Health & Rehab. Servs. v. Alice P.,
367 So.2d 1045 (Fla. 1st DCA 1979); Florida Dep't of Offender Rehab. v. Jerry,
353 So.2d 1230 (Fla. 1st DCA), cert. denied,
359 So.2d 1215 (Fla. 1978). [5] Section
120.52(11) provides, in part, as follows: "Party" means: (a) Specifically named persons whose substantial interests are being determined in the proceeding....
CopyCited 5 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3860
...602. [5] Ch. 74-197, § 16, Laws of Florida. The present §
440.29(3), Fla. Stat. (1975), reads: "The practice and procedure before the commission and the judges of industrial claims shall be governed by rules adopted by the Supreme Court." [6] See §
120.52(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 6897, 2009 WL 1531786
...nd where there is "a disputed issue of material fact." §
120.569(1), Fla. Stat. (2008). Chapter 120 defines a "party" to include those "whose substantial interests will be affected by proposed agency action, and who makes an appearance as a party." §
120.52(13)(b), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 134745
...4 Am.Jur.2d Appeal and Error § 8, at 538 (1962). In applying the above rule, this court, in Rothermel v. Florida Parole & Probation Comm'n,
441 So.2d 663 (Fla. 1st DCA 1983), dismissed an appeal which had been pending as of the effective date of the 1983 amendment to Section
120.52(10), Florida Statutes, limiting the rights of inmates to judicial review in administrative proceedings....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 126599
...ements of the APA. The central issue is whether the hearing officer erred in determining the moratorium is an invalid "rule" and an invalid exercise of delegated legislative authority by the Board. The Board is an "agency" as that term is defined in section 120.52(1), Florida Statutes (1989)....
...The term does not include: (a) Internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum. *1244 Section 120.52(16)(a), Florida Statutes (1989). Here, the hearing officer construed the Board's moratorium as a rule, and next determined whether the rule constitutes an invalid exercise of delegated legislative authority by the Board. Section 120.52(8), Florida Statutes (1989), states: (8) "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...120.54. On the basis of State Dept. of Administration v. Stevens,
344 So.2d 290 (Fla. 1st DCA 1977), the hearing officer concluded that these procedures were agency statements of general applicability, not falling into any statutory exception under Section
120.52(14), and as such, must be adopted as rules....
...had standing to do so since these procedures were likely to have a continuing impact on determination of their annual salaries. We also agree that this document was not exempt from the rulemaking process as an "internal management memorandum" under Section 120.52(14)(a), which excludes such documents if they "do not affect ......
...tes with little or no room for discretionary modification."
344 So.2d at 296. Compare Dept. of Highway Safety and Motor Vehicles v. Florida Police Benevolent Ass'n,
400 So.2d 1302 (Fla. 1st DCA 1981). Nor did this document qualify as a nonrule under Section
120.52(14) as "preparation or modification" of an "agency budget" or "contractual provisions reached as a result of collective bargaining." As the hearing officer indicated, the university's budget officials played no role in the development of the document....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 7611, 1992 WL 157451
...the challenger's burden of proof in the administrative hearing. When a proposed rule is challenged before a hearing officer, it is the role of the officer to determine whether the rule is arbitrary or capricious. See §
120.56(1), Fla. Stat. (1989); §
120.52(8)(e), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Webster, formerly employed by the South Florida Water Management District had her employment terminated without compliance with Chapter
120.57(1) of the Administrative Procedure Act, said District arguing that its action is not covered by the Act. We reverse. The District's position is that Section
120.52(14)(a) Florida Statutes (1977) specifically excludes areas of "internal management memoranda." With this position we have no dispute; however, the very same sentence continues "......
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...ee Memorial Hospital. The municipal board was created by special act of the legislature in Chapter 65-2299, Laws of Florida. The court held that because no general or special law mandates otherwise, the board is not an "agency" within the meaning of section 120.52(1)(c), Florida Statutes (1977)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 12444
...sources of information or other circumstances show their lack of trustworthiness. In our view, the recommended orders do not fall within the category of public records addressed by the statutory exception. [3] Although the definition of agency under Section 120.52(1), Florida Statutes (Supp. 1984), is certainly broad enough to include as an agency the Division of Administrative Hearings, we note that the Division is separately defined under section 120.52(6)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...We agree with the hearing officer's conclusion that the statement is one of general applicability that implements, interprets or prescribes law, policy, procedure or practice requirements of the agency and falls squarely within the definition of a rule as defined by § 120.52(14), Florida Statutes (1977)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...s' "less costly and more appropriate alternative," each competitor is potentially a party to the proceedings on the other's application. Each is one "whose substantial interests will be affected by proposed agency action" on the other's application. Section 120.52(10)(b), Florida Statutes (197 Supp.); Bio-Medical Applications of Clearwater, Inc....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Neither of these rules has been complied with in this proceeding. [2] Bennett also represents to the court that he and his wife, Marian Clae Bennett, are the sole owners of 100% of the capital stock of the corporation. [3] The Section
1.01(3) definition of "person" applies to the Administrative Procedure Act. Section
120.52(11).
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2020
...Department of Health and Rehabilitative Services,
491 So.2d 586 (Fla. 1st DCA 1986). Appellant Mausoleum asserts another ground for granting it participation in Memorial Park's permitting process; namely, that the Department's rules create such a right. We have held that, pursuant to Section
120.52(11)(b) & (c), Florida Statutes (1976), under some circumstances an agency rule can create a right of participation....
...ng accorded a hearing under section
120.57(1), an agency's rule, such as these above, may, consistent with the regulatory statutory purpose, define or identify those persons who have a right to party status. (emphasis supplied) Id. at 1294. Sections
120.52(11)(b) & (c), Florida Statutes (1985), allow an agency to expand or contract the right of participation only in a manner consistent with the regulatory statutory purpose....
...The order appealed is REVERSED in part and AFFIRMED in part, and this cause is REMANDED for further proceedings consistent with this opinion. WENTWORTH and WIGGINTON, JJ., concur. NOTES [1] An initial petition was dismissed with leave to amend. [2] Section 120.52(10), Florida Statutes (1981)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 10314, 1998 WL 473479
...al likelihood of success" element. [3] There is no contention by either party that the Administrative Procedure Act, Chapter 120, Florida Statutes, applies to judicial review of decisions of the Dade County Commission in bid protest proceedings. See § 120.52(1)(c), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779079
...with its enforcement and interpretation is entitled to great weight, and courts generally will not depart from such construction unless it is clearly erroneous or unauthorized"). The Department's authority in this regard, however, is not unbridled. Section 120.52(8), Florida Statutes (1997), states: (8) "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 1914087
...to a hearing. Appellee entered a final order adopting its position, and Appellant instituted this appeal. Analysis The APA defines "party" to include "[s]pecifically named persons whose substantial interests are being determined in the proceeding." § 120.52(12), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 4067312
...AHCA timely filed a notice of appeal on September 7, 2007. The legislature defines a rule as an "agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency...." § 120.52(15), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 133202
...All rulemaking authority delegated to administrative agencies is of course limited by the statute conferring the power. Department of Professional Regulation v. Florida Society of Professional Land Surveyors,
475 So.2d 939, 942 (Fla. 1st DCA 1985). According to section
120.52, Florida Statutes, a proposed rule is an invalid exercise of delegated legislative authority if it "goes beyond the powers, functions, and duties delegated by the Legislature." If the agency has exceeded its grant of rulemaking authority, or if the rule enlarges, modifies, or contravenes the specific provisions of law implemented, such infractions are among those requiring a conclusion that the proposed rule is an invalid exercise of delegated legislative authority. s.
120.52, F.S....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1899, 1987 Fla. App. LEXIS 10094
...Therefore, DOC urges this court to find that appellant did not have standing to seek an administrative determination of the validity of the rule in question and therefore is not entitled to judicial review. The arguments raised by DOC are inappropriate in a motion to dismiss. Section
120.52(11)(d) and section
120.68 make it very clear that prisoners are permitted to bring rule challenges and may appeal adverse rulings thereon....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2344, 1985 Fla. App. LEXIS 16239
...ddress the question of whether the October 16 letter was, in effect, a rule setting forth those requirements. A "rule" under the APA "means each agency statement of general applicability that implements, interprets, or prescribes law or policy... ." § 120.52(14), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 WL 4800987, 2012 Fla. App. LEXIS 17433
...petitioner. It does not authorize fees or costs for intervenors, and absent such authority, no fees ... can be awarded to counsel for J.S. in this case. The ALJ then concluded as follows: APD 04-007 is a statement meeting the definition of a rule in section
120.52(16), and has not been adopted as a rule, in *315 violation of section
120.54(l)(a)....
...tation is de novo.” A. Duda & Sons, Inc. v. St. Johns River Water Mgmt. Dist.,
17 So.3d 738, 742 (Fla. 5th DCA 2009) (emphasis omitted). Section
120.54(l)(a), Florida Statutes (2009), provides that “each agency statement defined as a rule by s.
120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable[,]” unless the agency proves that the agency statement fits within some limited exceptions listed in that subsection that are not applicable here....
...led the final hearing. Accordingly, the ALJ properly lifted the stay that was created pursuant to paragraph (b). Pending the final hearing, the parties filed a joint stipulation to the effect that the agency statement met the definition of a rule in section
120.52(16), and because it was not adopted through the rulemaking process, it violated section
120.54(l)(a)....
...ant to s.
120.56(4)(e)....” Upon filing the joint stipulation, the ALJ canceled the final hearing. Subsequently, the ALJ entered the Summary Final Order in which the ALJ properly determined that the agency statement met the definition of a rule in section
120.52(16), that because it was not adopted through the rulemaking process, it violated section
120.54(l)(a), and that to the extent APD continued to rely on the agency statement, it must stop doing so....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Appellants derive their theory of entitlement to intervene at this stage from several statutory provisions. First, §
120.60(2) which provides in part that: When an application for a license is made as required by law, the agency shall conduct the proceedings required with reasonable dispatch, ... Second, §
120.52(8), which provides: (8) "Licensing" means the agency process respecting the issuance, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license or imposition of terms for the exercise of a license....
...Appellants interpret the quoted statutes as providing that licensing proceedings commence when an application for permitting is filed. Appellants then assume such is the case and assert that §
403.412(5) is a provision bestowing party status upon them by the definition found in §
120.52(10)(b)....
...DER issues its notice of proposed action. In the event that the Department does propose to issue the permits to Gardinier, §
403.412(5) would appear to be a statutory provision entitling appellants to participate as a party in the proceedings under §
120.52(10)(b), including initiationof a §
120.57 hearing....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 19309, 2006 WL 3327632
...could refuse to adopt the level of service . . . established by Respondent's policies. 40. In approval of the Tindale-Oliver Update . . ., and the choice of an option not recommended by Tindale-Oliver, *1089 . . . Respondent necessarily amended Policy 612. (Emphasis added.) ANALYSIS Under section 120.52(1)(b)7., Florida Statutes (2004), the School Board is an agency subject to the Administrative Procedure Act....
...lenge under section
120.56, Florida Statutes (2004). Dep't of Health v. Merritt,
919 So.2d 561, 562 (Fla. 1st DCA 2006). We review de novo the judge's conclusions of law. Parlato v. Secret Oaks Owners Ass'n,
793 So.2d 1158, 1162 (Fla. 1st DCA 2001). Section
120.52(15), Florida Statutes (2004), defined a rule as an agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any for...
...icy 612, which contained a certification requirement in accordance with Ordinance 92-9, the VHBA's argument is unavailing. "To constitute `rulemaking' a rule repeal is required to satisfy independently the remainder of the definition of a `rule'" in section 120.52(15)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...special injury or substantial interest which would be affected by the Board's acceptance of the CARL Committee's proposed acquisition of Westlake. Section
120.57(1) applies only to Agency decisions which affect the substantial interests of a party. Section
120.52(10)(b), Florida Statutes (1979), defines a "party" as "any other person who, as a matter of constitutional right, provision of statute, or provision of agency regulation, is entitled to participate in whole or in part in the proceeding...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2525, 2009 WL 780007
...It is undisputed that there is neither a statute nor a rule expressly authorizing the application review committee. Following an evidentiary hearing, the administrative law judge (ALJ) concluded that the committee procedure by which [Harden's] application was reviewed meets the definition of a `rule' set forth at subsection
120.52(15), Florida Statutes, because it is an agency statement of general applicability that implements section
120.60, Florida Statutes, and describes the application approval of the CILB....
...that rulemaking was neither feasible nor practical with regard to this committee. On appeal, the CILB argues that the ALJ erred in concluding that its procedure did not fall within one of the exceptions to the requirement of rulemaking set forth in section 120.52(15), the "internal management memorandum" exception. An internal management memorandum is a matter which does "not affect either the private interest of any person or any plan or procedure important to the public and which [has] no application outside the agency issuing the memorandum." § 120.52(15)(a)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1423
...ad permanent status as of October 1, 1985. Department of Corrections v. Florida Nurses Ass'n,
508 So.2d 317 (Fla. 1987). [2] Section
120.68(1) provides that "[a] party who is adversely affected by final agency action is entitled to judicial review." Section
120.52(11) defines "party" in relevant part as follows: "(a) Specifically named persons whose substantial interests are being determined in the proceeding." [3] In his brief, appellant cites to section
120.57, which is entitled "Decisions whi...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2004 WL 1359507
...Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594 (Fla. 1st DCA 2000) (explaining the test to be applied to determine whether agency rulemaking constitutes "an invalid exercise of delegated legislative authority" as that term is defined in section
120.52(8), Florida Statutes (1999))....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 247145
...administrative agencies follow a readily ascertainable, uniform (insofar as is possible) and open process whereby all parties whose substantial interests are affected or determined are afforded full due process and full access to those proceedings. Section 120.52(10), Florida Statutes (1989) defines "licensing" (in this case "permitting") as "the agency process respecting the issuance ......
...f SWFWMD had adopted the Florida Rules of Civil Procedure, I would join in the result that the majority has reached. NOTES [1] "Permitting" and "licensing" are synonymous terms as defined in chapter 120, The Florida Administrative Procedure Act. See § 120.52(9).
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 265851
...The proposed rules repeal existing affirmative action programs established by rules, and specifically prohibit any use of race or gender set-asides, preference or quotas in minority admission to the SUS. Because enactment of agency rules touches upon an area often abused, the Florida Legislature amended section 120.52(8), Florida Statutes....
...rpreting the specific powers and duties conferred by the same statute. Id. (emphasis added). Under this section and the precedents of this court, Appellants immediately attacked the proposed rules as an unlawful exercise of rule making prohibited by section 120.52(8)....
...In Coalition, this court stated: ... appellant's members, being subject to and regulated by the proposed rules, have party status in these rule-making proceedings, not just as intervenors allowed to participate in the discretion of the hearing officer under §
120.52(12)(c), but as persons "whose substantial interests will be affected by proposed agency action" under §
120.52(12)(b) and thus are "substantially affected persons" within the meaning of §
120.54(4)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 178
...uage. We affirm on this issue. We reverse, however, as to the agency's denial of M-88's request for a Section
120.57 hearing. We do not agree with DER's contention that its action with regard to the air pollution issue was not "agency action" within Section
120.52(2), Florida Statutes (1983)....
...It then made an affirmative decision, which was communicated to M-88, that Gardinier's proposed operation did not require air pollution permits. We hold that, given the circumstances, this communication is the equivalent of an order, and constitutes agency action as defined by Section 120.52(2)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391
...s and agency statements of the District governing the issuance of Water Use Permits (WUPs). The primary basis of the challenges was that the particular rule or agency statement was an invalid exercise of delegated legislative authority as defined by section 120.52(8), Florida Statutes (1995)....
...The court noted that the burden of persuasion in a challenge to an agency statement under section
120.56(4), Florida Statutes (Supp. 1996), [11] remains on the challenger. The basis for a challenge to an agency statement under this section is that the agency statement constitutes a rule as defined by section
120.52(15), Florida Statutes (Supp....
...WUP under rule 40D-2.301(1) is an invalid delegation of legislative authority because it grants unbridled discretion to the District. In its cross-appeal, Pinellas claims that rule 40D-2.301(1) is an invalid delegation of legislative authority under section
120.52(8)(c) because it "enlarges, modifies, or contravenes the law implemented." Pinellas argues that the District has violated this principle by promulgating a fourteen-part test to replace the three-prong test of section
373.223(1) and the two-prong test of section
373.226(2), Florida Statutes (1995)....
...Pinellas argues that the requirement that the fourteen conditions for issuance in rule 40D-2.301(1) be satisfied on both "an individual and a cumulative" basis is vague and is, therefore, an invalid exercise of delegated legislative authority in derogation of section 120.52(8)(d), Florida Statutes (1995)....
...nces does not alter the unbridled discretion inherent in the rules." The ALJ further found that "the proposed SWUCA rule does not even list the factors the District would consider in making its determination." An administrative rule is invalid under section 120.52(8)(d) if it requires the performance of an act in terms that are so vague that men of common intelligence must guess at its meaning....
...of the ALJ is: AFFIRMED IN PART AND REVERSED IN PART. PARKER, A.C.J., and CASANUEVA, J., concur. NOTES [1] The District did not challenge every ruling of the ALJ in the order that invalidated its existing or proposed rules or agency statements. [2] Section 120.52(8) was amended effective October 1, 1996, subsequent to the evidentiary hearing in this matter but prior to the entry of the order....
...It now reads: "In administering the provisions of this chapter the governing board has authority to adopt rules pursuant to ss.
120.536(1) and
120.54 to implement provisions of law conferring powers or duties upon it." §
373.113, Fla.Stat. (1999). [11] Previously section 120.535(2), Florida Statutes (1993). [12] Previously section
120.52(16), Florida Statutes (1993)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...The Administrative Procedure Act twice provides that an "agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have the authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation...." §§
120.52(8),
120.536, Fla....
...e proposed rule as statutory authority. See Capeletti Bros., Inc. v. Department of Transportation,
499 So.2d 855 (Fla. 1st DCA), rev. denied,
509 So.2d 1117 (Fla.1987)." Fla. League of Cities v. Dep't of Ins.,
540 So.2d 850, 865 (Fla. 1st DCA 1989). Section
120.52(8), Florida Statutes (2003), lists the circumstances under which a proposed or existing rule is invalid, and specifies that the rule is invalid if any one of the following applies: (a).......
...required by s.
120.54(3)(a)1.; (c) The rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s.
120.54(3)(a)1. .... 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)....
...ment for these children," B.Y. v. Dep't of Child. & Fams.,
887 So.2d 1253, 1256 (Fla.2004), absent any statutory exemption, the Administrative Procedure Act applies to DCFS, no less than to every other "state department, and each departmental unit." §
120.52(1)(b)(1.), Florida Statutes (2003)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1995 WL 26796
...pplies only to incipient policy, whereas section
120.56 applies to unpromulgated rules. Section 120.535(1)(a), Florida Statutes (Supp. 1992) provides: (1) Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule under s.
120.52(16) shall be adopted by the rulemaking procedure provided by s....
...; or 2. Related matters are not sufficiently resolved to enable the agency to address a statement by rulemaking; or 3. The agency is currently using the rulemaking procedure expeditiously and in good faith to adopt rules which address the statement. Section 120.52(16), Florida Statutes (Supp....
...olicits any information not specifically required by statute or by an existing rule. The term also includes the amendment or repeal of a rule... . Section 120.535 applies to any agency statement that falls within the definition of a rule pursuant to section 120.52(16). § 120.535(1), Fla. Stat. Section 120.52(16) defines a rule as an agency statement of "general applicability." In the present case, appellants concede that the challenged unpromulgated rules are statements of general applicability....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 3900
...tential of sovereignty, submerged lands." That purpose is not served when the Trustees are able to decide at will when they will apply one rule instead of another. Furthermore, inasmuch as the Trustees constitute an agency as that term is defined in section 120.52(1)(b), Florida Statutes (1987), they are compelled to promulgate rules....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...ermination pursuant to Section
120.68, Florida Statutes (1979) [1] and Fla.R.App.P. 9.110. We hold that no such proceeding may be maintained and therefore dismiss the appeal. In our view, this result is required by the clear terms of that portion of Section
120.52(10)(d) which states that Prisoners as defined in s.944.02(5) shall not be considered parties for the purposes of obtaining proceedings under s.120.54(16) or s.120.57... [2] The definition contained in Section
120.57 itself, in turn, plainly encompasses the proceeding which results in the fixing of a presumptive parole date about which the appellant complains but from which he is excluded by Section
120.52(10)(d)....
...es in agency action adversely affecting a prisoner's rights for *1046
120.68 appellate purposes, it does not fall under
120.57, which specifically and directly includes it. Instead, it is classified by the first district so as to avoid the effect of
120.52(10)(d) as another, unnamed, penumbral action subject to the APA but not to
120.57....
...(One criticism of the Daniels case is that, by permitting review under
120.68, it necessarily grants rights such as those to the contents of a final order required by 120.59, see
401 So.2d 1356, n. 10 which the legislature meant to preclude by
120.52(10)(d)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2638
...Upon receipt of the notice of appeal we directed the parties to file memoranda on the question of the jurisdiction of this court to entertain this attempt at direct appeal. Simply put, the crucial question is whether the Sarasota County Public Hospital Board is an "agency" within the meaning of section 120.52(1) Florida Statutes (1985), the Administrative Procedure Act....
...Rubinstein correctly submits, however, that jurisdiction does not appear to have been an issue in that case. The APA includes three types of "agencies," two of which clearly are inapplicable in the present case: the governor in the exercise of all executive functions except those derived from the Florida Constitution, section 120.52(1)(a), Florida Statutes (1985), and "other" units of government expressly made subject to the act by general or special law or existing judicial decisions, section 120.52(1)(c)....
...The Sarasota County Public Hospital Board was established by chapter 26468, Laws of Florida, Acts of Extraordinary Session 1949, as amended by chapter 83-525 Laws of Florida. Neither legislation nor judicial precedent subjects the board to the APA. Thus, we need consider only the remaining definition of "agency," found in section 120.52(1)(b) which include a host of departments with statewide jurisdiction as well as regional planning agencies, conservation boards, and land and water management districts....
...rather than an attempt at direct review of an agency decision. Thus, we turn for guidance to our previous decision in Booker Creek Preservation, Inc. v. Pinellas Planning Council,
433 So.2d 1306 (Fla. 2d DCA 1983), in which we discussed the scope of section
120.52(1)(b)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 11039, 1998 WL 546069
...The administrative law judge entered a recommended order concluding that the Department did not have standing to initiate the administrative proceeding it sought and recommending that its petition be dismissed. The administrative law judge also expressed the opinion that any "commission" as generally described in Section 120.52(1)(b), Florida Statutes (Supp.1996), created by the Legislature to exercise independent powers in association with state government is deemed to constitute an "Agency" as defined in Section 120.52(1), Florida Statutes (Supp.1996)....
CopyCited 4 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804
...First, there must be a statutory grant of rulemaking authority, and second, there must be a specific law to be implemented. §
120.536(1), Fla. Stat. (2010). “Rulemaking authority” is statutory language that explicitly authorizes or requires an agency to adopt rules. §
120.52(17), Fla. Stat. (2010). “Rules” are “statement[s] of general applicability that implement! ], interpret!], or prescribe!] law or policy or describe! ] the procedure or practice requirements of an agency.” §
120.52(16), Fla....
..., and this notice must be published at least 28 days prior to the intended action. See §
120.54(3)(a), Fla. Stat. (2010). The agency must file a copy of the proposed rule with the Administrative Procedures Committee as well. See §§
120.54(3)(a)4;
120.52(4), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Florida Parole & Probation Comm'n,
407 So.2d 1044 (Fla. 3d DCA 1981) because of the express provision in the Florida Administrative Procedure Act stating that prisoners shall not be considered parties for the purposes of obtaining proceedings under the act. See, section
120.52(10)(d), Florida Statutes (1981)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...if it did so, whether it was "within the agency's exercise of delegated discretion." Section
120.68(7). If we find the action met the above conditions, then we should sustain it even though the agency's statement may have all the characteristics of Section
120.52(14)'s definition of rule....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 4676, 1999 WL 202059
...According to appellee, entry of a second order to announce that a proposed *1251 agency action has become final where no hearing has been requested is an administrative inconvenience and almost always unnecessary. We find, however, that entry of such an order is appropriate in the instant case. Section 120.52(7), Florida Statutes, clearly contemplates that a written final order be filed with the clerk of the agency at a particular date and such a document filing is necessary to compute the time for filing of the appeal....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 2146986
...re the arbitration language in the declaration of condominium proposed by the developer, Lennar Homes Inc., void as against public policy, and (2) that the effect of the statement was the issuance of a non-adopted rule, contrary to the provisions of section 120.52(15), Florida Statutes (2002)....
...I dissent as well from what appears to be the majority's conclusion that the Division's statement must be invalidated because its effect was the issuance of a non-adopted rule. 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....
...by section
120.565, Florida Statutes (2002), i.e., issue a declaratory statement "as it applies to the petitioner's particular set of circumstances," its action can hardly be described as "an agency statement of general applicability," as defined in section
120.52(15)....
...e Clause."). Because the parties did not and could not litigate the interstate commerce issue below, we are unable to decide this factual issue on appeal. See, e.g., Lytle v. CitiFinancial Services, Inc., 810 A.2d 643, 655-56 (Pa.Super.Ct.2002). [4] Section
120.52(15), Florida Statutes (2002), defines "Rule," in pertinent part, as follows: [E]ach agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency.... [5] The parties do not argue, and therefore we do not address, whether under the 1996 and 1999 amendments to Florida's Administrative Procedure Act regarding the scope of agency rulemaking authority, see sections
120.52(8) and
120.536(1), sections
718.111(3),
718.303 and 718.566 provide the Division with the rule-making authority to prohibit arbitration....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Marine Industries contends that only the agency head has final-order authority. Section
20.331(2) states, "The head of the Fish and Wildlife Conservation Commission is the commission, with commissioners appointed by the Governor as provided for *76 in s. 9, Art. IV of the State Constitution." Section
120.52(2) defines agency action as "the whole or part of a rule or order, or the equivalent, or the denial of a petition to adopt a rule or issue an order." Section
120.52(7) defines a final order as a written final decision which results from a proceeding under s....
...hich has been filed with the agency clerk, and includes final agency actions which are affirmative, negative, injunctive, or declaratory in form. Thus, by statute, an order involves "agency action," and the final order here is "final agency action." Section 120.52(3) provides, "`Agency head' means the person or collegial body in a department or other governmental unit statutorily responsible for final agency action." Therefore, because the agency head is the seven-member commission, it has responsibility for final agency action which includes the final order at issue....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Act in order to qualify for this type of judicial review. Sweetwater Utilities Corporation v. Hillsborough County,
314 So.2d 194 (Fla. 2d DCA 1975). The issue is then raised as to whether the Volusia County Council is an agency within the purview of section
120.52(1)(c), which provides: "Agency" means: (c) Each other unit of government in the state, including counties and municipalities, to the extent they are expressly made subject to this act by general or specific law or existing judicial decisions....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
... interpretation cannot be reconciled with the plain language of the
statute.”).
An agency statement that “implements, interprets, or
prescribes law or policy or describes the procedure or practice
requirements of an agency” is considered a “rule.” §§
120.52(16),
120.56(4)(a), Fla....
...Statements that are rules cannot be
enforced unless they are formally adopted in accordance with
requirements set forth in chapter 120. See §
120.54, Fla. Stat. If an
agency statement meets the definition of a rule, but hasn’t been
adopted as a rule under chapter 120, then it is considered an
“unadopted rule.” §
120.52(20), Fla....
...d
one not—does not simply reiterate §
210.25(12)’s text. See St.
Francis Hosp. Inc.,
553 So. 2d at 1354. The Department’s memo
constitutes a “rule” because it is a statement of general
applicability that implements and interprets the law. §
120.52(16),
Fla....
...implements, interprets, or prescribes law or policy or describes the
procedure or practice requirements of an agency and includes any
form which imposes any requirement or solicits any information
not specifically required by statute or by an existing rule.”
§ 120.52(16), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16609, 35 Fla. L. Weekly Fed. D 2439
...s, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule." § 120.52(16), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...Section
120.57(1)(b)(9) states that an agency may not reject or modify the findings of fact contained in the "recommended order" of the hearing examiner without expressly stating that those findings are unsupported by competent substantial evidence. Section
120.52(13) defines "recommended order" as follows: "Recommended order" means the official recommendation of a hearing officer assigned by the division to an agency for the final disposition of a proceeding under s.
120.57. (Emphasis added.) "Division" means the Division of Administrative Hearings, Department of Administration. Section
120.52(5)....
...presumptive weight. Section
120.57(1)(a)(3) specifically provides: A hearing officer assigned by the division shall conduct all hearings under this subsection, except for: 3. Hearings before ... the Public Service Commission or its examiners. Since Section
120.52(13) defines a recommended order as that of a hearing officer assigned by the Division for a proceeding under Section
120.57, the recommended order of an examiner employed by the PSC is not a recommended order contemplated by Section
120.52(13) and is therefore outside the requirements of Section
120.57(1)(b)(9)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 796711
...Section
120.68(2), Florida Statutes (1997), provides that judicial review of final agency action shall be in the district courts of appeal. To be subject to this section of the APA, the administrative body whose decision is challenged must fall within the statutory definition of an "agency" contained in section
120.52(1), Florida Statutes (1997)....
...In Rubinstein, a physician sought appellate review of a final order of the Sarasota County Public Hospital Board which denied the physician reappointment to the hospital staff. The second district had to decide whether the board's decision was directly reviewable as the decision of an "agency" within the meaning of section 120.52(1)....
...The court noted that the APA refers to three types of agencies, two of which clearly were inapplicable: agencies of the governor, and other units of government expressly made subject to the APA by general or special law or existing judicial decisions. See id. (citing § 120.52(1)(a) and (c), Fla....
...ecial law in 1949 and that neither legislation nor judicial precedent provided that the board was governed by the APA. See Rubinstein,
498 So.2d at 1013. The second district observed that the third kind of agency contemplated under the definition in section
120.52(1) includes, inter alia, departments with statewide jurisdiction, regional planning agencies, conservation boards, and land and water management districts. See §
120.52(1)(b), Fla....
...administrative bodies is by certiorari to the circuit court). Accordingly, we transfer this case to the circuit court for consideration as a petition for writ of certiorari. See Fla.R.App.P. 9.040(b). GUNTHER and KLEIN, JJ., concur. NOTES [1] Under section 120.52(1), Florida Statutes (1997), "Agency" means: (a) The Governor in the exercise of all executive powers other than those derived from the constitution....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The fact that Chiles held section
216.221 facially invalid, whereas the action at bar involves an attack on two rules implementing section
216.221 as an invalid exercise of delegated legislative authority, does not render the Chiles rule inapplicable to the instant case. Section
120.52(8), Florida Statutes (1989), provides, in part: "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...r the reasons stated infra, I suggest it does not. In the past, when an attack was made on agency action as invalid due to the agency's failure to comply with §
120.54, our approach quite often was to classify and, if the classification fell within §
120.52(14)'s definition, to invalidate....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 2382, 1993 WL 53137
...not visit the inmate without the spouse. Appellee, who had several married female visitors on his visitors' list, filed a challenge to the proposed rule, pursuant to section
120.54, Florida Statutes. Appellee alleged that the proposed rule violated section
120.52(8)(a) and (b), which states that a proposed rule constitutes an invalid exercise of delegated legislative authority where "(a) the agency has failed to follow the applicable rulemaking procedures set forth in s....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 879284
...120.569." Even if, as the District posits, the Plan is neither a rule nor an order, the Legislature nonetheless has determined that a regional water supply plan, duly adopted by a water management district governing board, constitutes agency action subject to administrative challenge. See § 120.52(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2002 WL 397745
...163.01(7), unless any party to such agreement is otherwise an agency as defined in this subsection, or any multicounty special district with a majority of its governing board comprised of elected persons; however, this definition shall include a regional water supply authority. § 120.52(1), Fla. Stat. (2001). The ALJ concluded that the Association was either a "Board" or an "Authority" and, therefore, an "agency" as defined in section 120.52(1)....
...rs of coverage made by member companies at renewal because those procedures constituted "rules" for purposes of the Act. We are unable to agree with the conclusion that the Association is either a "Board" or an "Authority" as those words are used in section 120.52(1)....
...As commonly understood in context, both of those words connote entities different from an unincorporated association. It is, likewise, apparent that the Association does not fall within any of the other categories of entities identified as agencies in section 120.52(1)....
...To conclude that the legislature intended that the Association be subject to the Act would, necessarily, also require the conclusion that many other similar entities are subject to the Act. Had the legislature intended such a result, given the apparently comprehensive nature of the list set out in section
120.52(1), we believe it would have said so. Of course, if we are incorrect, the legislature need only amend either section
120.52(1) or section
627.351(2) to make its contrary intent clear....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 2292928
...section
120.54(1)(a), Florida Statutes. Specifically, Coventry challenged the notice letters sent to providers prior to an examination, and OIR's examination policy, procedures, and manual. ANALYSIS The legislature defines an administrative rule at section
120.52(16), Florida Statutes: "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which im...
...ule. Contrary to Coventry's argument, we find that the testimony and evidence in this case demonstrate the letters are not forms and do not require licensees to provide any information for which OIR has not been given statutory authority to examine. Section
120.52(16), Florida Statutes, states that a rule "includes any form which imposes any requirement or solicits any *204 information not specifically required by statute or an existing rule." Section
626.9922(1), Florida Statutes, grants author...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 376683
...The issue is whether the Trustees made a choice based upon facts, logic and reason. It is clear that they did. The order appealed is REVERSED. BARFIELD and ALLEN, JJ., concur. NOTES [1] A rule is invalid as an unlawful exercise of delegated legislative authority if, among other things, it is arbitrary or capricious. Section 120.52(8)(e), Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 247127
...2d DCA 1981), rev. denied,
415 So.2d 1359 (Fla. 1982). We held in Agrico that a third party could intervene in an application for a permit if substantial interests of the third party would be implicated by final agency action. Agrico,
406 So.2d at 482; see §
120.52(2), (11) and (12), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 20488
...The appellants argue that the judge erred by undertaking an independent evaluation of the evidence. As they correctly note, this court, in Florida Board of Medicine v. Florida Academy of Cosmetic Surgery, Inc.,
808 So.2d 243 (Fla. 1st DCA 2002), addressed the meaning of the term "competent substantial evidence" as used in section
120.52(8)(f), Florida Statutes, which provided at the time that an agency rule would be considered an invalid exercise of delegated legislative authority if it was "not supported by competent substantial evidence." Noting that "competent subs...
...review the record and determine whether the agency action was supported by legally sufficient evidence and should not engage in any re-weighing of that evidence. *564 In the year following the publication of Cosmetic Surgery, the Legislature amended section
120.52(8) so as to eliminate the former subsection (f) and, in the same chapter law, amended section
120.56(1)(e) to clarify that hearings held with respect to challenges to an existing or proposed agency rule "shall be de novo in nature" and that the "standard of proof shall be the preponderance of the evidence." Ch....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The Board did not subject the application form to the section
120.54 rulemaking process. We affirm the ruling that the application form constitutes an unpromulgated rule and is therefore invalid. We agree with the hearing officer that the application form constitutes a rule within the definition in section
120.52(15) covering "any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule." Appellants "concede that if the Rule is determined to be invalid, then the form is also invalid." (Appellants' Reply, p....
...expires or at a later date specified in the decision. It is apparent that the statutory scheme in chapter 120 for invalidating agency rules contemplates that once a rule, or an agency statement or form that constitutes a rule under the definition in section 120.52(16), Florida Statutes (1987), has been issued and acted or relied upon by the agency or members of the public in conducting the business of the agency, the rule will be treated as presumptively valid, or merely voidable, and must be gi...
...comes final. Appellees contend that even if the rule may be voided on a prospective basis only, the application form is not a rule and should be rendered void ab initio. We do not agree. The application form clearly meets the definition of a rule in section
120.52(16) and, as held in the hearing officer's order and in our opinion, is invalid because the agency failed to follow the proper rule promulgation procedure under section
120.54....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 19073
...taken by Respondents is not "final agency action" within the purview of Florida Statute
120.68(1), and 2) that the Petitioners do not have standing to prosecute this appellate action in that they are not parties within the meaning of Florida Statute
120.52(9)....
...: "`Rule' means a rule adopted under chapter 120." This record discloses without contradiction that the Administration Commission sought to comply with the provisions of Chapter 120 in adopting Rule 22F-8. We now turn to Chapter 120. Florida Statute 120.52(2) provides in part: "`Agency Action' means the whole or part of a rule or order, or the equivalent, or denial of a petition to adopt a rule or issue an order." (Emphasis supplied.) Florida Statute 120.52(3) defines "Agency Head" as the person or collegial body in a department statutorily responsible for final agency action....
...Issuance of development orders should be coordinated... . "c. Special zoning districts should be created.... "d. A community impact assessment statement should be submitted and approved prior to the issuance of zoning and rezoning orders or site plan approval. .. ." Florida Statute 120.52(9)(a) defines "party" as: "Specifically named persons whose substantial interests are being determined in the proceeding." The boundary description in the proposed rule includes the City of Key West; the city is a local government; and extensi...
...Although the proceedings now sought to be reviewed are analogous to the legislative process, apparently, logic has been supplanted by the new Administrative Procedure, Act. [5] Salient provisions of the Administrative Procedure Act applicable to standing of "Citizen Petitioners" are: "120.52(9) `Party' means: .........
...At the hearing held in Key West on March 28, Attorney Jacobs appeared on behalf of the foregoing named clients, adduced testimony by a number of witnesses and vociferously participated in the "agency action". Thus, the agency, pursuant to Florida Statute 120.52(9)(c), recognized these "interested persons", allowed them to intervene and participate in the proceedings as parties....
...NOTES [1] Composed of members of the Florida Cabinet. [2] Excepting Everglades National Park and areas north of the Park; all lands seaward of mean high water mark owned by local, state, or federal governments, and any federal properties. [3] Also, pursuant to Florida Statute 120.52 (9)(b), the City of Key West is a person whose substantial interest will be affected by the proposed agency action....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 11784, 2003 WL 21817929
...The APA provides for the disqualification of an "agency" head for bias, prejudice or interest. §
120.665, Fla. Stat. [2] The definition of *1038 "agency" includes counties and municipalities but only to the extent they are expressly made subject to the APA by general or special law or existing judicial decisions. §
120.52(1)(c), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Indeed, he recognized that the myriad of details involved in applying the urban sprawl rules to an individual plan may preclude rulemaking, but even if theoretically possible, rulemaking in the area of application is not now practicable. In short, the alleged nonrule policies do not meet the definition of a rule, Section 120.52(16)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...e Procedure Act provides in part as follows: "(a) A hearing officer assigned by the division shall conduct all hearings under this subsection, except for: 1. Hearings before agency heads . . [H]earings before a member of an agency head ... * * *" §
120.52(3) states that agency head "means the person or collegial body in a department or other governmental unit statutorily responsible for final agency action." §
20.24(1), Florida Statutes (1975), provides: "The head of the department of highw...
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...3, 1975, the motion was granted by the Commission's Chairman. While Part II of Chapter 447, Florida Statutes, (the statute which deals with collective bargaining by public employees) is silent in relation to intervention in a proceeding before PERC, § 120.52(10), Florida Statutes, (the Administrative Procedure Act) includes in the definition of the term "party" in an administrative proceeding the following provision which is applicable here: "(b) Any other person who, as a matter of constitutio...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 107785
...That statute is part of the Administrative Procedures Act which provides that appeals from final agency actions shall be to the District Court of Appeal. However, both appellant and appellee agree that the Environmental Control Board is not an agency within the definition of the Administrative Procedures Act, section 120.52(1)(a) (c), Florida Statutes (1987), and we also agree....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 874932
...g a new rule or policy" was a rule subject to challenge.
683 So.2d at 591. In reaching that conclusion, this court observed: To constitute "rulemaking" a rule repeal is required to satisfy independently the remainder of the definition of a "rule" in section
120.52.(16): "agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency...." Id....
...be illogical. Each facility houses persons who are not free to leave, and each is staffed by a large number of people who enter and leave the institution on a daily basis, interacting with the general public and the inmate population. V. Conclusion Section 120.52(8)(a), Florida Statutes (2000) states that where an "agency has materially failed to follow the applicable rulemaking procedures set forth in this chapter," the action constitutes an "[i]nvalid exercise of delegated legislative authori...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 13438, 2015 WL 5559801
...because there is no constitutional right to parole. See Cochran v. State,
476 So. 2d
207, 208 (Fla. 1985). However, "there is a right to a proper consideration for parole."
Moore v. Fla. Parole & Probation Comm'n,
289 So. 2d 719, 720 (Fla. 1974), superseded
by section
120.52(10), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22047786
...been lodged or before such order has become final by lapse of time without a timely appeal." Id. Smull argues that this rule does not apply to the Town Council because it is not an "administrative agency" under the Administrative Procedure Act. See § 120.52, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 2194, 1989 Fla. App. LEXIS 5131, 1989 WL 106778
...any deprivation of due process but travels instead on a claim under the Florida Administrative Procedure Act. However, Ramos is illustrative of the issues here. [5] Likewise, we reject Metsch's argument that he became a "party" within the meaning of section 120.52(12) merely by applying for admission and, upon being denied admission, seeking reconsideration of his application pursuant to the rules promulgated by the Board of Regents, section 6C-6.003, Florida Administrative Code.
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 2478, 1989 Fla. App. LEXIS 5924, 1989 WL 124571
...plaints that existing rates are unjust and unreasonable. The crux of this appeal therefore becomes whether Paragraph 7 as enacted and implemented in this case was an "order," that is, a final agency decision which does not have the effect of a rule, Section 120.52(11), Florida Statutes, or a "rule," an agency statement of general applicability which prescribes law or policy, including any form which imposes any requirement not specifically required by statute or an existing rule. § 120.52(16), Fla....
...t this type of review mechanism remains not only alive but exceedingly well despite the absence of any explicit authority in our Administrative Procedure Act (APA) for invalidating agency action having the characteristics of a rule, as defined in Section 120.52(16), Florida Statutes (1987), but not formally adopted as such. I conclude that Public Service Commission Order No. 19095 is just what it purports to be: an order rather than a rule. As such, it does not fall within the definition of a rule as provided in section 120.52(16): "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency and includes any form which impos...
...To the contrary, the Public Service Commission (Commission) argues that although orders may also prescribe law, the order on review cannot possibly be a rule, because its only effect is to ensure that certain monies be set aside until policy can be developed and enunciated *572 "prescribed," within the meaning of section 120.52(16)....
...her its action is within the discretion delegated to it. If an agency has explained itself and has acted within its delegated authority, then the court should sustain the action even though the agency's statement "may have all the characteristics of section 120.52[16]'s definition of rule." Id....
...Certain opinions from this court during our early experience with Florida's 1974 Administrative Procedure Act may have so indicated. Our academic endeavors in attempting to label the action either rule or nonrule to determine whether or not it fell within section 120.52(14)'s [now renumbered as 120.52(16)] definition of a rule have now been largely discarded....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 637640
...Samson,
341 So.2d 1071, 1073 (Fla. 1st DCA 1977). The same is true of a quasi-judicial agency decision. See Von Stephens,
338 So.2d at 893. Relief from an order which is not quasi-judicial is by an original proceeding in the trial court. See id. According to section
120.52(2), "agency action" means a rule, order, or the equivalent thereofor the refusal to adopt a rule or issue an order. Section
120.52(11) provides: "`order' means a final agency decision which" is not a rule and which is "reduced to writing and filed with the person designated" as the agency clerk....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 108 U.S.P.Q. 2d (BNA) 1497, 2013 WL 5825430, 2013 U.S. App. LEXIS 20602
...Otoki Group, Inc.,
104 F.3d 616, 619 (4th Cir.
1997).
Under Florida law, “[a]n agency’s powers are limited to those conferred by
the Legislature.” Schindelar v. Fla. Unemployment Appeals Comm’n,
31 So. 3d
903, 905 (Fla. 1st DCA 2010). Cf. FLA. STAT. §
120.52(8) (“An agency may adopt
only rules that implement or interpret the specific powers and duties granted by the
enabling statute.”)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 23236, 2002 WL 31958956
...Under the statutory scheme, the Agency reviews any LDR and rejects, approves, or approves with modification any LDR. 2. The Agency is an "agency" within the meaning of Chapter 120 of the Florida Statutes. As such, the Agency is governed by the provisions of the Administrative Procedures Act, codified at § 120.52(1)(b), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 491728
...nish the Authority with all of the records it requested pursuant to section 3-8 of the Standard Specifications for Road and Bridge Construction (1991 ed), (the "Gray Book"). The Hearing Officer concluded that the Authority is an agency as defined by section 120.52(1)(b) of the APA, and thus is subject to the APA....
...It also determined that the letter constituted a rule, which was not adopted by the Authority pursuant to section 120.535(1) of the APA. On appeal the Authority raises two points only: THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY IS NOT AN "AGENCY" SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT. A. Subsection (b) of Section 120.52(1) does not include the Orlando-Orange County Expressway Authority. B. Subsections (a) and (c) of § 120.52(1) do not include the Orlando-Orange County Expressway Authority....
...sway authority pursuant to chapter 348." We pass no judgment or opinion about the effect of that double-exclusionary masterpiece of legislative drafting. The version of the APA in effect at the time the letter was sent to Hubbard defined "Agency" in section 120.52(1)(b) subject to the APA, as: (b) Each other state officer and each state department, departmental unit described in s....
...Accordingly, we adopt and approve the Hearing Officer's well-reasoned opinion as our own: CONCLUSIONS OF LAW 14. The Division of Administrative Hearings has jurisdiction over the subject matter. Sections 120.535 and
120.57(1), Florida Statutes. (All references to Sections are to Florida Statutes.) 15. Section
120.52(1)(b) defines "agency" to include: each state department, departmental unit described in s....
...The court noted that the Legislature created the planning council for "intra-county and intercounty coordination of county planning activities" and later added responsibilities for local land-use planning. 17. Holding that the Pinellas Planning Council was not a state agency under §
120.52(1)(b), the Booker Creek court reasoned: "Because the [planning council] operates entirely within Pinellas County and has no authority outside that county, it is not comparable in jurisdiction to a statewide agency or even a regional, intercounty agency."
433 So.2d at 1308....
...The Second District followed the Booker Creek approach in Rubinstein v. Sarasota County Public Hospital Board,
498 So.2d 1012 (Fla. 2d DCA 1986) (per curiam). Holding that the hospital board, whose jurisdiction did not extent [sic] beyond one county, was not a state agency under §
120.52(1)(b), the Rubinstein court read the Booker Creek decision as a rejection of the "`functional' argument in favor of an approach geared more toward the territorial jurisdiction of the body in question."
498 So.2d at 1014....
...Respondent implies in its proposed final order that the Second District's emphasis on territorial jurisdiction might not be, or might later prove not to be, the approach of other district courts. But Respondent would find no solace in a more functional approach to applying § 120.52(1)(b)....
...that expressway expansion would not "serve a public purpose and benefit the citizens of Florida in general and the residents of Orange County in particular."
493 So.2d at 1014. 20. Under the territorial approach, Respondent was a state agency under §
120.52(1)(b) when the Legislature conferred upon it the rights to condemn land and construct road outside of Orange County....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2013 WL 1908401, 2013 Fla. App. LEXIS 7468
...hether the allegations in the petition sufficiently set forth final agency action by the Commission. Agency action includes “the whole or part of a rule or order, or the equivalent, or the denial of a petition to adopt a rule or issue an order.” § 120.52(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 5874, 1998 WL 264482
...e Hospital (NEFSH), appeals a final administrative order which dismissed his rule challenge to certain bylaws approved by the Professional Staff Organization (PSO) of NEFSH. Dr. Reiff argued that the bylaws met the definition of rule, as provided in section 120.52(16), Florida Statutes (1995); hence they were invalid in that they had not been formally adopted....
...irements by class of health care providers." Even assuming that Dr. Reiff had established standing, the ALJ next decided that although the governing body of the hospital is an "agency" and the PSO bylaws meet the definition of "rule," as provided in section 120.52(16), Florida Statutes (1995), [2] the bylaws constitute internal management memoranda under subsection (16)(a) thereof, and thus are exempt from rulemaking....
...In a comparable manner, the PSO bylaws establish the clinical privileges which Dr. Reiff may exercise; thus, he is substantially affected by their implementation. The ALJ next decided that the bylaws did not meet the definition of rule, as provided in section 120.52(16)(a). [3] It is important to observe that the ALJ initially examined the criteria outlined under the first paragraph of section 120.52(16), and determined that the bylaws comply with the general definition of rule in that they create rights and require compliance, and have the consistent effect of law....
...e to appellant's right to pursue this claim by some other avenue. NOTES [1] Forensic patients may be discharged only by court order, and the court takes into consideration the report and, occasionally, the testimony of hospital psychologists. [2] Or section 120.52(15), Fla. Stat. (Supp.1996). [3] Section 120.52(16)(a) states: "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency and includes any form w...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 7670, 2005 WL 1199049
...[t]he agency has exceeded its grant *641 of rulemaking authority, citation to which is required by s.
120.54(3)(a)1.," or "[t]he rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s.
120.54(3)(a)1." §§
120.52(8)(b)-(c), Fla....
...y. Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the same statute. § 120.52(8), Fla....
..."The question is whether the statute contains a specific grant of legislative authority for the rule, not whether the grant of authority is specific enough. " Id. (emphasis in original). "Either the enabling statute authorizes the rule at issue or it does not." Id. In addition, under the standard set forth in section 120.52(8), the Department's arguments as to the wisdom of the challenged portions of the rule in light of past experience with providing copying services to inmates, and the lack of arbitrariness in terms of the challenged provisions only app...
...As such, the language in section
20.315, relied on by both the Department and the circuit court as providing statutory authority for the challenged provisions of Rule 33-501.302, does not appear to contain a specific grant of legislative authority for those provisions under the standard set forth in section
120.52(8) as interpreted in Save the Manatee....
...Consequently, the language in section
944.09, relied on by the Department as providing statutory authority for the challenged provisions of Rule 33-501.302, also does not contain a specific grant of legislative authority for those provisions under the standard set forth in section
120.52(8) as interpreted in Save the Manatee....
...ohnson,
642 F.2d at 380 ("Allowing inmates to pay for and receive photocopies of the legal materials required by the courts is part of the `meaningful access' to the courts that inmates are constitutionally entitled to."). [4] The current version of section
120.52(8) cited here is identical in all material respects to the version that existed when appellant initiated the proceedings below. Compare §
120.52(8), Fla. Stat. (2004) with §
120.52(8), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...o not yet exist. To the extent that Chapters 657 and 659 reflect a purpose to confine commercial banks and credit unions to distinct financial roles, the Department may by rules define appropriate practices for credit unions and prohibit all others. Section 120.52(14), Florida Statutes *891 (1977); McDonald v....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 282539
...Specifically, he points to the rule governing physicians and psychiatrists as an example of a less-restrictive rule. See Fla. Admin. Code R. 64B8-9.008. [2] Appellant also argues *628 that the rule was an invalid exercise of delegated legislative authority under its new definition in section 120.52(8), Florida Statutes (1997), because the perpetuity rule has no relationship to the grant of authority to define "sexual misconduct." Dr....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...relying on general policies that are not tested in the rulemaking process, but it does not apply to every kind of statement an agency may make. Rulemaking is required only for an agency statement that is the equivalent of a rule, which is defined in section 120.52(15), Florida Statutes (1996), as a statement of "general applicability." An agency statement explaining how an existing rule of general applicability will be applied in a particular set of facts is not itself a rule....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 8774, 2001 WL 708801
...f Agrico Chemical Company v. Department of Environmental Regulation,
406 So.2d 478 (Fla. 2d DCA 1981). Because we hold that the third-party standing requirements of Agrico are not applicable, and Maverick has standing pursuant to sections
479.08 and
120.52(12)(a), Florida Statutes (1999), to challenge DOT's denial of Maverick's sign permit, we reverse....
...The competitors' own permits were not at issue in the case. The standing requirements under Agrico were for the third-party business competitors of Agrico, who needed to demonstrate a "substantial interest in the outcome of the proceeding" pursuant to section 120.52(10)(b), Florida Statutes (1977)(same as § 120.52(12)(b), Fla....
...h the proceeding is designed to protect). Although Maverick alleges the Agrico standing requirements, they are not required because Maverick is a specifically named person whose substantial interests *493 are being determined in the proceeding under section 120.52(12)(a), rather than section 120.52(12)(b)....
...The plaintiffs in Windom were not involved in any permitting process. The case is not applicable. Maverick does not seek a private cause of action against the owner of the Texaco sign permit under Chapter 479 as asserted by DOT. Rather, Maverick seeks a statutorily provided remedy pursuant to sections
479.08 and
120.52(12)(a), Florida Statutes (1999)....
...In the instant case, the applicant sought to place a sign on a separate piece of property and demonstrated no interest in the underlying property where the existing sign was located. I would not further extend the holding in Lamar to abrogate existing law concerning the initiation of revocation proceedings. NOTES [1] Section 120.52(12), Florida Statutes (1999) states: (12) "Party" means: (a) Specifically named persons whose substantial interests are being determined in the proceeding....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 2853458, 2014 Fla. App. LEXIS 9534
...r economic interests would be affected.
406 So.2d at 479 . The department granted the competitors’ standing to intervene based upon the hearing officer’s recommended order. Id. at 480-81 . The Second District reversed and found that, pursuant to section
120.52(10)(b), Florida Statutes, the competitors only had standing to intervene if they could establish that they had a substantial interest in the outcome of the proceedings by showing that: (1) they would “suffer injury in fact which is o...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 97994
...tive Procedure Act," only applies where a challenge is made to a State agency action. Chapter 120 does not apply to the regulations enacted by a County Commission, unless the county is expressly made subject to Chapter 120 by general or special law. Section
120.52(1)(c), Florida Statutes (1989). See also Sweetwater *227 Utility Corp. v. Hillsborough County,
314 So.2d 194 (Fla. 2nd DCA 1975) (Board of County Commissioners of Hillsborough County held was not to be an "agency" within the meaning of Section
120.52(1)(c) in the absence of a general law, special law or existing judicial decisions.)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 422515
...tatutes. The order held the proposed rules invalid exercises of delegated legislative authority. We affirm, *101 because the rule at issue in this appeal was not authorized by section
550.0251, Florida Statutes, under the 1996 amendments to sections
120.52(8) and
120.536(1), Florida Statutes....
...the regulations were deemed valid so long as they were reasonably related to the purposes of the enabling legislation and were not arbitrary and capricious. The ALJ concluded, however, that this principle had been repealed by the 1996 amendments to section
120.52(8) and the creation of section
120.536(1), Florida Statutes....
...1D-2.002. Moreover, the ALJ concluded that because there was no grant of specific legislative authority, the rule was an invalid exercise of delegated legislative authority. Appellant first argues that the ALJ erred in her interpretation of sections
120.52(8) and
120.536(1), Florida Statutes (Supp.1996), by requiring a specific grant of authority, as opposed to a specific law to be implemented....
...96 amendments to Florida's Administrative Procedure Act. As we explained in St. Johns River Water Management District v. Consolidated-Tomoka Land Co.,
717 So.2d 72 (Fla. 1st DCA 1998), the 1996 legislature intended, through its enactment of sections
120.52(8) and
120.536(1), Florida Statutes (Supp.1996), to overrule earlier Florida decisions to the extent that they had held a rule was a valid exercise of delegated legislative authority if it was reasonably related to the enabling statute and not arbitrary or capricious....
...Although the result we reach in the instant caseapproval of the ALJ's order invalidating the ruleis not the same as that decided in St. Johns, we adopt the reasoning employed therein. We reiterate that the term "particular powers and duties granted by the enabling statute," as used in amended sections
120.52(8) and
120.536(1), [2] requires a determination of whether the rule "falls within the range of powers the Legislature has granted to the agency for the purpose of enforcing or implementing the statutes within its jurisdiction." Id....
...ensees and for the holding, conducting, and operating of all racetracks, race meets, and races held in this state." This general grant of rulemaking authority, while necessary, is not sufficient to validate rule 61D-2.002 under the 1996 amendment to section
120.52(8). A specific law to be implemented was also required, and nothing in this subsection identifies the power that the rule attempts to implement, i.e., to search. If the rule is to pass the test demanded by sections
120.52(8) and
120.536(1), it must do so through the powers delegated generally to the Division under section
550.0251....
...See Ex parte Knight,
52 Fla. 144,
41 So. 786 (1906). A restrictive interpretation of section
550.0251 is also supported by pertinent provisions of the Administrative Procedure Act, and the analysis employed in St. Johns. There we commented that the language in section
120.52(8)(b), providing that a rule may be determined invalid if "[t]he agency has exceeded its grant of rulemaking authority," applies to the adequacy of the grant of rulemaking authority. St. Johns, No. 97-2996,
717 So.2d at 81. This provision should be read in pari materia with that in the closing paragraph of sections
120.52(8) and
120.536(1), empowering an agency to "adopt only rules that implement, interpret, or make specific the particular powers and duties granted by the enabling statute," and stating specifically that "[s]tatutory language ......
...terinarians, Division Judges/Stewards, Regional Managers, and Auditing Field Personnel. All Division personnel authorized to conduct searches must follow the Division or Pari-Mutuel Wagering's Search Guidelines, herein incorporated by reference. [2] Section 120.52(8) provides: A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required....
CopyCited 2 times | Published | District Court, M.D. Florida
...art. IX, § 4 (establishing governance of Florida's public education system in each county by elected members of district school boards); Fla. Stat.
1.01(8) (defining political subdivision to include "all other districts in this state"); Fla. Stat. §
120.52 (1)(a) and (6) (defining state agency to include local school districts); Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...e. Id.; see also Barrow v. Holland,
125 So.2d 749, 752 (Fla.1960) (the constitution requires that agency rules include standards to guide regulated persons or entities in complying with the rule and to govern the agency in applying it). Accordingly, section
120.52(8)(d), Florida Statutes, provides that a rule that is vague, fails to establish adequate standards for agency decision, or vests unbridled discretion in the agency constitutes an invalid exercise of delegated legislative authority....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 133567
...The power to issue the writ of prohibition is predicated on appellate review and supervisory power. See, Leonard v. Morgan,
548 So.2d 803 (Fla. 1st DCA 1989), State ex rel. Sentinel Star Company v. Lambeth,
192 So.2d 518 (Fla. 4th DCA 1966) and State ex rel. Gerstein v. Schulz,
180 So.2d 367 (Fla. 3d DCA 1965). Section
120.52(1)(b) defines "agency" as each state officer and each state department, commission and authority, including those described in chapter 163....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 803
...The Administrative Procedure Act twice provides that an “agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have the authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation.... ” §§
120.52(8),
120.536, Fla....
...oposed rule as statutory authority. See Capeletti Bros., Inc. v. Department of Transportation,
499 So.2d 855 (Fla. 1st DCA), rev. denied,
509 So.2d 1117 (Fla.1987).” Fla. League of Cities v. Dep’t of Ins.,
540 So.2d 850, 865 (Fla. 1st DCA 1989). Section
120.52(8), Florida Statutes (2003), lists the circumstances under which a proposed or existing rule is invalid, and specifies that the rule is invalid if any one of the following applies: (a).......
...s.
120.54(3)(a)l.; (c) The rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s.
120.54(3)(a)l. [[Image here]] 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)....
...se children,” B.Y. v. Dep’t of Child. & Fams.,
887 So.2d 1253, 1256 (Fla.2004), absent any statutory exemption, the Administrative Procedure Act applies to DCFS, no less than to every other “state department, and each departmental unit.” §
120.52(l)(b)(l.), Florida Statutes (2003)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 5006
...Florida Department of Offender Rehabilitation v. Jerry,
353 So.2d 1230 (Fla. 1st DCA 1978); Professional Firefighters of Florida, Inc. v. Department of Health and Rehabilitative Services, State of Florida,
396 So.2d 1194 (Fla. 1st DCA 1981). Under Section
120.52(16), Florida Statutes (1987), "rule" is defined as: ......
...escribes law or policy or describes the organization, procedure, or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. Under Section 120.52(8)(a), Florida Statutes (1987), a proposed or existing rule is an invalid exercise of delegated legislative authority if: (a) The agency has materially failed to follow the applicable rulemaking procedures set forth in s....
...by rules or forms promulgated according to the APA. Therefore, since the requirements that an applicant file right of occupancy information and submit documentation verifying any financial arrangements in DBR 700L meet the definition of a rule under Section
120.52(16), and DBR 700L was not filed with the Secretary of State, violating Section
120.54, Florida Statutes (1987), the hearing officer's final order finding DBR *174 700L an invalid exercise of delegated legislative authority must be affirmed. According to Section
120.52(16)(a), a rule is not: (a) Internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum....
...e requirements established in the DABT's policy Section 302. No other standard definition of a completed application exists, and it is to be applied uniformly and generally to the public at large. It clearly does not fall within the exceptions under Section 120.52(16)(a)....
...Thus, we find the DABT's assertion that Section 302 was irrelevant to their denial of Martin County Liquor's application because their field office accepted the incomplete application to be without merit. The DABT's policy Section 302 meets the definition of a rule pursuant to Section 120.52(16), and because it was not promulgated as such, it constitutes an invalid exercise of delegated legislative authority....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19125
...Commission's action an abuse of discretion. Section
120.68(12), Administrative Procedure Act; Corte v. Dept. of Administration, Career Service Commission,
386 So.2d 875 (Fla. 1st DCA 1980). [4] It should be noted that under the express provisions of Section
120.52(10)(d), Florida Statutes, prisoners (and parolees) have no access to Section
120.57 proceedings, and are thus barred from the remedy available generally to substantially affected parties of presenting a rule challenge in connection with other grievances cognizable under
120.57....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 WL 405485
...ice for lack of standing to bring this challenge. II. Standing Section
120.569(1), Florida Statutes (2003), states "[t]he provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency." Section
120.52(12)(b), Florida Statutes (2003), defines "party" as "[a]ny other person who, as a matter of constitutional right, provision of statute, or provision of agency regulation, is entitled to participate in whole or in part in the proceeding...
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...*194 2. Authority, including a regional water supply authority. 3. Board, including the Board of Governors of the State University System and a state university board of trustees when acting pursuant to statutory authority derived from the Legislature. § 120.52(1)(b), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Despite the fact that the order is a ruling on a matter before the hearing officer, the hearing officer is not an agency head, and the Division of Administrative Hearings is not an agency responsible for final agency action in Section
120.57 proceedings. See Section
120.52(1), (2), (3), Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 13154, 1996 WL 229128
...Beach v. Vaillant,
419 So.2d 624, 626 (Fla.1982). As Judge Cope's dissent correctly states, the Florida Administrative Procedure Act does not apply to county personnel appeals and so the circuit court in this *132 instance applied the incorrect law. Section
120.52(1)(C), Fla.Stat....
...Applying the Florida APA, the circuit court ruled that the County Manager *136 should not have overturned the factual findings of the hearing examiner. [2] The circuit court erred by utilizing the Florida APA, because it does not apply to County personnel appeals. See § 120.52(1)(c), Fla.Stat....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The doctor also contends that the order is invalid facially in that it does not contain findings of fact or conclusions of law as required by section 120.59(1), Florida Statutes (1985). However, that statute applies to final orders, and the record does not show that such an order was involved here. See § 120.52(10), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 100 Educ. L. Rep. 1201
...are arbitrary and capricious, Department of Admin., Div. of Retirement v. Albanese,
445 So.2d 639, 641 (Fla. 1st DCA 1984) (citation omitted), or that the rule is otherwise an invalid exercise of delegated legislative authority within the meaning of section
120.52(8), Florida Statutes (1993)....
...ory grounds, we turn first to p[etitioner]s' statutory claim[s]." Silver Rose Entertainment, Inc. v. Clay County,
646 So.2d 246, 248 (Fla. 1st DCA 1994), review denied, No. 84,875, ___ So.2d ___ (Fla. April 12, 1995). Although appellants do not cite section
120.52(8), Florida Statutes (1993), they maintain that the rule they have challenged is an invalid exercise of delegated legislative authority, on several bases enumerated in the statute. An "invalid exercise of delegated legislative authority" is defined in section
120.52(8), Florida Statutes, in part as follows: (8) "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
...120.54(7); (d) The rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency. (e) The rule is arbitrary or capricious. In effect, appellants argue that the "agency has exceeded its grant of rulemaking authority," § 120.52(8)(b), Fla. Stat. (1993), that the rule "enlarges, modifies, or contravenes the specific provisions of law implemented," § 120.52(8)(c), Fla. Stat. (1993), and that the rule "vests unbridled discretion," § 120.52(8)(d), Fla....
...(1993), an agency rule that confers standardless discretion insulates agency action from judicial scrutiny. By statute, a rule or part of a rule which "fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency," § 120.52(8)(d), Fla....
...tablish instructional programs and academic curricula on their campuses. Florida Administrative Code Rule 6C-7.003(9) does not alter the scope of this traditional discretion. But the rule "fails to establish adequate standards for agency decisions," § 120.52(8)(d), Fla....
...(1993), for or against employing the "negative checkoff," i.e., collecting "donations" from registering students unless they expressly decline to contribute. In this one respect, Florida Administrative Code Rule 6C-7.003(9) itself "vests unbridled discretion in the agency." § 120.52(8)(d), Fla....
...In leaving this decision to university presidents, the questioned rule recognizes discretion the governing statutes have conferred. To the extent the rule requires a choice that the statutes did not require, however, the rule itself confers discretion. This runs afoul of section 120.52(8), Florida Statutes (1993), because no standards guide the discretion....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ition of senior
state governmental officers”).
5 Florida’s Administrative Procedures Act defines “agency head” as “the person or
collegial body in a department or other governmental unit statutorily responsible
for final agency action.” § 120.52(3), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19039
...Further, we perceive no prejudice in allowing Szkolny to pursue his hearing before the State Awards Committee. Should it develop that the University Awards Committee or the employing agency claims an interest in the matter, the APA provides for intervention. See Section 120.52(10), (11), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 1001247
...The majority also concludes that under Florida Administrative Code Rule 3853.002(3)(d), [2] out-of-state health care providers are not required to be certified. In my judgment, this authority has no applicability to independent medical examiners. Florida's Administrative Procedure Act, section 120.52(8), Florida Statutes (1999), empowers agencies to "adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute." Moreover, statutory language generally describing powers of an agency "sha...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 558983
...mendment of same. [3] This conclusion is made evident by an examination of relevant provisions of the APA relating to rule invalidation. Rules may be abolished if they are found to constitute an "invalid exercise of delegated legislative authority." Section 120.52(8), Florida Statutes (Supp.1996), defines that term as an "action that goes beyond the powers, functions, and duties delegated by the Legislature." Subsection (8) enumerates the following seven circumstances in which a proposed or exis...
...ulatory costs on the regulated person, county, or city which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives. An agency's authority is further limited by the concluding paragraph to section 120.52(8), which provides in part: An agency may adopt only rules that implement, interpret, or make specific the particular powers and duties granted by the enabling statute.......
...e existing, unchallenged rules. In our opinion, the primary means for examining the validity of a ruleexisting or proposedcontinues to be whether the contested rule falls within the "particular powers and duties granted by the enabling statute." § 120.52(8), Fla....
...3, 1998), the ALJ below erroneously applied the preponderance-of-the-evidence standard in reaching his decision to invalidate the proposed rules, when the only evidentiary burden statutorily required is that of competent, substantial evidence. See § 120.52(8)(f), Fla....
...gency in time to ensure that a copy of the agenda may be received at least 7 days before the event by any person in the state who requests a copy and who pays the reasonable cost of the copy." This provision was transferred by the 1996 amendments to section 120.525(2)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 10104, 1997 WL 536031
...ich had a density of less than one structure per five acres as of December 18, 1990. The amendments also restrict, but do not eliminate, docks. There was evidence that 867 islands would be affected by these rules. Lost Tree contends that pursuant to section 120.52(8)(b), Florida Statutes (1991), IITF has exceeded the rule making authority delegated to it by the legislature, arguing that, although the legislature has adopted a number of regulatory programs which affect islands like these, it has not chosen to prohibit their development....
...Lost Tree’s argument on retro-activity here is simply an attempt to reliti-gate the same issue which was already determined adversely to Lost Tree in the decision upholding the moratorium, and is thus without merit. Lost Tree next argues that the amendments are invalid as being arbitrary or capricious under section 120.52(8)(e), because the amendments force development choices which could be worse for the submerged land than the prohibited activities....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 366884
...1st DCA 1990), wherein this court held: All rulemaking authority delegated to administrative agencies is of course limited by the statute conferring the power. Department of Professional Regulation v. Florida Society of Professional Land Surveyors,
475 So.2d 939, 942 (Fla. 1st DCA 1985). According to section
120.52, Florida Statutes, a proposed rule is an invalid exercise of delegated legislative authority if it "goes beyond the powers, functions, and duties delegated by the Legislature." If the agency has exceeded its grant of rulemaking authority, or if the rule enlarges, modifies, or contravenes the specific provisions of law implemented, such infractions are among those requiring a conclusion that the proposed rule is an invalid exercise of delegated legislative authority. s.
120.52, F.S....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 821070
...120.54(1)(a). An agency statement is invalid under these statutory provisions, however, only if it falls within the definition of a rule. The Administrative Procedure Act identifies the agency statements that qualify as rules and those that do not. Section 120.52(15), Florida Statutes defines a rule as follows: "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements for an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. The term also includes the amendment or repeal of a rule. *381 Section 120.52(15) then lists three general classes of agency statements that do not fall within the definition of a rule....
...ich do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum." Whether the Department's policy meets the definition of a rule in section 120.52(15) depends, in a broad sense, on the kind of governmental power the Department purports to exercise....
...gislative power to regulate rulemaking, but the court must also ensure that the definition of a rule is not applied so broadly that it includes executive branch functions within its scope. Based on these general principles, and our interpretation of section 120.52(15), we conclude that the Department's policy regarding after-hours employment falls within the exception for internal management memoranda....
...s. We concluded that the agency policies did not qualify as internal management memoranda because they impaired a right protected *382 by state law. The "private interest" affected by the agency policies was the kind of interest that is protected by section 120.52(15)(a)....
...nary standards are included within the exception for internal management memoranda. For these reasons, we emphasize that our holdings in Schluter and Reiff are limited to situations in which the agency policy violates a protected right. According to section 120.52(15)(a), an agency statement affecting a "private interest" is not an internal management memorandum. The interest referred to in the statute is not a business opportunity, as in the present case, but an interest protected by a legal right. In our view, this interpretation of section 120.52(15)(a) is necessary to preserve the executive authority vested in the agencies....
...statements, and that such procedure `is not a matter of agency discretion.' §
120.54(1), Fla. Stat. (Supp.1996)." (footnote incorporated in text)); Dann,
400 So.2d at 1305; Stevens,
344 So.2d at 296. Stripped of its judicial gloss, the language of section
120.52(15)(a), Florida Statutes (1997), might well support an exception that would exempt from the Administrative Procedure Act's rulemaking requirements any directive from an administrative agency to its employees as long as *386 the directi...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...egotiation of the Seminole
Compact,” although the reason was ultimately irrelevant.
8
the procedure or practice requirements of an agency . . . . The term also includes
the amendment or repeal of a rule.” § 120.52(16), Fla. Stat. (emphasis added).
“To constitute ‘rulemaking’ a rule repeal is required to satisfy independently
the remainder of the definition of a ‘rule’ in section 120.52(16) ....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...ten elsewhere in the APA, see Dept. of Offender Rehab. v. Jerry,
353 So.2d 1230 (Fla. 1st DCA 1978), cert. den.,
359 So.2d 1215 (Fla. 1978)-includes all prisoners, for they are not barred from Section
120.54(5) remedies by the restrictions stated in Section
120.52(10)....
...e Commission pursuant to Section
120.565, and Commission determinations of presumptive and effective parole release dates, parole rescission determinations, parole revocation orders, and other final agency decisions which are equivalent to "orders." Section
120.52(2), (9)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...minimums would implicitly supersede the statutory minimum
provided by the prior version of section
395.402(4); and (3) it vests
the Department with unbridled discretion to permit it to reserve
trauma center slots for TSAs that have not satisfied their rule
minimum. See §
120.52(8)(c) & (d), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...t Court of Appeal, pursuant to the Administrative Procedure Act. The trial court disagreed and this appeal ensued. Appellant contends that the School Board's action in establishing the boundaries under attack is "agency action" within the purview of Section 120.52(2), Florida Statutes (1976)....
...ition for declaratory decree and injunction. In addition, the appellees suggest that, even if the Administrative Procedure Act were otherwise applicable to this decision of the School Board, appellees are not "parties" to that decision as defined in Section
120.52(10) Florida Statutes (1976), and, thus, they would have no standing to pursue review pursuant to Section
120.68, Florida Statutes (1976)....
...rative Procedure Act will be inadequate to afford warranted relief. Therefore, we hold that the appropriate avenue of review is in the District Court of Appeal. Finally, we reject appellees' contention that they are not parties within the meaning of Section 120.52(10)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Williams argued that the Board's grant of the variances was improper for various reasons which are not germane to the disposition of this petition. The Board argued that the circuit court was without jurisdiction to hear the petition for writ of certiorari because the Board was an agency as defined in §
120.52(1)(b), Fla. Stat., and ultimately requested that the cause be transferred to this court. The circuit court found that the Board is not an agency as defined by §
120.52(1), nor within the purview of §§
120.68(1),.68(2), Fla....
...r writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. We agree with the finding of the trial judge that the Board is not an agency within *246 the purview of chapter 120. Section 120.52(1)(b) defines an agency as: Each other state officer and each state department, departmental unit described in s....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 2167981
...) the party was adversely affected by the action. See Legal Envtl. Assistance Found., Inc. v. Clark,
668 So.2d 982, 986 (Fla.1996). The first and second elements are not in dispute here. However, rather than being a "party" as the term is defined in section
120.52(12), Norkunas is in fact a member of the FBC, and cast the sole dissenting vote on the waiver application at issue....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 7050, 2014 WL 1882209
PER CURIAM. The Bay County Property Appraiser files a petition for writ of mandamus seeking to compel the Department of Revenue to file a “probable cause review” document with the agency clerk as a “final order” in accordance with section 120.52(7), Florida Statutes (2013) (defining a “final order” as a “written final decision ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18946
...o redefine by rule, [2] I would conclude that the rule in question does not have that effect, however useful the rule may be in prescribing a procedure for reconsideration subject to the statutory standards of finality for appeal purposes. NOTES [1] § 120.52(9): "......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 12384
...But for the memorandum, each of the petitioners would be likely, on occasion, to have more visitors than allowed under the February 18, 1982 memorandum. Each of the petitioners is therefore substantially affected by the memorandum and has standing to maintain this proceeding. 2... . Section
120.52(1)(d), Florida Statutes, defines "agency" to include: Each other state office and each state department, departmental unit described in Section
20.04, commission, regional planning agency, board, district, and authority ......
...The superintendent's memorandum applies to everyone subject to the superintendent's power. It applies to future not past occurrences, and establishes a new policy to be followed in the future. Its applicability is thus general, and it constitutes a rule within the meaning of Section 120.52(14), Florida Statutes....
...olicy and Procedure Directive. Both the memorandum and the Policy and Procedure Directive constitute agency statements of general applicability that implement policy. They thus constitute rules within the meaning of the Administrative Procedure Act. Section 120.52(14), Florida Statutes....
...nts of Section 945.21, Florida Statutes. In so concluding, we note that Rule 33-1.07(4), as amended July 29, 1981, provides that: (4) Any material contained in such Directives and Operating Procedures that meets the definition of "rule" contained in Section 120.52(14), Florida Statutes, shall be promulgated as a rule of the Department, unless specifically exempted by Florida Statute....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The appellants have timely brought for review their challenge to that portion of the final order of date June 15, 1978, entered by the hearing officer of the Division of Administrative Hearings wherein it was held and determined: "3. The scoring criterion is a rule within the meaning of the APA, F.S. § 120.52(14)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1994 WL 81811
...It held that the Administrative Procedure Act did not contemplate review of judicial settlement agreements and that the matter was not final agency action. Appellants appeal this final order to this court. The crux of the issue on appeal is whether the stipulation constitutes agency action. Section 120.52(2), Florida Statutes (1991), provides as follows: "Agency action" means the whole or part of a rule or order, or the equivalent, or the denial of a petition to adopt a rule or issue an order....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 764965, 2013 Fla. App. LEXIS 3325
...Appellant raised rule 691^10.103 as an affirmative defense to Signature’s claims. While Signature’s lawsuit was pending, Appellee filed an administrative challenge to rule 691-40.103. Appellee alleged that the rule was an invalid exercise of delegated legislative authority pursuant to section 120.52(8), Florida Statutes....
...The administrative law judge (“ALJ”) disagreed and denied the motion to dismiss. After considering the submissions of the parties, the ALJ entered a final order in favor of Appellee. The ALJ determined that “rule 691-40.103 constitutes an invalid exercise of delegated legislative authority in violation of subsection 120.52(8)(b) and (d).” Appellant asserts as its threshold issue that Appellee lacked standing to initiate the rule challenge....
...te. Without an explicit power or duty identified in the enabling statute, the rule is an invalid exercise of delegated legislative authority. Sw. Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594, 599 (Fla. 1st DCA 2000); see also §
120.52(17), Florida Statutes (2012) (defining “rulemaking authority”). Section
120.52(8), Florida Statutes (2012), defines “invalid exercise of delegated legislative authority,” in pertinent part, as action that goes beyond the powers, functions, and duties delegated by the Legislature....
...h the ALJ’s interpretation of section
17.29 and her conclusion on this point. In addition to listing section
17.29 as its specific authority, rule 691-40.103 also lists sections
17.001,17.03, and
215.42, Florida Statutes, as “law implemented.” Section
120.52(2), Florida Statutes (2012), defines “law implemented,” as “the language of the enabling statute being carried out or interpreted by an agency through rulemaking.” As it did below, Appellant also contends that section
17.29(1) and
17.03(1) together provide sufficient authority for the rule....
...tion with *728 section
17.29, does not provide a specific grant of legislative authority for rule 691-40.103. The ALJ also found rule 691-40.108(6) invalid as too vague and subject to inconsistent application. An administrative rule is invalid under section
120.52(8)(d), Florida Statutes, if it forbids or requires the performance of an act in terms that are so vague that persons of common intelligence must guess at its meaning and differ as to its application....
...Therefore, since there are no sufficient explicit standards for applying rule 691 — 40.103(6), the challenged rule is subject to inconsistent application and leaves [Appellant] with unbridled discretion. Consequently, rule 691-40.103(6) is vague and an invalid exercise of delegated legislative authority in violation of section 120.52(8)(d)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2751035, 2014 Fla. App. LEXIS 9190
...interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule.” §
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 by this section as soon as feasible and practicable.” §
120.54(l)(a)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 1306019
...Nevertheless, we believe that even under a stricter standard, the absolute insurer rule at issue in this case represents a valid exercise of delegated legislative authority. The applicable standards for determining the validity of an administrative rule are set forth in section 120.52(8), Florida Statutes, which defines an invalid exercise of delegated legislative authority and identifies the circumstances which constitute an invalid exercise of delegated legislative authority. The standards set forth in the closing paragraph of section 120.52(8) require that an agency only has authority to adopt rules which are related to a specific grant of powers: An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute....
...eting the specific powers and duties conferred by the same statute. (Emphasis added). In Southwest Florida Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594 (Fla. 1st DCA 2000), this court examined the language in the 1999 amendment to section
120.52(8), quoted above. There we found that a significant feature of section
120.52(8), as amended, does not permit an agency to adopt a rule only because it is "reasonably related." Id....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...SFRPC contends that the subject binding letter of interpretation is in violation of the material provisions of Chapter 120. However, under Chapter 120 only a "party" who is adversely effected by a rule or order has statutory standing to challenge the rule or order. A "party" is specifically defined in Section 120.52(10) as follows: "(a) Specifically named persons whose substantial interests are being determined in the proceeding....
..."(c) Any other person, including an agency staff member, allowed by the agency to intervene or participate in the proceedings as a party. An agency may by rule authorize limited forms of participation in agency proceedings for persons who are not eligible to become parties." Whether SFRPC was a "party" within the meaning of Section 120.52(10) must be considered together with Chapter 380....
...eview was sought. Accordingly, the agency action became final and is res judicata as to all of the parties and may not be challenged collaterally by SFRPC. Further, even if SFRPC made no appearance by its letter of November 7, 1975, but, pursuant to Section 120.52(10) had the right to do so, having had actual notice of the proceedings it waived the right and is estopped from challenging the binding letter....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2174850
...mits *159 in the agency's computer system and in response to budgetary problems at DOH. While AHCA's decision with respect to appellant's plan under the BSCIP waiver is not "an agency statement of general policy," and thus not a "rule" as defined in section 120.52(15), Florida Statutes (2005), in interpreting the definition of "companion services" under the waiver application to include the companion care authorized appellant from June 2002 through June 2005, AHCA was applying an agency policy....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Because information-gathering activities of staff for the South Florida Regional Planning Council neither involved the entry of a rule or order nor determined substantial interests or otherwise precluded a point of entry into the agency's decision-making process, there was no reviewable "agency action" under Section 120.52(2) and (10), Florida Statutes (1983) and Florida Administrative Code Rule 28-5.111....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1621440
...1st DCA 2002), only because the judge used the wrong standard of review of the evidence. A person "substantially affected" by a rule may seek an administrative determination that the rule is an invalid exercise of delegated legislative authority. See §
120.56(1)(a), Fla. Stat. (2002). As pertains to this case, section
120.52(8), Florida Statutes (2002), states: "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
...The Board cited sections
458.309(1) and
458.331(1)(v) as specific authority for adopting the rule. See Fla. Admin. Code R. 64B8-9.009. The issue presented is whether the provisions of section
458.303 limit the Board's ability under section
458.331 to promulgate this rule. Section
120.52(8) provides that a rule is invalid when "[t]he agency exceed[s] its grant of rulemaking authority, citation to which is required," §
120.52(8)(b), or "[t]he rule enlarges, modifies, or contravenes the specific provisions of law implemented." §
120.52(8)(c). Further, the rulemaking authority should be "construed to extend no further than implementing or interpreting the specific powers and duties conferred by the same statute." §
120.52(8) (emphasis added)....
...Instead of simply prohibiting CRNAs from administering anesthesia under the supervision of the surgeon, the Board provides grounds for disciplining the surgeon if he supervises the CRNA. Either way, section
458.303(2) prevents the use of rulemaking authority for this purpose. The rule is also invalid under section
120.52(8)(c) because it modifies the terms of the specific provisions of the law implemented....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 11005, 2007 WL 2065777
...r this Court. Therefore, we must address the issue of our jurisdiction on the merits based upon the record before us. In urging that Canaveral is an "agency," Appellant directs our attention to the statutory definition of "agency," and in particular section 120.52(1)(b)2., which includes within the definition of agency, "each Authority, including a regional water supply authority." In making this argument, Appellant overlooks the fact that, although the Act names Canaveral's governing body an "A...
...erate, and tax residents, within a specific geographic region of Brevard County. As such, it does not fall within the definition of agency because its jurisdiction is wholly within Brevard County, and it is not expressly made subject to the APA. See § 120.52(1)(c), Fla....
...of the APA because it does not have statewide or regional jurisdiction. In Rubinstein v. Sarasota County Public Hospital Board,
498 So.2d 1012 (Fla. 2d DCA 1986), the court considered whether the hospital board was an agency within the definition of section
120.52(1)(b)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 10702, 32 Fla. L. Weekly Fed. D 1670
...The first question to be answered in this appeal is whether the provisions of the APA apply to the charter school termination process set forth in Florida Statutes section
1002.33. The APA applies to agencies, including educational units, which include local school districts such as the School Board. §
120.52(1)(b)7., (6), Fla....
...Conspicuously absent in section
1002.33 is any provision exempting the School Board's termination decision from the provisions of the APA. Based on our reading of chapter 120 and section
1002.33, we conclude that the process leading to the School Board's termination decision was subject to the APA. Under section
120.52, the School Board is an agency to which the APA generally applies....
...Additional procedures apply in cases involving disputed issues of material fact. §
120.57(1), Fla. Stat. Other provisions of the APA apply more generally to agency action outside the realm of decisionmaking that determines substantial interests. Under section *44
120.525, an agency is required to "give notice of public meetings, hearings, and workshops by publication in the Florida Administrative Weekly not less than 7 days before the event" and include a "statement of the general subject matter to be considered," unless the meeting is held on an emergency basis. Agendas for meetings are also required to be prepared seven days in advance. §
120.525(2). Agencies may hold meetings on an emergency basis if there is "an immediate danger to the public health, safety, or welfare" which requires immediate action. §
120.525(3), Fla....
...publishes in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure is fair under the circumstances." § 120.525(3), Fla....
...These general provisions include ninety days' notice and informal hearings upon request prior to termination. The second question central to this appeal can be resolved by analyzing the interaction between chapters 120, 1001, and 1002. Chapters 120 and 1001 are easily reconcilable. Although section
120.525 requires seven days' notice of agency meetings and the preparation of the meeting *45 agenda at the same time, section
120.81(1)(j) clearly provides an APA exception for school board meetings indicating that the agenda must be prepare...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...alifies as a "party." Id. (quoting §
120.569(1), Fla. Stat.). The definition of "party" in chapter 120 is a broad one. For our purposes, it includes "[s]pecifically named persons whose substantial interests are being determined in the proceeding ." §
120.52(13)(a), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 188, 2005 WL 74097
...are also jointly and severally liable for completion of the required actions, consistent with the `Corrective Actions for Contaminated Site Case.'" Kerper argues that DEP's document entitled, "Corrective Actions for Contaminated Site Cases" ("CACSC") constitutes an unpromulgated rule. We agree. Section 120.52(15), Florida Statutes (2003) defines an agency rule, in part, as an "agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency an...
...removal or disposal standards ..." §
376.303(1)(a), Fla. Stat. (1987-2003). More generally of course, section
120.54(1)(a), Florida Statutes (2003) clearly states, "Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s.
120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable." At oral argument, DEP conceded that it has failed to promulgate agency rules regarding contaminated site rehabilitation as required by section
376.30701....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 5047
...Gen., and Claire D. Dryfuss, Asst. Atty. Gen., for appellee. ALLEN, Judge. The appellant is a prison inmate appealing an agency order entered in a section
120.56, Florida Statutes, rule challenge proceeding. The appeal was pending on July 1, 1992, when section
120.52(12)(d), Florida Statutes (Supp....
...w cause in this and various other prisoner appeals currently pending under section
120.68. Having now fully considered all of the respondents to these orders, and none of the respondents having demonstrated any legal impediment to the application of section
120.52(12)(d) as amended, we conclude that in accordance with Rothermel the amended statute may apply to pending cases and requires the dismissal of such appeals....
...d, thereby impacting the relief available to a party who is not substantially or adversely affected as indicated in Jerry. However, neither the distinction in the criteria for standing, nor the repeal of section 120.30, should affect the validity of section 120.52(12)(d) as amended....
...ave demonstrated that they are in such an affected class, or that they are unable to obtain relief outside the ambit of chapter 120. This appeal under section
120.68 no longer being authorized by law, as no reason has been shown why the amendment to section
120.52(12)(d) should not apply, the appeal is dismissed....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 WL 46515
...ate”
Amerisure’s 2009 “excess credits.” An “unadopted rule” is “an agency statement
that meets the definition of the term ‘rule,’ but that has not been adopted pursuant
to the requirements of” section
120.54, Florida Statutes. §
120.52(20), Fla....
... implements, interprets, or prescribes law or policy or describes the procedure or
practice requirements of an agency and includes any form which imposes any
requirement or solicits any information not specifically required by statute or by an
existing rule.” § 120.52(16), Fla....
...The term “rule” does not include
“[i]nternal management memoranda which do not affect either the private interests
of any person or any plan or procedure important to the public and which have no
application outside the agency issuing the memorandum.” § 120.52(16), (16)(a).
See State Bd....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1428, 2011 WL 362416
...4 It is self-evident that the permit applicant has standing to challenge the denial of its own application. The applicant is a “party” to the permitting proceeding by operation of law because it is the specifically named person whose substantial interests are being determined by the agency’s denial of the permit. See § 120.52(13)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 616602, 2013 Fla. App. LEXIS 2620
...An administrative agency is empowered to adopt rules when a statute grants rule-making authority and when there is a specific law to be implemented. §
120.536(1), Fla. Stat. (2009) (“An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute.”); see also §
120.52(8)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 2129, 2008 WL 420039
...ida consolidated return was not filed and Florida corporate income tax returns were not filed for all members” of the group. We must decide whether the Florida SRLY rule is “an invalid exercise of delegated legislative authority” prohibited by section 120.52(8)(c), Florida Statutes, because it “enlarges, modifies, or contravenes the specific provisions of law implemented.” B. Section 120.52(8) tells us that [a] grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required....
...With these principles in mind, it seems to us relatively clear that the Florida SRLY rule is “an invalid exercise of delegated legislative authority” because it “enlarges, modifies, or contravenes the specific provisions of law [purportedly] implemented” in violation of- section 120.52(8)(c), Florida Statutes....
...For these reasons, we conclude that the rule (Fla. Admin. Code R. 12C-1.013(14)(j)) impermissibly “enlarges, modifies, or contravenes the specific provisions” of those two statutes and, therefore, “is an invalid exercise of delegated legislative authority” prohibited by section 120.52(8)(c), Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18651, 2010 WL 4967709
...The case was submitted to the ALJ for disposition based upon stipulated facts, proposed final orders, legal memoranda, and oral argument. The ALJ entered a final order finding the rule to be an invalid exercise of delegated legislative authority under section 120.52(8)(b) and (c), Florida Statutes (2009)....
...dopt the rule. The Commission further contends that notwithstanding the repeal of the statutory definition of willfulness, the rule does not contravene the law being implemented by the rule. Each point will be discussed in turn. Rulemaking Authority Section 120.52(8)(b) provides that a rule is an invalid exercise of delegated legislative authority if "[t]he agency has exceeded its grant of rulemaking authority." Additionally, the so-called "flush left" paragraph at the end of section 120.52(8) provides: A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required....
...of the Internal Improvement Trust Fund v. Day Cruise Ass'n, Inc.,
794 So.2d 696, 700 (Fla. 1st DCA 2001) ("[A]gencies have rulemaking authority only where the legislature has enacted a specific statute, and authorized the agency to implement it . . . ."). In 2008, the Legislature amended section
120.52 to add a definition of "rulemaking authority." See Ch....
...This term, which had not previously been defined in chapter 120, was defined to mean "statutory language that explicitly authorizes or requires an agency to adopt, develop, establish, or otherwise create any statement coming within the definition of the term `rule.'" § 120.52(17), Fla....
...Association. However, by focusing on the word "explicitly" in determining that the grant of rulemaking authority relied on by the Commission did not provide the requisite authority for the challenged rule, it appears that the ALJ actually construed section 120.52(17) as a further restriction on agency rulemaking authority, rather than a mere codification, for emphasis, of the restrictions in existing law. This was error. There is nothing in the language of section 120.52(17) or its legislative history suggesting an intent to further restrict agency rulemaking authority beyond what was already expressed in the "flush left" paragraph in section 120.52(8), as construed by this court in Save the Manatee Club and subsequent cases. The use of the word "explicitly" in section 120.52(17) is consistent with the settled principle that agencies do not have implicit authority to adopt rules, [2] and the legislative history explains only that section 120.52 was amended to define terms that "are not currently defined." See Fla....
...th chapter 120 "where the statutory language directs or authorizes them to `adopt policies' or `establish criteria' or the like, even though the word `rule' is not used in the authorizing statute"). We are confident that had the Legislature intended section
120.52(17) to impose new and additional restrictions on agency rulemaking authority, there would be some indication of that intent in the legislative history and contemporaneous commentary, as was the case with the 1996 and 1999 amendments to section
120.52(8). See Day Cruise Ass'n,
794 So.2d at 699-700 (referring to the extensive commentary *13 on those amendments). Absent such, we conclude that the definition of "rulemaking authority" in section
120.52(17) was merely intended to codify existing law....
...defining "willful" clearly falls within the rulemaking authority provided by this statute. Accordingly, the Commission did not exceed its grant of rulemaking authority in adopting rule 2B-1.002, and the ALJ erred in declaring the rule invalid under section 120.52(8)(b). Law Implemented Section 120.52(8)(c) provides that a rule is an invalid exercise of delegated legislative authority if it "enlarges, modifies, or contravenes the specific provisions of the law implemented . . . ." The "law implemented" is the "language of the enabling statute being carried out or interpreted by an agency through rulemaking." § 120.52(9), Fla....
...determination of whether the legal standard has been met will be made based upon the evidence presented in each case. Accordingly, because rule 2B-1.002 does not contravene the statute it implements, the ALJ erred in declaring the rule invalid under section 120.52(8)(c)....
...creatures of statute with only those powers conferred by statute and that statutory provisions delegating rulemaking authority must be interpreted in light of the significant restrictions on such authority contained in the "flush left" paragraph in section
120.52(8)). [3] As we observed in Save the Manatee Club when construing the phrase "specific powers and duties" in section
120.52(8), "the ordinary meaning of the term `specific' is `limiting or limited; specifying or specified; precise, definite, [or] explicit.'"
773 So.2d at 599 (quoting Webster's New World College Dictionary 1287 (3rd Ed....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 WL 5152362
...resident and General Counsel, Gainesville, for Respondent. PER CURIAM. Respondent, an agency of the State of Florida subject to the Administrative Procedure Act, issued a final order but refuses to properly render it by filing it with the clerk. See § 120.52(7), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 1244426
...ore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner. Although a rule must "implement or interpret the specific powers and duties granted by the enabling statute," § 120.52(8), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 3403651
...luding an institutionalized spouse's transfer of assets to a community spouse after the date he signed a notice of spousal refusal to support the institutionalized spouse, and because the memorandum satisfied the definition of "rule," as provided in section 120.52(15), Florida Statutes, it was of no force and effect because it was unadopted....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...This is an appeal from a final order of the administrative law judge (ALJ) finding *991 two proposed rules, promulgated by the Department of Environmental Protection (DEP), valid. We affirm, but write only to discuss why the proposed rule is not an invalid exercise of delegated legislative authority under section 120.52(8)(c), Florida Statutes (2005)....
...s to the protection of fish and wildlife, and to section (3), which pertains to the prospective adoption of water reservations. The ALJ *992 then concluded that neither section constitutes an invalid exercise of delegated legislative authority under section 120.52(8)(c), Florida Statutes (2005)....
...Day Cruise Ass'n, Inc.,
794 So.2d 696, 701 (Fla. 1st DCA 2001) (citing §
120.68(7), Fla. Stat. (1999)). A rule is an invalid exercise of delegated legislative authority when it enlarges, modifies, or contravenes the specific provision of law implemented. §
120.52(8)(c), Fla. Stat. (2005). "Under section
120.52(8)(c), the test is whether a (proposed) rule gives effect to a `specific law to be implemented,' and whether the (proposed) rule implements or interprets `specific powers and duties.'" Day Cruise,
794 So.2d at 704 (citing §
120.52(8), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 151982
...When a rule is adopted, it must include a reference to the statutory provision being implemented. §
120.54(7), Fla. Stat. (1989). If the rule "enlarges, modifies, or contravenes the specific provisions of law implemented," then it is an invalid exercise of delegated legislative authority which must be invalidated. §
120.52(8)(c), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 432490
...56(2)(a), Fla. Stat. A proposed rule may be held invalid on a number of grounds, including that the agency has exceeded its rulemaking authority, that the proposed rule is arbitrary or capricious, or not supported by competent, substantial evidence. § 120.52(8), Fla....
...are not contrary to law. §
120.68(7)(b), (d), Fla. Stat. In the instant case, the order of the ALJ states: "Section
120.56(2), Florida Statutes,... requires the agency to establish by a preponderance of the evidence that the proposed rules satisfy [section
120.52(8) ]," and further states that Appellant "has not established by a preponderance of the evidence the proposed rules' validity." However, proof "by a preponderance of the evidence" is not required in Florida Statutes section
120.52(8), and the ALJ erred in imposing that burden on the agency....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 1121654, 2012 Fla. App. LEXIS 5296
...PA, and therefore this action must be transferred to circuit court. The APA applies only to those administrative bodies that come within the Act's definition of an "agency." In re Advisory Opinion of the Governor,
334 So.2d 561, 562 n. 2 (Fla.1976). Section
120.52(1) defines "agency" to mean the following officers or governmental entities if acting pursuant to powers other than those derived from the constitution: (a) ....
.... the Board of Governors of the State University System; . . . educational units; . . . . (Emphasis added). "Educational unit" includes a state university "when the university is acting pursuant to statutory authority derived from the Legislature." § 120.52(6), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 6312, 2012 WL 1392660
...Board of Com’rs of North Broward Hosp. Dist.,
720 So.2d 1151 (Fla. 4th DCA 1998); Bryant v. Beary,
665 So.2d 385 (Fla. 5th DCA 1996). The Act limits the definition of an agency to persons or entities “acting pursuant to powers other than those derived from the constitution.” §
120.52(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 4714, 2002 WL 537041
...ity. We review this issue de novo. Florida Board of Medicine v. Florida Academy of Cosmetic Surgery, Inc.,
808 So.2d 243 (Fla. 1st DCA 2002). The test for such a conclusion is whether the rule amendment enlarges, modifies or contravenes the statute. §
120.52(8)(c), Fla....
...If the mitigation does not fully offset the adverse impacts, then the District assesses cumulative impacts to determine if the project will create unacceptable cumulative impacts. Consequently, the Sierra Club argues, the rule modifies and/or contravenes section
373.414(8), Florida Statutes, in violation of section
120.52(8), Florida Statutes, by eliminating the requirement of considering cumulative impacts in many cases....
...ividual adverse impacts. Conclusion We conclude, as the ALJ did, that the rule amendment tracks section
373.414(8); it does not enlarge, modify or contravene the statute. Accordingly, we affirm. AFFIRMED. PETERSON and GRIFFIN, JJ., concur. NOTES [1] Section
120.52(8)(c), Florida Statutes (2001) provides: "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature....
...e to the applicant to mitigate the adverse effects that may be caused by the regulated activity." [3] Section
120.54(1)(a), Florida Statutes (1999) provides: Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s.
120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable.
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...t to Section
120.54(4), Florida Statutes (1989), any substantially affected person may seek an administrative determination of the invalidity of any proposed rule on the ground that it is an invalid exercise of delegated legislative authority. Under Section
120.52(8), a proposed rule is an invalid exercise of delegated legislative authority if the rule enlarges, modifies, or contravenes the specific provisions of law implemented; the rule is vague, fails to establish adequate standards for agenc...
...The proposed amendment goes beyond any authority in the organic statutory law governing the Board's exercise of power and thus is an invalid exercise of delegated legislative authority because it clearly enlarges and contravenes the specific provisions of the statutory authority being implemented. § 120.52(8), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21125
Committee was not an “agency” as defined by Section
120.52(1), Florida Statutes, and therefore was not
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 14456, 2015 WL 5714642
...he
Administrative Procedure Act (APA), chapter 120, Florida Statutes.
A state university is an "educational unit" and thus an "agency" under the
APA when it "is acting pursuant to statutory authority derived from the [l]egislature." §
120.52(1)(a), (6), Fla. Stat. (2014). However, to the extent that a governmental entity
otherwise defined as an APA agency is acting pursuant to its powers derived from the
state constitution, the entity is not an "agency" for purposes of the APA. Cf.
§ 120.52(1)....
CopyPublished | Supreme Court of Florida
...Orders of the Commission “constitute agency action” for the
purposes of article V, section 3(b)(2) and section
366.10. City Gas
Co. of Fla. v. Fla. Pub. Serv. Comm’n,
501 So. 2d 580, 581 (Fla.
1987). And the Legislature defined “agency action,” as relevant
here, to mean “the whole or part of a[n] . . . order.” §
120.52(2), Fla.
Stat....
CopyPublished | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2032, 1986 Fla. App. LEXIS 9767
...interest at any time in the action sought to be reviewed. . The difference between an order and a rule is that a rule is a statement of general applicability, see McDonald v. Department of Banking and Finance,
346 So.2d 569, 580 (Fla. 1st DCA 1977); §
120.52(15), Fla.Stat., while an order "is a final agency decision which does not have the effect of a rule,” §
120.52(10), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18038
...Florida Department of Corrections,
388 So.2d 587 (Fla.1st DCA 1980), a case also dismissed upon facts similar to those before us, we neglected to state that appellants, inmates of a Florida correctional institution, are denied party status to a Section
120.57 proceeding. See Section
120.52(10)(d), Florida Statutes (1979)....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17573
...rtment. 4245 Corporation, Mother’s Lounge, Inc., et al. v. Division of Beverage,
348 So.2d 934 (Fla.App.). However, the rule complained of is not an “agency” rule subject to the strictures of Section
120.54 of the Administrative Procedure Act. Section
120.52(14) defines a rule as “each agency statement of general applicability that implements, inter *1034 prets....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 12902, 2001 WL 1045930
...Medical Services Network. Respondent failed to comply with the time requirements of section
120.60(1), Florida Statutes. We have considered respondent’s arguments, including a contention that such designations are not “licenses” as defined in section
120.52(9), and find them to be without merit....
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 1935, 1984 Fla. App. LEXIS 14977
...er’s petition may have some merit. In light of these circumstances, we reverse and remand to the circuit court for expeditious consideration of the merits of the petition. REVERSED and REMANDED. COBB, C.J., and ORFINGER, J., concur. . Appearing as section 120.52(1 l)(d), Florida Statutes (1983)....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4859092
...rtment based on the department’s preliminary or in-depth review of applications” may do so through a chapter 120 hearing. Whether or not section
395.4025 provides an independent basis for standing by “provision of statute” as contemplated by section
120.52(13) we need not decide here....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
Stat. (1996). 4 Id. 5 Section
120.52(18), Fla. Stat. (1996). 6 Section
120.52(19), Fla. Stat. (1996)
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2191, 1987 Fla. App. LEXIS 10235, 1987 WL 3883
...s statutory remedy to the appellant. We hold that the trial court’s ruling was correct. The term “agency,” as used in Chapter 120, does not apply to all units of government. This is so because the term has been specifically defined in the Act. Section 120.52 provides in pertinent part as follows: (1) “Agency” means: (a) The Governor in the exercise of all executive powers other than those derived from the constitution....
...on 19.08 thereof provides for judicial review by the circuit court of orders of the Civil Service Board. . We recognize that Chapter 120 is not the same as it was when Sack was decided. For example, the definition of “agency” as found in present Section 120.52, supra, was not the same under the older version of Chapter 120.
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...." 13 Given the absence of a statutorily or constitutionally prescribed method for the removal of members of the statewide judicial nominating commission for judges of compensation claims by the commission, it would appear that the Governor would possess the authority for such removal under the specified conditions. (f) Section 120.52 (16), F.S., defines "[r]ule" as "each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirement s of an agency ....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 15012, 2010 WL 3893912
...the class of interested persons. The authorizing resolution shall apply to a specific proceeding and to appeals and ancillary proceedings thereto, and it shall not be required to state the names of the persons whose interests are to be represented. § 120.52(13), Fla....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
of an agency for the purposes of this act. 8 Section
120.52(16), F.S., defines "Rule" as each agency statement
CopyPublished | District Court of Appeal of Florida
action, and who makes an appearance as a party. §
120.52(13)(b), Fla. Stat. (2016). A two-part test
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 11345, 1995 WL 621356
...Rule 7EER92-2(18) is an exceedingly broad rule, covering far more acts than the statutes from which the Division attempts to glean its authority. The rule enlarges the provisions of the statutes on which it is based. Thus, the Division exceeded its grant of rule-making authority in the promulgation of rule 7EER92-2(18). See § 120.52(8)(b)— (c), Fla.Stat....
...them or referring to a standard by which a practice may be judged to be corrupt or fraudulent. See State v. DeLeo,
356 So.2d 306 (Fla.1978). We hold that, because of its vagueness, the rule is an invalid exercise of delegated legislative authority. §
120.52(8)(d), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10690
...The Commissioner of Education appeals a Department of Administrative Hearings order which denied the Commissioner’s request for assignment of a hearing officer for a formal administrative hearing pursuant to section
120.57(1), Florida Statutes. *1114 The question to be determined m this appeal is whether section
120.52(ll)(d), Florida Statutes, which restricts prisoner access to Chapter 120 proceedings, should be construed as applying in every instance in which the party affected is a prisoner....
...This same issue was considered by this court in Department of Professional Regulation v. Yolman,
508 So.2d 468 (Fla. 1st DCA 1987), and the determination in that case is dispositive of the question. In Yol-man, this court held that “the limitation in section
120.52(11) does not apply when a person’s status as a prisoner is unconnected or irrelevant to the administrative proceeding involved.”
508 So.2d at 470 ....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 4583022
...s being
non-compliant with the statutory requirements for such a plan. This question is
answered by analyzing whether SCF has a “substantial interest” to be determined
in the proceeding challenging the statutory compliance of FTBOA’s plan.
§ 120.52(13)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15575, 2009 WL 3278095
...2d DCA 1981), Agrico's competitors sought to intervene in its petition for a permit, arguing that their economic interests would be affected. The hearing officer granted the competitors standing to intervene. Id. at 480. The Second District reversed, finding that, pursuant to section 120.52(10)(b), Florida Statutes, the competitors had standing to intervene if they could establish that they had a substantial interest in the outcome of the proceedings by showing that: (1) they would "suffer injury in fact which is of suffi...
...Id. at 492. This Court reversed the DOT, finding that Maverick had standing and that the Agrico test was inapplicable because Maverick was a specifically named party whose substantial interests were determined in the proceeding pursuant to sections
120.52(12)(a) and
479.08, Florida Statutes (1999)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130
...necessary to establish a single appropriate bargaining unit and the provisions of section
447.307(3)(d) are not under these circumstances a bar to that determination. ATU contends that it was improperly named a party in the ULP proceeding. However, section
120.52(ll)(a) includes in the definition of “party,” “specifically named persons whose substantial interests are being determined in the proceeding.” PERC’s determination that ATU did have substantial interests that were being determined in the proceeding was reasonable and is supported by the record....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 15280, 2003 WL 22327076
...ate rules regulating the source of the ARS used to test the breath analysis machines and the use of the COA form. The DUI defendants argued that the designation of the source and use of the COA form was a rule within the meaning of the APA, found in section 120.52(15), Florida Statutes (1999)....
...ing hearings to allow input from interested parties and the public, filing, and publication. Failure to comply with these requirements renders an action or policy an unpromulgated rule or an invalid exercise of delegated legislative authority. *1225 § 120.52(8)(a), Florida Statutes (1999)....
...Co.,
581 So.2d 193, 196 (Fla. 1st DCA 1991). We must, therefore, determine whether the creation and use of the COA form or the designation of Guth as the source was an invalid exercise of delegated authority under the APA for failure to promulgate a rule. Section
120.52(15), Florida Statutes (1999), defines a rule as each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any f...
....08 or more grams of alcohol per 210 liters of breath. All references to breath test results herein are per 210 liters of breath. . The rules relating to evidentiary breath and blood testing are 11D-8.002 — 11D-8.017 Florida Administrative Code. . Section 120.52(8) defines an invalid exercise of delegated legislative authority, in relevant part, as "action which goes beyond the powers, functions, and duties delegated by the Legislature....
CopyPublished | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 21741
special law or existing judicial decisions.” Section 120.-52(l)(c), Florida Statutes (1981). We find no
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 17534, 2011 WL 5301600
...ion. Thus, the provision was a rule, and appellant, who had been substantially affected by the rule's impact, had standing at both the hearing below and on appeal. See Fla. Admin. Code. r. 67-48.0072 (2009); §
120.68(1), Fla. Stat. (2009); see also §
120.52(16), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 17536, 2011 WL 5301612
...*367 9.420(e) (providing “Additional Time After Service by Mail” where an act is required “within some prescribed time after service of a document.”) An administrative order is rendered when a signed written copy is filed with the clerk of the agency. See Fla. R.App. P. 9.020(h); § 120.52(7) Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 20567, 2012 WL 5971201
...We conclude that the administrative law judge correctly determined that the rule was inconsistent with the Department of Health’s grant of rulemaking authority, and we therefore affirm the order. Four existing trauma centers in the State of Florida brought a rule challenge pursuant to sections
120.56(1) and (3) and
120.52(8), Florida Statutes, asserting that the Department’s existing rule 64J-2.010, Florida Administrative Code constituted an invalid exercise of delegated legislative authority....
...Academy of Cosmetic Surgery, Inc.,
808 So.2d 243, 254-55 (Fla. 1st DCA 2002), superseded on other grounds by statute, as stated in Department of Health v. Merritt,
919 So.2d 561 (Fla. 1st DCA 2006). The term “invalid exercise of delegated legislative authority” is defined in section
120.52(8), Florida Statutes: (8) “Invalid exercise of delegated legislative authority” means action that goes beyond the powers, functions, and duties delegated by the Legislature....
...Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the enabling statute. § 120.52(8), Fla....
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4537
...The status of the agents as employees of the Department is not contested. . §
120.50 et seq., Fla.Stat. (1975). . It is problematical whether the Governor would be subject to the Administrative Procedure Act for this activity in any event. The Act exempts the Governor in the exercise of his constitutional duties. §
120.52(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12494, 1995 WL 699901
...ive denial of Calder’s request. Calder was then entitled to challenge the agency decision by invoking procedural administrative processes because the Division engaged in “agency action” when it exercised its discretion to deny the request. See § 120.52(2), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 18685, 2007 WL 4145459
...Identified as petitioners were the “Capital Collateral Regional Counsel-Middle Region” and “John W. ‘Bill’ Jennings, Capital Collateral Regional Counsel.” The petition alleged that the Florida Department of Financial Services had applied an unadopted and unwritten rule, as defined by section 120.52(15), Florida Statutes, declaring that CCRC-M and CCRC-S are executive branch agencies....
...ts, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. § 120.52(15), Fla....
...ould apply. The conclusion of the legal memorandum was that CCRC’s are executive branch agencies subject to the provisions of section
11.062. However, a legal memorandum prepared by an agency is specifically excluded from the definition of a rule. Section
120.52(15)(b) states that the term rule does not include: “Legal memoranda or opinions issued to an agency by the Attorney General or agency legal opinions pri- or to their use in connection with an agency action.” Id....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18219
...tten elsewhere in the APA, see Dept, of Offender Rehab. v. Jerry,
353 So.2d 1230 (Fla. 1st DCA 1978), cert. den.,
359 So.2d 1215 (Fla.l978)-includes all prisoners, for they are not barred from Section
120.54(5) remedies by the restrictions stated in Section
120.52(10)....
...mmission pursuant to Section
120.565, and Commission determinations of presumptive and effective parole release dates, parole rescission determinations, parole revocation orders, and other final agency decisions which are equivalent to “orders.” Section
120.52(2), (9)....
CopyPublished | District Court of Appeal of Florida | 1 Educ. L. Rep. 1051, 1981 Fla. App. LEXIS 21734
the meaning of those terms as set forth in Section
120.52, Florida Statutes (1980). There was, therefore
CopyPublished | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2590, 1988 Fla. App. LEXIS 5131, 1988 WL 123813
...the predecessor to Chapter 18-21), confirms this. “6. Plaintiff has identified no other case in which it has denied or revoked a consent of use on the basis of an action taken by local government. “7. Plaintiff is an agency within the meaning of Section 120.52(1), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2002 WL 31557666
...determination that the statement violates s.
120.54(1)(a). The petition shall include the text of the statement or a description of the statement and shall state with particularity facts sufficient to show that the statement constitutes a rule under s.
120.52 and that the agency has not adopted the statement by the rulemaking procedure provided by s....
...Section
120.54(1)(a) expresses the Legislature's intent that agencies adopt a statement that is the equivalent of a rule as a rule through the rulemaking process whenever possible. It states: (a) Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s.
120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable....
...It provides them with incentives to promulgate rules through the formal rulemaking process. [1] Section
120.56(4) authorizes any person substantially affected by an agency's statement to challenge the statement on the ground that it constitutes a rule under section
120.52 that has not been adopted by the rulemaking procedures provided by section
120.54....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785
...[[Image here]] I also reject Cape Cave’s argument that the Department’s policy of considering septic tank pollution is invalid as an un-promulgated rule. The thrust of this argument is that that policy falls within the definition of a ‘rule’ as contained in Section
120.52(15), Florida Statutes, and thus must be adopted pursuant to the procedures of Section
120.54....
...rmit: [[Image here]] (3) The word ‘person’ includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (e.s.) Section 120.52(12), Florida Statutes, states: 120.52 Definitions....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 15599, 2001 WL 1344079
...y to the Trustees to adopt it. In affirming invalidation of the proposed rule, we certify the following question as one of great public importance: Is proposed rule 18 — 21.004(l)(i) an invalid exercise of delegated authority within the meaning of section 120.52(8)(b) or (c), Florida Statutes (1999)? Except as otherwise set out above, we deny the Trustees’ motion for clarification, rehearing, certification, or rehearing en banc....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 12115, 1995 WL 680444
...Department of Environmental Regulation,
553 So.2d 1260 (Fla. 1st DCA 1989), this court explained that the Hearing Officer's standard of review of an agency rule in a section
120.56 rule challenge "is whether the rule constitutes an invalid exercise of legislative authority, as that phrase is defined in Section
120.52(8) ..." Id....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...7 Section 7(3)(e), Ch. 96-519, Laws of Fla. 8 Section 8(2), Ch. 96-519, Laws of Fla. 9 Section 9(2), Ch. 96-519, Laws of Fla. 10 See, Department of Professional Regulation v. Florida Society of Professional Land Surveyors ,
475 So.2d 939 , 942 (Fla. 1st DCA 1985). 11 Section
120.52 (8), Fla. Stat. 12 Section
120.52 (8)(b) and (c), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2568, 1987 Fla. App. LEXIS 10916, 1987 WL 1328
...t it would be in the public’s interest to allow terminal access for tandem trailer combinations along U.S. 1 through the Keys. Alterman argues that its “petition for access” is an application for a “license”, within the meaning of Sections
120.52(8) and
120.60, Florida Statutes, and, as the final order was rendered more than 45 days after the recommended order was submitted to the department, its petition should be “deemed approved”....
...The department’s final order was in fact rendered within the time limitations of section 120.59, and it is this statute which the department argues controls the issue at bar. 3 We agree with the department that a “petition for access”, under section
316.515(3)(c)2.b., is not a “license”, as defined by section
120.52(8), and that the final order was therefore timely rendered in accordance with section 120.59. Section
120.52(8) defines a license as a “franchise, permit, certification, registration, charter, or similar form of authorization required by law.” This definition encompasses “all administrative acts, whether mandatory or discretionary, rela...
...See generally Florida Administrative Practice Chapter 6 (2d ed. 1981). The procedure for a “petition for access” under
316.515(3)(c)2.b. however, does not, in our judgment, confer a “privilege” or “license” to any individual or entity, within the meaning of sections
120.52(8) and 120.-60, to perform an act which, without it, is barred to others....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 15859, 2002 WL 31431620
...mplaint were in fact un-promulgated rules prohibited by section
120.54, Florida Statutes. We affirm for two reasons. First, United Wisconsin made no showing of any statement of general applicability so as to require rulemaking by the Department. See §
120.52(15), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11185
Chiles rule inapplicable to the instant case. Section
120.52(8), Florida Statutes (1989), provides, in part:
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 7029, 2007 WL 1319263
...In discussing the retro-activity of the invalidity, this court provided: It is apparent that the statutory scheme in chapter 120 for invalidating agency rules contemplates that once a rule, or an agency statement or form that constitutes a rule under the definition in section 120.52(16), Florida Statutes (1987), has been issued and acted or relied upon by the agency or members of the public in conducting the business of the agency, the rule will be treated as presumptively valid, or merely voidable, and must be gi...
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1177, 1987 Fla. App. LEXIS 8166
...But this issue was not properly before the trial court. Such a challenge can only be made under the administrative grievance procedure, or in an appropriate proceeding challenging the underlying rule under sections
120.54(3), (4), (5), or (9) or section
120.56. §
120.52(11), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 19712
matter of substantial interest to National. See section
120.52(2) and (10)(a), Florida Statutes (1979) and
CopyPublished | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 38561, 2006 WL 1528791
...e motion as one for summary judgment pursuant to Rule 56. [5] Deference is also inappropriate where there is no agency adjudication at issue. Under Florida's Administrative Procedure Act, an agency adjudication is effected only by a rule, Fla. Stat. § 120.52(15), or an order, § 120.52(7)....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...mination of retired members receiving disability benefits, and applications for special risk membership in the Florida Retirement System. Sections
121.22 and
121.23 , F. S. The commission is clearly within the definition of "agency," as described by s.
120.52 (1)(b), F....
...S., requires the commission to conduct its appeals hearings pursuant to the formal proceedings and procedures set forth in s.
120.57 (1), F. S. For the purposes of its appeals hearings, the commission is expressly made "an agency head as defined by subsection
120.52 (3)." Section
121.23 (2). Section
120.52 (3), F....
...the record, subpoenas, and the rendition of a final order when a majority of the commission has neither heard the case nor read the record. The commission is responsible for final agency action, which includes the whole or part of a final order (see s.
120.52 (2) and (9), F. S.) issued by the head of an agency pursuant to ss.
120.57 (1) and 120.59, F. S.; it is an "agency head" as defined in s.
120.52 (3), F....
...f its own proceedings and would assist the board in its mode or manner of carrying out its statutorily assigned duties and functions; also, it would facilitate the expeditious performance of such duties. Any such rules should, of course, conform to ss.
120.52 (14),
120.53 ,
120.54 , and
120.55 , F....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5453, 1995 WL 307029
...Finding the challenged rule to be an invalid exercise of delegated legislative authority, we reverse. Merritt petitioned the Department of Business and Professional Regulation, Board of Chiropractic (Board) pursuant to section
120.56, Florida Statutes (1993) asserting all the grounds listed in section
120.52(8) as the bases for his challenge....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 7058, 2004 WL 1123482
PER CURIAM. Upon consideration of the appellant’s responses to the Court’s orders of December 18, 2003, and February 19, 2004, the Court has determined that the April 13, 2004, letter does not constitute a final order as defined by section 120.52(7), Florida Statutes, because it has not been filed with the agency clerk....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5508, 1992 WL 104620
...(2) Except in matters for which judicial review by the Supreme Court is provided by law, all proceedings for review shall be instituted by filing a petition in the district court of appeal in the appellate district where the agency maintains its headquarters or where a party resides .... (Emphasis added). Section 120.52 defines “agency” as including “[e]ach other state officer and each state department, departmental unit described in s....
CopyPublished | Florida 5th District Court of Appeal
...The question in this case is whether the rule is an
invalid exercise of delegated legislative authority. Appellants say
that it is, contending that the rule exceeds the Commission’s grant
of rulemaking authority and that it enlarges, modifies, or
contravenes the specific provisions of the law that it implements.
See § 120.52(8)(b)–(c), Fla....
...§
849.086(4),
849.086(4)(a) (emphases added).
Appellants argue that these provisions grant rulemaking
authority but fail to provide a specific power or duty that the
challenged rule may implement. Therefore, they contend that the
challenged rule does not satisfy section
120.52(8)’s “flush-left”
paragraph....
...which courts must determine the scope of the authority that the
Legislature has delegated to an agency. See generally ch. 120, Fla.
Stat. Where, as here, a statute establishes that a particular
provision of law is subject to an agency’s rulemaking authority, we
§ 120.52(8), Fla....
...2d at 1211. This framing of
5
For the reasons explained above, section
849.086(4) and
849.086(4)(a) may serve as the specific law implemented in a
rulemaking by the Commission, and the challenged rule thus
satisfies section
120.52(8)’s “flush-left” paragraph. And here, the
challenged rule falls within the Commission’s grant of rulemaking
authority to implement section
849.086. See §
120.52(8)(b).
Whatever the reach of the Commission’s duty and power to
regulate cardroom operations, surely it includes the questions
whether cardroom personnel may participate in authorized
cardroom games at their place of employment, and under what
circumstances they may participate....
...than the management of their personnel.”).
That the challenged rule falls within the Commission’s grant
of rulemaking authority does not end our inquiry; we still must
determine whether the rule strays beyond the implemented
statute’s bounds. See § 120.52(8)(c)....
...s
we must ask are whether the rule “has exceeded [the
Commission’s] grant of rulemaking authority” and whether “[t]he
rule enlarges, modifies, or contravenes the specific provisions of
8
law implemented.” § 120.52(8)(b)–(c)....
...Either the enabling statute authorizes
the rule at issue or it does not.” Save the Manatee Club,
773 So. 2d
at 599; see Fla. Elec. Comm’n v. Blair,
52 So. 3d 9, 11–13 (Fla. 1st
DCA 2010) (recognizing that Save the Manatee Club continues to
provide a correct interpretation of section
120.52)....
...1999) (approvingly
quoting and citing the First District’s decision in St. Johns River
Water Management District v. Consolidated–Tomoka Land Co.);
St. Johns River Water Mgmt. Dist. v. Consolidated–Tomoka Land
Co.,
717 So. 2d 72, 79 (Fla. 1st DCA 1998) (interpreting a prior
version of section
120.52, and concluding it “unlikely that the
Legislature intended to establish a rulemaking standard based on
the level of detail in the enabling statute, because such a standard
would be unworkable”).
9
“fundamental and primary policy decisions”)....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 7485, 2007 WL 1427461
...elevant rules and criteria and write only to address the standing issues raised by the parties. Standing to participate in section
120.57 hearings is afforded to those “whose substantial interests will be affected by proposed agency action.” See §
120.52(12)(b), Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
special law or existing judicial decision. Section
120.52(1)(c), F.S., defines agency to include: Each
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20046
...cial injury or substantial interest which would be affected by the Board’s acceptance of the CARL Committee’s proposed acquisition of Westlake. Section
120.57(1) applies only to Agency decisions which affect the substantial interests of a party. Section
120.52(10)(b), Florida Statutes (1979), defines a “party” as “any other person who, as a matter of constitutional right, provision of statute, or provision of agency regulation, is entitled to participate in whole or in part in the proc...
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 5937
...urposes." A wide-ranging final order concluded that (1) the PSC's revised statement of estimated regulatory costs did not meet the requirements of section
120.541 and was so deficient as to be a material failure to follow rulemaking procedures under section
120.52(8)(a); (2) the proposed rule made it "impossible for a utility to determine the nature and extent of the presentation necessary to obtain a margin reserve period of longer than 18 months"; (3) the proposed rule contravened the statute...
...and incapable of application in a manner susceptible of review." Staten v. Couch,
507 So.2d 702 (Fla. 1st DCA 1987). Cortes,
655 So.2d at 138. A rule which "fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency," §
120.52(8)(d), Fla....
...with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by s.
288.703, and an analysis of the impact on small counties and small cities as defined by s.
120.52....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
evolving and therefore exempt from rulemaking, section
120.52(16), Florida Statutes, defines the term "rule"
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 3444, 2007 WL 700959
...ion of Administrative Hearings of the Department of Management Services.” Section
1003.57 refers only to “School Boards” and “parents” as proper parties to a due process hearing. It does not authorize or contemplate adding DOAH as a party. Section
120.52(12)(a), Florida Statutes (2003), defines the term “party” in pertinent part as “[sjpecifically named persons whose substantial interests are being determined in the proceeding.” The only substantial interests being determined in a section
1003.57 due process hearing are those of parents and school boards....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18784
indistinguishable from a notice of proposed agency action. § 120.-52(10)(b). However, when the document was entered
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15481
the preceding statutes, in pari materia, with Section
120.52(3), Florida Statutes (1975): “ ‘Agency head’
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
questions 2 and 3 are answered accordingly. Section
120.52(1)(b), F.S., defines agency to include "each
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
or (b) as an `instrumentality' of the state. Section
120.52(1)(b), F.S. (1982 Supp.) defines `agency' to
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 1235893, 2013 Fla. App. LEXIS 5161
...contest the disallowances or payment adjustments here in question,” and Partners “fits into none of those categories.” (Emphasis in original.) Further, the Department ruled that Partners does not fit within the definition of a ‘party' under Section 120.52(13), Fla....
...material error in procedure, an erroneous interpretation of law, or an abuse of discretion.”). Third, to achieve standing to challenge agency action, an individual or entity must *1222 be a “party” as that term is defined, in relevant part, in section 120.52(18), Florida Statutes, to mean: (a) Specifically named persons whose substantial interests are being determined in the proceeding....
...Department of Environmental Regulation,
406 So.2d 478 (Fla. 2d DCA 1981), cited by the Department as providing the underpinning of its holding, offers a two-prong test to determine when a third party challenger to agency action meets the “substantial interest” element of sub-paragraph (b) of section
120.52(13)....
...Consequently, Partners’ interests extend well beyond the mere “buying and selling of debt”; it is entitled to “all of the interests and rights of the assignor in and to the thing assigned.” Bank of Am., N.A.,
752 So.2d at 642 . In this respect, Partners is a “party” as defined in subsection (a) of section
120.52(18), as being a “specifically named person whose substantial interests are being determined in the proceeding.” Partners is the party with the “personal stake” in the outcome of the proceedings....
...State, Dep’t of Transp.,
791 So.2d 491 (Fla. 1st DCA 2001) (observing “[t]he standing requirements under Agrico were for the third-party business competitors of Agrico, who needed to demonstrate a ‘substantial interest in the proceeding’ pursuant to section
120.52(10) (b)”); Gregory,
610 So.2d at 554 (stating that the “obvious intent of Agrico was to preclude parties from intervening in a proceeding where those parties’ substantial interests are totally unrelated to the issues which are to be resolved in the administrative proceedings ”) (emphasis added)....
CopyPublished | Florida 1st District Court of Appeal
...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. Stat. (excepting the Legislature
and judiciary from application of chapter 120); §
120.52(1), Fla.
Stat. (defining “agency” in terms that do not expressly include the
Florida Public Service Commission); §
120.52(7), Fla....
CopyPublished | Florida 1st District Court of Appeal
...r formal
administrative hearing challenging the Department’s emergency
rule. Sanctuary argued that the emergency rule was arbitrary,
2
capricious, and an invalid exercise of delegated legislative
authority under § 120.52(8)(e), Florida Statutes, because it failed
to account for other sources of marijuana-related revenue.
Specifically, the rule did not incorporate into its renewal
calculation revenue derived from a $75 fee paid by patients seeking
medical marijuana identification cards, 1 or from fines the
Department was authorized to collect from MMTC’s that violated
legal requirements. 2 Alternatively, Sanctuary argued that the
Department’s emergency rule was an invalid exercise of delegated
legislative authority under § 120.52(8)(f) because it imposed a
regulatory cost “that could be reduced by the adoption of less costly
alternatives that substantially accomplish the same statutory
objectives.”
The Department disagreed with Sanctuary’s reading of the
statute....
...It argued that the emergency rule was neither arbitrary
nor capricious because the plain text of §
381.986(8)(b) required
MMTC application and renewal fees alone to cover the
Department’s costs of implementing and administering the MMTC
licensing regime. As to the §
120.52(8)(f) argument, the
Department reasoned that including other revenue sources in the
formula would not comport with the express costs-coverage
directive in §
381.986(8)(b).
The administrative law judge agreed with the Department’s
arguments....
...statutory interpretations de novo.” Fla. Prepaid Coll. Bd. v.
Intuition Coll. Sav. Sols., LLC,
330 So.3d 93, 94 (Fla. 1st DCA
2021).
Sanctuary argues that the Department’s emergency rule is an
invalid exercise of delegated legislative authority under
§
120.52(8)(e) because it is “arbitrary or capricious,” and under
(8)(f) because it “imposes regulatory costs ....
...personal identification cards); §
381.986(10)(f) (“The Department
may impose reasonable fines [for MMTC violations]” (emphasis
added)).
Alternatively, Sanctuary argues that the Department’s
emergency rule is an invalid exercise of delegated legislative
authority under §
120.52(8)(f). Under this law, a rule may be
invalidated if it “imposes regulatory costs on the regulated person,
county, or city which could be reduced by the adoption of less costly
alternatives that substantially accomplish the statutory
objectives.” §
120.52(8)(f), Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
...17, Florida Constitution (1968), 4 gave him authority to file the civil action for damages and penalties, and section
120.69(l)(a) gave him authority to file the alternative petition for enforcement because a state attorney is “an agency” under section
120.52(l)(b); (2) GDC, a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapter 403, specifically
403.161(1), and its correlative rules and regulations promulgated by DER; (3) GDC’s various dredge and fill operation...
...nt to section
403.141(1)],” and (2) section
120.69(l)(a) does not authorize a state attorney to bring a petition for enforcement of agency action because a state attorney is not included within the narrow definition of “agency” as set forth in section
120.52(l)(b)....
...force rules and regulations adopted and promulgated by DER in accordance with the provisions of Part I, Chapter 403. In order to reach his conclusion, he first argues that he is an “agency” within the “[e]ach other state officer” language of section 120.52(l)(b)....
...d” clause (which is not applicable here), states: “Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit court where the subject matter of the enforcement is located.” 21 Section 120.52 provides, inter alia: As used in this act: (1) “Agency” means: *1083 (a) The Governor in the exercise of all executive powers other than those derived from the constitution....
...eral or special law or existing judicial decisions. 22 Accordingly, in order to reach our conclusion, we must first examine section 120.-52(1), which defines “agency” for Chapter 120 purposes. Discussion As a starting point, subsection (l)(a) of section 120.52 must be read in pari mate-ria with subsection (l)(b)....
...enant Governor, and does not include every state official that might nominally be called a state officer. 24 Our conclusion is supported by In re Advisory Opinion of the Governor,
334 So.2d 561 (Fla.1976). In that case, the supreme court interpreted section
120.52(l)(a) and stated that the requirements of Chapter 120, the Administrative Procedures Act (APA), not only do not apply to the clemency powers conferred on the governor by the constitution but also do not apply to the clemency powers of “the members of the cabinet.” Id....
...the time of the decision. Moreover, we believe the Lieutenant Governor is also a part of this class. First, it can be inferred from the supreme court’s advisory opinion that the legislature intended for the Lieutenant Governor to be included under section 120.52(1)(b). Id. at 562 . Additionally, he too is a statewide executive officer as defined in article IV, section 2 — thus the logical use of “state officer” instead of cabinet member in section 120.52(1)(b)....
...Art. IV, Fla. Const. We note that a major commentary on the Florida APA, A. England, Jr. and L.H. Levinson, Florida Administrative Practice Manual (D & S), § 9.03(3), p. 8 (1979 ed.) 25 refers to the other “executive officers” when discussing section 120.52(1)(b)....
...Therefore, we conclude that the “[e]ach other state officer” clause of subsection (1)(b) does not include a state attorney, whose jurisdiction is limited to a localized judicial circuit. 27 Even assuming that appellant had been able to show that he is an “agency” within the meaning of section
120.52(l)(b), he still would not have any authority under section
120.69(l)(a) to institute a petition for enforcement of DER’s rules and regulations....
...ocus of the provision. Under the broad construction advanced by appellant, every individual law enforcement officer (e.g., state trooper, parole and probation officer, agricultural and road guard inspectors, etc.) would be deemed an "agency” under section 120.52(l)(b)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14388
is a rule within the meaning of the APA, F.S. § 120.-52(14). 4. The scoring criterion by which mastery
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
or initiate license revocation proceedings. Section
120.52(1), F. S., provides in pertinent part that
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 1230, 1990 WL 18467
...chool Board. The hearing officer, relying on Johnson v. School Board of Palm Beach County,
403 So.2d 520 (Fla. 1st DCA 1981), held that the School Board adopted a rule which was an “invalid exercise of delegated legislative authority as defined in section
120.52(8)(c), Florida Statutes.” While a challenge to this rule under section 230.03(2), Florida Statutes, prior to 1983 may have been sustainable, we do not address this issue as it is not before us....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 708, 1986 Fla. App. LEXIS 6979
assessments pursuant to section 718.-116(1). See §
120.52(2), (10), Fla.Stat. (1983). The Division had the
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 3719, 2006 WL 658899
..., and the wagering rules as authorized in paragraph (l)(c) above. . In Calder Race Course, Inc., we affirmed an order in which an administrative law judge found, among other things, (1) that Florida Administrative Code Rule 61D-11.027(l)(a) violated section 120.52(8)(c), Florida Statutes, by enlarging the specific provision of law implemented, (2) that rule 61D-11.027(2)(a) exceeded the Division's grant of rulemaking authority, modified the specific law implemented, and was arbitrary, thus violating sections 120.52(8)(b), (c), and (e), Florida Statutes, and (3) that rules 61D-11.027(l)(e) and (2)(b) violated sections 120.52(8)(b)-(c), Florida Statutes.
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 312, 2017 WL 1021849, 2017 Fla. LEXIS 585
...)(a), Fla. Stat. (2016). “ ‘Agency action’ means the whole or part of a rule or order, or the equivalent, or the denial of a petition to adopt a rule or issue an order. The term also includes any denial of a request made under s.
120.54(7).” §
120.52(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...nce with Daniels v. Florida Parole and Probation Commission, supra, footnote 1. See also Holman v. Florida Parole and Probation Commission,
407 So.2d 638 (Fla. 1st DCA 1981). [1] Although inmates do not have the right to request
120.57 hearings, see Section
120.52(10)(d), we are not similarly inhibited by the APA....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2163, 1991 WL 32081
...ere affected or potentially affected members of Local 1267. A party’s substantial interests must be affected to trigger a hearing under the Administrative Procedures Act. Martin v. School Board of Gadsden County,
432 So.2d 588 (Fla. 1st DCA 1983). Section
120.52, states: (12) “Party” means: (a) Specifically named persons whose substantial interests are being determined in the proceeding....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...If the commission should choose to refer only appeals such as for 3-day suspensions, layoffs, and transfers, could this possibly be interpreted as being in violation of any state statutes? SUMMARY: The Career Service Commission, as an agency head as defined by s. 120.52 (3), F....
...rings and retain the authority to hear cases it does not elect to refer. The answers to your questions are in the negative. A basic premise of your question, in which I concur, is that the Career Service Commission is an agency within the meaning of s. 120.52 (1), F....
...Hearings within the Division of Family Services of the Department of Health and Rehabilitative Services; and 6. Hearings in which the division is a party; when the division is a party, an attorney assigned by the Administration Commission shall be the hearing officer. Section 120.52 (3), F....
...(c) The decision of the commission was not based on substantial evidence. Thus, the Career Service Commission is responsible for final agency action, which includes the whole or part of an order issued by the head of an agency pursuant to s.
120.57 (1) or (2), F. S., and is an agency head as defined in s.
120.52 (3), F....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17261
...convinces us that the challenged resolution which was passed by the school board did not impose an illegal limitation upon the statutory powers of the superintendent (Point One); that such resolution did not constitute a rule within the meaning of F.S. 120.52(14) thereby requiring adherence to the procedure set forth in F.S....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...With a few exceptions, most all agency actions are either a rule or an order. See City of Titusville v. Florida Pub. Emp. Rel. Comm'n,
330 So.2d 733 (1 D.C.A. Fla., 1976), and State of Florida ex rel . Department of General Services, et al . v. Ben C. Willis, etc., et al . Case No. DD. 104 (1 D.C.A., Fla., 1977). Section
120.52 , F....
...Nuzum,
343 So.2d 115 (1 D.C.A. Fla., 1977), the court held that a declaratory statement issued pursuant to s.
120.565 , F. S., that is an agency statement of general applicability that implements and prescribes policy was a rule within the meaning of s.
120.52 (14), F....
...complies with the intent and purposes of Ch. 373, supra , by considering the above enumerated factors, it is my opinion that the agency is not implementing or prescribing law or policy so as to constitute the adoption of a rule within the meaning of s. 120.52 (14), supra ....
...Rather, this agency action seems primarily concerned with a determination of evidentiary facts affecting individual governmental entities or individual members of a class whose interests are singled out for special consideration. I, therefore, conclude that such agency action is not a rule but constitutes an order under s. 120.52 (9), supra ....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
proceedings of the Constitution Revision Commission. Section
120.52, F. S., defines `agency' to include: Each
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14424
...Based on conflicting facts, the Commission found that Heuer was dismissed from her job. There was substantial competent evidence to support this finding. Therefore, the Commission had jurisdiction to hear Heuer’s appeal. The Board contends that Sections
120.52 and
120.57, Florida Statutes, required that this case be heard by a hearing officer assigned by the Division of Administrative Hearings....
...Section
120.57(1)(b)(3) and (4), Florida Statutes, excepts agency heads, who are acting in an adjudicatory capacity, from Division of Hearing Examiner requirements. Agency head is the collegial body in a department or other governmental unit statutorily responsible for final agency action. Section
120.52(3), Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...and ECS amended its response to challenge both the 2019 and the
2021 rulemakings that purported to amend the Handbook and the
Classification Summary. ECS claimed that the 2019 and 2021
Handbooks and Classification Summaries were unadopted rules.
See § 120.52(20), Fla....
...Before the final hearing, the parties filed a joint stipulation.
Among other things, DCF admitted that the 2019 and 2021
versions of its Handbook and Classification Summary are “rules”
2
as defined by the APA. See § 120.52(16), Fla....
...interprets, or prescribes law or policy or describes the procedure or
practice requirements of an agency,” and the definition “includes
any form which imposes any requirement . . . not specifically
required by statute or by an existing rule.” § 120.52(16), Fla....
...Thus, the 2019 and 2021 rulemakings that purported to
amend the Classification Summary are also “rules.”
The APA defines “unadopted rule,” in turn, as “an agency
statement that meets the definition of the term ‘rule,’ but that has
not been adopted pursuant to the requirements of §
120.54.”
§
120.52(20), Fla....
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1366
...Nelson, Tallahassee, for appellant. No appearance for appellee. ZEHMER, Judge. The Department of Professional Regulation (DPR) appeals a nonfinal order denying its "Motion to Reopen Case and Conduct Formal Hearing," contending that the hearing officer misinterpreted section 120.52(11), Florida Statutes (1983)....
...On July 1, 1985, the hearing officer issued an order to show cause why the case should not be dismissed based on Yolman's status as a prisoner. After receiving DPR's response, the hearing officer entered an order holding that Yolman could not be a party to a section
120.57 hearing because section
120.52(11) states that prisoners may only participate in rule-challenge proceedings under section
120.54(3), (4), (5), or (9) or section
120.56 and may seek judicial review of those proceedings under section
120.68....
...on and cannot be delayed, even though Yolman is now a prisoner. The hearing officer's conclusion that Yolman's status as a prisoner precludes his participation as a party in a section
120.57 hearing is based on the definition of "party" contained in section
120.52(11), Florida Statutes (1983)....
...defined in s.
944.02(5) shall not be considered parties for the purposes of obtaining proceedings under s.
120.54(16) or s.
120.57, nor shall parolees be considered parties for these purposes when the proceedings relate to the revocation of parole." §
120.52(10), Fla. Stat. (1981). This court, in Daniels v. Florida Parole & Probation Commission,
401 So.2d 1351 (Fla. 1st DCA 1981), approved in Roberson v. Florida Parole & Probation Commission,
444 So.2d 917 (Fla. 1984), held that under that definition in subsection
120.52(10) prisoners were parties for purposes of seeking judicial review of their presumptive parole release dates as set by the Parole and Probation Commission....
...pen to be prisoners. It is an accepted principle of statutory construction that statutes are to be read in harmony with each other. City of Boca Raton v. Gidman,
440 So.2d 1277 (Fla. 1983). Application of this principle clearly mandates a reading of section
120.52(11) to mean that, except to the extent explicitly provided, prisoners cannot be parties to proceedings under section
120.57 when such administrative proceedings pertain to their status as a prisoner, and that the limitation in section
120.52(11) does not apply when a person's status as a prisoner is unconnected or irrelevant to the administrative proceeding involved....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...The department is governed by the personnel rules set out in Ch. 22A, F.A.C., with regard to the provisions of s. 110.061, F. S. AS TO QUESTION 1: The Department of Health and Rehabilitative Services is an "agency" within the meaning of the Administrative Procedure Act (Ch. 120, F. S.). Section 120.52 (1)(b); AGO's 075-6 and 076-50....
...Fla., 1970); City of Cape Coral v. G.A.C. Utilities, Inc.,
281 So.2d 493 (Fla. 1973); State ex rel. Greenberg v. Florida State Board of Dentistry,
297 So.2d 628 (1 D.C.A. Fla., 1974), cert. dismissed,
300 So.2d 900 (Fla. 1974). A "rule" is defined in s.
120.52 (14), F....
...on, procedure, or practice requirements of an agency." Expressly removed from the definition of "rule" are internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public. Section 120.52 (14)(a)....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16430
agency action” on the other’s application. Section 120.-52(10)(b), Florida Statutes (1978 Supp.); Bio-Medical
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 7605, 2009 WL 1675839
...First Quality contends that it is entitled to a formal administrative hearing as provided for in sections
120.569 and
120.57, Florida Statutes (2008). This hearing, however, is afforded to First Quality only if Alliance is an "agency" as defined in section
120.52(1), Florida Statutes (2007), [2] and section
287.012(1), Florida Statutes (2008)....
...2 (Fla.1994) ("The Administrative Procedure Act applies to all administrative agencies in Florida."). We conclude that Alliance is not an "agency" as defined by either the APA or Florida's procurement statute. The APA's definition of "agency" is set forth in section 120.52(1), which is divided into several subsections. Alliance does not fall within the definition of "agency" as provided in subsections (a), (b) or (c). First, section 120.52(1)(a), which applies to the Governor's exercise of executive powers other than those derived from the constitution is clearly inapplicable to Alliance....
...Finally, Alliance is not a unit of state government that has been made subject to the APA by general or special law or existing judicial decisions as required under subsection (c). See Greene v. Carson,
515 So.2d 1007 (Fla. 1st DCA 1987). We, therefore, conclude that Alliance is not an "agency" as defined by section
120.52(1)....
...the State's executive branch. Accordingly, we hold that Alliance is not a state agency pursuant to the definitions of "agency" as provided in the APA or in the procurement statute. In Mae Volen, the Fourth District concluded that the AAA fell within section 120.52(1)(b)(3), which lists a "board" as a state agency....
...t) despite the statutory reference to the governing body of the port authority as an "Authority"); Fla. Ass'n of Ins. Agents,
813 So.2d at 983 (holding that an unincorporated association is not "a `Board' or an `Authority' as those words are used in section
120.52(1), [and stating that] [a]s commonly understood in context, both of those words connote entities different from an unincorporated association"). This conclusion is further supported by subsection
120.52(1)(c)'s reference to "[e]ach other unit of government in the state" (emphasis added), thereby indicating that the previously listed entities in subsection
120.52(1)(b) are also government units. See State ex rel. State Attorney for Twelfth Judicial Circuit v. Gen. Dev. Corp.,
448 So.2d 1074, 1082-83 (Fla. 2d DCA 1984) (stating that subsections of
120.52(1) must be read in pari materia), approved,
469 So.2d 1381 (Fla.1985); see also Fla....
...2008) (court "cannot read [statutory] subsection... in isolation, but must read it within the context of the entire section in order to ascertain legislative intent for the provision"). Therefore, we hold that Alliance is not a "board" as that term is used in section
120.52(1)(b)(3). In holding that Alliance is not a state agency, we follow Vey v. Bradford Union Guidance Clinic, Inc.,
399 So.2d 1137, 1139 (Fla. 1st DCA 1981), and its conclusion that section
120.52(1)'s definition of "agency" "does not in terms encompass a private entity that contractually agrees to provide services for a state agency." As recognized in Vey, "a private entity which contracted to provide services for a state agency does not thereby become a state agency itself." Id....
...e Association be subject to the Act would, necessarily, also require the conclusion that many other similar entities are subject to the Act. Had the legislature intended such a result, given the apparently comprehensive nature of the list set out in section 120.52(1), we believe it would have said so....
...v. Area Agency on Aging Palm Beach/Treasure Coast, Inc.,
978 So.2d 191 (Fla. 4th DCA 2008), review denied,
1 So.3d 172 (Fla.2009). NOTES [1] The record contains the contract between the DOEA and Alliance from July 1, 2008, until June 30, 2009. [2] Section
120.52(1) states: As used in this act: (1) "Agency" means: (a) The Governor in the exercise of all executive powers other than those derived from the constitution....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 6546, 1992 WL 131895
...Contrary to appellants’ contentions, they are not entitled to a hearing on the agency’s decision to deny their rule-making petition. Bayonet Point Hospital, Inc. v. Department of Health and Rehabilitative Services,
490 So.2d 1318, 1320 (Fla. 1st DCA1986); see also, section
120.52(12), Florida Statutes (1989)....
CopyPublished | Florida 1st District Court of Appeal
...The
Department then adopted the recommendation and dismissed
Weisser’s petition.
Weisser is entitled to an administrative hearing if his
“substantial interests will be affected” by the approval of
2
GrowHealthy’s variance. See § 120.52(13), Fla....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...74-310, Laws of Florida, contained no provisions which would alter the application of the Administrative Procedure Act to the Department of Revenue. There are no provisions in Ch. 120, F. S., exempting the department from the provisions of the act, and it is within s. 120.52 , defining agency....
...Fla., 1962) at 612: Stripped of its irrelevant verbiage, this section [s. 120.021(2)] of the statute defines the term "rule" as a rule or order of general application adopted by an agency which affects the rights of the public or other interested parties. Section 120.52 (14), F....
...on. The Legislature should be held to have intended what it has plainly expressed. 30 Fla. Jur. Statutes s. 79, pp. 230-231 (1974). The legislative intent and meaning of the term "rule," as it is used in Ch. 120, F. S., is unequivocally expressed in s. 120.52 (14)....
...administration will be uniform, just, and otherwise in compliance with the requirements of the general law and the Constitution. Such forms and instructions could not reasonably be considered an exception to the definition of a rule as set forth in s. 120.52 (14), F....
...er" under Ch. 120, F. S. 1973, are not applicable as parameters. The new Ch. 120, F. S. 1975, covers all final agency actions. See Levinson, The Florida Administrative Procedure Act: 1974 Revision and 1975 Amendments, 29 U. Miami L. Rev. 617 (1975). Section 120.52 (2) and (9), F....
CopyPublished | Florida 1st District Court of Appeal
...An administrative order is rendered when
a signed, written order is filed with the clerk of the agency. See
Fla. R. App. P. 9.020(h); Hill v. Div. of Ret.,
687 So. 2d 1376, 1377
(Fla. 1st DCA 1997) (“An agency has not rendered a final order
until it is ‘filed with the agency clerk.’”) (citing §
120.52(7), Fla.
Stat.).
Here, there is no dispute that FDLE’s letter to Mr....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
Inc.,
382 So.2d 1280 (1 D.C.A.Fla., 1980). Section
120.52(14)(a), F.S., provides that internal management
CopyPublished | Florida 1st District Court of Appeal
...ng of its allocation
process.
Analysis
An agency may not propose or create a rule that “enlarges, modifies, or
contravenes the specific provisions of . . . the language of the enabling statute.” §
120.52(8)(c), (9), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20574
...Other substantially affected persons may join in the proceedings as parties or intervenors on appropriate terms which shall not unduly delay the proceedings. Petitioners have alleged that their substantial interests will be affected and have also alleged that they are parties as defined by § 120.52(10), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20422
...1st DCA 1980), the notice of appeal was filed on May 15, 1978; the order appealed was dated April 6, 1978. However, there was nothing in the record to indicate if or when the order was filed, and the cause was remanded for a determination of the filing date. When the orders on appeal in the above cases were entered, section 120.52(9), Florida Statutes (1977), read as follows: “Order” means a final agency decision which does not have the effect of a rule and which is not excepted from the definition of a rule .... An agency decision shall be final when reduced to writing. Subsequently, section 120.52(9) was amended by Chapter 79-299, section 1, Laws of Florida, and the following underlined language was added: An agency decision shall be final when reduced to writing and filed with the person designated by the agency as clerk....
...ate of rendition, thus eliminating the necessity of remanding cases for fact-finding proceedings on that issue. Since the timely filing of the notice of appeal is jurisdictional, the filing date of the final order is of vital importance. By amending section 120.52(9), the Legislature recognized that the filing date of an order should not be subject to dispute and directed that the agency’s clerk indicate the date of filing on the order....
CopyPublished | Florida 1st District Court of Appeal
...(“Statutory language granting rulemaking authority or
generally describing the powers and functions of an agency shall
be construed to extend no further than implementing or
interpreting the specific powers and duties conferred by the
enabling statute.”); see also § 120.52(8)(b), Fla....
...ed
legislative authority.” In defining “invalid exercise of delegated
legislative authority,” the APA notes that “[a]n agency may adopt
only rules that implement or interpret the specific powers and
duties granted by the enabling statute.” § 120.52(8), Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...1 If it fails to do so, the Commissioner of Education is authorized to designate a nonprofit organization to govern athletics with the approval of the State Board of Education. While section 232.60, Florida Statutes, provides that the organization is not a state agency as defined in section 120.52 , Florida Statutes, the Auditor General is required to audit the organization's books and records....
CopyPublished | Florida 6th District Court of Appeal
...resides or as otherwise provided by law.” §
120.68(1)(a), (2)(a), Fla. Stat. (2016).
The problem is that the Commission, when acting pursuant to its
constitutional powers, is not an “agency” as defined by the APA, and its actions,
therefore, are not “agency action.” Section
120.52(1)(a) of the APA defines agency
to mean certain officers and governmental entities, including the Commission, “if
acting pursuant to powers other than those derived from the constitution.” (emphasis
added)....
...The Commission
was not acting under the APA when it conducted the administrative proceeding at
issue in this case, and there was no final agency action under section
120.68. While
section
120.68 is a general law, the Commission’s procedures incorporating section
120.68 are not a general law.
Second, section
120.52(1)(a) defines agency to mean certain officers and
governmental entities, including the Commission, “if acting pursuant to powers
other than those derived from the constitution.” Thus, for an agency to be an agency
for purposes o...
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
942 (1 D.C.A. Fla., 1985). 4 Section
120.52(8), F.S. 5 Section
120.52(8)(b) and (c), F.S. 6 566 So.2d
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2945601, 2017 Fla. App. LEXIS 9889
...is
available for public viewing at [the Department’s website].” (emphasis added).
On August 23, 2016, the Association filed with the Division of Administrative
Hearings (DOAH) a petition alleging that the proposed amendments to rule 62-
302.530 were invalid exercises of delegated legislative authority under section
120.52(8)(a), (d), and (e), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
determinations made by the commission itself. Section
120.52(1)(b), F.S., defines `agency' to mean `[e]ach
CopyPublished | District Court of Appeal of Florida | 25 Educ. L. Rep. 717, 10 Fla. L. Weekly 237, 1985 Fla. App. LEXIS 12004
ORFINGER, Judge. Contrary to petitioner’s assertion, an agreement whereby a radio station is permitted to broadcast University of Florida football games is not a “license” as that term is defined by section 120.52(8), Florida Statutes (1983)....
...1 Therefore, the radio station does not have a clear legal right to the administrative review provisions of section
120.57 prior to such permission to broadcast being withdrawn. The petition for writ of mandamus requesting that this court require such a hearing is DENIED. COBB, C.J., and DAUKSCH, J., concur. . Section
120.52(8), Florida Statutes (1983) states: "License" means a franchise, permit, certification, registration, charter, or similar form of authorization required by law, but it does not include a license required primarily for revenue purposes...
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...ant to Ch. 373 , F.S. The hearing examiners are employed and paid on a case-by-case basis and are all attorneys, although some are not admitted to practice in the State of Florida. These hearings are apparently conducted pursuant to s. 373.126, F.S. Section 120.52 (1)(b), F.S., defines agency to include each "board, district and authority, including but not limited to, those described in chapters ....
CopyPublished | Florida 3rd District Court of Appeal
...who makes an appearance as a party;” 3) “[a] person . . . allowed by the
agency to intervene or participate in the proceeding as a party;” and 4) “[a]
county representative . . . or unit funded and authorized . . . to represent [the
county’s consumers].” § 120.52(13)(a)-(d), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 432, 2001 WL 45252
...that the ALJ’s order is “final” in that it marks the end of the adjudicatory process with respect to the issue of attorneys’ fees and costs. See generally Hill v. Division of Retirement,
687 So.2d 1376 (Fla. 1st DCA 1997). In pertinent part, section
120.52(7), Florida Statutes (2000), defines a “final order” as “a written final decision which results from a proceeding under s....
...” The order at issue here clearly “results from” a proceeding under section
120.56, since the successful prosecution of a challenge to a proposed rule pursuant to section
120.56(2) is a necessary precondi *339 tion to seeking such an award under section
120.595(2). The language of section
120.52(7) therefore includes the order at issue here within its definition of a “final order.” The order under review also qualifies as “agency action” within the meaning of section
120.52(2), Florida Statutes (2000). Section
120.52(2) defines “agency action” as “the whole or part of a rule or order, or the equivalent, or the denial of a petition to adopt a rule or issue an order.” Since its finality is not in question, the ALJ’s order is appealable pursuant to section
120.68(1)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14038
become a party as defined under Florida Statute § 120.-52(1). Accordingly, the order below is AFFIRMED.
CopyPublished | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 160
ALLEN, Judge. The appellants are prison inmates appealing an agency order entered in a proceeding upon a petition under section
120.54(4), Florida Statutes, and section
120.56, Florida Statutes. These appeals were pending on July 1, 1992, when section
120.52(12)(d), Florida Statutes (Supp.1992), became effective....
...tion
120.54(4) or section
120.56 proceedings, or to seek judicial review under section
120.68, Florida Statutes, with regard to such agency action. These appeals no longer being authorized by law, and no reason having been shown why the amendment to section
120.52(12)(d) should not apply, these appeals are dismissed....
CopyPublished | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 340, 2013 WL 149752
...the February 15, 2012, letter from the Department constitutes final agency action subject to appellate review under section
120.68, Florida Statutes. However, because the order has not been filed with the agency clerk, it has not yet been rendered. §
120.52(7), Florida Statutes; see also Hill v....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 1323, 2005 WL 293025
...He filed a petition for administrative hearing challenging this agency action, but it was dismissed because, as an at-will employee, he had no standing. We affirm. In order to obtain review of the action of an administrative agency, a person’s “substantial interests” must have been determined. §
120.52(12)(a) and §
120.57(l)(e)l, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 483348, 2014 Fla. App. LEXIS 1741
...ly initiated rulemaking on matters related to the policy at issue in this case. . An unadopted rule is "an agency statement that meets the definition of the term ‘rule,’ but that has not been adopted pursuant to the requirements of s.
120.54.” §
120.52(20), Fla....
...(requiring agency statements that meet the definition of a rule to be adopted through the rulemaking process as soon as feasible and practicable). A "rule” is "each agency statement of general applicability that implements, interprets, or prescribes law or policy.” § 120.52(16), Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
District an "agency" as that term is defined in section
120.52(1), Florida Statutes? In sum: As an entity
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14266
is defined in the Administrative Procedure Act, §
120.52(8). Such a proceeding is therefore among those
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 729535, 2017 Fla. App. LEXIS 2526
...of Pari-Mutuel Wagering,
53 So.3d 1158, 1160 (Fla. 1st DCA 2011); Doyle v. Dep’t of Bus. Reg.,
794 So.2d 686, 690 (Fla. 1st DCA 2001). The Agrico decision provides a two-prong test to determine when a challenger to agency action meets the “substantial interest” element found in section
120.52(13)(b), Florida Statutes (2016)....
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 1788, 1991 WL 27181
...20.56(2) goes on to state that the petition must be in writing, and "state with particularity facts sufficient to show the person seeking relief is substantially affected by the rule and facts sufficient to show the invalidity of the rule." Finally, section 120.52(8)(d) provides that "[a] proposed or existing rule is an invalid delegation of legislative authority if ......
...Ramadanovic contended that these facts demonstrated that the rules were an invalid exercise of delegated legislative authority, in that they were vague, provided inadequate standards to the agency, and vested unbridled discretion in the agency. See § 120.52(8)(d), Fla....
...This appears to be no more than he must allege to meet the requirements of section
120.56(2). The final sentence of the decretal portion of the order states that, "Since a
120.57(1) proceeding is not available in this case, the Petition is dismissed." This is presumably a reference to section
120.52(12)(d), the gist of which is that inmates may not be parties in section
120.57 proceedings....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 2358, 2007 WL 516131
...sthetist, or pedorthist. In such instances the supervising licensee is responsible for all acts performed by such persons. (emphasis added). Appellants argue the Board’s proposed rule is an invalid exercise of delegated legislative authority under section 120.52(8)(b) and (c), Florida Statutes....
...A proposed rule becomes an “invalid exercise of delegated legislative authority” if the agency “has exceeded its grant of rulemaking authority,” or the proposed rule “enlarges, modifies, or contravenes the specific provisions of law implemented.” § 120.52(8)(b)-(c), Fla....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...e Act, Ch. 120, F. S., apply to the Monroe County Mosquito Control District? SUMMARY: The Monroe County Mosquito Control District, having jurisdiction in only one county or part thereof, is not an intergovernmental or regional agency as described in s. 120.52 (1)(b), F. S., and as an `other unit of government located in the state,' as described in s. 120.52 (1)(c), is subject to the provisions of Ch....
...concerning application of the Administrative Procedure Act to Lower Florida Keys Hospital District. There, I determined that the answer to the question depended on whether the hospital district is an agency as that term is defined in Ch. 120, F. S.: 120.52 Definitions....
...(c) Each other unit of government in the state, including counties and municipalities to the extent they are expressly made subject to this act by general or special law or existing judicial decisions. . . . In AGO 77-142, I first noted that the agencies enumerated in s. 120.52 (1)(b), F....
...Fla., 1975), and the observations of the Chairman of the Law Revision Council Committee on the Administrative Procedure Act Project, I concluded that units of local government having jurisdiction in only one county or a part thereof which are not intergovernmental or regional agencies or programs described in s. 120.52 (1)(b) are subject to the provisions of Ch....
...ecial tax district existing only in Monroe County. Chapter 67-1726 , Laws of Florida, as amended by Chs. 74-537 and 76-440, Laws of Florida. Accordingly, I conclude that the Monroe County Mosquito Control District is not included as an agency within s. 120.52 (1)(a) or (b), F....
CopyPublished | Florida 5th District Court of Appeal
...3d 1158, 1160 (Fla. 1st DCA 2011); Doyle v. Dep’t of Bus.
Reg.,
794 So. 2d 686, 690 (Fla. 1st DCA 2001).
The Agrico decision provides a two-prong test to determine when a challenger to
agency action meets the “substantial interest” element found in section
120.52(13)(b),
Florida Statutes (2016)....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 1979, 2011 WL 553494
...water, or natural resources of.” Section
120.569(1), Florida Statutes, provides in part that: “The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency....” Additionally, section
120.52(13)(b) defines “party” as “[a]ny other person who, as a matter of constitutional right, provision of statute, or provision of agency regulation, is entitled to participate in whole or in part in the proceeding, or whose substanti...
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11793
...Ap-pellee, Tampa Heart Institute, has moved to dismiss, contending that the order of the hearing officer is merely a recommended order and can only be finally disposed of by the agency involved, the Department of Health and Rehabilitative Services. We agree. See section 120.52(ll)(c), Florida Statutes (1983), and Department of Professional Regulation v....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19409
...The trial court’s order is hereby quashed and the court is directed to conduct further proceedings in accord herewith. LETTS, C.J., and HERSEY, J., concur. . Review of an administrative agency not covered by the Florida Administrative Procedure Act, section 120.52(l)(c), Florida Statutes (1981), is by petition to the circuit court for *702 writ of certiorari....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18653
...emorial Hospital. The municipal board was created by special act of the legislature in Chapter 65-2299, Laws of Florida. The court held that because no general or special law mandates otherwise, the board is not an “agency” within the meaning of section 120.52(l)(c), Florida Statutes (1977)....
CopyPublished | Florida 1st District Court of Appeal
...he State Board of
Education (Board) in April 2013. UFF raises two issues. First, UFF contends that
the administrative law judge (ALJ) erred in concluding that the challenged rule is
not an invalid exercise of delegated legislative authority under section
120.52(8)(b), Florida Statutes (2012).1 Second, UFF contends that the “statutory
framework” pursuant to which the challenged rule was adopted violates the
nondelegation doctrine embodied in article II, section 3, of the Florida
Constitution....
...to
be used in determining whether to award or terminate a continuing contract;
requires periodic performance reviews of employees working under continuing
1
UFF does not challenge the ALJ’s ruling that the challenged rule is not invalid
under section 120.52(8)(c) or (8)(d).
2
contracts; requires each college to develop criteria to measure “student success”
and requires those criteria to be used in the employee’s performance review; and
author...
...of authority’ test set forth in
[Southwest Florida Water Management District v.] Save the Manatee [Club, Inc.,
773 So. 2d 594 (Fla. 1st DCA 2000)].” We agree with the ALJ on the latter point,
but not the former.
A rule is invalid under section
120.52(8)(b) if the agency “exceed[s] its grant
of rulemaking authority.” A grant of rulemaking authority is the “statutory
language that explicitly authorizes or requires an agency to adopt [a rule].” §
120.52(17), Fla. Stat. The scope of an agency’s rulemaking authority is
constrained by section
120.536(1) and the so-called “flush-left paragraph” in
section
120.52(8), which provide that an agency may only adopt rules to
“implement or interpret the specific powers and duties granted by the [agency’s]
3
enabling statute”; that an agency may not ad...
...cribing the
powers and functions of an agency shall be construed to extend no further than
implementing or interpreting the specific powers and duties conferred by the
enabling statute.”
Section
120.536(1) and the flush-left paragraph in section
120.52(8) require
a close examination of the statutes cited by the agency as authority for the rule at
issue to determine whether those statutes explicitly grant the agency authority to
adopt the rule....
...and
authorized the agency to implement it . . . .”); see also Fla. Elections Comm’n v.
Blair,
52 So. 3d 9, 12-13 (Fla. 1st DCA 2010) (explaining that the definition of
4
“rulemaking authority” in section
120.52(17) does not further restrict agency
rulemaking authority beyond what is contained in the flush-left paragraph in
section
120.52(8), as construed by this court in Save the Manatee Club and
subsequent cases).
Here, based upon our de novo review, 2 we conclude that the statutes cited as
rulemaking authority for the challenged rule contain the necessary ...
...ing authority to adopt the
challenged rule. Accordingly, although we do not fully agree with the ALJ’s
reasoning, we agree with (and affirm) her ruling that the challenged rule is not an
invalid exercise of delegated legislative authority under section 120.52(8)(b)....
...to implement the
provisions of law conferring duties upon it for the improvement of the state system
of K-20 public education except for the State University System,” is a general
grant of rulemaking authority that is insufficient by itself to provide the requisite
authority for the challenged rule. See §§
120.52(8),
120.536(1), Fla....
...bling statute.” Sw.
Water Mgmt. Dist. v. Save the Manatee Club,
773 So. 2d 594, 599 (Fla. 1st DCA
2000). Accordingly, a general grant of authority to address a subject does not
provide valid exercise of delegated legislative authority.
Section
120.52(8) provides:
A grant of rulemaking authority is necessary but not sufficient to allow
an agency to adopt a rule; a specific law to be implemented is also
required....
...implementing or interpreting the specific powers and duties conferred
by the enabling statute.
Although this rule is related to the subject of the enabling legislation—
personnel and contracting—that is insufficient. In amending section 120.52(8) in
1999, the legislature specifically rejected the notion that rulemaking authority is
authorized simply because the rule relates to the subject of the legislation. Section
120.52(8) provides that “an agency may adopt only rules that implement or
interpret the specific powers and duties granted by the enabling statute.” See Save
the Manatee Club, 773 So....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 1797, 2015 WL 557206
...e Florida Rules of Appellate Procedure. Such correspondence, however, is riot “a written final decision which results from a proceeding” conducted pursuant to chapter 120 of the Florida Statutes and, therefore, does not constitute a final order. § 120.52(7), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...9.030(b)(1)C) of the Florida Rules of Appellate Procedure. Such correspondence,
however, is not “a written final decision which results from a proceeding”
conducted pursuant to chapter 120 of the Florida Statutes and, therefore, does not
constitute a final order. § 120.52(7), Fla....
CopyPublished | Supreme Court of Florida
..., along with the sufficiency of Rules
11D-8.012 and 11D-8.013 to produce scientifically reliable results.3 The petition
alleged that these deficiencies amounted to an invalid exercise of delegated
legislative authority under various provisions of section 120.52(8), Florida Statutes
(2009).
Blood Collection Equipment at Issue
There are two relevant types of needles in this case: straight and butterfly
needles....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2575, 1986 Fla. App. LEXIS 11284
...esides. Review proceedings shall be conducted in accordance with the Florida Appellate Rules.” 3 §
120.68(1), (2), Fla.Stat. (1985) (emphasis added). “Agency action” under the above statute includes a rule adopted by an administrative agency. §
120.52(2), Fla.Stat. (1985). An administrative “agency,” however, under the above statute does not include the Florida Game and Fresh Water Fish Commission, §
120.52(1), Fla.Stat....
...Sullivan,
158 Fla. 870 ,
30 So.2d 919 (1947); Price v. City of St. Petersburg,
158 Fla. 705 ,
29 So.2d 753 (1947). *632 Plainly, then, this Commission is not a statutorily created administrative agency “as defined in the Administrative Procedure Act [§
120.52(1), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18187
party standing for a §
120.57 proceeding. See Section 120.-52(10)(d), Florida Statutes (1979). However, this
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 20497
PER CURIAM. Respondent, an agency of the State of Florida subject to the Administrative Procedure Act, issued a final order but refuses to properly render it by filing it with the clerk. See § 120.52(7), Fla....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...4 Section
120.536 , Florida Statutes, requires that there be a specific law to be implemented along with a grant of rulemaking authority before an agency may adopt a rule on a particular matter. An agency may adopt only rules that implement or interpret specific powers or duties granted by an agency's enabling legislation. Section
120.52 (16), Florida Statutes, defines "[r]ule" to mean " each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes an...
...committee that reviewed them and made recommendations as to whether they should be approved or denied was an unadopted rule. The board argued that the practice fell within the internal management memorandum exception to the rulemaking requirement in section 120.52 , Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
...here, the fairness of the agency’s proceedings were impaired by the agency’s failure
to follow the prescribed statutory procedures. Critically, though, by the express
terms of the statute, only a “party” may invoke such jurisdiction. §
120.68(1)(a), Fla.
Stat. (2017).
Section
120.52(13) of the Florida Statutes defines a “party” for the purposes
of the APA, and reads in relevant part:
(13) “Party” means:
(a) Specifically named persons whose substantial interests are being
determined in...
...the proceeding as a party.
10
An agency may by rule authorize limited forms of
participation in agency proceedings for persons who are not eligible to
become parties.
§§ 120.52(13)(a), (b), (c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
jurisdiction. §
120.68(1)(a), Fla. Stat. (2017). Section
120.52(13) of the Florida Statutes defines a "party"
CopyPublished | Florida 3rd District Court of Appeal
jurisdiction. §
120.68(1)(a), Fla. Stat. (2017). Section
120.52(13) of the Florida Statutes defines a "party"
CopyPublished | Supreme Court of Florida
...We therefore deny the petition for writ of certiorari. Central to this determination is our specific finding that the Commission's Order No. T-75-74, which we review today, does not constitute final agency action within the contemplation of the Act. Section 120.52(9), Florida Statutes (1975), reads as follows: "`Order' means a final agency decision which does not have the effect of a rule and which is not excepted from the definition of a rule, whether affirmative, negative, injunctive, or declaratory in form....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12545, 1993 WL 530856
...ction may be filed by any substantially interested person.” §
120.69(l)(b), Fla.Stat. (1991) (emphasis supplied). “Agency action” is defined by the Administrative Procedure Act as “the whole or part of a rule or order, or the equivalent.” §
120.52(2), Fla.Stat. (Supp.1992). “Order” is, in turn, defined as “a final agency decision.” §
120.52(11), Fla....
...Bradford Union Guidance Clinic, Inc.,
399 So.2d 1137, 1138 (Fla. 1st DCA 1981) (DOAH hearing officer has power to rehear and reconsider an earlier denied motion). There never was a final agency decision which was reduced to writing and filed with the agency clerk, as required by Section *290
120.52(11)....
CopyPublished | District Court of Appeal of Florida
Number 19 to be a rule within the purview of Section
120.52(14), Florida Statutes (1975). The provisions
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
an agency pursuant to s.
120.57(1) or (2). Section
120.52(2), F.S. (1974 Supp.). Section
120.57(1), F
CopyPublished | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 12801, 1992 WL 379420
...nce, and that the conclusions of law, stating that the Florida Marine Fisheries Commission’s proposed Rules 46-39.0055, 46-39.0075, and 46-39.-0095, Florida Administrative Code, are arbitrary and capricious, and therefore invalid, are correct. See section 120.52(8); Adam Smith Enterprises, Inc....
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 15414, 5 Media L. Rep. (BNA) 1861
...danger, necessity, and procedural fairnesS-.shall be judicially reviewable. . We do not overlook that Section
120.68(1) requires that appellant be a “party” as well as one “adversely affected.” That reference to the “party” definition in Section
120.52(10) might in other circumstances make it h’ecessdry to inquire whether appellant is one “whose substantial interests will be affected by proposed agency action, and who makep an •appearance as a party” (emphasis added)....
CopyPublished | Florida 4th District Court of Appeal
...This same standard applies to a petition to challenge a
permit, which can also be last-minute amended if due process is
preserved. See Fla. Bd. of Med. v. Fla. Acad. of Cosmetic Surgery, Inc.,
808
So. 2d 243, 256 (Fla. 1st DCA 2002), superseded by statute, §
120.52(8),
Fla....
CopyPublished | Florida 1st District Court of Appeal
...The
constitutional right to appeal that judgment is an implicit
recognition of this.
Administrative proceedings are different, as are the orders
those proceedings produce. One example: under the APA, who is a
“party” to such a proceeding is much broader than who can be a
party in a judicial proceeding. See, e.g., § 120.52(13)(c), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 10187, 2000 WL 1090728
...issed with prejudice their petition seeking an administrative determination that the long range transportation plan adopted by the Metropolitan Planning Organization for the Orlando Urban Area, appellee, constituted an invalid “rule” pursuant to section 120.52(8)(a), Florida Statutes (1997)....
CopyPublished | District Court of Appeal of Florida
delegated legislative authority, in violation of section
120.52(8)(b-c), Florida Statutes. In its summary
CopyPublished | Florida 1st District Court of Appeal
...The IOP was not adopted as a rule pursuant to the procedures outlined in section
120.54, Florida Statutes. After a hearing, the DOAH found paragraph 81-6.3A, establishing coupons as the medium of exchange at UCI, to be an unpromulgated, invalid rule within the meaning of section
120.52(15), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...fore the U.S. Court of Appeals for the Fifth Circuit. The hearing officer applied the "highly deferential reasonable basis standard" of Florida League of Cities, Inc. v. Department of Environmental Regulation,
603 So.2d 1363 (Fla. 1st DCA 1992), and section
120.52(8) in determining whether the proposed rules constitute an invalid exercise of delegated legislative authority, also citing Department of Corrections v....
...stated in proposed rule 4-223.001." She concluded that DOI had prepared "an appropriate detailed EIS" for the June 1992 version of the rules and had properly considered the economic impact of the October 1992 amendments, and that it had not violated section
120.52(8)(a), nor "materially failed to follow the applicable rulemaking procedures set forth in Section
120.54." The hearing officer's findings, that annuities are commonly viewed as investment products rather than insurance, and that nation...
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 11592, 2009 WL 2513472
...t implements, do not, in fact, provide the necessary authorization to promulgate the rule. The ALJ disagreed and found sections
479.02(1) and
339.05, Florida Statutes (2007), provide support for the rule and, thus, the ALJ denied the petition. Under section
120.52(8), Florida Statutes (2007), a rule by an administrative agency may be challenged as "an invalid exercise of delegated legislative authority," meaning "action which goes beyond the powers, functions, and duties delegated by the Legisla...
...ed its grant of rulemaking authority, citation to which is required by s.
120.54(3)(a)1.," and (2) whether "[t]he rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s.
120.54(3)(a)1." §
120.52(8)(b), (c), Fla. Stat. (2007). Also, the last paragraph of section
120.52(8) includes general standards for challenging a rule and provides in pertinent part: A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required....
...n
339.05 states that it applies in the context of construction of roads. Regulation of a sign's HAGL is not logically related to the construction of roads. Thus, section
339.05 cannot provide the required authority *804 for Rule 14-10.007(2)(b). See §
120.52(8), Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16586
decision shall be final when reduced to writing.” Section
120.52(9). Agencies are, however, authorized to adopt
CopyPublished | District Court of Appeal of Florida | 93 L.R.R.M. (BNA) 2406, 1976 Fla. App. LEXIS 15333
...1975, the motion was granted by the Commission’s Chairman. While Part II of Chapter 447, Florida Statutes, (the statute which deals with collective bargaining by public employees) is silent in relation to intervention in a proceeding before PERC, § 120.52(10), Florida Statutes, (the Administrative Procedure Act) includes in the definition of the term “party” in an administrative proceeding the following provision which is applicable here: “(b) Any other person who, as a matter of const...
CopyPublished | Court of Appeals for the Eleventh Circuit
...failed to comply with administrative rulemaking requirements,17 the district court
cited both federal cases applying the federal Administrative Procedure Act, 5
U.S.C. § 701 et seq. (“APA”), as well as state cases applying Florida’s
Administrative Procedure Act, Fla. Stat. § 120.52 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit | 50 Fed. R. Serv. 3d 1161, 2001 U.S. App. LEXIS 18552
...administrative rulemaking requirements,16 the district court cited both federal cases applying the federal
Administrative Procedure Act, 5 U.S.C. § 701 et seq. ("APA"), as well as state cases applying Florida's
Administrative Procedure Act, Fla. Stat. § 120.52 et seq....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 10333, 1998 WL 476174
...1 The Commission found Phillips “guilty ... as charged in the Administrative Complaint” and revoked his instructor’s license. Phillips argues on appeal that the 1991 approval of his correspondence course constituted a “license” as defined in section 120.52(9), Florida Statutes (Supp....
...1996), and that, in withdrawing the approval of this license by adopting rule 61J2-3.009(5)(f), the Commission failed to comply with the notice and due process requirements of section
120.60(5), Florida Statutes (Supp.1996). We agree. The legislature has defined a “license” in section
120.52(9) as a franchise, permit, certification, registration, charter, or similar form of authorization required by law, but it does not include a license required primarily for revenue purposes when issuance of the license is merely a ministerial act....
...Branham,
92 Fla. 515 ,
109 So. 442 (1926), where the statute governing the licenses provides a method of revocation, that method must be followed. See generally 8 Fla. Jur.2d Businesses and Occupations § 75 (1996). A “license” granted pursuant to section
120.52(9) cannot be revoked or withdrawn without complying with section
120.60(5)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 11894, 2015 WL 4731413
...ponsible for taking final agency action on applications to change pilotage rates.” Biscayne Bay Pilots, Inc. v. Fla. Caribbean-Cruise Ass’n,
160 So.3d 559, 560 (Fla. 1st DCA 2015) (citing section
310.151(4)(a), Florida Statutes (2014)); see also §
120.52(3), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4688, 2010 WL 1407374
...gate each applicant and may issue the applicant a license if the office finds that the applicant: (a) Has provided a detailed plan of operation." The ALJ found Interrogatory 1.d. enlarged the specific provisions of law implemented as contemplated by section 120.52(8)(c)....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...S., is the newly revised Administrative Procedure Act of the State of Florida, created through Chs. 74-310 and 75-191, Laws of Florida, designed to embrace all administrative proceedings of the various state agencies, departments, and officers and, where specifically made applicable, counties and municipalities. Section 120.52 ....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3674, 1993 WL 96765
...determining the validity of the Board of Medicine’s proposed “Surgical Care Rule,” Rule 21M-20.015, Florida Administrative Code. We affirm. Appellants contend that the proposed rule is an invalid exercise of legislative authority as defined in section 120.52(8), Florida Statutes, because the Board of Medicine does not have the authority to create a “standard of practice” rule, because the rule creates a new standard of care which modifies, expands, and contravenes existing law, because...
CopyPublished | Florida 1st District Court of Appeal
...challenge to an agency statement that qualifies as an unadopted
rule. An “unadopted rule” is “an agency statement that meets the
definition of the term ‘rule,’ but that has not been adopted
pursuant to the requirements of [section
120.54, Florida
Statutes].” §
120.52(20), Fla. Stat. (2023). A “rule” is defined as
“each agency statement of general applicability that implements,
interprets, or prescribes law or policy or describes the procedure or
practice requirements of an agency . . . .” §
120.52(16), Fla....
CopyPublished | Florida 1st District Court of Appeal
...administrative hearing on the rate orders.
Under the Administrative Procedure Act, a “final order” is
issued at the conclusion of any formal or informal administrative
proceedings, and constitutes final agency action subject to
judicial review by the appellate court. 2 See §
120.52(7);
120.569;
see also Fla....
...(rule challenges), section
120.565 (declaratory statements),
section
120.569 (decisions affecting substantial interests), section
120.57 (formal and informal administrative hearings), section
120.573 (mediation of disputes), or section
120.574 (summary
hearings). §
120.52(7), Fla....
...tablishing
Citizens’ rates, as compared to the process utilized for private
insurers. Unlike Citizens, private insurers are entitled to
administratively challenge OIR’s rating decisions. See
2 Within the definition of “final order” in section
120.52(7),
“final agency action” is the end point of the administrative
proceedings, triggering judicial review under section
120.68(1).
See Sowell v....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
available for public inspection and copying. Section
120.52(1)(b), F. S., in relevant part, defines `agency'
CopyPublished | Florida 5th District Court of Appeal | 1988 Fla. App. LEXIS 4303
show that such an order was involved here. See §
120.52(10), Fla.Stat. (1985). The doctor next contends
CopyPublished | Florida 1st District Court of Appeal
...The Hospitals appeal asserting the ALJ erred in declaring both the existing and proposed rules as valid exercises of delegated legislative authority and that implementing the MTA and unit cost cap methodologies does not constitute an invalid unadopted rule under section 120.52(8)(a), (c)-(e), Florida Statutes....
...Both the Existing and Proposed Rules Relating to the MTAs Enlarge, Modify, or Contravene the Enabling Statutes. An agency may not propose or create a rule that "enlarges, modifies, or contravenes the specific provisions of ... the language of the enabling statute." §§
120.52(8)(c), (9),
120.56(2) - (3), Fla....
...he Outpatient Plan and promulgated as a rule. The APA defines a "rule" as "each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency ...." § 120.52(16), Fla....
...Florida courts have long recognized that "every agency action is 'a recognizable rule or an order' under the APA or is 'incipiently a rule or order.' " Friends of Hatchineha, Inc. v. State, Dep't of Envtl. Regulation ,
580 So.2d 267 , 271 (Fla. 1st DCA 1991) ; see also §
120.52(2), Fla....
...The Agency's failure to verify its procedures were achieving the legislatively directed cuts and to promulgate its methodologies as rules constitutes an enlargement, modification, and contravention of the laws implemented. We, therefore, find that both the existing and proposed rules are invalid under section 120.52(8)(c), Florida Statutes....
...ion, and Vest Unbridled Discretion in the Agency. A rule is an invalid exercise of delegated legislative authority when "[t]he rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the Agency[.]" § 120.52(8)(d), Fla. Stat. "An administrative rule is invalid under section 120.52(8)(d), Florida Statutes, if it forbids or requires the performance of an act in terms that are so vague that persons of common intelligence must guess at its meaning and differ as to its application." State, Dep't of Fin....
...This methodology constitutes general applicability that implements, interprets, or prescribes law or policy, and meets the definition of a rule, yet the Agency did not adopt the methodology as a rule. As such, the unit cost cap is invalid as it was not adopted through rulemaking. § 120.52(8)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Hospitals appeal asserting the ALJ erred in declaring both the existing and proposed rules as valid exercises of delegated legislative authority and that implementing the MTA and unit cost cap methodologies does not constitute an invalid unadopted rule under section 120.52(8)(a), (c)-(e), Florida Statutes....
...Both the Existing and Proposed Rules Relating to the MTAs Enlarge, Modify, or Contravene the Enabling Statutes. An agency may not propose or create a rule that "enlarges, modifies, or contravenes the specific provisions of ... the language of the enabling statute." §§
120.52(8)(c), (9),
120.56(2) - (3), Fla....
...he Outpatient Plan and promulgated as a rule. The APA defines a "rule" as "each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency ...." § 120.52(16), Fla....
...Florida courts have long recognized that "every agency action is 'a recognizable rule or an order' under the APA or is 'incipiently a rule or order.' " Friends of Hatchineha, Inc. v. State, Dep't of Envtl. Regulation ,
580 So.2d 267 , 271 (Fla. 1st DCA 1991) ; see also §
120.52(2), Fla....
...The Agency's failure to verify its procedures were achieving the legislatively directed cuts and to promulgate its methodologies as rules constitutes an enlargement, modification, and contravention of the laws implemented. We, therefore, find that both the existing and proposed rules are invalid under section 120.52(8)(c), Florida Statutes....
...ion, and Vest Unbridled Discretion in the Agency. A rule is an invalid exercise of delegated legislative authority when "[t]he rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the Agency[.]" § 120.52(8)(d), Fla. Stat. "An administrative rule is invalid under section 120.52(8)(d), Florida Statutes, if it forbids or requires the performance of an act in terms that are so vague that persons of common intelligence must guess at its meaning and differ as to its application." State, Dep't of Fin....
...This methodology constitutes general applicability that implements, interprets, or prescribes law or policy, and meets the definition of a rule, yet the Agency did not adopt the methodology as a rule. As such, the unit cost cap is invalid as it was not adopted through rulemaking. § 120.52(8)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Hospitals appeal asserting the ALJ erred in declaring
both the existing and proposed rules as valid exercises of delegated
legislative authority and that implementing the MTA and unit cost
cap methodologies does not constitute an invalid unadopted rule
under section 120.52(8)(a), (c)-(e), Florida Statutes....
...Both the Existing and Proposed Rules Relating to the MTAs
Enlarge, Modify, or Contravene the Enabling Statutes.
32
An agency may not propose or create a rule that “enlarges,
modifies, or contravenes the specific provisions of . . . the language
of the enabling statute.” §§
120.52(8)(c), (9),
120.56(2)-(3), Fla.
Stat....
...in the Outpatient Plan and promulgated as a rule. The APA
defines a “rule” as “each agency statement of general applicability
that implements, interprets, or prescribes law or policy or
describes the procedure or practice requirements of an agency . . .
.” § 120.52(16), Fla....
...Florida courts have long
recognized that “every agency action is ‘a recognizable rule or an
order’ under the APA or is ‘incipiently a rule or order.’” Friends of
Hatchineha, Inc. v. State, Dep’t of Envtl. Regulation,
580 So. 2d
267, 271 (Fla. 1st DCA 1991); see also §
120.52(2), Fla....
...The Agency’s failure to verify its procedures were
achieving the legislatively directed cuts and to promulgate its
methodologies as rules constitutes an enlargement, modification,
and contravention of the laws implemented.
We, therefore, find that both the existing and proposed rules
are invalid under section 120.52(8)(c), Florida Statutes.
B....
...Decision, and Vest Unbridled Discretion in the Agency.
A rule is an invalid exercise of delegated legislative authority
when “[t]he rule is vague, fails to establish adequate standards for
agency decisions, or vests unbridled discretion in the Agency[.]” §
120.52(8)(d), Fla. Stat. “An administrative rule is invalid under
section 120.52(8)(d), Florida Statutes, if it forbids or requires the
performance of an act in terms that are so vague that persons of
common intelligence must guess at its meaning and differ as to its
application.” State, Dep’t of Fin....
...This methodology constitutes
general applicability that implements, interprets, or prescribes
law or policy, and meets the definition of a rule, yet the Agency did
not adopt the methodology as a rule. As such, the unit cost cap is
invalid as it was not adopted through rulemaking. § 120.52(8)(a),
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 1325869, 2017 Fla. App. LEXIS 4952
...to the ALJ’s order, Appellants fail to
establish any erroneous interpretation or application of law in the ALJ’s ruling that
the rule amendment was not an “invalid exercise” of the Board’s delegated
legislative authority, as defined in section 120.52(8), Florida Statutes....
...There has been no
showing that the rule is vague or that it vests unbridled discretion in the Board.
The ALJ’s conclusion that the evidence “fails to establish that the proposed rule is
an invalid exercise of delegated legislative authority, or is arbitrary or capricious as
those terms are defined by section 120.52(8),” is clearly supported by the
voluminous record of the multiple public hearings and Board meetings over the
years of these rulemaking proceedings.
Finally, we find no basis to set aside the ALJ’s final order on the othe...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3801, 1991 WL 54138
...t to Section
120.54(4), Florida Statutes (1989), any substantially affected person may seek an administrative determination of the invalidity of any proposed rule on the ground that it is an invalid exercise of delegated legislative authority. Under Section
120.52(8), a proposed rule is an invalid exercise of delegated legislative authority if the rule enlarges, modifies, or contravenes the specific provisions of law implemented; the rule is vague, fails to establish adequate standards for agenc...
...The proposed amendment goes beyond any authority in the organic statutory law governing the Board’s exercise of power and thus is an invalid exercise of delegated legislative authority because it clearly enlarges and contravenes the specific provisions of the statutory authority being implemented. § 120.52(8), Fla.Stat....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...QUESTION TWO You secondly question whether the Department of Military Affairs is required pursuant to s
120.53 , F.S., to adopt rules and regulations setting forth procedures for the rental of armory facilities by private individuals and other governmental agencies when the armories are not used for National Guard purposes. Section
120.52 (15), F.S., defines "rule" to mean "each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency and includes an...
...cy to adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests. "Agency" is defined by subsection (1)(b) of s 120.52 , F.S., to include: "Each other state officer and each state department, departmental unit described in s....
