Florida/Georgia Personal Injury & Workers Compensation

...With another rainy season looming, in April 2000 SFWMD set about devising a way to greatly and quickly lower the lake. The district staff sought input from concerned parties at a public workshop on April 19. Then, at an emergency meeting held on hastened notice pursuant to section 120.525(3), Florida Statutes (1999), on April 25 the district's governing board adopted the "Shared Adversity Plan" recommended by its staff....

...ke Okeechobee into the Caloosahatchee River and its estuaries in Lee County. The resolution, which concluded that the natural ecosystem of the lake was immediately threatened by its high water level, was passed after an emergency public hearing. See § 120.525, Fla....

...Lee County is, however, entitled to limited review of the agency's finding that an emergency hearing was permissible. The Administrative Procedure Act requires that seven days' notice be given for public meetings, hearings, or workshops unless an emergency hearing is necessary. See § 120.525(1). An emergency hearing may be held without the statutorily required notice if the agency "finds that an immediate danger to the public health, safety, or welfare requires immediate action." § 120.525(3). The agency's findings of immediate danger, necessity, and procedural fairness are judicially reviewable. See § 120.525(3)(c)....

...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)....

...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...

substantially the following questions: 1. Under section 120.525(2), Florida Statutes, is the chair of the school