Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE, 257 So. 3d 91 (Fla. 2018)

. . . Stat. (2014). (2) § 120.53 120.54, Fla. Stat. (Supp. 1974 1998 ). (g) Florida Statutes Annotated. . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 84 So. 3d 192 (Fla. 2011)

. . . Section 120.53(2)(a), Florida Statutes, was revised in 2008 to allow agencies to electronically transmit . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 75 So. 3d 239 (Fla. 2011)

. . . Section 120.53(2)(a), Florida Statutes, was revised in 2008 to allow agencies to electronically transmit . . .

VILLA CAPRI ASSOCIATES, LTD. v. FLORIDA HOUSING FINANCE CORPORATION,, 23 So. 3d 795 (Fla. Dist. Ct. App. 2009)

. . . Section 120.53(l)(a), Florida Statutes (2008), provides that each agency shall maintain all final orders . . . agency may provide these orders by a subject-matter index or by a searchable electronic database. § 120.53 . . . Final orders must be indexed or listed within 120 days after the order is rendered. § 120.53(l)(b), Fla . . .

v., 29 Ct. Int'l Trade 1227 (Ct. Int'l Trade 2005)

. . . Of eighty-seven transaction-specific margins, the highest was calculated at 120.53%, and thirteen others . . . Of the eighty-seven transaction-specific margins, only one was calculated at 120.53%, the closest percentage . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 894 So. 2d 202 (Fla. 2005)

. . . . § 120.53, Fla. Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .

O DONNELL S CORPORATION, v. AMBROISE,, 858 So. 2d 1138 (Fla. Dist. Ct. App. 2003)

. . . of the statutes identified as the specific authority for and law implemented by the rules — Section 120.53 . . . See Chapter 96-159, Laws of Florida, at section 5 (deleting those provisions in Section 120.53 which . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 827 So. 2d 888 (Fla. 2002)

. . . . § 120.53, Fla. Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .

STATE DEPARTMENT OF LOTTERY v. GTECH CORPORATION,, 816 So. 2d 648 (Fla. Dist. Ct. App. 2001)

. . . .” § 120.53(5)(b), Fla. Stat. (1995). . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 780 So. 2d 834 (Fla. 2000)

. . . . § 120.53, Fla. Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, BOARD OF CLINICAL LABORATORY PERSONNEL, v. FLORIDA COALITION OF PROFESSIONAL LABORATORY ORGANIZATIONS, INC., 718 So. 2d 869 (Fla. Dist. Ct. App. 1998)

. . . invalidation, the ALJ concluded that the Board failed to follow rulemaking procedures required by section 120.53 . . .

OPTIPLAN, INC. v. SCHOOL BOARD OF BROWARD COUNTY, d b a, 710 So. 2d 569 (Fla. Dist. Ct. App. 1998)

. . . hearing’s proceedings to the issues specifically stated in Optiplan’s formal protest, pursuant to section 120.53 . . . Section 120.53(5)(b) requires an unsuccessful bidder challenging the award of a contract to file a written . . . See § 120.53(5)(b). . . .

SILVER EXPRESS COMPANY, v. DISTRICT BOARD OF LOWER TRIBUNAL TRUSTEES OF MIAMI- DADE COMMUNITY COLLEGE, a, 691 So. 2d 1099 (Fla. Dist. Ct. App. 1997)

. . . January 8, 1996, MDCC moved in limine to exclude the claim of a Sunshine Law violation, citing to section 120.53 . . . argued that this was a ground not stated with particularity within the time limits prescribed in section 120.53 . . .

DUNBAR ELECTRIC SUPPLY, INC. W. v. SCHOOL BOARD OF DADE COUNTY,, 690 So. 2d 1339 (Fla. Dist. Ct. App. 1997)

. . . have made claims against the School Board on the premise that the School Board violated subsection 120.53 . . . Appellants point out that subsection 120.53(5), Florida Statutes, is applicable for purchasing which . . . This in turn means that the School Board is not covered by subsection 120.53(5), Florida Statutes, and . . .

GULF REAL PROPERTIES, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 687 So. 2d 1336 (Fla. Dist. Ct. App. 1997)

. . . Like section 120.57(3), Florida Statutes (Supp.1996), which has now replaced it, section 120.53(5)(c) . . . delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. § 120.53 . . .

PROCACCI COMMERCIAL REALTY, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, BDC, 690 So. 2d 603 (Fla. Dist. Ct. App. 1997)

. . . .” § 120.53(5)(d)2., Fla.Stat. (1995). . . .

S. CASERTA, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 686 So. 2d 651 (Fla. Dist. Ct. App. 1996)

. . . The dispositive issue in this appeal is whether the legislative changes to section 120.53, Florida Statutes . . . because the Department erred in failing to pend final agency action until it complied with section 120.53 . . . Section 120.53, Florida Statutes (1993), which took effect March 1, 1992 and applies to the present case . . . Each final order resulting from a proceeding under s. 120.535, s. 120.54(4), or s. 120.56. § 120.53(2 . . . To support its assertion, the Department notes that the 1992 amendments to section 120.53 deleted the . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 685 So. 2d 773 (Fla. 1996)

. . . . § 120.53, Fla.Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 696 So. 2d 1103 (Fla. 1996)

. . . . § 120.53, Fla. Stat. (Supp. 1974). (g) Florida Statutes Annotated. . . .

BELL ATLANTIC BUSINESS SYSTEMS SERVICES, INC. v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 677 So. 2d 989 (Fla. Dist. Ct. App. 1996)

. . . The bid tabulation included the statement required by section 120.53(5)(a)3., Florida Statutes (1993) . . . : “Failure to file a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute . . . Section 120.53 provides that “[a]ny person who is affected adversely by the agency decision or intended . . . Section 120.53(5)(b), Florida Statutes (1993)(emphasis supplied). . . . Section 120.53(5)(a)3, Florida Statutes (1993): ... notice of a decision or intended decision shall be . . .

FLORIDA STATE UNIVERSITY, v. W. HATTON,, 672 So. 2d 576 (Fla. Dist. Ct. App. 1996)

. . . Respondent argues that the confidentiality provisions of section 228.093(3)(d) are defeated by section 120.53 . . .

NEC BUSINESS COMMUNICATION SYSTEMS EAST INC. v. SEMINOLE COUNTY SCHOOL BOARD,, 668 So. 2d 338 (Fla. Dist. Ct. App. 1996)

. . . board’s rules concerning the resolution of bid and contract disputes is virtually identical to section 120.53 . . .

L. ROSS, Jr. v. DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA,, 669 So. 2d 1060 (Fla. Dist. Ct. App. 1996)

. . . officer that the 14-day notice requirement does not apply to the expedited hearing provided by section 120.53 . . .

SCHAEFER, v. G. TANNIAN,, 902 F. Supp. 746 (E.D. Mich. 1995)

. . . BARBARA 2,687.96 BELL, DONELLA 4,442.26 BELL, LORRAINE 2,793.61 BELL, SANDRA 88.64 BENSON, SHIRLEY 120.53 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. C. M. D. v. E. KINSEY, Jr., 655 So. 2d 1191 (Fla. Dist. Ct. App. 1995)

. . . 766.212. (10) Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.53 . . .

D. A. B. CONSTRUCTORS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 656 So. 2d 940 (Fla. Dist. Ct. App. 1995)

. . . 1994, D.A.B. filed a bid protest pursuant to section 337.11, Florida Statutes (Supp.1994), and section 120.53 . . . lowest responsible bidder for the project, that a settlement conference be held pursuant to section 120.53 . . . based on a lack of standing because there was no assurance that any relief, consistent with section 120.53 . . . An administrative hearing triggered by a bid protest under sections 337.11 and 120.53(5) is not the proper . . . the rules promulgated thereunder, rather than in a bid protest proceeding under sections 337.11 and 120.53 . . .

ABI WALTON INSURANCE COMPANY, v. STATE DEPARTMENT OF MANAGEMENT SERVICES,, 641 So. 2d 967 (Fla. Dist. Ct. App. 1994)

. . . See § 120.53(5)(b), Fla.Stat. (1992 Supp.) . . . intended decision pertaining to contracts administered by the division or a state agency pursuant to s. 120.53 . . .

STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, v. E. D. S. FEDERAL CORPORATION, a, 631 So. 2d 353 (Fla. Dist. Ct. App. 1994)

. . . . § 120.53(5)(b), Fla.Stat. (Supp.1988); Fla.Admin.Code R. 10-13.007. . . .

FAIRBANKS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 635 So. 2d 58 (Fla. Dist. Ct. App. 1994)

. . . raised in Fort Howard was whether a non-bidder had standing to file a bid protest pursuant to section 120.53 . . . We affirmed the agency’s holding that standing did not exist pursuant to section 120.53(5) because the . . . In contrast, this case does not involve a bid protest pursuant to section 120.53(5). . . .

LINDSEY, v. BOARD OF REGENTS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF FLORIDA,, 629 So. 2d 941 (Fla. Dist. Ct. App. 1993)

. . . .-68(8), 120.53, Fla.Stat. (1991). . . .

B L SERVICE, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 624 So. 2d 805 (Fla. Dist. Ct. App. 1993)

. . . But the governing statute, section 120.53(5)(b), Florida Statutes (Supp.1992), authorizes this distinction . . . It was thus properly filed within the time allowed under section 120.53(5)(b), upon the appellant’s receipt . . .

F. GESSLER, M. D. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 627 So. 2d 501 (Fla. Dist. Ct. App. 1993)

. . . FAILURE TO COMPLY WITH SECTION 120.53. . . . Section 120.53(4) provides: An agency may comply with paragraphs (2)(b) and (c) by designating by rule . . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . . Sections 120.53(2), 120.68(12)(b). (footnote omitted). . . . If that is true, the Department also violates Section 120.53(2) and deprives itself, its contractors, . . .

FORT HOWARD COMPANY, v. DEPARTMENT OF MANAGEMENT SERVICES STATE OF FLORIDA, H., 624 So. 2d 783 (Fla. Dist. Ct. App. 1993)

. . . contends that as a non-bidder, Fort Howard does not have standing to file a bid protest under section 120.53 . . . time of an administrative hearing when there is no assurance that any relief, consistent with section 120.53 . . .

MARRERO, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PSYCHOLOGICAL EXAMINERS,, 622 So. 2d 1109 (Fla. Dist. Ct. App. 1993)

. . . Marrero asserts that the Board’s failure to maintain a subject-matter index, as required by sections 120.53 . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 609 So. 2d 516 (Fla. 1992)

. . . . § 120.53, Fla. Stat. (Supp. 1974). (g) Florida Statutes Annotated;. . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. MANASOTA- INC., 584 So. 2d 133 (Fla. Dist. Ct. App. 1991)

. . . Rule 17-103.170 lists sections 119.07, 120.53 and 253.76 as the statutes it is intended to implement. . . . Neither can the rule be construed to implement section 120.53. . . . Although section 120.53(l)(b) requires agencies to adopt procedural rules, no mention is made of allocating . . .

FLORIDA DEPARTMENT COMMUNITY AFFAIRS, v. ESCAMBIA COUNTY P., 582 So. 2d 1237 (Fla. Dist. Ct. App. 1991)

. . . This rule references as specific authority sections 14.202 and 120.53. . . .

UNIVERSITY OF MIAMI, d b a a v. ECHARTE, a ECHARTE, 585 So. 2d 293 (Fla. Dist. Ct. App. 1991)

. . . 766.212. (10) Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.53 . . .

CONE CORPORATION, C. H. Co. v. FLORIDA DEPARTMENT OF TRANSPORTATION, G., 921 F.2d 1190 (11th Cir. 1991)

. . . . §§ 120.53(5), 337.11(3)(b); Fla.Admin.Code Ann. ch. 14-25. . . . delay, (1) an immediate and serious danger to public health, safety, or welfare will exist, Fla.Stat. § 120.53 . . .

SWS PARTNERSHIP, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 567 So. 2d 1048 (Fla. Dist. Ct. App. 1990)

. . . Section 120.53(5)(b), Florida Statutes (1989), contains the following provision concerning bid protest . . . Section 120.53(5)(a)3, Florida Statutes (1989) provides: ... notice of a decision or intended decision . . . shall contain the following statement: "Failure to file a protest within the time prescribed in s. 120.53 . . . Section 120.53(5)(b), Florida Statutes (1989), does not expressly require this notification, and the . . .

CONE CORPORATION, v. STATE DEPARTMENT OF TRANSPORTATION,, 556 So. 2d 530 (Fla. Dist. Ct. App. 1990)

. . . . § 120.53(5), Fla.Stat. (1987); See Capeletti Bros., Inc. v. . . .

ADAM SMITH ENTERPRISES, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, ALOHA UTILITIES, INC. A. C. R. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. ALLIANCE FOR RATIONAL GROUND WATER RULES, INC. A. C. R., 553 So. 2d 1260 (Fla. Dist. Ct. App. 1989)

. . . agency head or committee appear to be "workshops” or "meetings" subject to the requirements of Section 120.53 . . .

GLOBAL WATER CONDITIONING, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY,, 541 So. 2d 1284 (Fla. Dist. Ct. App. 1989)

. . . was made beyond the formal protest time limit established in Rule 13A-1.006(3), F.A.C., and section 120.53 . . . Section 120.53(5), Florida Statutes, describes procedures for the resolution of protests under the contract . . .

STATE DEPARTMENT OF BANKING FINANCE, v. B. EVANS,, 540 So. 2d 884 (Fla. Dist. Ct. App. 1989)

. . . .-03(1), and the cited statutes being implemented are sections 517.12 and 120.53, Florida Statutes. . . .

DYKES, v. QUINCY TELEPHONE COMPANY, a ZEIGLER, v. QUINCY TELEPHONE COMPANY, a, 539 So. 2d 503 (Fla. Dist. Ct. App. 1989)

. . . each agency shall make available for public inspection and copying all of its agency orders, Section 120.53 . . .

HARRIS v. OFFICE SYSTEMS CONSULTANTS HARRIS v. STATE DEPARTMENT OF GENERAL SERVICES, 533 So. 2d 833 (Fla. Dist. Ct. App. 1988)

. . . Pursuant to section 120.53(5), Florida Statutes (1985), OSC filed a formal protest and Harris/3M was . . .

FLORIDA SOCIETY OF OPHTHALMOLOGY J. M. D. C. M. D. H. M. D. v. STATE BOARD OF OPTOMETRY, 532 So. 2d 1279 (Fla. Dist. Ct. App. 1988)

. . . See, e.g., §§ 120.53(5), 120.54(4)(a), 120.56(1), 120.565, 120.57(1), Fla.Stat. (1987). . . . .

DEPARTMENT OF TRANSPORTATION, v. GROVES- WATKINS CONSTRUCTORS,, 530 So. 2d 912 (Fla. 1988)

. . . G-W filed a formal complaint and the matter was referred to a hearing officer pursuant to sections 120.53 . . . Section 120.53(5) establishes the procedure for resolving protests arising from the contract bidding . . .

NORTHROP AND NORTHROP BUILDING PARTNERSHIP, v. STATE, DEPARTMENT OF CORRECTIONS,, 528 So. 2d 1249 (Fla. Dist. Ct. App. 1988)

. . . that the DOC failed to provide notice of its bid decision in accordance with the requirements of § 120.53 . . . Section 120.53(5), Fla.Stat. provides that an agency which engages in a contract bidding process shall . . . Section 120.53(5) further directs that the required notice shall contain the statement: “Failure to file . . . a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute a waiver of . . . Since the DOC failed to provide notice of its decision as required by § 120.53(5), Northrop’s delay in . . .

CABER SYSTEMS, INC. v. DEPARTMENT OF GENERAL SERVICES,, 530 So. 2d 325 (Fla. Dist. Ct. App. 1988)

. . . The plain language of Section 120.53 is that the filing of a bid protest stops the solicitation and award . . . Without the restraints of Section 120.53, the power to reject all bids is limited only by the requirement . . . Department is subject to sharp criticism for failing to follow the time limits prescribed in section 120.53 . . . Section 120.53(5), Florida Statutes (1985), prescribing procedures for bidding, provides in pertinent . . . The delay in referring the first protest technically violated the procedures set out in Section 120.53 . . . In Cianbro Corp., supra, the Jacksonville Transportation Authority sought to avoid the section 120.53 . . . The Department clearly violated section 120.53(5). . . .

CAPITAL COPY, INC. v. UNIVERSITY OF FLORIDA,, 526 So. 2d 988 (Fla. Dist. Ct. App. 1988)

. . . Section 120.53(5)(a), Florida Statutes (1987), provides that the notice of decision to accept or reject . . . bid shall contain the following statement: Failure to file a protest within the time prescribed in s. 120.53 . . . remanded, and the University is directed to allow appellant to pursue its bid protest pursuant to section 120.53 . . .

FAIRFIELD COMMUNITIES, v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION,, 522 So. 2d 1012 (Fla. Dist. Ct. App. 1988)

. . . .” § 120.53(l)(c), Fla.Stat. (1985). . . . The specific authority for Rule 27G-1.06 is section 120.53(1) and the laws implemented are section 380.07 . . .

SATELLITE TELEVISION ENGINEERING, INC. v. DEPARTMENT OF GENERAL SERVICES,, 522 So. 2d 440 (Fla. Dist. Ct. App. 1988)

. . . Satellite filed a formal protest, pursuant to section 120.53(5), Florida Statutes. . . .

GLOBAL WATER CONDITIONING, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY,, 521 So. 2d 126 (Fla. Dist. Ct. App. 1987)

. . . In respect to competitive bidding, section 120.53(5)(c) provides: Upon receipt of a notice of protest . . . morning, and the protest was not filed until Tuesday afternoon, more than the 72 hours allowed by section 120.53 . . .

C. VARNEY, v. FLORIDA REAL ESTATE COMMISSION,, 515 So. 2d 383 (Fla. Dist. Ct. App. 1987)

. . . Section 120.54 deals with rule making, not administrative hearings, but section 120.53 requires notice . . .

GULF COAST HOME HEALTH SERVICES OF FLORIDA, INC. FAHHA, v. STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 513 So. 2d 704 (Fla. Dist. Ct. App. 1987)

. . . Section 120.53(l)(c), Florida Statutes (1985), requires, independently of Section 120.54 rulemaking provisions . . .

GEORGE E. FAILING COMPANY v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 29 Fla. Supp. 2d 135 (Fla. Div. Admin. Hearings 1987)

. . . parties that the Petitioner timely filed a notice of protest and formal written protest (if section 120.53 . . . Petitioner timely filed a notice of protest and formal written protest, the applicability of section 120.53 . . .

CITY OF MIAMI, v. FRATERNAL ORDER OF POLICE, MIAMI LODGE AFL- CIO,, 511 So. 2d 549 (Fla. 1987)

. . . PERC’s deferral policy was unauthorized unless promulgated by formal rule making pursuant to section 120.53 . . .

BLACKHAWK QUARRY COMPANY OF FLORIDA, INC. v. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, 25 Fla. Supp. 2d 173 (Fla. Div. Admin. Hearings 1987)

. . . Those persons have certain clearly defined, FDOT-sanctioned, APA remedies: Subsection 120.53(5), F.S. . . .

GROVES- WATKINS CONSTRUCTORS, v. STATE DEPARTMENT OF TRANSPORTATION,, 511 So. 2d 323 (Fla. Dist. Ct. App. 1987)

. . . The majority’s reference to Section 120.53(5), Florida Statutes (1981), ante at 329, does not compel . . . Section 120.53(5) is a statute prescribing the procedure for adoption of rules for the purpose of resolving . . . Moreover, Liberty County dealt with a dispute arising prior to adoption of section 120.53(5), Florida . . .

FAIRFIELD COMMUNITIES, INC. v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION, 25 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1987)

. . . Section 120.53(l)(c), Florida Statutes (1985). . . .

FAIRFIELD COMMUNITIES, INC. v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION, 29 Fla. Supp. 2d 156 (Fla. Div. Admin. Hearings 1987)

. . . Section 120.53(l)(c), Florida Statutes (1985). . . .

CAPELETTI BROTHERS, INC. v. DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF TRANSPORTATION, v. CAPELETTI BROTHERS, INC., 499 So. 2d 855 (Fla. Dist. Ct. App. 1986)

. . . Section 120.53(5), Florida Statutes (1985), and rule 14-25, Florida Administrative Code, establish specific . . . Section 120.53(5), Florida Statutes (1985). See also Cianbro v. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. HENDRY CORPORATION,, 500 So. 2d 218 (Fla. Dist. Ct. App. 1986)

. . . Hendry timely filed notice of protest and formal written protest pursuant to Section 120.53, Florida . . . DOT, acting in accordance with the provisions of Section 120.53(5), referred Hendry’s protest to the . . .

STATE COMMISSION ON ETHICS, v. SULLIVAN, 500 So. 2d 553 (Fla. Dist. Ct. App. 1986)

. . . rulemaking authority other than the authority to adopt rules of practice and procedure pursuant to Section 120.53 . . . However, Rules 34-5.10, 34-5.14, and 34-5.22 were found to be allowable procedural rules under Section 120.53 . . .

AMALGAMATED TRANSIT UNION, LOCAL AFL- CIO- CLC, v. INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL, 497 So. 2d 665 (Fla. Dist. Ct. App. 1986)

. . . did not constitute the promulgation of a rule, subjecting PERC to rulemaking procedures of section 120.53 . . .

N. TAYLOR, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD MEDICAL EXAMINERS,, 493 So. 2d 498 (Fla. Dist. Ct. App. 1986)

. . . Chapter 28-3, Florida Administrative Code and Section 120.53, Florida Statutes (1983), give agencies . . .

WESTINGHOUSE ELECTRIC CORPORATION, v. JACKSONVILLE TRANSPORTATION AUTHORITY, S. A., 491 So. 2d 1238 (Fla. Dist. Ct. App. 1986)

. . . below or on appeal, we make no ruling on whether this was a timely filed protest pursuant to Section 120.53 . . . We interpret the rule as consistent with Section 120.53(5)(b) and the case law interpreting it. . . .

XEROX CORPORATION, v. FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION,, 489 So. 2d 1230 (Fla. Dist. Ct. App. 1986)

. . . Section 120.53(5), Florida Statutes, addresses agency procedures for the resolution of protests arising . . . Section 120.53(5)(b) provides that: Any person who is affected adversely by the agency decision or intended . . . Section 120.53(5)(b) requires that a formal written protest then be submitted within ten days; appellant . . . did not comply with this requirement, and section 120.53(5)(b) clearly provides that such failure constitutes . . .

C. H. BARCO CONTRACTING COMPANY, v. STATE DEPARTMENT OF TRANSPORTATION N., 483 So. 2d 796 (Fla. Dist. Ct. App. 1986)

. . . Company (Jackson), the second low bidder, and Barco timely filed a notice of protest pursuant to section 120.53 . . .

C. EWING, El a v. P. KAPLAN, D. a k a A- a d b a A- R. a a, 474 So. 2d 302 (Fla. Dist. Ct. App. 1985)

. . . See §§ 120.53(5)(b), 120.54(ll)(b), 120.545(6) and (7), 120.58(3), 120.60(2), (3), and (4). . . .

CIANBRO CORPORATION, v. JACKSONVILLE TRANSPORTATION AUTHORITY, AL JOHNSON CONSTRUCTION COMPANY, a v. STATE F., 473 So. 2d 209 (Fla. Dist. Ct. App. 1985)

. . . only to determine whether the “Notice Regarding Contract Award Process” entered pursuant to Section 120.53 . . . Section 120.53(5), Florida Statutes, governs the procedure for the bidding and awarding of contracts . . . Section 120.53(5)(b) provides that any person adversely affected by the agency’s decision or intended . . . Section 120.53(5)(d) provides for an informal conference at the request of a protestor or on the agency . . . Section 120.53(5)(c) requires that the agency state those “particular facts and circumstances” which . . .

HILLSBOROUGH COUNTY HOSPITAL AUTHORITY, d b a v. TAMPA HEART INSTITUTE UNIVERSITY COMMUNITY HOSPITAL, v. TAMPA HEART INSTITUTE, St. s, 472 So. 2d 748 (Fla. Dist. Ct. App. 1985)

. . . Appellees argue that that rule is a valid exercise of power authorized by construing together sections 120.53 . . .

CIANBRO CORPORATION, v. JACKSONVILLE TRANSPORTATION AUTHORITY, AL JOHNSON CONSTRUCTION COMPANY, a v. STATE F., 473 So. 2d 206 (Fla. Dist. Ct. App. 1985)

. . . See § 120.53(5)(c), F.S. (1983). . . . procedurally deficient because not promulgated by the “agency head” within the meaning of Sections 120.53 . . . and circumstances stated in the notice are insufficient to overcome the stay provisions of Section 120.53 . . . for expedited proceedings pursuant to Section 120.57(1) and other proceedings consistent with Section 120.53 . . . The revised notice provides: NOTICE REGARDING CONTRACT AWARD PROCESS Pursuant to Section 120.53(5), the . . .

P. GAINES, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 463 So. 2d 1181 (Fla. Dist. Ct. App. 1985)

. . . . §§ 120.53, 947.071, 947.13, Florida Statutes (1981). . . .

TALL TREES CONDOMINIUM ASSOCIATION, INC. v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS,, 455 So. 2d 1101 (Fla. Dist. Ct. App. 1984)

. . . Chapter 28-3, Florida Administrative Code and Section 120.53, Florida Statutes (1983), give agencies . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . is an administrative agency that is required to adopt rules and regulations as mandated by section 120.53 . . .

TALLAHASSEE PHYSICAL THERAPY AND REHABILITATION SERVICES, v. STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 436 So. 2d 312 (Fla. Dist. Ct. App. 1983)

. . . The contract awarded pursuant to the emergency procedure set forth in Section 120.53(5)(c) was awarded . . . subject to the continuation of the protest instituted by appellant under Section 120.53(5)(b). . . .

STATE L. BOYLES L. v. FLORIDA PAROLE AND PROBATION COMMISSION L. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, STATE OF FLORIDA, v. FLORIDA PAROLE AND PROBATION COMMISSION L. SMITH, v. FLORIDA PAROLE AND PROBATION COMMISSION L., 436 So. 2d 207 (Fla. Dist. Ct. App. 1983)

. . . An agenda of the March 2, 1983, meeting had been prepared as required by section 120.53(l)(d), Florida . . . Section 120.53(l)(d), Florida Statutes (1981) requires that agencies adopt rules for the scheduling of . . . The Commission is required to provide the minimum public information required by section 120.53. . . .

CAPELETTI BROTHERS, INC. v. STATE DEPARTMENT OF GENERAL SERVICES,, 432 So. 2d 1359 (Fla. Dist. Ct. App. 1983)

. . . Capeletti filed a notice of protest within 72 hours pursuant to Section 120.53(5), Florida Statutes, . . .

ASSOCIATION OF CONDOMINIUMS, INC. v. DEPARTMENT OF REVENUE,, 431 So. 2d 748 (Fla. Dist. Ct. App. 1983)

. . . this proceeding to the Department for further agency action on the proposed rule, pursuant to sections 120.53 . . .

B. MARTIN, v. SCHOOL BOARD OF GADSDEN COUNTY,, 432 So. 2d 588 (Fla. Dist. Ct. App. 1983)

. . . Contrary to established district practice and the requirements of § 120.53, § 120.54, § 230.17, Florida . . .

C. GUERRA v. STATE DEPARTMENT OF LABOR EMPLOYMENT SECURITY,, 427 So. 2d 1098 (Fla. Dist. Ct. App. 1983)

. . . agency to adopt, amend, or repeal a rule or to provide the minimum public information required by s. 120.53 . . .

CORTESE, v. SCHOOL BOARD OF PALM BEACH COUNTY,, 425 So. 2d 554 (Fla. Dist. Ct. App. 1982)

. . . the failure of the board to notice its workshop meeting of January 18, 1982, as required by section 120.53 . . . The effect of failure to comply with section 120.53 is recited in section 120.68(8), which provides: . . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . . Section 120.53(l)(d) provides that agencies “shall give notice of meetings, hearings, and workshops in . . . which provides for notice of regular and special meetings must be read in pari materia with section 120.53 . . .

FLORIDA INSTITUTIONAL LEGAL SERVICES, INC. v. PAROLE AND PROBATION COMMISSION QUALIFICATIONS COMMITTEE,, 419 So. 2d 714 (Fla. Dist. Ct. App. 1982)

. . . Probation Commission Qualifications Committee to provide minimum public information pursuant to Sections 120.53 . . . defined by this section and is therefore not subject to the minimum information requirements of Section 120.53 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI- MUTUEL WAGERING, v. HYMAN,, 417 So. 2d 671 (Fla. 1982)

. . . See §§ 120.53(5)(b), 120.54(ll)(b), 120.-545(6) and (7), 120.58(3), 120.60(2), (3), and (4). . . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . .

AJAX CONSTRUCTION, INC. v. STATE DEPARTMENT OF CORRECTIONS, 413 So. 2d 779 (Fla. Dist. Ct. App. 1982)

. . . agency’s proposed decision and request APA processes at the time and in the manner required by section 120.53 . . . Therefore section 120.53(5) foreclosed section 120.57 proceedings on Ajax’s grievance and let stand the . . . Because section 120.53(5) designates the giving of this notice of intended decision as beginning the . . . Section 120.53(5)(b). . . . That is not a correct reading of section 120.53(5). . . . That letter also stated “failure to file a protest within the time prescribed by Section 120.53(5), Florida . . . The Department came to the conclusion that the time limit set forth by Section 120.53(5) governed the . . .

FLORIDA PAROLE AND PROBATION COMMISSION, v. J. BARANKO,, 407 So. 2d 1086 (Fla. Dist. Ct. App. 1982)

. . . Commission must provide public information, including notice of scheduled meetings, as required by Section 120.53 . . .

SCHERER, v. DAVIS, J., 543 F. Supp. 4 (N.D. Fla. 1981)

. . . This order was promulgated pursuant to section 120.53(1)(a) of the Florida Statutes, see Chapter 15B- . . .

HYMAN, v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 399 So. 2d 1098 (Fla. Dist. Ct. App. 1981)

. . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . .

M. v., 76 T.C. 623 (T.C. 1981)

. . . Taxable year Deficiency See. 6653(b) Sec. 6651(a)(1) Sec. 6653(a) Sec. 665) 1969 $2,410.61 0 $602.65 $120.53 . . .

ANHEUSER- BUSCH, INC. v. DEPARTMENT OF BUSINESS REGULATION,, 393 So. 2d 1177 (Fla. Dist. Ct. App. 1981)

. . . order to rely on or refer to emerging policy not recorded in rules or discoverable precedents, Section 120.53 . . .

FLORIDA INSTITUTIONAL LEGAL SERVICES, INC. v. FLORIDA PAROLE AND PROBATION COMMISSION,, 391 So. 2d 247 (Fla. Dist. Ct. App. 1980)

. . . agency rule-making on various subjects and “to provide the minimum public information required by s. 120.53 . . . remedies; if so, (2) whether the Commission was bound to grant the petition for compliance with Section 120.53 . . . .2d 1181 (Fla.1980), the Commission is bound to adopt the practice and procedure rules which Section 120.53 . . . Commission must, in the words of Section 120.54(5), “provide the minimum public information required by s. 120.53 . . . obliged to adopt rules for the preparation of an agenda meeting the specificity standards of Section 120.53 . . .

SYSTEMS MANAGEMENT ASSOCIATES, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 391 So. 2d 688 (Fla. Dist. Ct. App. 1980)

. . . Section 120.52(14), Florida Statutes, which have not been duly promulgated as rules pursuant to Section 120.53 . . .

RICE v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 386 So. 2d 844 (Fla. Dist. Ct. App. 1980)

. . . Department’s organizational rules, in “stating the general course and method of its operations,” Section 120.53 . . .

FREEMAN, v. SCHOOL BOARD OF BROWARD COUNTY,, 382 So. 2d 140 (Fla. Dist. Ct. App. 1980)

. . . new coordinators on a geographical basis, c) said action was taken without compliance with Sections 120.53 . . . appellant’s position that he was entitled to notice and an opportunity to be heard, pursuant to Sections 120.53 . . .

E. GORDON, Jr. D. D. S. v. Dr. SAVAGE, 383 So. 2d 646 (Fla. Dist. Ct. App. 1980)

. . . The Florida Administrative Procedure Act, section 120.53(1)(c), Florida Statutes (1977) provides that . . .

TURNER, Jr. G. v. L. WAINWRIGHT, TURNER, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 379 So. 2d 148 (Fla. Dist. Ct. App. 1980)

. . . Sections 947.071, 120.53, Florida Statutes (1977); Fla.Admin.Code Chapter 23-15 (Practices and Procedures . . .

GRAY, v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT SECURITY,, 375 So. 2d 341 (Fla. Dist. Ct. App. 1979)

. . . and the Commission acted fairly and in accordance with its rules, adopted in compliance with Section 120.53 . . .

REVELL, D. D. S. v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT SECURITY, F., 371 So. 2d 227 (Fla. Dist. Ct. App. 1979)

. . . a court may very well view the failure to adopt necessary rules as a failure to comply with Section 120.53 . . .