CopyCited 190 times | Published | Florida 1st District Court of Appeal
...If there is a "disputed issue of material fact," the agency must provide a trial type hearing upon request "[u]nless waived by all parties." The time and manner of requesting formal proceedings may be governed by agency rules not inconsistent with model rules promulgated by the Administration Commission. [5] Section
120.53(1)(b),
120.54(10); Fla....
...s it to countervailing evidence and argument. "No agency has inherent rulemaking authority," Section
120.54(4), but the Department has explicit power to implement by rule any provision of the banking code. Section 658.05(1). As required by the APA's Section
120.53(1), the Department has adopted rules of procedure describing its organization, the general course and method of its operations, the nature and requirements of its formal and informal procedures on applications for banking authority, an...
...On the contrary, the APA reflects the Council's conviction that: "In fact, agency proceedings frequently affect individual rights and create general policy at the same time, so that they *582 partake of adjudication and rule-making at the same time." [9] Section
120.53(1)(c) requires, independently of
120.54 rulemaking provisions, agency procedures for argument of policy issues before the agency....
...ders. [10] All such rules and orders, catalogued by a subject-matter index, must be made available for inspection and copying by the public in an ever-expanding library of precedents to which the agency must adhere or explain its deviation. Sections
120.53(2),
120.68(12)(b)....
...king evaluating the petition and to a limited extent expressing Department rationale for disapproving it. To the extent the agency may intend in its final order to rely on or refer to emerging policy not recorded in rules or discoverable precedents, Section 120.53(2), that policy must be established and may be challenged by proof....
CopyCited 65 times | Published | Supreme Court of Florida | 1996 WL 673822
...Department of Ins., 2 F.A.L.R. 648-A (Fla. Dept. of Insurance 1980). (e) Florida Constitution. (Year of adoption should be given if necessary to avoid confusion.) Art. V, § 3(b)(3), Fla. Const. (f) Florida Statutes (Official). § 350.34, Fla.Stat. (1973). § 120.53, Fla.Stat....
CopyCited 51 times | Published | Supreme Court of Florida | 1996 WL 908661
...Department of Ins., 2 F.A.L.R. 648-A (Fla. Dept. of Insurance 1980). (e) Florida Constitution. (Year of adoption should be given if necessary to avoid confusion.) Art. V, § 3(b)(3), Fla. Const. (f) Florida Statutes (Official). § 350.34, Fla. Stat. (1973). § 120.53, Fla....
CopyCited 37 times | Published | Florida 1st District Court of Appeal
...l agency action. That may become critical in determining who, other than a DOAH hearing officer, may conduct formal Section
120.57(1) proceedings. Every Department's organizational rules, in "stating the general course and method of its operations," Section
120.53(1)(a), should reliably identify any agency within the Department, and any agency head other than the Department head, who is responsible for final agency action of a certain character....
CopyCited 29 times | Published | Florida 1st District Court of Appeal
...and subjects it to countervailing evidence and argument. (emphasis in original,
346 So.2d at 579.) ..... To the extent the agency may intend in its final order to rely on or refer to emerging policy not recorded in rules or discoverable precedents, Section
120.53(2), that policy must be established and may be challenged by proof....
CopyCited 21 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 17273
...22F-1-16(6), (10), eff. 10/13/76. [10] "All such rules and orders, catalogued by a subject-matter index, must be made available for inspection and copying by the public in an ever-expanding library of precedents to which the agency must adhere or explain its deviation. Section
120.53(2),
120.68(12)(b)." McDonald,
346 So.2d at 582.
CopyCited 19 times | Published | Supreme Court of Florida | 2000 WL 1508541
...Department of Ins., 2 F.A.L.R. 648-A (Fla. Dept. of Insurance 1980). (e) Florida Constitution. (Year of adoption should be given if necessary to avoid confusion.) Art. V, § 3(b)(3), Fla. Const. (f) Florida Statutes (Official). § 350.34, Fla. Stat. (1973). § 120.53, Fla....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16910
...g rules of practice and procedure for the resolution of disputes under its typical claims and disputes clause. Lamentably, four years after the adoption of Chapter 120 and three years after it became effective, the Department remains in violation of Section 120.53(1)(a), (b), and (c). Its counsel also advises, upon our inquiry at oral argument, that the Department maintains no subject-matter index of its orders entered these past three years in such controversies. If that is true, the Department also violates Section 120.53(2) and deprives itself, its contractors, the general public, and this court of the continuity and rationality such a resource would provide....
CopyCited 18 times | Published | Supreme Court of Florida | 1988 WL 89766
...Although G-W submitted the lowest bid, it was still 29% higher than DOT's prebid estimate. [1] DOT notified G-W that it intended to reject its bid as too high and readvertise the project. G-W filed a formal complaint and the matter was referred to a hearing officer pursuant to sections
120.53(5) and
120.57(1), Florida Statutes (1985)....
...EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [1] DOT's policy is that it may reject all bids if the lowest bid is greater than 7% above DOT's official estimate of the cost of the project. The invitation to submit bids on this project informed the bidders of this policy. [2] Section 120.53(5) establishes the procedure for resolving protests arising from the contract bidding process....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...is 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. Section
120.53(1)(d), pertaining to the adoption of rules of the scheduling of meetings, hearings and workshops, etc., provides in part: "The agenda for a special meeting of a district school board under authority of S....
...s aware of an evaluation policy which had been established 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)....
...1976), permits this court to remand the case for further agency action if "... [we find] that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow a prescribed procedure. Failure of any agency to comply with Section 120.53 shall be presumed to be a material error in procedure." As previously observed, Section 120.53(1)(b) requires the agency to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...05, the hearing officer's ruling is affirmed. In case BL-217 Capeletti first contends that DOT erred in rejecting the recommended order and declaring Capeletti's bid nonresponsive based on an invalid rule. We need not reach the merits of this issue. Section 120.53(5), Florida Statutes (1985), and rule 14-25, Florida Administrative Code, establish specific procedures to protest a bid solicitation requirement....
...The purpose of the bid solicitation protest provision is to allow an agency, in order to save expense to the bidders and to assure fair competition among them, to correct or clarify plans and specifications prior to accepting bids. A failure to file a timely protest constitutes a waiver of chapter 120 proceedings. Section 120.53(5), Florida Statutes (1985)....
CopyCited 13 times | Published | Supreme Court of Florida | 1978 WL 391844
...staff. Participation in Commission proceedings by the parties and the public generally is provided for under the provisions of *733 Chapter 25-2, Florida Administrative Code. Specific Authority 350.12(1)(m), 364.20, 364.42,
366.05(1),
367.121[1](f),
120.53, F.S. Law Implemented
350.121[350.12](1)(m), 364.20, 364.42,
366.05(1),
367.121(1)(f),
120.53, F.S....
...Participation in Commission proceedings by the parties and the public generally is provided for under the provisions of Chapter 25-2, Florida Administrative Code. Specific Authority
350.0611, 350.12(1)(m), 364.20, 364.42,
366.05(1),
367.121(1)(f),
120.53, F.S. Law Implemented
350.0611, 350.12(1)(m), 364.20, 364.42,
366.05(1),
367.121(1)(f),
120.53, F.S....
...The order under review does not purport to pass directly upon the validity of the existing rule. Petitioner does not challenge the order as constituting a refusal by the Commission to exercise its discretion to adopt rules of practice or procedure as required in Section 120.53, Florida Statutes (1975)....
...tion would be restricted to only those cases that public counsel, at his discretion, elect [sic] to intervene in as a party." We approve and adopt this reasoning. Petitioner also contends that the Commission is required to adopt rules to comply with Section 120.53, Florida Statutes (1975) and that these rules must be in substantial compliance with the model rules....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...s without merit. I would affirm the order here reviewed and vacate and set aside the stay order heretofore entered. NOTES [1] The Department has neglected to describe the "awards committee" or any other aspect of the bid review process in its rules. Section 120.53(1)(a) requires that the Department and every agency "[a]dopt as a rule a description of its organization, stating the general course and method of its operations......
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...[4] The APA establishes no particular procedure to be followed by an agency during the original drafting of the proposed rule. The drafting sessions of a collegial agency head or committee appear to be "workshops" or "meetings" subject to the requirements of Section 120.53(1)(d)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...We have assessed attorney's fees and costs pursuant to §
120.57(1)(b)(9), Fla. Stat. (1977), against agencies which flagrantly violated the requirements of Chapter 120 by denying §
120.57 hearings and refusing to promulgate procedural rules as mandated by §
120.53....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...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 | District Court, N.D. Florida
...If after a thorough study of all information concerning the violation, the Director decides that a ... dismissal will be in order, he will present the employee *20 in writing with the reason or reasons for such actions. General Order No. 43 § 1.C (September 1, 1977). This order was promulgated pursuant to section 120.53(1)(a) of the Florida Statutes, see Chapter 15B-11.14, Florida Administrative Code, and has the effect of statutory law....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 453, 1994 WL 7465
...1st DCA 1993), and that our decision in Fort Howard requires an affirmance in this case. For the following reasons, we disagree. In the first place, the issue raised in Fort Howard was whether a non-bidder had standing to file a bid protest pursuant to section 120.53(5), Florida Statutes (1991)....
...Jacksonville Transportation Authority,
491 So.2d 1238 (Fla. 1st DCA 1986), "absent extraordinary circumstances, a non-bidder does not have standing to file a bid protest." Fort Howard,
624 So.2d at 785. We affirmed the agency's holding that standing did not exist pursuant to section
120.53(5) because the facts of the case did not present "extraordinary circumstances." In contrast, this case does not involve a bid protest pursuant to section
120.53(5)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...tions taken by the department, except for those appeals and decisions authorized in ss. 20.261(12) and 253.76". *545 Subsequently, after public notice and hearing, the Department adopted rules governing appeals of its final orders to the Commission. Section 120.53(2)(b), Florida Statutes (1975)....
CopyCited 8 times | Published | Supreme Court of Florida | 1992 WL 323929
...(e) Florida Constitution:. (Year of adoption should be given if necessary to avoid confusion.) Art. V, § 3(b)(3), Fla. Const. [Year of adoption should be given whenever necessary to avoid confusion.] (f) Florida Statutes (oOfficial):. § 350.34, Fla. Stat. (1973). § 120.53, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...A total of twelve contractors submitted bids. The estimated DGS budget for the project was $2,400,000. On August 19, 1982, DGS gave written notice to all bidders of its intent to award the contract to Bergeron. Capeletti filed a notice of protest within 72 hours pursuant to Section
120.53(5), Florida Statutes, and within 10 days thereafter filed its Petition for Formal Hearing pursuant to Section
120.57(1), Florida Statutes....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 15613
...There we said that a hearing officer does not have power to adjudicate the constitutionality of a rule, such power being a judicial rather than a quasi-judicial power. In the case sub judice, we are concerned with a proposed rule rather than a rule. This proceeding is one brought by DER under § 120.53, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...This request made no mention of the proposed restitution plan already twice considered and rejected, but it correctly pointed out a computation error made in computing Jaffe's PPRD. On March 2, 1983, the Commission again considered Jaffe's case. An agenda of the March 2, 1983, meeting had been prepared as required by section 120.53(1)(d), Florida Statutes (1981), but Jaffe's name was not on the agenda....
...minal enforcement provisions of the Florida Land Sales Act, an act conceived by the legislature to protect the people of Florida from land fraud. Additionally, we find that the facts of this case show a violation of the public notice requirements of section 120.53(1)(d), Florida Statutes (1981)....
...not new, but had previously been considered and rejected when the Commission established Jaffe's initial PPRD. This error of the Commission is compounded by the fact that the agenda for the March 2, 1983 meeting failed to include the name of Jaffe. Section 120.53(1)(d), Florida Statutes (1981) requires that agencies adopt rules for the scheduling of meetings, one of which is to be that an agenda shall be prepared by the agency in time to insure that a copy of the agenda is received at least seven days before the event by any person in the state....
...The agenda must contain the items to be considered, and change shall be made only for good cause, as determined by the person designated to preside, and stated in the record. The Commission is required to provide the minimum public information required by section 120.53....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...In the alternative, Petitioner asserts Respondents are guilty of laches for failing to amend within a reasonable time. First, we shall examine Petitioner's contention that Respondents have violated Florida Rules of Civil Procedure 1.190 by not refiling within twenty days. The Florida Administrative Procedure Act, section 120.53(1)(c), Florida Statutes (1977) provides that agencies shall adopt rules of procedure....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...See RHPC, Inc. v. Dep't of Health and Rehabilitative Services,
509 So.2d 1267 (Fla. 1st DCA 1987). Because Procacci's bid protest raised "a disputed issue of material fact, [HRS] ... refer[red] the protest to the division for proceedings under s.
120.57(1)." §
120.53(5)(d)2., Fla.Stat....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...this language, State of Florida, Department of Health and Rehabilitative Services v. McTigue,
387 So.2d 454 (Fla. 1st DCA 1980), to hold that a state attorney is an administrative agency that is required to adopt rules and regulations as mandated by section
120.53....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1994 WL 31317
...ive and judicial review pursuant to Chapter 120, Florida Statutes. Those submitting proposals are required to file a formal written protest if they dispute the reasonableness, necessity, or competitiveness of the terms and conditions of an RFP. *355 § 120.53(5)(b), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...There are quantitative limits to the detail of policy that can effectively be promulgated as rules, and even the agency that knows its policy may wisely sharpen its purposes through adjudication before casting rules. McDonald v. Department of Banking and Finance,
346 So.2d 569 (Fla. 1st DCA 1977). Section
120.53(1)(c), Florida Statutes (1985), requires, independently of Section
120.54 rulemaking provisions, agency procedures for argument of policy issues before the agency....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1988 WL 27729
...[5] As the agency responsible for final agency action in DRI proceedings, FLWAC is empowered to adopt rules of practice and "rules of procedure appropriate for the presentation of arguments concerning issues of law or policy, and for the presentation of *1015 evidence on any pertinent fact that may be in dispute." § 120.53(1)(c), Fla....
...NOTES [1] Rule 27G-1.06(2) provides: Motions to intervene filed with the Commission within thirty days of the filing of a notice of appeal may request the Commission to consider issues raised in the record below but not raised by the parties to the appeal. The specific authority for Rule 27G-1.06 is section
120.53(1) and the laws implemented are section
380.07 and
403.412(5)....
...New issues shall not be raised by the parties or other persons after this Commission meeting. At this meeting, the Commission may also dispose of procedural motions, including motions to intervene, which have been filed within thirty days of the filing of the notice of appeal. The specific authority for Rule 27G-1.08 is
120.53(1) and the laws implemented are
380.07(3),
380.08(3), and
120.57(1)(b)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 12444
...r hearing, offered in evidence to prove the truth of the matter asserted." [2] Our conclusion in this regard is reinforced by the statutory requirement that each agency shall make available for public inspection and copying all of its agency orders, Section 120.53(2)(b), Florida Statutes (1983), and the Commission's rule implementing that requirement, Florida Administrative Code Rule 22T-6.007(3)(f), providing that the Commission's orders shall be published by the Florida Administrative Law Reports and the Florida Bar....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...In fact, of course, a stay has been entered and the Board has acted by notifying the entities affected of the pendency of this appeal and the supersedeas. Therefore, we decline to consider any further action against the Board. FAILURE TO COMPLY WITH SECTION 120.53. Gessler next claims a violation by the Board of section 120.53(2), Florida Statutes (1989), which provides: Each agency shall make available ...: (a) All rules formulated, adopted, or used by the agency in the discharge of its functions....
...(c) A current subject-matter index, identifying for the public any rule or order issued or adopted after January 1, 1975. All rules adopted pursuant to this act shall be indexed within 90 days. The Department of State shall by rule establish uniform indexing procedures. Section 120.53(4) provides: An agency may comply with paragraphs (2)(b) and (c) by designating by rule an *503 official reporter which publishes and indexes by subject matter each agency order rendered after a proceeding which affects substantial interests has been held....
...Further, section
120.68(8) provides: The court shall remand the case for further agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure. Failure of any agency to comply with s.
120.53 shall be presumed to be a material error in procedure. Gessler contends the Board has never made all of its orders available and has never prepared a subject-matter index as required by sections
120.53(2)(b) and (c)....
...cy orders. All such rules and orders, catalogued by a subject-matter index, must be made available for inspection and copying by the public in an ever-expanding library of precedents to which the agency must adhere or explain its deviation. Sections
120.53(2),
120.68(12)(b)....
...v. Department of General Services,
363 So.2d 810 (Fla. 1st DCA 1978), cert. denied,
373 So.2d 457 (Fla. 1979): Lamentably, four years after the adoption of Chapter 120 and three years after it became effective, the Department remains in violation of Section
120.53(1)(a), (b), and (c). Its counsel also advises, upon our inquiry at oral argument, that the Department maintains no subject-matter index of its orders entered these past three years in such controversies. If that is true, the Department also violates Section
120.53(2) and deprives itself, its contractors, the general public, and this court of the continuity and rationality such a resource would provide....
...The default is presumptively prejudicial and the issue of prejudice cannot be resolved without compliance with the directive. We are inclined to hold that the sanctions imposed against appellant must be stayed pending agency compliance with the legislative mandate contained in section 120.53(4)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 16945, 2003 WL 22513826
...be added to the prescribed period. (Emphasis supplied). 21. Rules 60Y-4.004 and 60Y-4.007 were adopted in 1978 and apparently have not been amended since. One of the statutes identified as the specific authority for and law implemented by the rulesSection 120.53has since been substantially amended to the point that it no longer could serve as the basis for the rules. See Chapter 96-159, Laws of Florida, at section 5 (deleting those provisions in Section 120.53 which authorized agencies to adopt procedural rules to supplement the former model rules)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...e bids were opened. A party has standing to protest the lowest bid if that party has a substantial interest to be determined by the agency. Preston Carroll Company, Inc. v. Florida Keys Aqueduct Authority,
400 So.2d 524 (Fla. 3rd DCA 1981). See also Section
120.53(5)(b), *1241 Florida Statutes (1983) [6] ....
...This notice was received by Westinghouse on September 16, 1985. Westinghouse filed its protest the same day. As the issue was not raised in the proceeding below or on appeal, we make no ruling on whether this was a timely filed protest pursuant to Section 120.53(5), Florida Statutes (1983)....
...[6] JTA Rule 2-4 mirrors this statute and provides: (1) Any person adversely affected by a decision during bid solicitation or the intended decision to award a contract or to reject all bids shall file a Notice of Protest, in writing... . We interpret the rule as consistent with Section 120.53(5)(b) and the case law interpreting it.
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 WL 366874
...We further ordered, sua sponte, that Affiliated Paper, as prevailing bidder, was entitled to appear as an appellee in this cause. The court granted the other non-prevailing bidders the option of moving the court to appear as appellees. None of these bidders availed themselves of the opportunity to appear. Section 120.53(5)(b), Florida Statutes (1991) provides that any person who is adversely affected by the agency decision or intended decision concerning a procurement may file a protest with the agency....
...By focusing on the merits of a potential bid protest, Fort Howard's argument tends to draw attention away from the only issue before this court: Whether Fort Howard, as a non-bidder, has standing to bring a bid protest. DMS contends that as a non-bidder, Fort Howard does not have standing to file a bid protest under section 120.53(5)....
...rest, nor does it promote efficient public bidding, to allow Fort Howard to proceed with a bid protest and require the agency to go through the expense and time of an administrative hearing when there is no assurance that any relief, consistent with section 120.53(5), could be afforded....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Educ. L. Rep. 1132, 1983 Fla. App. LEXIS 19383
...On July 28, 1981, the Superintendent called a special meeting of the Gadsden County School Board, wherein the involuntary transfers of the Petitioners was again addressed. Without discussion, the School Board effectuated the transfers of the Petitioners. 5. Contrary to established district practice and the requirements of §
120.53, §
120.54, § 230.17, Florida Statutes, the School Board failed to publish notice of the special meeting in the Gadsden County Times....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 193770
...tice of the project plans and specifications or intended project plans and specifications in an invitation to bid or request for proposals, and the formal written protest shall be filed within ten days after the date the notice of protest is filed." § 120.53(5)(b), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...subsequent to the case before us, PERC has promulgated a rule setting forth both pre- and post-arbitral standards. [8] We reject the Unions' contention that PERC's deferral policy was unauthorized unless promulgated by formal rule making pursuant to section 120.53, Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 9 Educ. L. Rep. 437, 1982 Fla. App. LEXIS 22263
...tion for formal hearing never really gets off the ground. Further, we see nothing in the record to justify the need for a drawout. The third issue is whether the failure of the board to notice its workshop meeting of January 18, 1982, as required by section
120.53(1)(d), Florida Statutes (1981), [8] was fatal to the ultimate decision it reached at its regular meeting on March 3, 1982. Appellee has failed to provide in the record any proof of compliance with the statute. The effect of failure to comply with section
120.53 is recited in section
120.68(8), which provides: The court shall remand the case for further agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure. Failure of any agency to comply with s.
120.53 shall be presumed to be a material error in procedure....
...es (1981). Nevertheless, as to section
120.57(1), it simply turned on the Blackford decision and held that petitioners lacked standing for such a hearing. Petitioners/parents did not lack standing for a drawout; they failed to establish grounds. [8] Section
120.53(1)(d) provides that agencies "shall give notice of meetings, hearings, and workshops in the same manner as that prescribed for rulemaking in subsection
120.54(1)......
...." Section
120.54(1)(a) provides that notice of intent by an educational unit to adopt a rule shall be made by publication, mail, and posting. [9] Section 230.17(2), Florida Statutes (1981), which provides for notice of regular and special meetings must be read in pari materia with section
120.53(1)(d) which requires notice of workshops in rulemaking....
...rocedures for the closing of schools warrants cursory mention only. The economics of this school's continued operation was considered in a rulemaking framework. The rulemaking in this case did not require administrative tools in addition to sections
120.53 and
120.54, unlike the situation in Witgenstein v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1465, 1987 Fla. App. LEXIS 10649
...-W's bid so long as it exercises its discretion honestly is misplaced. The issue in Liberty County was whether the county could waive a minor defect when awarding a contract. Moreover, Liberty County dealt with a dispute arising prior to adoption of section 120.53(5), Florida Statutes (1981), a statute specifically designed to provide a process for resolution of bidding controversies in the administrative arena....
...Baxter's Asphalt & Concrete, Inc.,
421 So.2d 505 (Fla. 1982), applicable to appellate review of agency orders involving competitive bid disputes which are appealed pursuant to Section
120.68, Florida Statutes? NOTES [1] The majority's reference to Section
120.53(5), Florida Statutes (1981), ante at 329, does not compel a conclusion that the standard for review in competitive bidding cases, arising from an administrative forum, is now different from the standard announced in Liberty County. Section
120.53(5) is a statute prescribing the procedure for adoption of rules for the purpose of resolving protests arising from the contract bidding process....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 3764, 1996 WL 174349
...Further, Respondent is represented by a qualified representative who is not an attorney in the proceedings below. Thus, release to that individual is not authorized pursuant to section 228.093(3)(d)10.a. Lastly, Respondent argues that the confidentiality provisions of section 228.093(3)(d) are defeated by section 120.53(2)(a), Florida Statutes, which provides that "agency orders" are subject to public inspection....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1319, 1988 Fla. App. LEXIS 2297, 1988 WL 55739
...Baron, Jr., Associate General Counsel, University of Florida, Gainesville, for appellee. ERVIN, Judge. Finding appellant Capital Copy, Inc., was provided no clear point of entry into the administrative process, we reverse an order issued by the University of Florida (University), dismissing a bid protest filed by appellant. Section 120.53(5)(a), Florida Statutes (1987), provides that the notice of decision to accept or reject a bid shall contain the following statement: Failure to file a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes....
...In concluding that appellant was never provided a clear point of entry, we find it unnecessary to decide whether appellant's notice of protest was timely filed. The order dismissing the bid protest is reversed, the cause is remanded, and the University is directed to allow appellant to pursue its bid protest pursuant to section 120.53(5)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1998 WL 27310
...School Board stated "no comment," and VSP said "nothing further." Nevertheless, the School Board and VSP made ore tenus motions to restrict the formal hearing's proceedings to the issues specifically stated in Optiplan's formal protest, pursuant to section 120.53(5)(b), Florida Statutes (1995). Section 120.53(5)(b) requires an unsuccessful bidder challenging the award of a contract to file a written notice of its intent to protest within 72 hours after receipt of the notice of the agency's decision, and a formal written protest within 10 days of the filing of the notice of protest. The formal written protest must state with particularity the facts and law upon which the protest is based. See § 120.53(5)(b)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 558983
...risdiction." St. Johns River Water Management Dist. v. Consolidated-Tomoka Land Co.,
717 So.2d 72, 80 (Fla. 1st DCA 1998). As an alternative reason for invalidation, the ALJ concluded that the Board failed to follow rulemaking procedures required by section
120.53(1)(d), Florida Statutes (1995), [5] by not timely publishing an amended agenda for the March 1996 Board meeting....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Florida Statutes (1983). As a parenthetical, we note that the Division has no procedural rule or provision for setting aside a final order; no counterpart to Rule 1.540, Florida Rules of Civil Procedure. Chapter 28-3, Florida Administrative Code and Section 120.53, Florida Statutes (1983), give agencies the authority to enact rules of procedure and practice....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 7777, 1990 WL 150214
...This memorandum is evidently the basis for the DOC's finding of fact that the bidders were notified at the bid opening when the bids would be posted. On October 12, 1989, the DOC issued its Third Amended Final Order dismissing the bid protest as having been untimely filed. Section 120.53(5)(b), Florida Statutes (1989), contains the following provision concerning bid protest filing: Any person who is affected adversely by the agency decision or intended decision shall file with the agency a notice of protest in writing...
...nt of entry into the protest procedure rather than a trap for the unwary, we conclude appellant's protest, filed with DOC the day after appellant received the DOC's letter, was timely. REVERSED and REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] Section 120.53(5)(a)3, Florida Statutes (1989) provides: ......
...tabulation at the location where the bids were opened or by certified United States mail, return receipt requested. The notice required by this paragraph shall contain the following statement: "Failure to file a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes." [2] Section 120.53(5)(b), Florida Statutes (1989), does not expressly require this notification, and the DOC argues that it has no legal obligation to advise bidders when the bid tabulation will be posted....
CopyCited 1 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3036, 2011 WL 7758579
...(j)-(p) [No change] *203 Committee Notes 1977 Adoption. [No change] 1992 Amendment. [No change] 2011 Amendment. Subdivision (d)(3) was revised and subdivisions (d)(4) and (d)(5) were added to reflect changes in how agencies are publishing their decisions. Section 120.53(2)(a), Florida Statutes, was revised in 2008 to allow agencies to electronically transmit their decisions to the Division of Administrative Hearings for posting on the Division’s website in lieu of publishing them in an official reporter....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...inal agency order, Rice v. Dept. of Health and Rehab. Serv.,
386 So.2d 844 (Fla. 1st DCA 1980), in part granting and in part denying FILS's petition for agency rulemaking on various subjects and "to provide the minimum public information required by s.
120.53." Section
120.54(5), Florida Statutes (1979)....
...The Commission's voluntary accession to several FILS requests leaves for our consideration only the limited issues of (1) whether FILS had standing to petition for Section
120.54(5) remedies; if so, (2) whether the Commission was bound *249 to grant the petition for compliance with Section
120.53, requiring rules of organization, practice, and procedure, rules for the scheduling of hearings and prescribing a public agenda, and public information resources including "a current subject-matter index" of rules and orders; and (3) w...
...to a Section
120.68 appeal. As an agency subject to the Administrative Procedure Act, Turner v. Wainwright,
379 So.2d 148 (Fla. 1st DCA 1980), aff'd,
389 So.2d 1181 (Fla. 1980), the Commission is bound to adopt the practice and procedure rules which Section
120.53 states "each agency shall" adopt, and the Commission must, in the words of Section
120.54(5), "provide the minimum public information required by s.
120.53." We do not construe Sections
947.07 and
947.071 as exempting the Commission from the uniform requirements of Section
120.53. [*] The Commission is therefore obliged to adopt rules for the preparation of an agenda meeting the specificity standards of Section
120.53(1)(d) and the model rules, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 5299, 1995 WL 296206
...County. D.A.B., another licensed road and bridge contractor prequalified to bid on work for the department, was the second lowest bidder. On December 15, 1994, D.A.B. filed a bid protest pursuant to section
337.11, Florida Statutes (Supp. 1994), and section
120.53(5), Florida Statutes (1993), asserting that White should be declared a nonresponsible bidder and that D.A.B....
...preferential disparate treatment on other projects and by failing to perform its statutory duties under Chapter 337. D.A.B. requested that it be declared the lowest responsible bidder for the project, that a settlement conference be held pursuant to section
120.53(5)(d), and that, in the event no resolution occurred as a result of the settlement conference, its bid protest be referred to the Division of Administrative Hearings for a formal proceeding pursuant to section
120.57(1)....
...Division of Administrative Hearings. See Fort Howard Co. v. Dep't of Management Services,
624 So.2d 783 (Fla. 1st DCA 1993) (affirming denial of bid protest based on a lack of standing because there was no assurance that any relief, consistent with section
120.53(5), could be afforded)....
...of Optometry v. Florida Soc'y of Ophthalmology,
538 So.2d 878, 885 (Fla. 1st DCA 1988). The department has correctly construed section
337.16 and its relationship with section
337.11. An administrative hearing triggered by a bid protest under sections
337.11 and
120.53(5) is not the proper vehicle by which a contractor's responsibility and qualification to bid is to be investigated and adjudicated....
...The department argues that a bidder's financial resources and ability to perform a contract are addressed in the framework of the qualification process pursuant to section
337.14(1) and the rules promulgated thereunder, rather than in a bid protest proceeding under sections
337.11 and
120.53(5)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1658
...Apparently, the decision to award the contracts to the seventh lowest bid combination was reached by the Authority on December 20, 1984. On December 23, 1984, Cianbro filed a notice of protest, despite the failure of the Authority to issue a formal notice to bidders of intent to award the contracts as required by Section 120.53(5), Florida Statutes (1983)....
...Petitioner Al Johnson filed a notice of protest on January 29, 1984, prior to any formal notice *211 of intent to award contract being issued as required. On February 13, 1985, JTA held an informal conference with Johnson on its protest to the contract award, consistent with Section 120.53(5)(d)....
...on (BF-40). These proceedings were consolidated for oral argument. Petitioners assert a variety of errors including: The failure of JTA to adopt rules specifying the procedure for resolution of protests arising from the contract bidding process, see Section 120.53(5), Florida Statutes; the failure of JTA to comply with the Sunshine and Public Records laws, see Chapters 119 and 286, Florida Statutes; the failure of JTA to refer the petitioners' protests to the Division of Administrative Hearings;...
...o the Division of Administrative Hearings [2] and petitioned for a writ of prohibition to estop JTA from awarding the subject contracts. We find it necessary only to determine whether the "Notice Regarding Contract Award Process" entered pursuant to Section 120.53(5)(c), Florida Statutes, set forth sufficient facts and circumstances to show that there would exist an immediate danger to the public health, safety, or welfare, if the contract award process were stayed pending resolution of administrative proceedings. Section 120.53(5), Florida Statutes, governs the procedure for the bidding and awarding of contracts entered into by JTA. Section 120.53(5)(b) provides that any person adversely affected by the agency's decision or intended decision may file a notice of protest within 72 hours and a formal written protest within ten days of filing the notice of protest. Section 120.53(5)(c) provides: Upon receipt of a notice of protest which has been timely filed, the agency shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final agency action, unle...
...forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Section
120.53(5)(d) provides for an informal conference at the request of a protestor or on the agency's own initiative. If the protest is not resolved by this conference, the agency is to refer the matter to the Division of Administrative Hearings for *212 proceedings under Section
120.57(2) if there are no disputed material facts, see Section
120.53(5)(d)(1), or for Section
120.57(1) proceedings if there are disputed issues of material facts, see Section
120.53(5)(d)(2)....
...We now consider whether the "Notice Regarding Contract Award Process" sets forth facts sufficient to require the contract award process to continue without delay to avoid an immediate danger to the public health, safety or welfare. Such an order, entered pursuant to Section
120.53(5)(c) is analogous to the statement required in promulgating an emergency rule under Section
120.54(9)(a)(3), Florida Statutes, and an immediate final order under Section 120.59(3), Florida Statutes....
...a badly needed crossing over the St. Johns River and the expressway system would be severely impaired. The additional cost to the public as a result of the delay would be tremendous. The public welfare would be seriously and immediately endangered. Section 120.53(5)(c) requires that the agency state those "particular facts and circumstances" which show that a continuation of the contract award process is necessary to protect the public health, safety, or welfare....
...We have serious reservations as to the propriety of this provision. Initially, we question whether, by setting a deadline of 120 days for award of contracts, JTA can avoid a contract award protest and simply rebid the project. This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 12782, 1996 WL 695280
...GOSHORN, Judge. Anthony Caserta appeals from a final order of the Florida Real Estate Commission ("the Commission") which, among other things, revoked Caserta's real estate license. The dispositive issue in this appeal is whether the legislative changes to section 120.53, Florida Statutes, which took effect in 1992, eliminated the requirement that the Florida Department of Business and Professional Regulation ("the Department") maintain a subject-matter index from January 1, 1975....
...Caserta's counsel filed exceptions to the hearing officer's recommended order and requested that the Department comply with Gessler v. Department of Business & Professional Regulation,
627 So.2d 501 (Fla. 4th DCA 1993), dismissed,
634 So.2d 624 (Fla. 1994) and section
120.53 "by making available for inspection each final agency order that imposed discipline for violations of [the relevant statutes] ......
...nd recommended penalty. This appeal followed the denial of a petition to stay enforcement of the final agency action. Caserta argues that reversal is required because the Department erred in failing to pend final agency action until it complied with section 120.53....
...Specifically, Caserta contends that the Department's responses to his request were inadequate because the Department failed to include a subject-matter index identifying for the public any rule or order issued or adopted after January 1, 1975 as required under subsection 120.53(2), Florida Statutes (1991)....
...The Department answers that it provided legally sufficient responses to Caserta's request because the relevant statutes, which were changed in 1992, impliedly eliminated the requirement that the index be provided from January 1, 1975 to December 31, 1991. See § 120.533(1), Fla.Stat. (1993). Subsection 120.53(2), Florida Statutes (1991) provided in pertinent part: Each agency shall make available for public inspection and copying, at no more than cost: (a) All rules formulated, adopted, or used by the agency in the discharge of its functions. (b) All agency orders. (c) A current subject-matter index, identifying for the public any rule or order issued or adopted after January 1, 1975. ... Id. (emphasis added). In 1992, the Florida Legislature substantially amended chapter 120. Section 120.53, Florida Statutes (1993), which took effect March 1, 1992 [2] and applies to the present case, [3] provides in relevant part: (2)(a) Each agency shall make available for public inspection and copying, at no more than cost: 1....
...120.57(3) which contains a statement of agency policy that may be the basis of the future agency decisions or that may otherwise contain a statement of precedential value; c. Each declaratory statement issued by an agency; and d. Each final order resulting from a proceeding under s.
120.535, s.
120.54(4), or s.
120.56. §
120.53(2)(a)1., 2., 3., 4., Fla.Stat. (1993). The Department contends that its responses to Caserta's requests were adequate, and thus, this issue does not warrant reversal. To support its assertion, the Department notes that the 1992 amendments to section
120.53 deleted the January 1, 1975 starting date for subject-matter indexing....
...It is likely that the legislature recognized the impossible burden many agencies would face in providing subject-matter indexes that, in some instances, may not even exist, particularly in light of subsection
120.68(8)'s mandate that an agency's failure to comply with section
120.53 is presumed to be prejudicial error. See §
120.68(8), Fla. Stat. (1993). In sum, we conclude that agencies must maintain and provide a subject-matter index from March 1, 1992, the effective date of the 1992 amendment to section
120.53....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 151982
...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. Stat. (1989). Rule 17-103.170 lists sections
119.07,
120.53 and 253.76 as the statutes it is intended to implement....
...Thus, even during its effective period, section 253.76 did not speak to the preparation of records on appeal, and under no interpretation of the rule and statute can it be said that the former implements the latter. Neither can the rule be construed to implement section 120.53. Although section 120.53(1)(b) requires agencies to adopt procedural rules, no mention is made of allocating the cost of preparing the record on appeal....
...1st DCA 1976), that an agency may charge the cost of record preparation to the party requesting the record so long as the charge does not exceed that which could be imposed by *135 a circuit court clerk under section
28.24(4), Florida Statutes. Even if the challenged rule sought to implement section
120.53(1)(b) in line with these holdings, it must still be deemed an impermissible modification....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8669, 1994 WL 483447
...end an award of the agent of record contract to one of the other companies. Walton filed a Notice of Intent to Protest within 72 hours after receipt of the notice of the department’s decision, and filed a Formal Written Notice within ten days. See § 120.53(5)(b), Fla.Stat....
...The department issued an order rejecting Walton’s motion for reconsideration. Section
287.042(2)(c) provides in pertinent part: (c) Any person who files an action protesting a decision or intended decision pertaining to contracts administered by the division or a state agency pursuant to s.
120.53(5)(b) shall post with the division or the state agency at the time of filing the formal written protest a bond payable to the division or state agency in an amount equal to 1 percent of the division’s or the state agency’s estimate of t...
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9450, 1993 WL 369322
...In fact, of course, a stay has been entered and the Board has acted by notifying the entities affected of the pendency of this appeal and the supersedeas. Therefore, we decline to consider any further action against the Board. FAILURE TO COMPLY WITH SECTION 120.53. Gessler next claims a violation by the Board of section 120.53(2), Florida Statutes (1989), which provides: Each agency shall make available ...: (a) All rules formulated, adopted, or used by the agency in the discharge of its functions....
...(c) A current subject-matter index, identifying for the public any rule or order issued or adopted after January 1, 1975. All rules adopted pursuant to this act shall be indexed within 90 days. The Department of State shall by rule establish uniform indexing procedures. Section 120.53(4) provides: An agency may comply with paragraphs (2)(b) and (c) by designating by rule an *503 official reporter which publishes and indexes by subject matter each agency order rendered after a proceeding which affects substantial interests has been held....
...Further, section
120.68(8) provides: The court shall remand the case for farther agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure. Failure of any agency to comply with s.
120.53 shall be presumed to be a material error in procedure. Gessler contends the Board has never made all of its orders available and has never prepared a subject-matter index as required by sections
120.53(2)(b) and (c)....
...y orders. All such rules and orders, cata-logued by a subject-matter index, must be made available for inspection and copying by the public in an ever-expanding library of precedents to which the agency must adhere or explain its deviation. Sections
120.53(2),
120.68(12)(b)....
...v. Department of General Services,
363 So.2d 810 (Fla. 1st DCA1978), cert. denied,
373 So.2d 457 (Fla.1979): Lamentably, four years after the adoption of Chapter 120 and three years after it became effective, the Department remains in violation of Section
120.53(l)(a), (b), and (c). Its counsel also advises, upon our inquiry at oral argument, that the Department maintains no subject-matter index of its orders entered these past three years in such controversies. If that is true, the Department also violates Section
120.53(2) and deprives itself, its contractors, the general public, and this court of the continuity and rationality such a resource would provide....
...The default is presumptively prejudicial and the issue of prejudice cannot be resolved without compliance with the directive. We are inclined to hold that the sanctions imposed against appellant must be stayed pending agency compliance with the legislative mandate contained in section 120.53(4)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15836
with its rules, adopted in compliance with Section
120.53, Florida Statutes (1978 Supp.). Section 120
CopyPublished | Supreme Court of Florida
...V, § 3(b)(3), Fla. Const.
(2) Historical provision: Art. V, § 3(b)(3), Fla. Const. (1972).
(f) Florida Statutes (Official).
(1) § 350.34, Fla. Stat. (1973)48.031, Fla. Stat. (2014).
(2) § 120.53120.54, Fla....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2243, 1986 Fla. App. LEXIS 10289
...nts of Chapter 120, Florida Statutes. In the instant case, the hearing officer determined that the Legislature had not granted the Commission any rulemaking *555 authority other than the authority to adopt rules of practice and procedure pursuant to Section 120.53(1), Florida Statutes, and that the Commission had no inherent rulemak-ing authority....
...and State v. Garcia,
229 So.2d 236 (Fla.1969), the hearing officer concluded that Rules 34-5.015 and 34-5.21(3) were substantive and, therefore, invalid. However, Rules 34-5.10, 34-5.14, and 34-5.22 were found to be allowable procedural rules under Section
120.53, and the challenge of those rules was dismissed....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2369, 1988 Fla. App. LEXIS 4703, 1988 WL 107389
...Bids were received from Harris/3M, Office Systems Consultants, Eastman Kodak, and Bell and Howell. The equipment bid by Harris/3M was the model MFB1100 Reader-Printer with a “page search” kit or controller. On January 12, 1987, the Department recommended that Harris/3M be awarded the bid. Pursuant to section 120.53(5), Florida Statutes (1985), OSC filed a formal protest and Harris/3M was allowed to intervene in the protest proceeding....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130
...ues which arose from the section
447.307 proceedings before it. Consequently, contrary to an additional argument made by ATU, PERC’s resolution of this case did not constitute the promulgation of a rule, subjecting PERC to rulemaking procedures of section
120.53, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 99 L.R.R.M. (BNA) 3440, 1978 Fla. App. LEXIS 17047
...We have assessed attorney’s fees and costs pursuant to § 120.-57(l)(b)(9), Fla.Stat. (1977), against agencies which flagrantly violated the requirements of Chapter 120 by denying §
120.57 hearings and refusing to promulgate procedural rules as mandated by §
120.53....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 18192, 2009 WL 4110879
...The hearing officer concluded that the address provided in the application was acceptable. Therefore, there was no necessity for the cure documents to be filed. The issues relating to the FPL letter were moot. Florida Housing adopted the hearing officer's findings and conclusions. Section 120.53(1)(a), Florida Statutes (2008), provides that each agency shall maintain all final orders. The agency may provide these orders by a subject-matter index or by a searchable electronic database. § 120.53(1)(a)2., Fla. Stat. (2008); see also Fla. Admin. Code R. 67-52.003 (requiring Florida Housing clerk to maintain all final orders and a subject matter index on such orders). Final orders must be indexed or listed within 120 days after the order is rendered. § 120.53(1)(b), Fla....
CopyPublished | Supreme Court of Florida | 2011 WL 5218961
...(j)-(p) [No change] Committee Notes 1977 Adoption. [No change] 1992 Amendment. [No change] 2011 Amendment. Subdivision (d)(3) was revised and subdivisions (d)(4) and (d)(5) were added to reflect changes in how agencies are publishing their decisions. Section 120.53(2)(a), Florida Statutes, was revised in 2008 to allow agencies to electronically transmit their decisions to the Division of Administrative Hearings for posting on the Division’s website in lieu of publishing them in an official reporter....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18219
...agency order, Rice v. Dept. of Health and Rehab. Serv.,
386 So.2d 844 (Fla. 1st DCA 1980), in part granting and in part denying FILS’s petition for agency rule-making on various subjects and “to provide the minimum public information required by s.
120.53.” Section
120.54(5), Florida Statutes (1979)....
...The Commission’s voluntary accession to several FILS requests leaves for our consideration only the limited issues of (1) whether FILS had standing to petition for Section
120.54(5) remedies; if so, (2) whether the Commission was bound *249 to grant the petition for compliance with Section
120.53, requiring rules of organization, practice, and procedure, rules for the scheduling of hearings and prescribing a public agenda, and public information resources including “a current subject-matter index” of rules and orders; and (...
...o a Section
120.68 appeal. As an agency subject to the Administrative Procedure Act, Turner v. Wainwright,
379 So.2d 148 (Fla. 1st DCA 1980), aff’d,
389 So.2d 1181 (Fla.1980), the Commission is bound to adopt the practice and procedure rules which Section
120.53 states “each agency shall” adopt, and the Commission must, in the words of Section
120.54(5), “provide the minimum public information required by s.
120.53.” We do not construe Sections
947.07 and
947.071 as exempting the Commission from the uniform requirements of Section 120.-53. * The Commission is therefore obliged to adopt rules for the preparation of an agenda meeting the specificity standards of Section
120.53(l)(d) and the model rules, Fla.Admin.Code R....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2408, 1986 Fla. App. LEXIS 10657
protest and formal written protest pursuant to Section
120.53, Florida Statutes, protesting the award of
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2601, 1987 Fla. App. LEXIS 10982
...The Varneys contend this notice was not sufficient since under section
120.54(1), Florida Statutes (1985), the meeting must be noticed in the Florida Administrative Weekly not less than twenty-one days prior to the intended action. Section
120.54 deals with rule making, not administrative hearings, but section
120.53 requires notice to “particular classes of persons to whom the intended action is directed” in the same manner as prescribed for rule making....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15081
...rbitrary and capricious action; and although the court cannot require the adoption of a specific rule, Citizens of Florida v. Mayo,
357 So.2d 731 (Fla.1978), a court may very well view the failure to adopt necessary rules as a failure to comply with Section
120.53, Florida Statutes, which in itself under Section
120.68(8) may be presumed to be a material error in procedure....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
carry out its duties and responsibilities. Section
120.53(1)(d) requires each agency to adopt rules for
CopyPublished | Florida 5th District Court of Appeal | 1979 Fla. App. LEXIS 14397
Secretary for Administrative Services. . . . ” Section
120.53, Florida Statutes (1977) requires all agencies
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
...this language, State of Florida, Department of Health and Rehabilitative Services v. McTigue,
387 So.2d 454 (Fla. 1st DCA 1980), to hold that a state attorney is an administrative agency that is required to adopt rules and regulations as mandated by section
120.53....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 675, 1985 Fla. App. LEXIS 13028
...We issued an order to show cause as to all grounds and theories asserted. Rule 9.100, Florida Rules of Appellate Procedure. Subsequent to JTA’s entry of its notice of intent to award contract to other bidders, petitioners filed a notice of protest, thereby staying the contract award. See § 120.53(5)(c), F.S....
...arity facts and circumstances showing that an immediate and serious danger to the public health, safety or welfare would exist; and (2) that it is procedurally deficient because not promulgated by the “agency head” within the meaning of Sections
120.53(5)(c),
120.52(3), and
349.03(2), Florida Statutes (1983). We agree with petitioners that the facts and circumstances stated in the notice are insufficient to overcome the stay provisions of Section
120.53(5)(e)....
...This cause is hereby remanded to JTA with directions that the petitioners’ protests be referred to the Department of Administrative Hearings forthwith, for expedited proceedings pursuant to Section
120.57(1) and other proceedings consistent with Section
120.53....
...In the interest of judicial economy and expeditious resolution of this cause we find that this notice also fails to state with sufficient particularity facts showing an immediate and serious danger to the public health, safety or welfare. The revised notice provides: NOTICE REGARDING CONTRACT AWARD PROCESS Pursuant to Section 120.53(5), the Jacksonville Transportation Authority has determined that the continuance of the contract award process for the Dame Point Expressway Project without delay is necessary in order to avoid an immediate and serious danger to the public welfare....
...use of the aforesaid immediate danger to the public welfare. John Lanahan, Chairman, on behalf of Jacksonville Transportation Authority . Our decision will stay the award of contracts pending resolution of the petitioners’ bid protests pursuant to Section 120.53(5)(c)....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...ate agencies are required to adopt rules establishing procedures for conducting meetings, hearings, and workshops by means of this technology. While the Bass Museum Board of Trustees is not a state agency that would be subject to the requirements of section 120.53 (6), Florida Statutes, requiring state agencies to adopt rules for conducting meetings by means of communications media technology, the board may look to the model rules promulgated pursuant to this statute for direction in conducting telephone meetings....
...discussions taking place during the meeting. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, Inf. Op. Att'y Gen. to Bryan Henry, dated July 26, 1982. 2 And see, Op. Att'y Gen. 71-32 (1971). 3 See, Op. Att'y Gen. 92-44 (1992). 4 See, s. 120.53 (6), Fla. Stat. (1993), and Fla. Admin. Code Ch. 28-8, which was adopted "to implement the provisions of Section 120.53 (6), F.S., by providing general procedures to be followed by an agency which desires to conduct a meeting or workshop by means of communications media technology or in conjunction with communications media technology." 5 Florida Admini...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1317, 1986 Fla. App. LEXIS 8521
...a formal protest had not been earlier filed “based on the oral representation of DPR personnel, that DPR had not yet reached a decision as to the award of the contract....” DPR replied with a letter which reiterated its determination of waiver. Section 120.53(5), Florida Statutes, addresses agency procedures for the resolution of protests arising from the contract bidding process. The statute provides that notice of intended agency decisions, other than bid solicitations, may be given by posting the bid tabulation at the location where the bids were opened. Section 120.53(5)(b) provides that: Any person who is affected adversely by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the bid tabulation or after receipt of...
...Appellant contends that the October 2, 1985 letter from DPR was the first notice of an intended decision, 1 arguing that its protest was thereafter timely filed. 2 However, appellant had earlier initiated the protest procedure by filing a notice of protest upon posting of the bid tabulation. 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 a waiver of proceedings under Chapter 120....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
an appropriate legal proceeding. RAB/tjw 1 Section
120.53(6), F.S. 2 And see, Motes v. Putnam County
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1681, 1988 Fla. App. LEXIS 3312, 1988 WL 75036
...Northrop and Northrop Building Partnership (Northrop) appeals an order of the Department of Corrections (DOC) which denied Northrop’s request for a formal hearing on its bid protest. We reverse. Northrop contends that the DOC failed to provide notice of its bid decision in accordance with the requirements of § 120.53(5), Fla.Stat., and that therefore Northrop’s formal protest was timely and should not have been denied. The DOC solicited proposals regarding its desire to lease space in which to locate the Milton Probation and Parole Office. Northrop was an unsuccessful bidder. Section 120.53(5), Fla.Stat....
...cation where the bids were opened, or by certified U.S. mail, return receipt requested. In this case the DOC did neither. Instead, the DOC’s regional budget manager contacted Northrop by telephone to advise Northrop that its bid had been rejected. 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 proceedings under chapter 120, Florida Statutes.” The notice afforded by the DOC to Northrop did not contain this statutorily mandated statement. Section 120.53(5)(b) requires the unsuccessful bidder to file a written notice of protest within 72 hours of receipt of the notice of decision or its posting, and to file a formal written protest within 10 days....
...The DOC refused to consider Northrop’s protest of the decision, stating that Northrop’s failure to timely file its formal written protest constituted a waiver of Ch. 120 proceedings. Since the DOC failed to provide notice of its decision as required by § 120.53(5), Northrop’s delay in filing its written protest did not constitute a waiver of Ch....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
to such a facility." Moreover, as you note, section
120.53(6), Florida Statutes, while not applicable
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1658, 1988 Fla. App. LEXIS 3072, 1988 WL 72168
...l of the Department’s rejection of all bids for the 1987 State micro-computer term purchasing contracts and extending the previous year’s contracts. The Department is subject to sharp criticism for failing to follow the time limits prescribed in section 120.53(5), Florida Statutes (1985), but we find no reversible error in the appealed order and affirm....
...procuring contractual services; that detailed justifica *333 tion of agency decisions in the procurement of contractual services be maintained; and that adherence by the agency and the consultant to specific ethical considerations be required. “2. Section 120.53(5), Florida Statutes (1985), prescribing procedures for bidding, provides in pertinent part: (c) Upon receipt of a notice of protest which has been timely filed, the agency shall stop the bid solicitation process or the contract award...
...oth Caber’s protest of the December 15, 1986, posting of awards and its protest of the January 21,1987, rejection of all bids. No further bidding or award of contracts will take place until after the resolution of this proceeding. Caber cannot use Section 120.53(5)(c) or the court decisions either as a means of delaying the resolution of its protests by requiring their consideration in two separate, consecutive administrative proceedings or as a sword to cut off DGS’ ability to consider whether to reject all bids....
...ruary 27,1987, when it referred to the Division of Administrative Hearings both that protest and Caber’s protest of the January 21,1987, rejection of all bids. The delay in referring the first protest technically violated the procedures set out in Section 120.53(5)(d)....
...376-383) The hearing officer’s findings of fact are supported by competent, substantial evidence of record, and we find no reversible error in his conclusions of law as adopted by the Department’s final order. *336 We find no merit in Caber’s first point, that DGS exceeded its authority under section 120.53 by rejecting all bids after Caber had filed its protests. The pertinent language in section 120.53(5)(c) provides that “the agency shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final agency action.” We construe this language, as does the Department, to mean...
...rsonal considerations of such a nature as to raise serious questions concerning the integrity of the entire bidding process.
377 So.2d at 747-48 (emphasis added). In Cianbro Corp., supra, the Jacksonville Transportation Authority sought to avoid the section
120.53 mandatory stay following a bid protest by invoking the statutory exception for “immediate danger to the public health, safety, or welfare.” JTA referred to a provision in the bid solicitation document reciting that all bids would b...
...We have serious reservations as to the propriety of this provision. Initially, we question whether by setting a deadline of 120 days for award of contracts, JTA can avoid a contract award protest and simply rebid the project. This “escape clause” may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests....
...These cases do not, as Caber argues, require reversal of the appealed order. Each of them is consistent with the proposition that an agency is not permitted by law to avoid the bid protest procedure by rejecting all bids for arbitrary or capricious reasons. None of them holds that an agency cannot, under section
120.53, reject all bids for a valid reason before a protest of an award to another bidder has been heard in a section
120.57 hearing. We next address whether the order should be reversed for the Department’s failure to strictly comply with the time requirements specified in section
120.53(5)....
...The Department’s failure to timely forward both protests for hearing unduly delayed the proceedings, the very result which the Legislature sought to prevent when it provided for the speedy referral and hearing of protests. The Department clearly violated section 120.53(5)....
...The critical elements of the rule are, therefore, whether the error is material, and if so, whether it has impaired the fairness of the proceeding or the correctness of the action. Section
120.68(8) further provides that an agency’s failure to comply with section
120.53 “shall be presumed to be a material error in procedure.” Hence, the first element has been established by statutory presumption....
...State, Department of Revenue,
472 So.2d 497 , 501 n. 2 (Fla. 1st DCA 1985), rev. denied,
486 So.2d 598 (Fla.1986). We conclude that reversal and remand for further proceedings based on the Department’s failure to comply with the time requirements of section
120.53(5) will serve no useful purpose in this case....
...e specified statutory period. Department of Business Regulation v. Hyman,
417 So.2d 671, 673 . AFFIRMED. WIGGINTON, J., concurs. BOOTH, J., concurs in part and dissents in part with written opinion. . The hearing officer’s order made no mention of section
120.53(5)(e), which provides: (e) Upon receipt of a formal written protest referred pursuant to this subsection, the division director shall expedite the hearing and assign a hearing officer who shall conduct a hearing within IS days of the receipt of the formal written protest by the division....
CopyPublished | Court of Appeals for the Eleventh Circuit
...If its bid is the lowest, it will receive the contract. Third, a prime contractor who is “adversely affected” by a bid solicitation or award may file a protest, which generally suspends the bid solicitation process or award until a final agency resolution of the matter. Fla.Stat. §§
120.53(5),
337.11(3)(b); Fla.Admin.Code Ann....
...Although generally the filing of a protest will suspend the bid solicitation or award process, the Secretary may continue the process while a protest is pending if he shows that unless the process continues without delay, (1) an immediate and serious danger to public health, safety, or welfare will exist, Fla.Stat. § 120.53(5)(c); Fla.Admin.Code Ann....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18869
...We hold, as a matter of law, that it is. The Florida Parole and Probation Commission is subject to both the sunshine law and the administrative procedures act. 1 Accordingly, the Commission must provide public information, including notice of scheduled meetings, as required by Section 120.53, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 731, 1990 WL 10231
...f law to conclude that the breach fell within the “defective work” provision. With respect to Cone’s equal protection argument, Cone waived its right to challenge the contractual DBE requirements by failing to raise the issue in a bid protest. § 120.53(5), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 371, 1997 WL 39592
...Raney Construction, Inc.,
357 So.2d 749 (Fla. 3d DCA 1978), Berry v. Okaloosa County,
334 So.2d 349 (Fla. 1st DCA 1976), and Dedmond v. Escambia County,
244 So.2d 758 (Fla. 1st DCA 1971) is therefore misplaced. The invitation to bid provided that “S
120.53(5), Florida Statutes” would govern protest procedures. Like section
120.57(3), Florida Statutes (Supp.1996), which has now replaced it, section
120.53(5)(c), Florida Statutes (1995), provided: Upon receipt of the formal written protest which has been timely filed the agency shall stop the bid solicitation process or the contract award process until the subject of the protest is resol...
...n writing particular facts and circumstances which require the continuance of the bid solicitation process or the con *1338 tract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. § 120.53(5)(c), Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690
...Department of Ins., 2 F.A.L.R. 648-A (Fla. Dept. of Insurance 1980). (e) Florida Constitution. (Year of adoption should be given if necessary to avoid confusion.) Art. V, § 3(b)(3), Fla. Const. (f) Florida Statutes (Official). § 350.34, Fla. Stat. (1973). § 120.53, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1987 WL 3197
...upervision of matters pertaining to agriculture." and section
570.07(21), Florida Statutes (1985), which authorizes the department to "declare an emergency when such exists in any matter pertaining to agriculture." In respect to competitive bidding, section
120.53(5)(c) provides: Upon receipt of a notice of protest which has been timely filed, the agency shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final agency action, unle...
...o its criticism of the Department's contention that Global's notice of protest was untimely filed because the bid tabulation posting was made on Friday morning, and the protest was not filed until Tuesday afternoon, more than the 72 hours allowed by section 120.53(5)(b)....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1543, 1996 WL 75311
...rges and maintenance costs. NEC seeks review of the school board’s decision to proceed with the contract award process pending its protest. The school board’s rules concerning the resolution of bid and contract disputes is virtually identical to section 120.53(5)(e), Florida Statutes (1995), which requires the bid solicitation or contract award process to be stayed pending a formal written protest unless the agency head “sets forth in writing particular facts and circumstances which requir...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 393, 1986 Fla. App. LEXIS 6373
...DBE participation of 4.6%, 6.59% and 12.65%, for the respective projects. The Department issued a notice of intent to award contract to Wiley N. Jackson Company (Jackson), the second low bidder, and Barco timely filed a notice of protest pursuant to section 120.53(5), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 20010
face to require a formal hearing pursuant to Section 120.-53(5)(d)2, Florida Statutes. The contract awarded
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372
...Department of Ins., 2 F.A.L.R. 648-A (Fla. Dept. of Insurance 1980). (e) Florida Constitution. (Year of adoption should be given if necessary to avoid confusion.) Art. V, § 3(b)(3), Fla. Const. (f) Florida Statutes (Official). § 350.34, Fla. Stat. (1973). § 120.53, Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1825, 1986 Fla. App. LEXIS 9424
Chapter 28-3, Florida Administrative Code and Section
120.53, Florida Statutes (1983), give agencies the
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8349, 1996 WL 449855
...epresentatives. (Emphasis supplied). On June 19, 1995, at 1:30 p.m., the Department posted the bid tabulation for the RFP, noting the intended awardee, one of Bell Atlantic’s competing bidders. 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 a waiver of proceedings under chapter 120, Florida Statutes.” On June 22, 1995, at 1:57 p.m., Bell Atlantic notified the Department by telefacsimile of its intention to protest the intended award....
...Finally, on July 24, 1995, the Department moved to dismiss Bell Atlantic’s challenge to the dismissal of the bid protest on the basis of its own final order dismissing the protest. Bell Atlantic requested an abatement pending appeal to this court. Section 120.53 provides that “[a]ny person who is affected adversely by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the bid tabulation or after receipt of the notice of the agency decision or intended decision. ...” Section 120.53(5)(b), Florida Statutes (1993)(emphasis supplied)....
...2d DCA 1962); section
120.68(6), Florida Statutes (1993). For these reasons, we REVERSE the order of dismissal and REMAND with directions to refer the matter to the Division of Administrative Hearings for an evidentiary hearing. BARFIELD, C.J., KAHN, J., and SMITH, Senior Judge, concur. . Section
120.53(5)(a)3, Florida Statutes (1993): ......
CopyPublished | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 865, 1989 Fla. App. LEXIS 1901, 1989 WL 34579
...bulation by which all bids were rejected. Although appellant submitted a copy of this document after filing its formal written protest, the submission was made be *1285 yond the formal protest time limit established in Rule 13A-1.006(3), F.A.C., and section 120.53(5), Florida Statutes. In accordance with its determination that appellant’s written protest was insufficient, ap-pellee dismissed the protest without an administrative hearing. Section 120.53(5), Florida Statutes, describes procedures for the resolution of protests under the contract bidding process, but does not specify the necessary contents of a formal written protest....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
definition of `agency' provided in that act. Section
120.53 requires that all covered `agencies' must adopt
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19593
...This was followed by a formal letter of protest on January 19, 1982. On January 21, 1982, the Department notified each bidder by mail of its intention to award the contract to Dyson. That letter also stated “failure to file a protest within the time prescribed by Section
120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” The letter was received by appellant on January 25, 1982. On February 9, 1982, appellant filed a petition for proceedings under Section
120.57(1), Florida Statutes. Dyson moved to quash or dismiss appellant’s protest. The Department came to the conclusion that the time limit set forth by Section
120.53(5) governed the case and that such time limit was not complied with in that appellant’s protest was premature....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19919
found in the Administrative Procedure Act, Section 120.-53(l)(b) and (c), which requires an agency to:
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...FINES IMPOSED BY A GENERAL, SPECIAL, OR SUMMARY COURT OF THE FLORIDA NATIONAL GUARD, OR; C. CONTRIBUTIONS BY COUNTIES, MUNICIPALITIES AND OTHER SOURCES FOR USE IN PROVIDING AND MAINTAINING ARMORIES? 2. WHETHER THE DEPARTMENT OF MILITARY AFFAIRS IS REQUIRED PURSUANT TO s 120.53 , F.S., TO ADOPT RULES AND REGULATIONS GOVERNING THE RENTAL OF ARMORIES AND OTHER FACILITIES? 3....
...ablishment of such a trust fund and apply to the State Comptroller for a warrant for their disbursement at the time needed for their expenditure. 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....
...cribes 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." (e.s.) Section 120.53 (1)(a), F.S., among other things, requires each state agency 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....
