Florida Statute 120.54 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.54

120.54 Rulemaking.—

(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.—

(a) Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s. 120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable.

1. Rulemaking shall be presumed feasible unless the agency proves that:

a. The agency has not had sufficient time to acquire the knowledge and experience reasonably necessary to address a statement by rulemaking; or

b. Related matters are not sufficiently resolved to enable the agency to address a statement by rulemaking.

2. Rulemaking shall be presumed practicable to the extent necessary to provide fair notice to affected persons of relevant agency procedures and applicable principles, criteria, or standards for agency decisions unless the agency proves that:

a. Detail or precision in the establishment of principles, criteria, or standards for agency decisions is not reasonable under the circumstances; or

b. The particular questions addressed are of such a narrow scope that more specific resolution of the matter is impractical outside of an adjudication to determine the substantial interests of a party based on individual circumstances.

(b) Whenever an act of the Legislature is enacted which requires implementation of the act by rules of an agency within the executive branch of state government, such rules shall be drafted and formally proposed as provided in this section within the times provided in s. 120.74(4) and (5).

(c) No statutory provision shall be delayed in its implementation pending an agency’s adoption of implementing rules unless there is an express statutory provision prohibiting its application until the adoption of implementing rules.

(d) In adopting rules, all agencies must, among the alternative approaches to any regulatory objective and to the extent allowed by law, choose the alternative that does not impose regulatory costs on the regulated person, county, or city which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives.

(e) No agency has inherent rulemaking authority, nor has any agency authority to establish penalties for violation of a rule unless the Legislature, when establishing a penalty, specifically provides that the penalty applies to rules.

(f) An agency may adopt rules authorized by law and necessary to the proper implementation of a statute prior to the effective date of the statute, but the rules may not be effective until the statute upon which they are based is effective. An agency may not adopt retroactive rules, including retroactive rules intended to clarify existing law, unless that power is expressly authorized by statute.

(g) Each rule adopted shall contain only one subject.

(h) In rulemaking proceedings, the agency may recognize any material which may be judicially noticed, and it may provide that materials so recognized be incorporated into the record of the proceeding. Before the record of any proceeding is completed, all parties shall be provided a list of these materials and given a reasonable opportunity to examine them and offer written comments or written rebuttal.

(i)1. A rule may incorporate material by reference but only as the material exists on the date the rule is adopted. For purposes of the rule, changes in the material are not effective unless the rule is amended to incorporate the changes.

2. An agency rule that incorporates by specific reference another rule of that agency automatically incorporates subsequent amendments to the referenced rule unless a contrary intent is clearly indicated in the referencing rule. A notice of amendments to a rule that has been incorporated by specific reference in other rules of that agency must explain the effect of those amendments on the referencing rules.

3. In rules adopted after December 31, 2010, material may not be incorporated by reference unless:

a. The material has been submitted in the prescribed electronic format to the Department of State and the full text of the material can be made available for free public access through an electronic hyperlink from the rule making the reference in the Florida Administrative Code; or

b. The agency has determined that posting the material on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law, in which case a statement to that effect, along with the address of locations at the Department of State and the agency at which the material is available for public inspection and examination, must be included in the notice required by subparagraph (3)(a)1.

4. A rule may not be amended by reference only. Amendments must set out the amended rule in full in the same manner as required by the State Constitution for laws.

5. Notwithstanding any contrary provision in this section, when an adopted rule of the Department of Environmental Protection or a water management district is incorporated by reference in the other agency’s rule to implement a provision of part IV of chapter 373, subsequent amendments to the rule are not effective as to the incorporating rule unless the agency incorporating by reference notifies the committee and the Department of State of its intent to adopt the subsequent amendment, publishes notice of such intent in the Florida Administrative Register, and files with the Department of State a copy of the amended rule incorporated by reference. Changes in the rule incorporated by reference are effective as to the other agency 20 days after the date of the published notice and filing with the Department of State. The Department of State shall amend the history note of the incorporating rule to show the effective date of such change. Any substantially affected person may, within 14 days after the date of publication of the notice of intent in the Florida Administrative Register, file an objection to rulemaking with the agency. The objection shall specify the portions of the rule incorporated by reference to which the person objects and the reasons for the objection. The agency shall not have the authority under this subparagraph to adopt those portions of the rule specified in such objection. The agency shall publish notice of the objection and of its action in response in the next available issue of the Florida Administrative Register.

6. The Department of State may adopt by rule requirements for incorporating materials pursuant to this paragraph.

(j) A rule published in the Florida Administrative Code must be indexed by the Department of State within 90 days after the rule is filed. The Department of State shall by rule establish procedures for indexing rules.

(k) An agency head may delegate the authority to initiate rule development under subsection (2); however, rulemaking responsibilities of an agency head under subparagraph (3)(a)1., subparagraph (3)(e)1., or subparagraph (3)(e)6. may not be delegated or transferred.

(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—

(a) Except when the intended action is the repeal of a rule, agencies shall provide notice of the development of proposed rules by publication of a notice of rule development in the Florida Administrative Register before providing notice of a proposed rule as required by paragraph (3)(a). The notice of rule development shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include the preliminary text of the proposed rules, if available, or a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

(b) All rules should be drafted in readable language. The language is readable if:

1. It avoids the use of obscure words and unnecessarily long or complicated constructions; and

2. It avoids the use of unnecessary technical or specialized language that is understood only by members of particular trades or professions.

(c) An agency may hold public workshops for purposes of rule development. An agency must hold public workshops, including workshops in various regions of the state or the agency’s service area, for purposes of rule development if requested in writing by any affected person, unless the agency head explains in writing why a workshop is unnecessary. The explanation is not final agency action subject to review pursuant to ss. 120.569 and 120.57. The failure to provide the explanation when required may be a material error in procedure pursuant to s. 120.56(1)(c). When a workshop or public hearing is held, the agency must ensure that the persons responsible for preparing the proposed rule are available to explain the agency’s proposal and to respond to questions or comments regarding the rule being developed. The workshop may be facilitated or mediated by a neutral third person, or the agency may employ other types of dispute resolution alternatives for the workshop that are appropriate for rule development. Notice of a rule development workshop shall be by publication in the Florida Administrative Register not less than 14 days prior to the date on which the workshop is scheduled to be held and shall indicate the subject area which will be addressed; the agency contact person; and the place, date, and time of the workshop.

(d)1. An agency may use negotiated rulemaking in developing and adopting rules. The agency should consider the use of negotiated rulemaking when complex rules are being drafted or strong opposition to the rules is anticipated. The agency should consider, but is not limited to considering, whether a balanced committee of interested persons who will negotiate in good faith can be assembled, whether the agency is willing to support the work of the negotiating committee, and whether the agency can use the group consensus as the basis for its proposed rule. Negotiated rulemaking uses a committee of designated representatives to draft a mutually acceptable proposed rule.

2. An agency that chooses to use the negotiated rulemaking process described in this paragraph shall publish in the Florida Administrative Register a notice of negotiated rulemaking that includes a listing of the representative groups that will be invited to participate in the negotiated rulemaking process. Any person who believes that his or her interest is not adequately represented may apply to participate within 30 days after publication of the notice. All meetings of the negotiating committee shall be noticed and open to the public pursuant to the provisions of this chapter. The negotiating committee shall be chaired by a neutral facilitator or mediator.

3. The agency’s decision to use negotiated rulemaking, its selection of the representative groups, and approval or denial of an application to participate in the negotiated rulemaking process are not agency action. Nothing in this subparagraph is intended to affect the rights of an affected person to challenge a proposed rule developed under this paragraph in accordance with s. 120.56(2).

(3) ADOPTION PROCEDURES.—

(a) Notices.—

1. Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, an agency, upon approval of the agency head, shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action; the full text of the proposed rule or amendment and a summary thereof; a reference to the grant of rulemaking authority pursuant to which the rule is adopted; and a reference to the section or subsection of the Florida Statutes or the Laws of Florida being implemented or interpreted. The notice must include a summary of the agency’s statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in s. 120.541(2); a statement that any person who wishes to provide the agency with information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s. 120.541(1), must do so in writing within 21 days after publication of the notice; and a statement as to whether, based on the statement of the estimated regulatory costs or other information expressly relied upon and described by the agency if no statement of regulatory costs is required, the proposed rule is expected to require legislative ratification pursuant to s. 120.541(3). The notice must state the procedure for requesting a public hearing on the proposed rule. Except when the intended action is the repeal of a rule, the notice must include a reference both to the date on which and to the place where the notice of rule development that is required by subsection (2) appeared.

2. The notice shall be published in the Florida Administrative Register not less than 28 days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice.

3. The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least 14 days prior to such mailing, have made requests of the agency for advance notice of its proceedings. The agency shall also give such notice as is prescribed by rule to those particular classes of persons to whom the intended action is directed.

4. The adopting agency shall file with the committee, at least 21 days prior to the proposed adoption date, a copy of each rule it proposes to adopt; a copy of any material incorporated by reference in the rule; a detailed written statement of the facts and circumstances justifying the proposed rule; a copy of any statement of estimated regulatory costs that has been prepared pursuant to s. 120.541; a statement of the extent to which the proposed rule relates to federal standards or rules on the same subject; and the notice required by subparagraph 1.

(b) Special matters to be considered in rule adoption.—

1. Statement of estimated regulatory costs.—Before the adoption, amendment, or repeal of any rule other than an emergency rule, an agency is encouraged to prepare a statement of estimated regulatory costs of the proposed rule, as provided by s. 120.541. However, an agency must prepare a statement of estimated regulatory costs of the proposed rule, as provided by s. 120.541, if:

a. The proposed rule will have an adverse impact on small business; or

b. The proposed rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate in this state within 1 year after the implementation of the rule.

2. Small businesses, small counties, and small cities.—

a. Each agency, before the adoption, amendment, or repeal of a rule, shall consider the impact of the rule on small businesses as defined by s. 288.703 and the impact of the rule on small counties or small cities as defined by s. 120.52. Whenever practicable, an agency shall tier its rules to reduce disproportionate impacts on small businesses, small counties, or small cities to avoid regulating small businesses, small counties, or small cities that do not contribute significantly to the problem the rule is designed to address. An agency may define “small business” to include businesses employing more than 200 persons, may define “small county” to include those with populations of more than 75,000, and may define “small city” to include those with populations of more than 10,000, if it finds that such a definition is necessary to adapt a rule to the needs and problems of small businesses, small counties, or small cities. The agency shall consider each of the following methods for reducing the impact of the proposed rule on small businesses, small counties, and small cities, or any combination of these entities:

(I) Establishing less stringent compliance or reporting requirements in the rule.

(II) Establishing less stringent schedules or deadlines in the rule for compliance or reporting requirements.

(III) Consolidating or simplifying the rule’s compliance or reporting requirements.

(IV) Establishing performance standards or best management practices to replace design or operational standards in the rule.

(V) Exempting small businesses, small counties, or small cities from any or all requirements of the rule.

b.(I) If the agency determines that the proposed action will affect small businesses as defined by the agency as provided in sub-subparagraph a., the agency shall send written notice of the rule to the rules ombudsman in the Executive Office of the Governor at least 28 days before the intended action.

(II) Each agency shall adopt those regulatory alternatives offered by the rules ombudsman in the Executive Office of the Governor and provided to the agency no later than 21 days after the rules ombudsman’s receipt of the written notice of the rule which it finds are feasible and consistent with the stated objectives of the proposed rule and which would reduce the impact on small businesses. When regulatory alternatives are offered by the rules ombudsman in the Executive Office of the Governor, the 90-day period for filing the rule in subparagraph (e)2. is extended for a period of 21 days.

(III) If an agency does not adopt all alternatives offered pursuant to this sub-subparagraph, it shall, before rule adoption or amendment and pursuant to subparagraph (d)1., file a detailed written statement with the committee explaining the reasons for failure to adopt such alternatives. Within 3 working days after the filing of such notice, the agency shall send a copy of such notice to the rules ombudsman in the Executive Office of the Governor.

1. If the intended action concerns any rule other than one relating exclusively to procedure or practice, the agency shall, on the request of any affected person received within 21 days after the date of publication of the notice of intended agency action, give affected persons an opportunity to present evidence and argument on all issues under consideration. The agency may schedule a public hearing on the rule and, if requested by any affected person, shall schedule a public hearing on the rule. When a public hearing is held, the agency must ensure that staff are available to explain the agency’s proposal and to respond to questions or comments regarding the rule. If the agency head is a board or other collegial body created under s. 20.165(4) or s. 20.43(3)(g), and one or more requested public hearings is scheduled, the board or other collegial body shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing. Any material pertinent to the issues under consideration submitted to the agency within 21 days after the date of publication of the notice or submitted to the agency between the date of publication of the notice and the end of the final public hearing shall be considered by the agency and made a part of the record of the rulemaking proceeding.

2. Rulemaking proceedings shall be governed solely by the provisions of this section unless a person timely asserts that the person’s substantial interests will be affected in the proceeding and affirmatively demonstrates to the agency that the proceeding does not provide adequate opportunity to protect those interests. If the agency determines that the rulemaking proceeding is not adequate to protect the person’s interests, it shall suspend the rulemaking proceeding and convene a separate proceeding under the provisions of ss. 120.569 and 120.57. Similarly situated persons may be requested to join and participate in the separate proceeding. Upon conclusion of the separate proceeding, the rulemaking proceeding shall be resumed.

(d) Modification or withdrawal of proposed rules.—

1. After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the rule has not been changed from the rule as previously filed with the committee, or contains only technical changes, the adopting agency shall file a notice to that effect with the committee at least 7 days prior to filing the rule for adoption. Any change, other than a technical change that does not affect the substance of the rule, must be supported by the record of public hearings held on the rule, must be in response to written material submitted to the agency within 21 days after the date of publication of the notice of intended agency action or submitted to the agency between the date of publication of the notice and the end of the final public hearing, or must be in response to a proposed objection by the committee. In addition, when any change is made in a proposed rule, other than a technical change, the adopting agency shall provide a copy of a notice of change by certified mail or actual delivery to any person who requests it in writing no later than 21 days after the notice required in paragraph (a). The agency shall file the notice of change with the committee, along with the reasons for the change, and provide the notice of change to persons requesting it, at least 21 days prior to filing the rule for adoption. The notice of change shall be published in the Florida Administrative Register at least 21 days prior to filing the rule for adoption. This subparagraph does not apply to emergency rules adopted pursuant to subsection (4).

2. After the notice required by paragraph (a) and prior to adoption, the agency may withdraw the rule in whole or in part.

3. After adoption and before the rule becomes effective, a rule may be modified or withdrawn only in the following circumstances:

a. When the committee objects to the rule;

b. When a final order, which is not subject to further appeal, is entered in a rule challenge brought pursuant to s. 120.56 after the date of adoption but before the rule becomes effective pursuant to subparagraph (e)6.;

c. If the rule requires ratification, when more than 90 days have passed since the rule was filed for adoption without the Legislature ratifying the rule, in which case the rule may be withdrawn but may not be modified; or

d. When the committee notifies the agency that an objection to the rule is being considered, in which case the rule may be modified to extend the effective date by not more than 60 days.

4. The agency shall give notice of its decision to withdraw or modify a rule in the first available issue of the publication in which the original notice of rulemaking was published, shall notify those persons described in subparagraph (a)3. in accordance with the requirements of that subparagraph, and shall notify the Department of State if the rule is required to be filed with the Department of State.

5. After a rule has become effective, it may be repealed or amended only through the rulemaking procedures specified in this chapter.

(e) Filing for final adoption; effective date.—

1. If the adopting agency is required to publish its rules in the Florida Administrative Code, the agency, upon approval of the agency head, shall file with the Department of State three certified copies of the rule it proposes to adopt; one copy of any material incorporated by reference in the rule, certified by the agency; a summary of the rule; a summary of any hearings held on the rule; and a detailed written statement of the facts and circumstances justifying the rule. Agencies not required to publish their rules in the Florida Administrative Code shall file one certified copy of the proposed rule, and the other material required by this subparagraph, in the office of the agency head, and such rules shall be open to the public.

2. A rule may not be filed for adoption less than 28 days or more than 90 days after the notice required by paragraph (a), until 21 days after the notice of change required by paragraph (d), until 14 days after the final public hearing, until 21 days after a statement of estimated regulatory costs required under s. 120.541 has been provided to all persons who submitted a lower cost regulatory alternative and made available to the public, or until the administrative law judge has rendered a decision under s. 120.56(2), whichever applies. When a required notice of change is published prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after the date of publication. If notice of a public hearing is published prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after adjournment of the final hearing on the rule, 21 days after receipt of all material authorized to be submitted at the hearing, or 21 days after receipt of the transcript, if one is made, whichever is latest. The term “public hearing” includes any public meeting held by any agency at which the rule is considered. If a petition for an administrative determination under s. 120.56(2) is filed, the period during which a rule must be filed for adoption is extended to 60 days after the administrative law judge files the final order with the clerk or until 60 days after subsequent judicial review is complete.

3. At the time a rule is filed, the agency shall certify that the time limitations prescribed by this paragraph have been complied with, that all statutory rulemaking requirements have been met, and that there is no administrative determination pending on the rule.

4. At the time a rule is filed, the committee shall certify whether the agency has responded in writing to all material and timely written comments or written inquiries made on behalf of the committee. The department shall reject any rule that is not filed within the prescribed time limits; that does not comply with all statutory rulemaking requirements and rules of the department; upon which an agency has not responded in writing to all material and timely written inquiries or written comments; upon which an administrative determination is pending; or which does not include a statement of estimated regulatory costs, if required.

5. If a rule has not been adopted within the time limits imposed by this paragraph or has not been adopted in compliance with all statutory rulemaking requirements, the agency proposing the rule shall withdraw the rule and give notice of its action in the next available issue of the Florida Administrative Register.

6. The proposed rule shall be adopted on being filed with the Department of State and become effective 20 days after being filed, on a later date specified in the notice required by subparagraph (a)1., on a date required by statute, or upon ratification by the Legislature pursuant to s. 120.541(3). Rules not required to be filed with the Department of State shall become effective when adopted by the agency head, on a later date specified by rule or statute, or upon ratification by the Legislature pursuant to s. 120.541(3). If the committee notifies an agency that an objection to a rule is being considered, the agency may postpone the adoption of the rule to accommodate review of the rule by the committee. When an agency postpones adoption of a rule to accommodate review by the committee, the 90-day period for filing the rule is tolled until the committee notifies the agency that it has completed its review of the rule.

For the purposes of this paragraph, the term “administrative determination” does not include subsequent judicial review.

(4) EMERGENCY RULES.—

(a) If an agency finds that an immediate danger to the public health, safety, or welfare requires emergency action, the agency may adopt any rule necessitated by the immediate danger. The agency may adopt a rule by any procedure which is fair under the circumstances if:

1. The procedure provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution.

2. The agency takes only that action necessary to protect the public interest under the emergency procedure.

3. The agency publishes in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances. In any event, notice of emergency rules, other than those of educational units or units of government with jurisdiction in only one or a part of one county, including the full text of the rules, shall be published in the first available issue of the Florida Administrative Register and provided to the committee along with any material incorporated by reference in the rules. The agency’s findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable.

(b) Rules pertaining to the public health, safety, or welfare shall include rules pertaining to perishable agricultural commodities or rules pertaining to the interpretation and implementation of the requirements of chapters 97-102 and chapter 105 of the Election Code.

(c) An emergency rule adopted under this subsection shall not be effective for a period longer than 90 days and shall not be renewable, except when the agency has initiated rulemaking to adopt rules addressing the subject of the emergency rule and either:

1. A challenge to the proposed rules has been filed and remains pending; or

2. The proposed rules are awaiting ratification by the Legislature pursuant to s. 120.541(3).

Nothing in this paragraph prohibits the agency from adopting a rule or rules identical to the emergency rule through the rulemaking procedures specified in subsection (3).

(d) Subject to applicable constitutional and statutory provisions, an emergency rule becomes effective immediately on filing, or on a date less than 20 days thereafter if specified in the rule, if the adopting agency finds that such effective date is necessary because of immediate danger to the public health, safety, or welfare.

(5) UNIFORM RULES.—

(a)1. By July 1, 1997, the Administration Commission shall adopt one or more sets of uniform rules of procedure which shall be reviewed by the committee and filed with the Department of State. Agencies must comply with the uniform rules by July 1, 1998. The uniform rules shall establish procedures that comply with the requirements of this chapter. On filing with the department, the uniform rules shall be the rules of procedure for each agency subject to this chapter unless the Administration Commission grants an exception to the agency under this subsection.

2. An agency may seek exceptions to the uniform rules of procedure by filing a petition with the Administration Commission. The Administration Commission shall approve exceptions to the extent necessary to implement other statutes, to the extent necessary to conform to any requirement imposed as a condition precedent to receipt of federal funds or to permit persons in this state to receive tax benefits under federal law, or as required for the most efficient operation of the agency as determined by the Administration Commission. The reasons for the exceptions shall be published in the Florida Administrative Register.

3. Agency rules that provide exceptions to the uniform rules shall not be filed with the department unless the Administration Commission has approved the exceptions. Each agency that adopts rules that provide exceptions to the uniform rules shall publish a separate chapter in the Florida Administrative Code that delineates clearly the provisions of the agency’s rules that provide exceptions to the uniform rules and specifies each alternative chosen from among those authorized by the uniform rules. Each chapter shall be organized in the same manner as the uniform rules.

(b) The uniform rules of procedure adopted by the commission pursuant to this subsection shall include, but are not limited to:

1. Uniform rules for the scheduling of public meetings, hearings, and workshops.

2. Uniform rules for use by each state agency that provide procedures for conducting public meetings, hearings, and workshops, and for taking evidence, testimony, and argument at such public meetings, hearings, and workshops, in person and by means of communications media technology. The rules shall provide that all evidence, testimony, and argument presented shall be afforded equal consideration, regardless of the method of communication. If a public meeting, hearing, or workshop is to be conducted by means of communications media technology, or if attendance may be provided by such means, the notice shall so state. The notice for public meetings, hearings, and workshops utilizing communications media technology shall state how persons interested in attending may do so and shall name locations, if any, where communications media technology facilities will be available. Nothing in this paragraph shall be construed to diminish the right to inspect public records under chapter 119. Limiting points of access to public meetings, hearings, and workshops subject to the provisions of s. 286.011 to places not normally open to the public shall be presumed to violate the right of access of the public, and any official action taken under such circumstances is void and of no effect. Other laws relating to public meetings, hearings, and workshops, including penal and remedial provisions, shall apply to public meetings, hearings, and workshops conducted by means of communications media technology, and shall be liberally construed in their application to such public meetings, hearings, and workshops. As used in this subparagraph, “communications media technology” means the electronic transmission of printed matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.

3. Uniform rules of procedure for the filing of notice of protests and formal written protests. The Administration Commission may prescribe the form and substantive provisions of a required bond.

4. Uniform rules of procedure for the filing of petitions for administrative hearings pursuant to s. 120.569 or s. 120.57. Such rules shall require the petition to include:

a. The identification of the petitioner, including the petitioner’s e-mail address, if any, for the transmittal of subsequent documents by electronic means.

b. A statement of when and how the petitioner received notice of the agency’s action or proposed action.

c. An explanation of how the petitioner’s substantial interests are or will be affected by the action or proposed action.

d. A statement of all material facts disputed by the petitioner or a statement that there are no disputed facts.

e. A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action.

f. A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes.

g. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the proposed action.

5. Uniform rules for the filing of request for administrative hearing by a respondent in agency enforcement and disciplinary actions. Such rules shall require a request to include:

a. The name, address, e-mail address, and telephone number of the party making the request and the name, address, and telephone number of the party’s counsel or qualified representative upon whom service of pleadings and other papers shall be made;

b. A statement that the respondent is requesting an administrative hearing and disputes the material facts alleged by the petitioner, in which case the respondent shall identify those material facts that are in dispute, or that the respondent is requesting an administrative hearing and does not dispute the material facts alleged by the petitioner; and

c. A reference by file number to the administrative complaint that the party has received from the agency and the date on which the agency pleading was received.

The agency may provide an election-of-rights form for the respondent’s use in requesting a hearing, so long as any form provided by the agency calls for the information in sub-subparagraphs a. through c. and does not impose any additional requirements on a respondent in order to request a hearing, unless such requirements are specifically authorized by law.

6. Uniform rules of procedure for the filing and prompt disposition of petitions for declaratory statements. The rules shall also describe the contents of the notices that must be published in the Florida Administrative Register under s. 120.565, including any applicable time limit for the filing of petitions to intervene or petitions for administrative hearing by persons whose substantial interests may be affected.

7. Provision of a method by which each agency head shall provide a description of the agency’s organization and general course of its operations. The rules shall require that the statement concerning the agency’s organization and operations be published on the agency’s website.

8. Uniform rules establishing procedures for granting or denying petitions for variances and waivers pursuant to s. 120.542.

(6) ADOPTION OF FEDERAL STANDARDS.—Notwithstanding any contrary provision of this section, in the pursuance of state implementation, operation, or enforcement of federal programs, an agency is empowered to adopt rules substantively identical to regulations adopted pursuant to federal law, in accordance with the following procedures:

(a) The agency shall publish notice of intent to adopt a rule pursuant to this subsection in the Florida Administrative Register at least 21 days prior to filing the rule with the Department of State. The agency shall provide a copy of the notice of intent to adopt a rule to the committee at least 21 days prior to the date of filing with the Department of State. Prior to filing the rule with the Department of State, the agency shall consider any written comments received within 14 days after the date of publication of the notice of intent to adopt a rule. The rule shall be adopted upon filing with the Department of State. Substantive changes from the rules as noticed shall require republishing of notice as required in this subsection.

(b) Any rule adopted pursuant to this subsection shall become effective upon the date designated by the agency in the notice of intent to adopt a rule; however, no such rule shall become effective earlier than the effective date of the substantively identical federal regulation.

(c) Any substantially affected person may, within 14 days after the date of publication of the notice of intent to adopt a rule, file an objection to rulemaking with the agency. The objection shall specify the portions of the proposed rule to which the person objects and the specific reasons for the objection. The agency shall not proceed pursuant to this subsection to adopt those portions of the proposed rule specified in an objection, unless the agency deems the objection to be frivolous, but may proceed pursuant to subsection (3). An objection to a proposed rule, which rule in no material respect differs from the requirements of the federal regulation upon which it is based, is deemed to be frivolous.

(d) Whenever any federal regulation adopted as an agency rule pursuant to this subsection is declared invalid or is withdrawn, revoked, repealed, remanded, or suspended, the agency shall, within 60 days thereafter, publish a notice of repeal of the substantively identical agency rule in the Florida Administrative Register. Such repeal is effective upon publication of the notice. Whenever any federal regulation adopted as an agency rule pursuant to this subsection is substantially amended, the agency may adopt the amended regulation as a rule. If the amended regulation is not adopted as a rule within 180 days after the effective date of the amended regulation, the original rule is deemed repealed and the agency shall publish a notice of repeal of the original agency rule in the next available Florida Administrative Register.

(e) Whenever all or part of any rule proposed for adoption by the agency is substantively identical to a regulation adopted pursuant to federal law, such rule shall be written in a manner so that the rule specifically references the regulation whenever possible.

(7) PETITION TO INITIATE RULEMAKING.—

(a) Any person regulated by an agency or having substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule or to provide the minimum public information required by this chapter. The petition shall specify the proposed rule and action requested. Not later than 30 calendar days following the date of filing a petition, the agency shall initiate rulemaking proceedings under this chapter, otherwise comply with the requested action, or deny the petition with a written statement of its reasons for the denial.

(b) If the petition filed under this subsection is directed to an unadopted rule, the agency shall, not later than 30 days following the date of filing a petition, initiate rulemaking, or provide notice in the Florida Administrative Register that the agency will hold a public hearing on the petition within 30 days after publication of the notice. The purpose of the public hearing is to consider the comments of the public directed to the agency rule which has not been adopted by the rulemaking procedures or requirements of this chapter, its scope and application, and to consider whether the public interest is served adequately by the application of the rule on a case-by-case basis, as contrasted with its adoption by the rulemaking procedures or requirements set forth in this chapter.

(c) If the agency does not initiate rulemaking or otherwise comply with the requested action within 30 days after the public hearing provided for in paragraph (b), the agency shall publish in the Florida Administrative Register a statement of its reasons for not initiating rulemaking or otherwise complying with the requested action and of any changes it will make in the scope or application of the unadopted rule. The agency shall file the statement with the committee. The committee shall forward a copy of the statement to the substantive committee with primary oversight jurisdiction of the agency in each house of the Legislature. The committee or the committee with primary oversight jurisdiction may hold a hearing directed to the statement of the agency. The committee holding the hearing may recommend to the Legislature the introduction of legislation making the rule a statutory standard or limiting or otherwise modifying the authority of the agency.

(d) If the agency initiates rulemaking after the public hearing provided for in paragraph (b), the agency shall publish a notice of rule development within 30 days after the hearing and file a notice of proposed rule within 180 days after the notice of rule development unless, before the 180th day, the agency publishes in the Florida Administrative Register a statement explaining its reasons for not having filed the notice. If rulemaking is initiated under this paragraph, the agency may not rely on the unadopted rule unless the agency publishes in the Florida Administrative Register a statement explaining why rulemaking under paragraph (1)(a) is not feasible or practicable until the conclusion of the rulemaking proceeding.

(8) RULEMAKING RECORD.—In all rulemaking proceedings the agency shall compile a rulemaking record. The record shall include, if applicable, copies of:

(a) All notices given for the proposed rule.

(b) Any statement of estimated regulatory costs for the rule.

(d) The written comments and responses to written comments as required by this section and s. 120.541.

(e) All notices and findings made under subsection (4).

(f) All materials filed by the agency with the committee under subsection (3).

(g) All materials filed with the Department of State under subsection (3).

(h) All written inquiries from standing committees of the Legislature concerning the rule.

Each state agency shall retain the record of rulemaking as long as the rule is in effect. When a rule is no longer in effect, the record may be destroyed pursuant to the records-retention schedule developed under s. 257.36(6).

History.—s. 1, ch. 74-310; s. 3, ch. 75-191; s. 3, ch. 76-131; ss. 1, 2, ch. 76-276; s. 1, ch. 77-174; s. 13, ch. 77-290; s. 3, ch. 77-453; s. 2, ch. 78-28; s. 2, ch. 78-425; s. 7, ch. 79-3; s. 3, ch. 79-299; s. 69, ch. 79-400; s. 5, ch. 80-391; s. 1, ch. 81-309; s. 2, ch. 83-351; s. 1, ch. 84-173; s. 2, ch. 84-203; s. 7, ch. 85-104; s. 1, ch. 86-30; s. 3, ch. 87-385; s. 36, ch. 90-302; ss. 2, 4, 7, ch. 92-166; s. 63, ch. 93-187; s. 758, ch. 95-147; s. 6, ch. 95-295; s. 10, ch. 96-159; s. 6, ch. 96-320; s. 9, ch. 96-370; s. 3, ch. 97-176; s. 3, ch. 98-200; s. 4, ch. 99-379; s. 9, ch. 2001-75; s. 2, ch. 2003-94; s. 50, ch. 2005-278; s. 3, ch. 2006-82; ss. 5, 6, ch. 2008-104; s. 7, ch. 2008-149; s. 4, ch. 2009-187; ss. 1, 5, ch. 2010-279; HJR 9-A, 2010 Special Session A; s. 49, ch. 2011-142; s. 8, ch. 2011-208; s. 1, ch. 2011-225; s. 2, ch. 2012-27; s. 1, ch. 2012-63; s. 4, ch. 2013-14; s. 13, ch. 2013-15; s. 1, ch. 2015-162; s. 1, ch. 2016-116.

F.S. 120.54 on Google Scholar

F.S. 120.54 on CourtListener

Amendments to 120.54

Annotations, Discussions, Cases:

Cases Citing Statute 120.54

Total Results: 365

McDonald v. Dept. of Banking and Finance

346 So. 2d 569

District Court of Appeal of Florida | Filed: May 10, 1977 | Docket: 1410203

Cited 190 times | Published

Except when an agency acts by formal rulemaking (Section 120.54) or by declaratory statement concerning the

John Doe v. James T. Moore

410 F.3d 1337, 2005 U.S. App. LEXIS 10354, 2005 WL 1324592

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2005 | Docket: 187975

Cited 168 times | Published

First, Appellants ask us to enforce Fla. Stat. § 120.54(l)(b), which requires administrative regulations

Askew v. Cross Key Waterways

372 So. 2d 913, 9 Envtl. L. Rep. (Envtl. Law Inst.) 20

Supreme Court of Florida | Filed: Nov 22, 1978 | Docket: 1695808

Cited 90 times | Published

approving them becomes effective which, under Section 120.54(11), Florida Statutes (1975), is 20 days after

State Ex Rel. Dept. of General Serv. v. Willis

344 So. 2d 580

District Court of Appeal of Florida | Filed: Mar 29, 1977 | Docket: 1517778

Cited 86 times | Published

Fla. Admin. Code Rule 28-5.15 (model rule); Section 120.54(10), Florida Statutes (Supp. 1976). An understanding

Florida Dept. of Transp. v. JWC Co., Inc.

396 So. 2d 778, 1981 Fla. App. LEXIS 20257

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 1448416

Cited 45 times | Published

court held, in a rule challenge proceeding (Section 120.54, Florida Statutes), that the "burden is upon

Carson v. Miller

370 So. 2d 10

Supreme Court of Florida | Filed: Apr 12, 1979 | Docket: 1722450

Cited 42 times | Published

by rules adopted in the manner specified in section 120.54, Florida Statutes (1978 Supp.). The Department

FLORIDA DEPT., OF OFFENDER REHAB. v. Jerry

353 So. 2d 1230

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 424162

Cited 37 times | Published

language in other situations. For example, Section 120.54(3) permits all *1233 "affected persons" an

Montgomery v. DEPT. OF HEALTH & REHAB. SERV.

468 So. 2d 1014

District Court of Appeal of Florida | Filed: Apr 15, 1985 | Docket: 1725455

Cited 35 times | Published

that may be made between rule-making under Section 120.54, and a rule challenge under Section 120.56

STATE DEPT. OF HEALTH AND REHABILITATIVE SERV. v. Framat Realty, Inc.

407 So. 2d 238, 1981 Fla. App. LEXIS 21641

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 467377

Cited 35 times | Published

the Department issued notice of a regular section 120.54(3) public hearing on two proposed rules limiting

Florida Cities Water v. FLORIDA PUBLIC SERV.

384 So. 2d 1280, 38 P.U.R.4th 123, 1980 Fla. LEXIS 4263

Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 1678509

Cited 34 times | Published

appropriate procedures for rulemaking as set out in section 120.54. Quite clearly the Commission did not announce

Morales v. ATTORNEYS'TITLE INS. FUND, INC.

983 F. Supp. 1418

District Court, S.D. Florida | Filed: Jul 3, 1997 | Docket: 1818282

Cited 26 times | Published

by the Administrative Procedure Act, Fla. Stat. § 120.54. This provision includes elaborate requirements

STATE, DEPT. OF ADMINSTRATION v. Stevens

344 So. 2d 290

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 1517795

Cited 26 times | Published

accordance with § 120.041, Fla. Stat. (1973), or § 120.54, Fla. Stat. (1975). Also, DOA admitted that its

Commercial Consultants Corp. v. DEPT. OF BUS. REGULATION

363 So. 2d 1162

District Court of Appeal of Florida | Filed: Nov 6, 1978 | Docket: 461193

Cited 24 times | Published

requires an immediate final order... ." Similarly, Section 120.54(8)(a)3, governing emergency rulemaking, requires

Fla. Medical Ass'n v. Dept. of Prof. Regulation

426 So. 2d 1112

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 1683627

Cited 22 times | Published

challenged the validity of the proposed rule, under Section 120.54(4)(a),[6] alleging that the proposed rule was

State v. Bodden

877 So. 2d 680, 2004 WL 792826

Supreme Court of Florida | Filed: Apr 15, 2004 | Docket: 1285292

Cited 21 times | Published

rule promulgation in accordance with the APA. See § 120.54(3), Fla. Stat. (2003);[7]see also State v. Bender

Flo-Sun, Inc. v. Kirk

783 So. 2d 1029, 2001 WL 298917

Supreme Court of Florida | Filed: Mar 29, 2001 | Docket: 1259675

Cited 21 times | Published

that agency to adopt, amend or repeal a rule. See § 120.54(7), Fla. Stat. (1995). Finally, under the APA

Griffith v. FLORIDA PAROLE & PROBATION COM'N

485 So. 2d 818, 11 Fla. L. Weekly 124, 1986 Fla. LEXIS 1797

Supreme Court of Florida | Filed: Mar 27, 1986 | Docket: 1276235

Cited 21 times | Published

not parties for the purposes of obtaining a section 120.54(16) rule-making administrative hearing or a

Fla. Dept. of Bus. Reg. v. Invest. Corp.

747 So. 2d 374, 1999 WL 1018661

Supreme Court of Florida | Filed: Nov 4, 1999 | Docket: 1475688

Cited 20 times | Published

provisions in the Administrative Procedure Act. Section 120.54(1)(a), Florida Statutes (Supp.1996), states

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

costs); all notices and findings made pursuant to section 120.54(4), Florida Statues, (adoption of emergency

Florida Canners Ass'n v. State, Dept. of Citrus

371 So. 2d 503, 1979 Fla. App. LEXIS 14633

District Court of Appeal of Florida | Filed: May 16, 1979 | Docket: 1785667

Cited 19 times | Published

prepare the economic impact statement required by Section 120.54(2). The other alleged violation urged by Petitioners

Cross Key Waterways v. Askew

351 So. 2d 1062, 8 Envtl. L. Rep. (Envtl. Law Inst.) 20

District Court of Appeal of Florida | Filed: Aug 10, 1977 | Docket: 1671578

Cited 19 times | Published

state concern. The rulemaking procedures of Section 120.54 adequately protected any "substantial interests"

Gadsden State Bank v. Lewis

348 So. 2d 343

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1760638

Cited 19 times | Published

their own substantive rules until, pursuant to § 120.54, Fla. Stat. (Supp. 1976), they are amended or

State, Dept. of Ins. v. Ins. Services Office

434 So. 2d 908

District Court of Appeal of Florida | Filed: May 3, 1983 | Docket: 2534128

Cited 18 times | Published

9541(15)(h), *912 and is therefore invalid under Section 120.54(2)(c). Nevertheless, the Department urges that

Department of Rev. v. Amrep Corp.

358 So. 2d 1343

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 248530

Cited 18 times | Published

shall be suspended. This provision shall control § 120.54(4), Florida Statutes. (c) All existing rules shall

Fla. League of Cities, Inc. v. Admin. Com'n

586 So. 2d 397

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1487719

Cited 17 times | Published

rules which were required to be adopted by section 120.54, or that the statute was unconstitutional.

Polk v. School Bd. of Polk County

373 So. 2d 960

District Court of Appeal of Florida | Filed: Aug 10, 1979 | Docket: 1772818

Cited 17 times | Published

statement before adopting the attendance plan. Section 120.54(2), Florida Statutes (Supp. 1978), requires

4245 Corp., Mother's Lounge v. Div. of Beverage

348 So. 2d 934

District Court of Appeal of Florida | Filed: Aug 10, 1977 | Docket: 1761211

Cited 17 times | Published

course of the Division's rulemaking proceedings. Section 120.54(4), Florida Statutes (Supp. 1976).[1] The hearing

Witmer v. DEPT. OF BUSINESS & PRO. REG.

631 So. 2d 338, 1994 WL 26991

District Court of Appeal of Florida | Filed: Feb 2, 1994 | Docket: 1465471

Cited 16 times | Published

review emergency administrative orders under section 120.54(9)(a)3, Florida Statutes (1993). Little v.

ADAMS PACKING ASS'N, INC. v. Florida Dept. of Citrus

352 So. 2d 569

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1757609

Cited 16 times | Published

Askew, 336 So.2d 383 (Fla. 1st DCA 1970); Section 120.54(1)-(12), Florida Statutes (1975). The district

Witgenstein v. SCHOOL BD. OF LEON CTY.

347 So. 2d 1069

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1290818

Cited 16 times | Published

less than 48 hours prior to such meeting." Section 120.54(1)(a), relating to the adoption procedures

Fla. Soc. of Ophthalmology v. State, Bd. of Optometry

532 So. 2d 1279, 1988 WL 19631

District Court of Appeal of Florida | Filed: Oct 6, 1988 | Docket: 450668

Cited 15 times | Published

these same petitioners filed a petition in a section 120.54 rulemaking proceeding to challenge the validity

Barker v. Board of Medical Examiners, Dept. of Prof. Reg.

428 So. 2d 720

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1720148

Cited 15 times | Published

avoids the rulemaking procedure provided by section 120.54, chief among those being that the agency may

STATE, DEPT. OF COM., ETC. v. Matthews Corp.

358 So. 2d 256, 23 Wage & Hour Cas. (BNA) 998

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 1311568

Cited 15 times | Published

since they were not adopted in accord with Section 120.54, Florida Statutes (Supp. 1976). Matthews, a

Fla. Optometric Ass'n v. DEPT. OF PRO. REG., BD. OF OPTICIANRY

567 So. 2d 928, 1990 WL 129106

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1721346

Cited 14 times | Published

Except when an agency acts by formal rulemaking (Section 120.54) or by declaratory statement concerning the

General Tel. Co. of Fla. v. FLA. PUB. SERV. COM'N

446 So. 2d 1063, 1984 WL 914501

Supreme Court of Florida | Filed: Feb 2, 1984 | Docket: 1780353

Cited 14 times | Published

issued an order proposing rulemaking pursuant to section 120.54(1), Florida Statutes (1981), and notice of

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.

382 So. 2d 1280

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 2538809

Cited 14 times | Published

NOTES [1] Administrative Procedures Act, Section 120.54(4), Florida Statutes. [2] Rule 10D-73 provides

ST. JOHNS RIVER v. Consolidated-Tomoka

717 So. 2d 72, 1998 WL 422566

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1681489

Cited 13 times | Published

Legislature. This precept is incorporated in section 120.54(1)(e), Florida Statutes (Supp.1996), which

Department of Revenue v. Vanjaria Enterprises

675 So. 2d 252, 1996 Fla. App. LEXIS 6494, 1996 WL 339095

District Court of Appeal of Florida | Filed: Jun 21, 1996 | Docket: 1694514

Cited 13 times | Published

had not been promulgated in accordance with section 120.54, Florida Statutes (1987). We affirm. On November

Capeletti Bros., Inc. v. DOT

499 So. 2d 855

District Court of Appeal of Florida | Filed: Dec 1, 1986 | Docket: 263999

Cited 13 times | Published

alleviate these past discriminatory practices. Section 120.54(7), Florida Statutes (1985), requires that

Dept. of Prof. Reg. v. SOC. PROF. LAND SUR.

475 So. 2d 939

District Court of Appeal of Florida | Filed: Sep 4, 1985 | Docket: 1710008

Cited 13 times | Published

services. Appellees filed a petition pursuant to section 120.54(4), Florida Statutes (1983), challenging the

Dept. of Prof. Reg. v. SOC. PROF. LAND SUR.

475 So. 2d 939

District Court of Appeal of Florida | Filed: Sep 4, 1985 | Docket: 1710008

Cited 13 times | Published

services. Appellees filed a petition pursuant to section 120.54(4), Florida Statutes (1983), challenging the

Grove Isle, Ltd. v. STATE DEPT. OF ENVIR. REG.

454 So. 2d 571

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 158901

Cited 13 times | Published

must derive that power from a statutory base. Section 120.54(14), Fla. Stat. (1981). Grove Isle contends

Roberson v. FLA. PAROLE & PROBATION COM'N

444 So. 2d 917

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1510657

Cited 13 times | Published

prisoners from being parties to proceedings under section 120.54(16) or 120.57,[5] the legislature intended

STATE, DEPT. OF HEALTH, ETC. v. Alice P.

367 So. 2d 1045

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 1697773

Cited 13 times | Published

A petition was thereupon filed pursuant to F.S. 120.54(4) on behalf of Alice P. and Susan A., individually

Balino v. DEPT. OF HEALTH & REHABILITATIVE, ETC.

362 So. 2d 21

District Court of Appeal of Florida | Filed: Sep 18, 1978 | Docket: 1363079

Cited 13 times | Published

rule-making proceeding pursuant to Florida Statute § 120.54(3). Petitioners are patients residing in Florida

Citizens of Florida v. Mayo

357 So. 2d 731, 1978 WL 391844

Supreme Court of Florida | Filed: Apr 6, 1978 | Docket: 1511232

Cited 13 times | Published

making proceedings pursuant to the provisions of Section 120.54, Florida Statutes (1975) for the purpose of

State, Dept. of Admin., Etc., Person. v. Harvey

356 So. 2d 323

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 1478774

Cited 13 times | Published

been adopted in rulemaking proceedings under Section 120.54. Harvey later filed a similar petition to invalidate

STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.

794 So. 2d 696, 2001 Fla. App. LEXIS 12894, 2001 WL 1098261

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 1737883

Cited 12 times | Published

transporting passengers to or from gambling vessels. See § 120.54(3)(a)1., Fla. Stat. (1999). 1. Subparagraph (7)(a)

Humana of Florida, Inc. v. DEPT. OF HEALTH

500 So. 2d 186

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 1689491

Cited 12 times | Published

Debra Inc. petitioned for rulemaking under section 120.54(5), Florida Statutes, but then withdrew its

Sterman v. FLA. ST. UNIVERSITY, ETC.

414 So. 2d 1102, 4 Educ. L. Rep. 1351

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 1707132

Cited 12 times | Published

procedures were governed by § 120.57, Florida Statutes, § 120.54(10), Florida Statutes, and Fla. Admin. Code Rule

Walker v. State, Dept. of Transp.

366 So. 2d 96, 1979 Fla. App. LEXIS 14026

District Court of Appeal of Florida | Filed: Jan 4, 1979 | Docket: 1655442

Cited 12 times | Published

constructive notice afforded by rulemaking, Section 120.54; and the hearing opportunity thus offered was

Fla. Admin. Com'n v. Dist. Court of Appeal

351 So. 2d 712

Supreme Court of Florida | Filed: Oct 14, 1977 | Docket: 1246721

Cited 12 times | Published

5(c)(1), the District Court of Appeal held that Section 120.54(10), (11), (12), Florida Statutes (1975), prevented

Postal Colony Co., Inc. v. Askew

348 So. 2d 338, 1977 Fla. App. LEXIS 16299

District Court of Appeal of Florida | Filed: May 9, 1977 | Docket: 1760880

Cited 12 times | Published

FER-75-1 through 30 was likewise ineffective. Section 120.54(8), Florida Statutes (1975). The Green Swamp

DEPT. OF NAT. RESOURCES v. Wingfield Dev. Co.

581 So. 2d 193, 1991 Fla. App. LEXIS 4783, 1991 WL 87671

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1283660

Cited 11 times | Published

must be adopted according to the procedures of § 120.54, Fla. Stat., or such rules constitute an invalid

Florida League of Cities, Inc. v. Department of Insurance and Treasurer

540 So. 2d 850, 1989 WL 15937

District Court of Appeal of Florida | Filed: Feb 28, 1989 | Docket: 1688946

Cited 11 times | Published

the City of St. Petersburg (City) pursuant to section 120.54, Florida Statutes (1985), to challenge the

Amos v. Dept. of Health and Rehab. Services

444 So. 2d 43

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 452018

Cited 11 times | Published

pursuant to the Administrative Procedure Act, Section 120.54, Florida Statutes. Whether an agency's statement

Tauber v. STATE BD. OF OSTEOPATHIC MED., EX'RS

362 So. 2d 90

District Court of Appeal of Florida | Filed: Aug 16, 1978 | Docket: 1715927

Cited 11 times | Published

immediate danger and necessity as required by Section 120.54(9)(a), Florida Statutes (1977). We will consider

Florida Home Builders Ass'n v. Division of Labor

355 So. 2d 1245

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 1360305

Cited 11 times | Published

Florida Department of Commerce, pursuant to Section 120.54(9), Florida Statutes (Supp. 1976). The emergency

Hill v. School Bd. of Leon County

351 So. 2d 732

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1671892

Cited 11 times | Published

illicit rulemaking, without complying with Section 120.54, by discontinuing its prior practice of affording

Riley-Field Co. v. Askew

336 So. 2d 383

District Court of Appeal of Florida | Filed: Jul 19, 1976 | Docket: 1379361

Cited 11 times | Published

otherwise by operation of § 120.54, F.S. 1975. The complexities of § 120.54(10), (11) and (12) which fix

Lewis v. JUDGES OF DISTRICT COURT OF APP., FIRST DIST.

322 So. 2d 16

Supreme Court of Florida | Filed: Jul 17, 1975 | Docket: 1734676

Cited 11 times | Published

promulgated by the Department of Banking under Section 120.54(8), Fla. Stat. (1974). [2] The emergency rule

Florida Dept. of Agriculture & Consumer Services v. CITY OF POMPANA BEACH

792 So. 2d 539, 2001 WL 770096

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1735340

Cited 10 times | Published

(1) the 1900 foot buffer zone policy violates section 120.54, Florida Statutes (2000), because it is a rule

Florida League of Cities v. DER

603 So. 2d 1363

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 1475937

Cited 10 times | Published

cases appeal from an order dismissing their section 120.54(4)[1] petitions challenging the proposed adoption

Adam Smith Enterprises, Inc. v. STATE, DEPT. OF ENV. REG.

553 So. 2d 1260

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 2511793

Cited 10 times | Published

were filed against DER and ERC, pursuant to Section 120.54(4), Florida Statutes, challenging the validity

Florida Waterworks v. FLORIDA PUB. SER. COM'N

473 So. 2d 237, 1985 WL 1083676

District Court of Appeal of Florida | Filed: Jul 15, 1985 | Docket: 451580

Cited 10 times | Published

validity of a proposed rule in a proceeding under section 120.54(4), Florida Statutes (1981). The following

Denney v. Conner

462 So. 2d 534, 10 Fla. L. Weekly 154

District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 1509968

Cited 10 times | Published

60(7) or emergency rules promulgated under section 120.54(9). When an agency enters an immediate final

All Risk Corp. of Florida v. State

413 So. 2d 1200

District Court of Appeal of Florida | Filed: Mar 25, 1982 | Docket: 1344091

Cited 10 times | Published

and requesting a drawout hearing pursuant to Section 120.54(16), Florida Statutes (1979). Subsequently

Manatee Cty. v. Fla. Public Emp. Relations

387 So. 2d 446, 109 L.R.R.M. (BNA) 3166

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 289159

Cited 10 times | Published

well be a matter requiring adoption of a rule, Section 120.54, Florida Statutes, or at the very least, included

Crudele v. Nelson

698 So. 2d 879, 1997 WL 528286

District Court of Appeal of Florida | Filed: Aug 19, 1997 | Docket: 434004

Cited 9 times | Published

procedure used is fair under the circumstances." § 120.54(4)(a)3, Fla. Stat. (Supp.1996). "Every element

St. Joe Paper Co. v. FLA. DEPT OF NATURAL RES.

536 So. 2d 1119, 1988 WL 138497

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1759707

Cited 9 times | Published

proposed CCCL must satisfy all the requirements of section 120.54(3), Florida Statutes, the legislature has provided

Island Harbor Beach v. Dept. of Natural Res.

476 So. 2d 1350

District Court of Appeal of Florida | Filed: Oct 10, 1985 | Docket: 1681555

Cited 9 times | Published

proceeding which affects substantial interests." Section 120.54(4)(a) authorizes "any substantially affected

North Miami Gen. Hosp., Inc. v. Office of Community Medical Facilities

355 So. 2d 1272

District Court of Appeal of Florida | Filed: Mar 17, 1978 | Docket: 106201

Cited 9 times | Published

per year was not formally promulgated under Section 120.54, Florida Statutes (1976 Supplement). The Hospital

Baillie v. Dept. of Natural Resources

632 So. 2d 1114, 1994 WL 64957

District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 462624

Cited 8 times | Published

a record[7] that had been made in a six-day section 120.54(4) rule challenge hearing, "17 volumes of pleadings

Cataract Surgery Center v. Health Care Cost Containment Bd.

581 So. 2d 1359, 1991 WL 97041

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 1283735

Cited 8 times | Published

Notice of Proposed Rulemaking as required by section 120.54, Florida Statutes. The notice stated that the

Friends of Hatchineha, Inc. v. State, Der

580 So. 2d 267, 1991 WL 75657

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365416

Cited 8 times | Published

Except when an agency acts by formal rulemaking (Section 120.54) or by declaratory statement concerning the

Dept. of Transp. v. Blackhawk Quarry Co. of Fla., Inc.

528 So. 2d 447, 13 Fla. L. Weekly 1484, 1988 Fla. App. LEXIS 2572, 1988 WL 62659

District Court of Appeal of Florida | Filed: Jun 23, 1988 | Docket: 1717568

Cited 8 times | Published

Administrative Procedure Act (APA), specifically section 120.54, Florida Statutes (1987). Blackhawk Quarry

State v. FRONTIER ACRES COMMUNITY DEVELOP. DIST. PASCO COUNTY

472 So. 2d 455, 10 Fla. L. Weekly 330

Supreme Court of Florida | Filed: Jun 20, 1985 | Docket: 1369643

Cited 8 times | Published

an economic impact statement, set forth in section 120.54(2)(a), Florida Statutes (1983), were in fact

Dept. of Health and Rehab. Services v. Johnson & Johnson Home Health Care, Inc.

447 So. 2d 361

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 1312169

Cited 8 times | Published

with the notice and filing requirements of section 120.54, Florida Statutes. We affirm on the bases of

DEPT. OF HLTH. & REHAB. SERVICES v. Wright

439 So. 2d 937

District Court of Appeal of Florida | Filed: Oct 11, 1983 | Docket: 1677702

Cited 8 times | Published

to an inadequate economic impact statement, section 120.54(2)(c), Florida Statutes (Supp. 1980),[1] and

City of Tallahassee v. FLA. PUB. SERV. COM'N

433 So. 2d 505, 1983 WL 813520

Supreme Court of Florida | Filed: May 12, 1983 | Docket: 1425859

Cited 8 times | Published

petition to initiate rulemaking pursuant to section 120.54(5), Florida Statutes (1981), and upon receiving

Dept. of Environmental Reg. v. Leon County

344 So. 2d 297, 1977 Fla. App. LEXIS 15613

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 1517775

Cited 8 times | Published

Fla. Stat. (Supp. 1976)] the legislature has, by § 120.54, established rule-making procedure by which a

NEW WORLD COMMUNICATION OF TAMPA, INC. v. Akre

866 So. 2d 1231, 2003 WL 327505

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1680147

Cited 7 times | Published

policy has never been "adopted" as defined by section 120.54, Florida Statutes (1997). In that regard, Akre

Cole Vision v. Dept. of Bus. and Prof.

688 So. 2d 404, 1997 WL 60865

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 1786958

Cited 7 times | Published

first the hearing officer's ruling on standing. Section 120.54(4)(a), Florida Statutes, grants standing to

Matthews v. Weinberg

645 So. 2d 487, 1994 WL 531291

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1167878

Cited 7 times | Published

following the rulemaking procedures prescribed in section 120.54, Florida Statutes (1991), HRS exceeded its

Jones v. Florida Dept. of Corrections

615 So. 2d 798, 1993 Fla. App. LEXIS 2979, 1993 WL 72042

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1184444

Cited 7 times | Published

Accordingly, unless a prisoner is proceeding under section 120.54(3) or (5), a prisoner may not seek direct judicial

Johnson v. FLORIDA PAROLE & PROBATION COM'N

543 So. 2d 875, 14 Fla. L. Weekly 1322, 1989 Fla. App. LEXIS 3039, 1989 WL 55966

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1729785

Cited 7 times | Published

obtaining rule making administrative hearings section 120.54(16) or "substantial interest" administrative

Florida Ass'n of Nurse Anesthetists v. DEPT. OF PROF. REG.

500 So. 2d 324

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689459

Cited 7 times | Published

challenge the proposed amendment and rule under section 120.54(4), Florida Statutes. Significantly, as appellee

South Fla. Water Management Dist. v. Caluwe

459 So. 2d 390

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1282501

Cited 7 times | Published

because it was not promulgated in compliance with section 120.54, Florida Statutes (1983). Upon reviewing these

Jenrette v. Wainwright

410 So. 2d 575

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 477969

Cited 7 times | Published

seeking review of the Commission's ruling under Section 120.54(5), Florida Statutes, or Section 120.56, Florida

Comer v. FLA PAROLE & PROBATION COMMISSION

388 So. 2d 1341

District Court of Appeal of Florida | Filed: Oct 10, 1980 | Docket: 134119

Cited 7 times | Published

remedies here. Petitioner is entitled to seek § 120.54(5), F.S., or § 120.56, F.S., proceedings, which

Florida-Texas Freight, Inc. v. Hawkins

379 So. 2d 944

Supreme Court of Florida | Filed: Dec 13, 1979 | Docket: 1681362

Cited 7 times | Published

presented is whether the Commission complied with section 120.54(2)(a), Florida Statutes (Supp. 1976), which

Florida Parole & Probation Comm'n v. Thomas

364 So. 2d 480

District Court of Appeal of Florida | Filed: May 19, 1978 | Docket: 1513876

Cited 7 times | Published

Commission to properly adopt them pursuant to § 120.54, Fla. Stat. Pursuant to Fla. R.App.P. 9.030(b)(1)(C)

Sloban v. Florida Board of Pharmacy

982 So. 2d 26, 2008 Fla. App. LEXIS 4782, 2008 WL 876358

District Court of Appeal of Florida | Filed: Apr 3, 2008 | Docket: 1664790

Cited 6 times | Published

allowing his reapplication for licensure, under section 120.54, Florida Statutes (2006). Appellant acknowledged

Lanoue v. Florida Dept. of Law Enforcement

751 So. 2d 94, 1999 Fla. App. LEXIS 17308, 1999 WL 1259989

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1310237

Cited 6 times | Published

been adopted or proposed as rules, contrary to section 120.54(1)(a). Formal hearings took place before the

Appel v. FLA., DIV. OF LICENSING

734 So. 2d 1180, 1999 WL 420293

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 1731105

Cited 6 times | Published

model rule applies to the Department under section 120.54(10), Florida Statutes, and we hold that Beacon's

Department of Highway Safety v. Schluter

705 So. 2d 81, 1997 WL 795701

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1582226

Cited 6 times | Published

rule that was never adopted in compliance with section 120.54, Florida Statutes (Supp.1996). The Department

WHITE CONST. v. State

651 So. 2d 1302, 1995 WL 111457

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1518156

Cited 6 times | Published

danger to the public, health safety or welfare. § 120.54(9)(a); Allied Educ. It states in pertinent part:

Coalition of Mental Hlt. Prof. v. Dpr

546 So. 2d 27

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 1731057

Cited 6 times | Published

These proceedings were initiated pursuant to section 120.54(4), Florida Statutes (1987), by certain appellees

Humana, Inc. v. DEPT. OF HEALTH

469 So. 2d 889

District Court of Appeal of Florida | Filed: May 16, 1985 | Docket: 1272264

Cited 6 times | Published

economic impact statement fails to comply with Section 120.54(2)(a), Florida Statutes (1983), and is inadequate

BD. OF OPTOMETRY ETC. v. Florida Med. Ass'n

463 So. 2d 1213

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 1509747

Cited 6 times | Published

prescription of legend drugs by optometrists. Section 120.54(4)(a), Florida Statutes (1983). The hearing

BOOKER CREEK PRESERV., INC. v. Pinellas Planning Council

433 So. 2d 1306, 1983 Fla. App. LEXIS 19752

District Court of Appeal of Florida | Filed: Jul 1, 1983 | Docket: 1424766

Cited 6 times | Published

follow the rulemaking dictates contained in section 120.54 of the APA, it does not in itself make the

PLANTATION RESIDENTS'ASS'N, INC. v. School Bd. of Broward Cty.

424 So. 2d 879, 1982 Fla. App. LEXIS 21926

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 1296915

Cited 6 times | Published

fairness of the proceedings. The requirements of Section 120.54(2) (1981) do not oblige the hearing officer

Dept. of Highway Safety and Motor Vehicles v. FLA. POLICE BENEV.

400 So. 2d 1302

District Court of Appeal of Florida | Filed: Jul 9, 1981 | Docket: 1677180

Cited 6 times | Published

were not subjected to formal rulemaking under Section 120.54. 1 Fla. Admin.L.Repts. A-12 (1979). In holding

Orange County, Fla. v. GAME & FRESH WATER FISH

397 So. 2d 411

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 1356683

Cited 6 times | Published

of this rulemaking proceeding as required by section 120.54(1)(a), Florida Statutes (1979). It is claimed

Lerro v. DEPT. OF PROFESSIONAL REG.

388 So. 2d 47

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 1520966

Cited 6 times | Published

its order with the requirements imposed by Section 120.54(9) on agencies making emergency rules. The

Deltona Corp. v. Mayo

342 So. 2d 510, 1977 Fla. LEXIS 3870, 1977 WL 365294

Supreme Court of Florida | Filed: Feb 3, 1977 | Docket: 421496

Cited 6 times | Published

Utilities, Inc., 281 So.2d 493 (Fla. 1973). See Section 120.54(13), Fla. Stat. (1975). Sections 367.081(2)

Calder Race Course, Inc. v. BOARD OF BUSINESS REG.

319 So. 2d 67

District Court of Appeal of Florida | Filed: Aug 19, 1975 | Docket: 1508351

Cited 6 times | Published

hearing and other procedural requirements of § 120.54, F.S. 1973 (1974 *68 Sup.), pertaining to rulemaking

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

costs); all notices and findings made pursuant to section 120.54(4), Florida Statues (adoption of emergency

McIntyre v. Seminole County School Bd.

779 So. 2d 639, 17 I.E.R. Cas. (BNA) 583, 2001 Fla. App. LEXIS 2951, 2001 WL 227363

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 420296

Cited 5 times | Published

797, 798 (Fla. 1st DCA 2000). Furthermore, section 120.54(5)(b)4, Florida Statutes (1999), requires an

Agency for Health Care Admin. v. Wingo

697 So. 2d 1231, 1997 WL 352894

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1777244

Cited 5 times | Published

statement or comply with the provisions of Section 120.54 governing rulemaking" (emphasis in the original)

Mobile Home Owners v. Fl. Housing Ass'n

683 So. 2d 586, 1996 WL 656411

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1514911

Cited 5 times | Published

delegated legislative authority in violation of section 120.54(4), Florida Statutes (1993), and that the Division's

Mobile Home Owners v. Fl. Housing Ass'n

683 So. 2d 586, 1996 WL 656411

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1514911

Cited 5 times | Published

delegated legislative authority in violation of section 120.54(4), Florida Statutes (1993), and that the Division's

Tampa Elec. v. Dept. of Community

654 So. 2d 998, 1995 WL 264116

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 1303382

Cited 5 times | Published

statement or comply with the provisions of Section 120.54 governing rulemaking. In the declaratory statement

Ward v. Board of Trustees

651 So. 2d 1236, 1995 WL 92600

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 1518279

Cited 5 times | Published

for appellees. PER CURIAM. Appellant filed a section 120.54, Florida Statutes (1993), rule challenge petition

Ward v. Board of Trustees

651 So. 2d 1236, 1995 WL 92600

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 1518279

Cited 5 times | Published

for appellees. PER CURIAM. Appellant filed a section 120.54, Florida Statutes (1993), rule challenge petition

Carter v. DEPT. OF PRO. REGULATION

633 So. 2d 3, 1994 WL 11607

Supreme Court of Florida | Filed: Jan 20, 1994 | Docket: 1128609

Cited 5 times | Published

prior to adoption of rule in accordance with section 120.54(2)); School Board of Broward County v. Gramith

Stuart Yacht Club & Marina v. STATE, DNR

625 So. 2d 1263, 1993 WL 390413

District Court of Appeal of Florida | Filed: Oct 6, 1993 | Docket: 1517585

Cited 5 times | Published

Division of Administrative Hearings pursuant to section 120.54(4) challenging the validity of the proposed

Dept. of Prof. Reg., Bd. of Dentistry v. Dental Hygienist Ass'n

612 So. 2d 646, 1993 WL 5057

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 1262351

Cited 5 times | Published

validity of the proposed rules pursuant to section 120.54(4), Administrative Procedure Act, and that

DRAVO BASIC MATERIALS v. State, Dept. of Transp.

602 So. 2d 632, 1992 Fla. App. LEXIS 7611, 1992 WL 157451

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 1321333

Cited 5 times | Published

rule-challenge proceeding brought pursuant to section 120.54(4), Florida Statutes (1989). At the administrative

State, Bd. of Trustees v. Lost Tree Vill.

600 So. 2d 1240, 1992 WL 126599

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 539230

Cited 5 times | Published

applicable rulemaking procedures required by section 120.54, Florida Statutes (1989), a section of the

Little v. Coler

557 So. 2d 157, 1990 WL 14888

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 1512215

Cited 5 times | Published

safety, or welfare requires emergency action. Section 120.54(9), Fla. Stat. (1987). The emergency rule must

Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST.

534 So. 2d 419, 1988 WL 96447

District Court of Appeal of Florida | Filed: Sep 22, 1988 | Docket: 1358911

Cited 5 times | Published

agency's final action consisting of rule-making. See § 120.54 (the Administrative Procedure Act), Fla. Stat

DEPT. OF HWY. SAFETY & M. VEH. v. Corbin

527 So. 2d 868, 1988 WL 62139

District Court of Appeal of Florida | Filed: Jun 17, 1988 | Docket: 529191

Cited 5 times | Published

agree with PERC that under the provisions of section 120.54(10), Florida Statutes (1986 Supp.), it was

Gulf Coast Home Health Serv. v. State, Dhr

513 So. 2d 704

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 1689390

Cited 5 times | Published

authority under the procedures provided in Section 120.54(4), Florida Statutes. A number of other parties

Occidental Chemical Agricultural Products, Inc. v. STATE, DEPT. OF ENVIR.

501 So. 2d 674, 12 Fla. L. Weekly 285, 1987 Fla. App. LEXIS 6350

District Court of Appeal of Florida | Filed: Jan 20, 1987 | Docket: 538390

Cited 5 times | Published

of the proposed rule amendments pursuant to Section 120.54(4), Florida Statutes (1983). The Department

Health Care & Retirement v. Dept. of Health

463 So. 2d 1175

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1509745

Cited 5 times | Published

deny the certificates of need and obtained a section 120.54 hearing on the validity of rule 10-508(1)(b)

Shell Oil Co. v. Dept. of Revenue

461 So. 2d 959, 84 Oil & Gas Rep. 445, 9 Fla. L. Weekly 2315, 1984 Fla. App. LEXIS 12584

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 464479

Cited 5 times | Published

although under the rule-making provisions, Section 120.54(7), Florida Statutes, each rule is required

Gervais v. DIV. OF ALCOHOLIC BEVERAGES AND TOBACCO

438 So. 2d 90

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 1731845

Cited 5 times | Published

imposed by section 120.54(9) on agencies making emergency rules. As is required by section 120.54(9)(a)3

Farmworker Rights Org. v. STATE, DEPT. OF HEALTH AND REHAB. SERVICES

430 So. 2d 1

District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 445787

Cited 5 times | Published

statutory authority under section 381.494 and section 120.54, Florida Statutes, HRS has promulgated, among

DIVISION OF WORKERS'COMP., ETC. v. McKee

413 So. 2d 805

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 2582235

Cited 5 times | Published

Workers' Compensation Act.[1] We conclude that a § 120.54(4)(a), Florida Statutes, administrative rule challenge

Florida State University v. Dann

400 So. 2d 1304

District Court of Appeal of Florida | Filed: Jul 9, 1981 | Docket: 1676965

Cited 5 times | Published

subjected to the rulemaking process required by Section 120.54. On the basis of State Dept. of Administration

Gen. Dev. v. Fla. Pub. Serv. Com'n

385 So. 2d 1050

District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1700507

Cited 5 times | Published

withdrawn by PSC pursuant to the mandates of Section 120.54(4)(c), Florida Statutes.[1] In their response

Krajenta v. DIV., WKRS'COMPENSATION

376 So. 2d 1200

District Court of Appeal of Florida | Filed: Nov 2, 1979 | Docket: 1411051

Cited 5 times | Published

adopted in accordance with the requirements of Section 120.54(9)(a), Fla. Stat. (Supp. 1978). Therefore,

School Bd. of Orange County v. Blackford

369 So. 2d 689

District Court of Appeal of Florida | Filed: Apr 19, 1979 | Docket: 470758

Cited 5 times | Published

pursuant to the rule-making requirements of Section 120.54, Florida Statutes (1977). The School Board

Agrico Chemical Co. v. STATE, ETC.

365 So. 2d 759

District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 1314192

Cited 5 times | Published

what constitutes final agency action when both F.S. 120.54(4) and F.S. 403.804 are involved. Nor do we find

Mitchell v. SCHOOL BD. OF LEON CTY

347 So. 2d 805, 1977 Fla. App. LEXIS 16187

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1290752

Cited 5 times | Published

proceedings were not self-starting under former Section 120.54(3), nor are they now. Sections 120.54(4),.56

Florida Ed. Ass'n v. Public Emp. Relations

346 So. 2d 551, 94 L.R.R.M. (BNA) 2607

District Court of Appeal of Florida | Filed: Jan 26, 1977 | Docket: 1410785

Cited 5 times | Published

Commission was authorized to consider it because Section 120.54(5), Florida Statutes (Supp. 1976), provides

J.S. v. C.M.

135 So. 3d 312, 2012 WL 4800987, 2012 Fla. App. LEXIS 17433

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60239553

Cited 4 times | Published

through the rulemaking procedures required by section 120.54(l)(a), Florida Statutes (2009). Between the

Whiley v. Scott

79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

Supreme Court of Florida | Filed: Aug 16, 2011 | Docket: 60305373

Cited 4 times | Published

statement becomes a rule of general applicability. § 120.54(l)(a), Fla. Stat. (2010). Second, the Legislature

AHCA v. Custom Mobility, Inc.

995 So. 2d 984, 2008 WL 4067312

District Court of Appeal of Florida | Filed: Sep 4, 2008 | Docket: 1684901

Cited 4 times | Published

overpayments to Medicaid providers violated section 120.54(1)(a), Florida Statutes (2007). Because we

AHCA v. Custom Mobility, Inc.

995 So. 2d 984, 2008 WL 4067312

District Court of Appeal of Florida | Filed: Sep 4, 2008 | Docket: 1684901

Cited 4 times | Published

overpayments to Medicaid providers violated section 120.54(1)(a), Florida Statutes (2007). Because we

Volusia County School Bd. v. VOLUSIA HOMES

946 So. 2d 1084, 2006 Fla. App. LEXIS 19309, 2006 WL 3327632

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1771163

Cited 4 times | Published

does, it was not adopted in compliance with section 120.54's rulemaking procedures. We review for competent

State, Dcfs v. Ib

891 So. 2d 1168

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 378565

Cited 4 times | Published

being implemented, interpreted, or made specific." § 120.54(3)(a)(1.), Florida Statutes (2003); see also Osterback

O'Donnell's Corp. v. Ambroise

858 So. 2d 1138, 2003 Fla. App. LEXIS 16945, 2003 WL 22513826

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 460739

Cited 4 times | Published

not the Uniform Rules adopted pursuant to Section 120.54(5). Specifically, the Commission relied upon

Accardi v. DEP

824 So. 2d 992, 2002 WL 1972380

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 1435584

Cited 4 times | Published

the Accardis' petition did not comply with section 120.54(5)(b)4, Florida Statutes, and Rule 28-106.201(2)

NAACP, INC. v. Florida Bd. of Regents

822 So. 2d 1, 2002 WL 265851

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1697114

Cited 4 times | Published

"substantially affected persons" within the meaning of § 120.54(4). The fact that appellant's members will be

Southwest Florida Water Management Dist. v. Charlotte Cty.

774 So. 2d 903, 2001 WL 10391

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1330773

Cited 4 times | Published

adopted by the rule-making procedure mandated by section 120.54. In the present case, the challenges to the

Gaston v. Department of Revenue

742 So. 2d 517, 1999 WL 933755

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1303372

Cited 4 times | Published

pursuant to section 120.54(5)(a)1, Florida Statutes (Supp.1996). Relying on section 120.54(5)(a)1, PERC

Televisual Comm. v. St. Dept. of Labor

667 So. 2d 372, 1995 WL 698885

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1511568

Cited 4 times | Published

financial impact to TVC was speculative. *374 Section 120.54(4), Florida Statutes, provides that any "substantially

DEPT. OF LABOR AND EMP. SEC. v. Bradley

636 So. 2d 802

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1715216

Cited 4 times | Published

to challenge the proposed rules, pursuant to section 120.54(4), Florida Statutes (1991). The petition alleged

Saddlebrook Resorts v. Wiregrass Ranch

630 So. 2d 1123, 1993 WL 247145

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 1520703

Cited 4 times | Published

Commission and filed with the Department of State. § 120.54(10), Fla. Stat. (1989). SWFWMD has adopted such

Golden Rule Ins. Co. v. Dept. of Ins.

586 So. 2d 429, 1991 Fla. App. LEXIS 9068, 1991 WL 180684

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1742522

Cited 4 times | Published

Insurance. We have jurisdiction pursuant to section 120.54(9)(a)3., Florida Statutes (Supp. 1990). The

Florida Inst. Legal Services, Inc. v. Fla. Doc

579 So. 2d 267, 1991 WL 70841

District Court of Appeal of Florida | Filed: May 3, 1991 | Docket: 1432241

Cited 4 times | Published

exercise of delegated legislative authority. Section 120.54(4), Fla. Stat. (1989). NOTES [1] §§ 1390-1391

Board of Trustees, Internal Imp. Trust Fund v. Bd. of Professional Land Surveyors

566 So. 2d 1358, 1990 WL 133202

District Court of Appeal of Florida | Filed: Sep 13, 1990 | Docket: 1529206

Cited 4 times | Published

to a rule challenge hearing held pursuant to section 120.54(4), Florida Statutes, the hearing officer entered

State, Marine Fisheries Com'n v. Org. Fishermen

503 So. 2d 935

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 1733305

Cited 4 times | Published

Stat. the appellees filed a petition pursuant to § 120.54(4), Fla. Stat. challenging the validity of the

McCarthy v. Dept. of Ins. & Treasurer

479 So. 2d 135, 10 Fla. L. Weekly 2344, 1985 Fla. App. LEXIS 16239

District Court of Appeal of Florida | Filed: Oct 11, 1985 | Docket: 463596

Cited 4 times | Published

rulemaking procedures required by the APA, section 120.54, Florida Statutes (1981), he concluded that

Gulf Coast Elec. v. Fla. Public Serv. Com'n

462 So. 2d 1092

Supreme Court of Florida | Filed: Jan 24, 1985 | Docket: 449511

Cited 4 times | Published

except within the strict rulemaking process of Section 120.54... . It would immediately stifle [agency] policymaking

Brewster Phosphates v. STATE, DEPT. OF ENVTL. REG.

444 So. 2d 483

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1510745

Cited 4 times | Published

direct appeal from a rule enactment pursuant to § 120.54, and not an appeal from a rule challenge pursuant

Bert Rogers Sch. of Re v. Fla. Re Com'n

339 So. 2d 226

District Court of Appeal of Florida | Filed: Nov 5, 1976 | Docket: 1334348

Cited 4 times | Published

the Florida Administrative Code. Pursuant to Section 120.54(1), Florida Statutes (1975), the respondent

GRABBA-LEAF, LLC v. Department of Business and Professional etc.

257 So. 3d 1205

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8139852

Cited 3 times | Published

with requirements set forth in chapter 120. See § 120.54, Fla. Stat. If an agency statement meets the definition

Schimenti v. School Board of Hernando County

73 So. 3d 831, 2011 Fla. App. LEXIS 17206, 36 Fla. L. Weekly Fed. D 2369

District Court of Appeal of Florida | Filed: Oct 28, 2011 | Docket: 60303489

Cited 3 times | Published

Division of Administrative Hearings pursuant to section 120.54(5), Florida Statutes, do not designate a formal

Coventry First, LLC v. State, Office of Insurance Regulation

38 So. 3d 200, 2010 WL 2292928

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1182182

Cited 3 times | Published

to the rulemaking requirements set forth in section 120.54(1), Florida Statutes. *202 BACKGROUND Coventry

Florida Democratic Party v. Hood

884 So. 2d 1148, 2004 WL 2402451

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 1683027

Cited 3 times | Published

Rule 1SER04-1 is based are insufficient under section 120.54(4), Florida Statutes (2004), requiring a showing

Osterback v. Agwunobi

873 So. 2d 437, 2004 WL 874932

District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 1732933

Cited 3 times | Published

implemented by the rulemaking. Specifically, section 120.54(7), Florida Statutes (2000), requires that:

Brookwood Extended Care Center of Homestead, LLP v. Agency for Healthcare Admin.

870 So. 2d 834, 2003 WL 21920888

District Court of Appeal of Florida | Filed: Aug 13, 2003 | Docket: 1697928

Cited 3 times | Published

992, 996 (Fla. 4th DCA 2002). They do not. Section 120.54, Florida Statutes (2003), provides in pertinent

Quigley v. Florida Dept. of Corrections

745 So. 2d 1029, 1999 Fla. App. LEXIS 13722, 1999 WL 924400

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1689284

Cited 3 times | Published

with the Department of Corrections (DOC) under section 120.54(7), Florida Statutes (1997). We affirm. Mr

Department of Corrections v. Saulter

742 So. 2d 368, 1999 WL 629877

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 1302980

Cited 3 times | Published

Administration Commission in accordance with section 120.54(5)(a), Florida Statutes (1997), do not authorize

Florida Health Care v. Agency Health Care

734 So. 2d 1052, 1998 Fla. App. LEXIS 14400, 1998 WL 821768

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1442550

Cited 3 times | Published

welfare as set forth in the rule are: Pursuant to Section 120.54(4), F.S., the Agency for Health Care Administration

Department of Corrections v. Hargrove

615 So. 2d 199, 1993 Fla. App. LEXIS 2382, 1993 WL 53137

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 1658949

Cited 3 times | Published

challenge to the proposed rule, pursuant to section 120.54, Florida Statutes. Appellee alleged that the

Allied Educ. Corp. v. STATE, DEPT. OF EDUC.

573 So. 2d 959, 1991 WL 5004

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 1518794

Cited 3 times | Published

incorporates by reference section 120.54(9) relating to emergency rules. Section 120.54(9) requires that: (a)

State, Bd. of Optometry v. FLA. SOC. OF OPHTH.

538 So. 2d 878

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 472355

Cited 3 times | Published

more liberal term "affected persons," used in section 120.54, and concluded that, to have standing under

Anderson v. DEPT. OF H & R. SERVICES

482 So. 2d 491, 11 Fla. L. Weekly 246

District Court of Appeal of Florida | Filed: Jan 21, 1986 | Docket: 1769884

Cited 3 times | Published

54(9) on agencies making emergency rules." Section 120.54(9)(a) requires the agency to follow a procedure

Humhosco, Inc. v. DEPT. OF H. & R. SERVICES

476 So. 2d 258

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 1681463

Cited 3 times | Published

contains more than a single subject. Under section 120.54(8), Florida Statutes (1983), each adopted rule

HILLSBOROUGH CTY. HOSP. v. Tampa Heart Institute

472 So. 2d 748, 10 Fla. L. Weekly 1309

District Court of Appeal of Florida | Filed: May 22, 1985 | Docket: 1213474

Cited 3 times | Published

authority *754 exists in administrative agencies. Section 120.54(14), Florida Statutes (1983) expressly and

Department of Corrections v. Adams

458 So. 2d 354

District Court of Appeal of Florida | Filed: Oct 18, 1984 | Docket: 1452188

Cited 3 times | Published

accordance with the rulemaking procedures of section 120.54, Florida Statutes, direct the secretary of

Fla. Ch. of Sierra Club v. Orlando Util. Com'n

436 So. 2d 383

District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1701248

Cited 3 times | Published

Rehabilitative Services, 362 So.2d 21 (Fla. 1st DCA 1978); § 120.54(3), Fla. Stat. (1981). [2] §§ 403.501-403.517

Martin v. SCHOOL BD. OF GADSDEN CTY.

432 So. 2d 588, 11 Educ. L. Rep. 1132, 1983 Fla. App. LEXIS 19383

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 1677508

Cited 3 times | Published

district practice and the requirements of § 120.53, § 120.54, § 230.17, Florida Statutes, the School Board

Cortese v. School Bd. of Palm Beach Cty.

425 So. 2d 554, 9 Educ. L. Rep. 437, 1982 Fla. App. LEXIS 22263

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 1657906

Cited 3 times | Published

Accordingly, their rights were codified by section 120.54(16), Florida Statutes (1981),[3] and chapters

Nord v. FLORIDA PAROLE & PROB. COM'N

417 So. 2d 1176

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 1383793

Cited 3 times | Published

require prior resort to the Commission via Section 120.54, or 120.56. The order appealed is AFFIRMED

Department of Educ. v. Atwater

417 So. 2d 749, 5 Educ. L. Rep. 1325

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 1383987

Cited 3 times | Published

matter under the rule making procedures of Section 120.54, Florida Statutes. We need not be concerned

Department of Corrections v. Roseman

390 So. 2d 394

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1750328

Cited 3 times | Published

from DOAH hearing officer Tremor's order in Section 120.54(4) proceedings holding that the Department's

WHITE, ETC. v. State, Dept. of Transp.

368 So. 2d 411

District Court of Appeal of Florida | Filed: Mar 6, 1979 | Docket: 1389044

Cited 3 times | Published

invalid due to the agency's failure to comply with § 120.54, our approach quite often was to classify and

State, Department of Children & Family Services v. I.B.

891 So. 2d 1168, 2005 Fla. App. LEXIS 803

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 64835669

Cited 2 times | Published

being implemented, interpreted, or made specific.” § 120.54(3)(a)(l.), Florida Statutes (2003); see also Osterback

Agency for Health Care Admin. v. HHCI LTD.

865 So. 2d 593, 2004 WL 57222

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1231308

Cited 2 times | Published

determined that AHCA's actions had violated section 120.54(1)(a), Florida Statutes (2000), providing generally

Environmental Trust v. State

714 So. 2d 493

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 200928

Cited 2 times | Published

1991). This requirement, carried forward in section 120.54(1), Florida Statutes (Supp.1996), prevents

Reiff v. Northeast Florida State Hosp.

710 So. 2d 1030, 1998 Fla. App. LEXIS 5874, 1998 WL 264482

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1731530

Cited 2 times | Published

procedure "is not a matter of agency discretion." § 120.54(1), Fla. Stat. (Supp.1996).

SECURITY MUT. LIFE INS. v. Dept. of Ins.

707 So. 2d 929

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1676135

Cited 2 times | Published

constitute an unpromulgated rule in violation of section 120.54(1)(a), Florida Statutes (1997), a determination

DEPARTMENT OF HIGHWAY SAFETY v. Perry

702 So. 2d 294, 1997 WL 762107

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 460255

Cited 2 times | Published

model rules (28-5.304) under the provisions of section 120.54(1), Florida Statutes, in finding the statements

Amend. to Fla. Rule of Appellate Proc. 9.020 (A)

681 So. 2d 1132, 1996 WL 548949

Supreme Court of Florida | Filed: Sep 27, 1996 | Docket: 1384789

Cited 2 times | Published

costs); all notices and findings made pursuant to section 120.54(4), Florida Statutes, (adoption of emergency

FLA. E. COAST. INDUSTRIES v. State

677 So. 2d 357

District Court of Appeal of Florida | Filed: Jul 2, 1996 | Docket: 1690066

Cited 2 times | Published

that the petitioners lacked standing under section 120.54(2)(d), Florida Statutes, because they failed

DEPT. OF PRO. REG. BD. v. Sherman College

682 So. 2d 559

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 1680918

Cited 2 times | Published

recognized a physician had standing pursuant to section 120.54(4), F.S. when he demonstrated that the agency's

Lindsey v. Bd. of Regents

629 So. 2d 941, 1993 WL 504490

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 1677326

Cited 2 times | Published

requirements, but it must do so with appropriate notice. § 120.54, Fla. Stat. (1991). It must act on Lindsey's request

Central Florida Regional Hosp., Inc. v. Dhrs

582 So. 2d 1193, 1991 WL 93521

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 1363601

Cited 2 times | Published

invalid because it was not adopted pursuant to section 120.54, Florida Statutes. Lakeland Regional Medical

DHRS v. Florida Medical Center

578 So. 2d 351, 1991 WL 46822

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 1525260

Cited 2 times | Published

Administrative Hearings determined, following a Section 120.54(4), Florida Statutes, validity hearing, that

Eager v. Florida Keys Aqueduct Authority

580 So. 2d 771, 1991 WL 40071

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 1364805

Cited 2 times | Published

water supply for the Florida Keys. Pursuant to section 120.54, Florida Statutes (1989), the Authority has

PUBLIC SERVICE COM'N v. Central Corp.

551 So. 2d 568, 14 Fla. L. Weekly 2478, 1989 Fla. App. LEXIS 5924, 1989 WL 124571

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 527284

Cited 2 times | Published

path. There was no rulemaking as envisioned by Section 120.54, Florida Statutes, nor was there a proceeding

Cash v. Smith

465 So. 2d 1294, 10 Fla. L. Weekly 632

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 1324415

Cited 2 times | Published

stating that the petition failed to comply with § 120.54(4), Florida Statutes.[1] That order was rendered

Orange County v. Debra, Inc.

451 So. 2d 868, 1983 Fla. App. LEXIS 25342

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1482776

Cited 2 times | Published

agency of further jurisdiction to proceed. *870 Section 120.54(5), Fla. Stat. (1981), provides that any person

Canter v. FLORIDA PAROLE & PROBATION COM'N

409 So. 2d 227, 1982 Fla. App. LEXIS 19125

District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 526303

Cited 2 times | Published

administrative remedies for that purpose are available. Section 120.54(5), 120.56, Florida Statutes (1979); Comer

INS. CO. OF NORTH AMERICA v. Morgan

406 So. 2d 1227

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 449868

Cited 2 times | Published

insurance policy issued to a motor carrier. Section 120.54(7), Florida Statutes (1979), requires that

Jax Liquors, Inc. v. DIVISION OF ALCOHOLIC, ETC.

388 So. 2d 1306

District Court of Appeal of Florida | Filed: Oct 7, 1980 | Docket: 419529

Cited 2 times | Published

1st DCA 1977). Nor is this an appeal from Section 120.54 rulemaking proceedings, in which the agency's

DEPT. OF HEALTH AND REHAB. SERV. v. Delray Hosp. Corp.

373 So. 2d 75

District Court of Appeal of Florida | Filed: Jul 24, 1979 | Docket: 2566462

Cited 2 times | Published

in its promulgation, per the requirement in Section 120.54(2)(a). We presaged this result in dicta in

STATE DEPT. OF HEALTH, ETC. v. Barr

359 So. 2d 503

District Court of Appeal of Florida | Filed: May 31, 1978 | Docket: 1417557

Cited 2 times | Published

illicit rule not promulgated in accordance with Section 120.54. See Price Wise Buying Group v. Nuzum, 343

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

256 So. 3d 1218

Supreme Court of Florida | Filed: Oct 25, 2018 | Docket: 8081305

Cited 1 times | Published

; all notices and findings made pursuant to section 120.54(4), Florida Statutes (adoption of emergency

Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering v. Dania Entertainment Center, LLC

229 So. 3d 1259

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219403

Cited 1 times | Published

rule was invalid for failure to comply with section 120.54(1), Florida Statutes, which governs the preparation

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, Division of Workers' Compensation

156 So. 3d 520, 2015 WL 46515

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620437

Cited 1 times | Published

been adopted pursuant to the requirements of’ section 120.54, Florida Statutes. § 120.52(20), Fla. Stat

Winick v. Department of Children & Family Services

161 So. 3d 464, 2014 WL 2751035, 2014 Fla. App. LEXIS 9190

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60247163

Cited 1 times | Published

section as soon as feasible and practicable.” § 120.54(l)(a). . But see Fears v. Dep’t of Human Servs

Pro Tech Monitoring, Inc. v. State, Department of Corrections

72 So. 3d 277, 2011 Fla. App. LEXIS 16268, 2011 WL 4905747

District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 60303238

Cited 1 times | Published

requirements of the Administrative Procedure Act. See § 120.54(5)(a), Fla. Stat. (2010). Just as the purpose

Banks v. Florida Engineers Management Corp.

53 So. 3d 1151, 2011 Fla. App. LEXIS 1432, 2011 WL 362411

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 2406629

Cited 1 times | Published

receipt of written notice of the decision." Section 120.54(5)(b)4, Florida Statutes (2010), provides that

Board of Medicine v. Vazquez

11 So. 3d 994, 2009 Fla. App. LEXIS 7531, 2009 WL 1492618

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1420384

Cited 1 times | Published

rule which has not been adopted pursuant to section 120.54, Florida Statutes. AFFIRMED. KAHN, THOMAS,

Courts v. Agency for Health Care Admin.

965 So. 2d 154, 2007 WL 2174850

District Court of Appeal of Florida | Filed: Jul 31, 2007 | Docket: 446804

Cited 1 times | Published

underlying the 1996 amendments to chapter 120. § 120.54(1)(a), Fla. Stat. (2005)(requiring rule making

Kerper v. Department of Environmental Protection

894 So. 2d 1006, 2005 Fla. App. LEXIS 188, 2005 WL 74097

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1768186

Cited 1 times | Published

Stat. (1987-2003). More generally of course, section 120.54(1)(a), Florida Statutes (2003) clearly states

Sierra Club v. ST. JOHNS RIVER WATER

816 So. 2d 687, 2002 Fla. App. LEXIS 4714, 2002 WL 537041

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 1753397

Cited 1 times | Published

Handbook, was an unadopted rule that violated section 120.54(1)(a), Florida Statutes.[3] The Statutory

ST. JOHNS RIVER WATER MANAG. DIST. v. Modern, Inc.

784 So. 2d 464, 2001 WL 233611

District Court of Appeal of Florida | Filed: Mar 8, 2001 | Docket: 2575184

Cited 1 times | Published

did not meet the "good faith" requirement of section 120.54(1)(a)1.c., Florida Statutes, and that Florida

Crawford v. Dept. of Children & Families

785 So. 2d 505, 2000 WL 27551

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 450203

Cited 1 times | Published

The Uniform Rules, promulgated pursuant to section 120.54(a), Florida Statutes (1997), nowhere address

Department of Revenue v. Novoa

745 So. 2d 378, 1999 WL 821070

District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 1689279

Cited 1 times | Published

policy that should have been adopted as a rule. Section 120.54(1)(a), Florida Statutes provides that an "agency

Agency for Health Care v. Fl. Coalition

718 So. 2d 869, 1998 WL 558983

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 466464

Cited 1 times | Published

organizations filed a rule challenge pursuant to section 120.54(4), Florida Statutes (1995), based on their

Lost Tree Village Corp. v. Board of Trustees

698 So. 2d 634, 1997 Fla. App. LEXIS 10104, 1997 WL 536031

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775513

Cited 1 times | Published

statement prepared by the IITF pursuant to section 120.54(2), Florida Statutes (1991), failed to consider

INJURED WORKERS v. Dept. of Labor

630 So. 2d 1189, 19 Fla. L. Weekly Fed. D 178

District Court of Appeal of Florida | Filed: Jan 18, 1994 | Docket: 418878

Cited 1 times | Published

statement failed to meet the requirements of section 120.54(2)(b), Florida Statutes (1991).[13] The economic

Gmc v. Dept. of Hwy. Safety & Motor Veh.

625 So. 2d 76, 1993 WL 366884

District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 1517582

Cited 1 times | Published

delegated legislative authority. s. 120.52, F.S. Section 120.54, Florida Statutes, provides that no agency

STATE DEPT. OF ENV. REG. v. Manasota-88, Inc.

584 So. 2d 133, 1991 WL 151982

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 2556004

Cited 1 times | Published

to the statutory provision being implemented. § 120.54(7), Fla. Stat. (1989). If the rule "enlarges,

US Shoe Corp. v. DEPT. OF PRO. REG.

578 So. 2d 376

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 440971

Cited 1 times | Published

establishments and provide opticianry services, filed a Section 120.54(4), Florida Statutes, rule challenge *377 to

US Shoe Corp. v. DEPT. OF PRO. REG.

578 So. 2d 376

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 440971

Cited 1 times | Published

establishments and provide opticianry services, filed a Section 120.54(4), Florida Statutes, rule challenge *377 to

Allen v. Martinez

573 So. 2d 987, 1991 WL 7933

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 478744

Cited 1 times | Published

applicable rulemaking procedures set forth in section 120.54, Florida Statutes, (a decision not appealed

Grantham v. Gunter

498 So. 2d 1328, 11 Fla. L. Weekly 2594

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 1334975

Cited 1 times | Published

compliance with the requirements set forth in section 120.54(9) in connection with agency adoption of an

Bayonet Point Hosp., Inc. v. DEPT., HLTH.

490 So. 2d 1318

District Court of Appeal of Florida | Filed: Jun 25, 1986 | Docket: 1488868

Cited 1 times | Published

petition to amend a rule, filed pursuant to Section 120.54(5), Florida Statutes (1984 Supp.). We affirm

Cianbro Corp. v. Jacksonville Transp. Auth.

473 So. 2d 209, 10 Fla. L. Weekly 1658

District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 451414

Cited 1 times | Published

required in promulgating an emergency rule under Section 120.54(9)(a)(3), Florida Statutes, and an immediate

Publix Supermarkets, Inc. v. FLA. COM'N ON H. REL.

470 So. 2d 754, 10 Fla. L. Weekly 1325

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 854332

Cited 1 times | Published

contention, the hearing officer observed that section 120.54(2)(a)1. requires only an estimate of the cost

Fla. Public Serv. Com'n v. Indiantown Tel. System, Inc.

435 So. 2d 892

District Court of Appeal of Florida | Filed: Jul 15, 1983 | Docket: 1328747

Cited 1 times | Published

comply with the rulemaking requirements of Section 120.54, Florida Statutes. We reverse. Section 364

Guerra v. STATE, DEPT. OF LABOR & EMPLOYMENT SEC.

427 So. 2d 1098

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1478230

Cited 1 times | Published

referee and commission,[1] from the denial of a Section 120.54(5)[2] petition to require the adoption of a

Bradbury v. Wainwright

538 F. Supp. 377, 1982 U.S. Dist. LEXIS 12310

District Court, M.D. Florida | Filed: May 10, 1982 | Docket: 66158085

Cited 1 times | Published

rule, said memorandum being required by Fla.Stat. § 120.54(1) (1980). The memorandum outlines ' detrimental

Bradbury v. Wainwright

538 F. Supp. 377

District Court, M.D. Florida | Filed: May 10, 1982 | Docket: 2140992

Cited 1 times | Published

rule, said memorandum being required by Fla.Stat. § 120.54(1) (1980). The memorandum outlines detrimental

Fla. Inst. Legal Serv. v. Fla. Parole & Prob. Comm.

391 So. 2d 247

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1173960

Cited 1 times | Published

public information required by s. 120.53." Section 120.54(5), Florida Statutes (1979). The Commission's

FLORIDA STATE BD. OF EDN. v. Brady

368 So. 2d 661

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1389674

Cited 1 times | Published

in accordance with the APA, specifically F.S. § 120.54." The order found and determined that Rule 6A-1

Corn v. Dept. of Legal Affairs

368 So. 2d 591

Supreme Court of Florida | Filed: Feb 22, 1979 | Docket: 1388536

Cited 1 times | Published

exercise the discretionary authority granted it by Section 120.54(16), Florida Statutes (1977). The court expressly

Broward Cty. Cl. Teach. Ass'n, Inc. v. Public Er Com'n

331 So. 2d 342

District Court of Appeal of Florida | Filed: May 3, 1976 | Docket: 1685608

Cited 1 times | Published

Procedure Act, Chapter 120, Florida Statutes. Section 120.54(9) provides in pertinent part as follows: "The

Episcopal Children's Services, Inc. v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jun 20, 2025 | Docket: 70590495

Published

pursuant to the requirements of § 120.54.” § 120.52(20), Fla. Stat. Section 120.54 contains three provisions

Grace Christian Leadership Academy (3269) v. Manny Diaz, Jr., Commissioner of Education

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998639

Published

201(2) of the Florida Administrative Code and section 120.54(5)(b)(4), Florida Statutes (2023), hence dismissal

Florida Department of Health v. Pups Pub TPA, LLC, & Pups Pub Orlando, LLC

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996620

Published

been adopted pursuant to the requirements of [section 120.54, Florida Statutes].” § 120.52(20), Fla. Stat

Florida Gaming Control Commission v. Tampa Bay Downs

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151096

Published

unless adopted by certain statutory procedures. See § 120.54(1)(a), Fla. Stat. In general, “if an agency statement

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958703

Published

has no inherent authority to adopt rules. See § 120.54(1)(e), Fla. Stat. (“No agency has inherent rulemaking

Durell Sims v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2023 | Docket: 59908972

Published

Argued: May 14, 2021

amend, or repeal a rule.” Fla. Stat. § 120.54(7)(a). Pointing to this provision, the

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67020526

Published

notices and findings made pursuant tounder section 120.54(4), Florida Statutes; all materials filed by

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67025967

Published

notices and findings made pursuant tounder section 120.54(4), Florida Statutes; all materials filed by

SERGIO ALVAREZ, M.D. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF MEDICINE

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881525

Published

Emergency rules are authorized under section 120.54(4), Florida Statutes, and are required to

GARY LANGAN GOODENOW, JR. v. DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM

District Court of Appeal of Florida | Filed: Dec 23, 2020 | Docket: 20622813

Published

Affirmed. See § 409.2563, Fla. Stat. (2020); § 120.54(5)(a), Fla. Stat. (2020); Hernandez v. Guerra

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64713206

Published

rulemaking is not a matter of agency discretion. § 120.54(1), Fla. Stat. Florida courts have long recognized

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64713205

Published

rulemaking is not a matter of agency discretion. § 120.54(1), Fla. Stat. Florida courts have long recognized

The Public Health Trust of Miami-Dade County, etc. v. Agency for Health Care Administration

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 15004989

Published

rulemaking is not a matter of agency discretion. § 120.54(1), Fla. Stat. Florida courts have long recognized

Florida Association of Homes and Services for the Aging, Inc. d/b/a LeadingAge Florida v. Agency for Health Care Administration, Department of Elder Affairs

252 So. 3d 313

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7510528

Published

the rules are based are insufficient under section 120.54(4), Florida Statutes (2017). The petitions

SDI Quarry a/k/a Atlantic Civil, Inc. v. Gateway Estates Park Condominium Association

249 So. 3d 1287

District Court of Appeal of Florida | Filed: Jun 22, 2018 | Docket: 7254058

Published

promulgated by the Florida Supreme Court. See § 120.54(5)(a)1., Fla. Stat. (2016) (providing that the

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

promulgating a Rule is difficult, see § 120.54, Fla. Stat. (2017), the Rules set a due-process

K.M. v. Dept. of Health

237 So. 3d 1084

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 6248134

Published

standing to maintain a cause of action. Indeed, “section 120.54(4) ‘was intended to create an opportunity for

Gerardo Castiello v. Florida Division of Administrative etc.

229 So. 3d 861

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6182903

Published

petition to initiate rule-making he filed under section 120.54(7), Florida Statutes. Subsequent to the filing

DANIEL R. FERNANDEZ AND Dax J. Lonetto, Sr., PLLC v. Florida Justice Association

223 So. 3d 1055, 2017 WL 1325869, 2017 Fla. App. LEXIS 4952

District Court of Appeal of Florida | Filed: Apr 11, 2017 | Docket: 4670976

Published

conducted rulemaking proceedings pursuant to section 120.54, Florida Statutes. Following the requisite

Citizens of the State of Florida v. Art Graham, etc.

213 So. 3d 703, 42 Fla. L. Weekly Supp. 312, 2017 WL 1021849, 2017 Fla. LEXIS 585

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618312

Published

order. . Superseded on other grounds by statute, § 120.54(1)(a), Fla. Stat. (Supp. 1996), as recognized

Madison Highlands, LLC v. Florida Housing Finance Corp.

220 So. 3d 467, 2017 WL 729535, 2017 Fla. App. LEXIS 2526

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60294200

Published

the second amended petition was untimely. Section .120.54(5), Florida Statutes (2016), requires the Administration

Madison Highlands v. Florida Housing

220 So. 3d 467

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613137

Published

that the second amended petition was untimely. Section 120.54(5), Florida Statutes (2016), requires the

Society for Clinical and Medical Hair etc. v. Department of Health, Board of Medicine

183 So. 3d 1138, 2015 WL 9584834

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3025219

Published

adopt the statement as a rule. See § 120.54(l)(a), Fla. Stat. (2014) (stating that rulemaking

Keddo Enterprises, LLC v. Florida Building Commission

175 So. 3d 346, 2015 Fla. App. LEXIS 13197, 2015 WL 5163747

District Court of Appeal of Florida | Filed: Sep 4, 2015 | Docket: 60250553

Published

rulemaking process set forth in Chapter 120. See § 120.54(3)(a) (requiring public notice and opportunity

Florida Quarter Horse Track Ass'n v. State, Department of Business & Professional Regulation, Division of Parimutuel Wagering

133 So. 3d 1118, 2014 WL 483348, 2014 Fla. App. LEXIS 1741

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238687

Published

pursuant to the rulemaking process in violation of section 120.54(l)(a), Florida Statutes. For the reasons that

Herrmann v. District Board of Trustees

120 So. 3d 626, 2013 WL 4713000, 2013 Fla. App. LEXIS 14069

District Court of Appeal of Florida | Filed: Sep 3, 2013 | Docket: 60234168

Published

requirements of a “petition” as specified in section 120.54(5)(b)4., Florida Statutes (2012). In its Final

Ago

Florida Attorney General Reports | Filed: Dec 11, 2009 | Docket: 3258606

Published

Law Dictionary p. 1284 (8th ed., 2004). 17 Section 120.54(5)(b)2., Fla. Stat. 18 An administrative agency

Vale v. McDonough

958 So. 2d 966, 2007 Fla. App. LEXIS 7029, 2007 WL 1319263

District Court of Appeal of Florida | Filed: May 8, 2007 | Docket: 64851087

Published

by filing a rule challenge proceeding under section 120.54(4), Florida Statutes (1987), or initiating

Myers v. Florida Civil Commitment Center

953 So. 2d 726, 2007 Fla. App. LEXIS 5185, 2007 WL 1037582

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 64850093

Published

adopted under the proper rulemaking procedures of section 120.54(l)(a). See § 120.56(4), Fla. Stat. (2005).

Prater v. McDonough

947 So. 2d 537, 2006 Fla. App. LEXIS 21472, 2006 WL 3751504

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 64848696

Published

petition to initiate rule-making pursuant to section 120.54(7)). We do not, however, disturb the trial

Financial Services Commission v. FLORIDA INSURANCE COUNCIL, INC.

938 So. 2d 545, 2006 Fla. App. LEXIS 13593, 2006 WL 2345542

District Court of Appeal of Florida | Filed: Aug 15, 2006 | Docket: 2578019

Published

failed to fulfill its statutory duty under section 120.54(3)(a), Florida Statutes, as "agency head,"

Hartman-Tyner, Inc. v. Division of Pari-Mutuel Wagering, Department of Business & Professional Regulation

923 So. 2d 559, 2006 Fla. App. LEXIS 3719, 2006 WL 658899

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 64842987

Published

to justify emergency rulemaking pursuant to section 120.54(4), Florida Statutes (2005). Because we agree

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

costs); all notices and findings made pursuant to section 120.54(4), Florida Statutes (adoption of emergency