Florida Statute 120.56 - 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

View Entire Chapter

F.S. 120.56

120.56 Challenges to rules.—

(1) GENERAL PROCEDURES.—

(a) Any person substantially affected by a rule or a proposed rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of delegated legislative authority.

(b) The petition challenging the validity of a proposed or adopted rule under this section must state:

1. The particular provisions alleged to be invalid and a statement of the facts or grounds for the alleged invalidity.

2. Facts sufficient to show that the petitioner is substantially affected by the challenged adopted rule or would be substantially affected by the proposed rule.

(c) The petition shall be filed by electronic means with the division which shall, immediately upon filing, forward by electronic means copies to the agency whose rule is challenged, the Department of State, and the committee. Within 10 days after receiving the petition, the division director shall, if the petition complies with paragraph (b), assign an administrative law judge who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties or for good cause shown. Evidence of good cause includes, but is not limited to, written notice of an agency’s decision to modify or withdraw the proposed rule or a written notice from the chair of the committee stating that the committee will consider an objection to the rule at its next scheduled meeting. The failure of an agency to follow the applicable rulemaking procedures or requirements set forth in this chapter shall be presumed to be material; however, the agency may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.

(d) Within 30 days after the hearing, the administrative law judge shall render a decision and state the reasons for his or her decision in writing. The division shall forthwith transmit by electronic means copies of the administrative law judge’s decision to the agency, the Department of State, and the committee.

(e) Hearings held under this section shall be de novo in nature. The standard of proof shall be the preponderance of the evidence. Hearings shall be conducted in the same manner as provided by ss. 120.569 and 120.57, except that the administrative law judge’s order shall be final agency action. The petitioner and the agency whose rule is challenged shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings. Failure to proceed under this section does not constitute failure to exhaust administrative remedies.

(2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—

(a) A petition alleging the invalidity of a proposed rule shall be filed within 21 days after the date of publication of the notice required by s. 120.54(3)(a); within 10 days after the final public hearing is held on the proposed rule as provided by s. 120.54(3)(e)2.; within 20 days after the statement of estimated regulatory costs or revised statement of estimated regulatory costs, if applicable, has been prepared and made available as provided in s. 120.541(1)(d); or within 20 days after the date of publication of the notice required by s. 120.54(3)(d). The petitioner has the burden to prove by a preponderance of the evidence that the petitioner would be substantially affected by the proposed rule. The agency then has the burden to prove by a preponderance of the evidence that the proposed rule is not an invalid exercise of delegated legislative authority as to the objections raised. A person who is not substantially affected by the proposed rule as initially noticed, but who is substantially affected by the rule as a result of a change, may challenge any provision of the resulting proposed rule.

(b) The administrative law judge may declare the proposed rule wholly or partly invalid. Unless the decision of the administrative law judge is reversed on appeal, the proposed rule or provision of a proposed rule declared invalid shall not be adopted. After a petition for administrative determination has been filed, the agency may proceed with all other steps in the rulemaking process, including the holding of a factfinding hearing. In the event part of a proposed rule is declared invalid, the adopting agency may, in its sole discretion, withdraw the proposed rule in its entirety. The agency whose proposed rule has been declared invalid in whole or part shall give notice of the decision in the first available issue of the Florida Administrative Register.

(c) When any substantially affected person seeks determination of the invalidity of a proposed rule pursuant to this section, the proposed rule is not presumed to be valid or invalid.

(3) CHALLENGING RULES IN EFFECT; SPECIAL PROVISIONS.—

(a) A petition alleging the invalidity of an existing rule may be filed at any time during which the rule is in effect. The petitioner has the burden of proving by a preponderance of the evidence that the existing rule is an invalid exercise of delegated legislative authority as to the objections raised.

(b) The administrative law judge may declare all or part of a rule invalid. The rule or part thereof declared invalid shall become void when the time for filing an appeal expires. The agency whose rule has been declared invalid in whole or part shall give notice of the decision in the Florida Administrative Register in the first available issue after the rule has become void.

(4) CHALLENGING AGENCY STATEMENTS DEFINED AS UNADOPTED RULES; SPECIAL PROVISIONS.—

(a) Any person substantially affected by an agency statement that is an unadopted rule may seek an administrative determination that the statement violates s. 120.54(1)(a). The petition shall include the text of the statement or a description of the statement and shall state facts sufficient to show that the statement constitutes an unadopted rule.

(b) The administrative law judge may extend the hearing date beyond 30 days after assignment of the case for good cause. Upon notification to the administrative law judge provided before the final hearing that the agency has published a notice of rulemaking under s. 120.54(3), such notice shall automatically operate as a stay of proceedings pending adoption of the statement as a rule. The administrative law judge may vacate the stay for good cause shown. A stay of proceedings pending rulemaking shall remain in effect so long as the agency is proceeding expeditiously and in good faith to adopt the statement as a rule.

(c) If a hearing is held and the petitioner proves the allegations of the petition, the agency shall have the burden of proving that rulemaking is not feasible or not practicable under s. 120.54(1)(a).

(d) The administrative law judge may determine whether all or part of a statement violates s. 120.54(1)(a). The decision of the administrative law judge shall constitute a final order. The division shall transmit a copy of the final order to the Department of State and the committee. The Department of State shall publish notice of the final order in the first available issue of the Florida Administrative Register.

(e) If an administrative law judge enters a final order that all or part of an unadopted rule violates s. 120.54(1)(a), the agency must immediately discontinue all reliance upon the unadopted rule or any substantially similar statement as a basis for agency action.

(f) If proposed rules addressing the challenged unadopted rule are determined to be an invalid exercise of delegated legislative authority as defined in s. 120.52(8)(b)-(f), the agency must immediately discontinue reliance upon the unadopted rule and any substantially similar statement until rules addressing the subject are properly adopted, and the administrative law judge shall enter a final order to that effect.

(g) All proceedings to determine a violation of s. 120.54(1)(a) shall be brought pursuant to this subsection. A proceeding pursuant to this subsection may be consolidated with a proceeding under subsection (3) or under any other section of this chapter. This paragraph does not prevent a party whose substantial interests have been determined by an agency action from bringing a proceeding pursuant to s. 120.57(1)(e).

(5) CHALLENGING EMERGENCY RULES; SPECIAL PROVISIONS.—Challenges to the validity of an emergency rule shall be subject to the following time schedules in lieu of those established by paragraphs (1)(c) and (d). Within 7 days after receiving the petition, the division director shall, if the petition complies with paragraph (1)(b), assign an administrative law judge, who shall conduct a hearing within 14 days, unless the petition is withdrawn. The administrative law judge shall render a decision within 14 days after the hearing.

History.—s. 1, ch. 74-310; s. 5, ch. 75-191; s. 6, ch. 76-131; s. 1, ch. 77-174; s. 4, ch. 78-425; s. 759, ch. 95-147; s. 16, ch. 96-159; s. 6, ch. 97-176; s. 5, ch. 99-379; s. 3, ch. 2003-94; s. 5, ch. 2006-82; ss. 10, 11, ch. 2008-104; ss. 3, 5, ch. 2010-279; HJR 9-A, 2010 Special Session A; s. 10, ch. 2011-208; s. 3, ch. 2011-225; s. 8, ch. 2013-14; s. 3, ch. 2016-116.

F.S. 120.56 on Google Scholar

F.S. 120.56 on CourtListener

Amendments to 120.56

Annotations, Discussions, Cases:

Cases Citing Statute 120.56

Total Results: 256

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

which has not been adopted through rulemaking. Section 120.56; Dep't of Administration v. Stevens, 344 So

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

Section 120.30, Florida Statutes (1973), with Section 120.56, Florida Statutes (Supp. 1974). By Section

Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.

353 So. 2d 108, 96 L.R.R.M. (BNA) 3347

District Court of Appeal of Florida | Filed: Nov 16, 1977 | Docket: 485186

Cited 70 times | Published

validly delegated legislative authority. See Section 120.56, Florida Statutes (1975). The Board has failed

School Bd. of Leon County v. Mitchell

346 So. 2d 562, 1977 Fla. App. LEXIS 16041

District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 1411070

Cited 39 times | Published

120.54(3), Florida Statutes (1975)[13] and Section 120.56, Florida Statutes (1975). Those statutes become

Florida Home Builders Ass'n v. Dept. of Labor

412 So. 2d 351, 25 Wage & Hour Cas. (BNA) 1034, 1982 Fla. LEXIS 2394

Supreme Court of Florida | Filed: Mar 25, 1982 | Docket: 528443

Cited 37 times | Published

trade association does not have standing under section 120.56(1), Florida *352 Statutes (1979),[1] to challenge

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

penalty. He then attacked the above Rule in a Section 120.56,[2] Florida Statutes (Supp. 1976), proceeding

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

appellants may initiate a rule challenge pursuant to Section 120.56, Florida Statutes. Finally, we recognize that

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

septic tank use in residential subdivisions. Section 120.56, Fla. Stat. (1979). The hearing officer concluded

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

determination of rule-invalidity under the provisions of § 120.56, Fla. Stat. (1975). (We have removed from the

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

legislative authority. A companion provision, Section 120.56(1), provides the same remedy as to rules which

STATE DEPT. OF BUS. REG. v. Salvation Ltd.

452 So. 2d 65

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 1517684

Cited 21 times | Published

Administrative Hearings entered pursuant to Section 120.56, Florida Statutes, declaring Fla. Admin. Code

Gretz v. UNEMPLOYMENT APPEALS COM'N

572 So. 2d 1384, 16 Fla. L. Weekly Supp. 50, 1991 Fla. LEXIS 37, 1991 WL 1367

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1518973

Cited 20 times | Published

Gretz filed a rules challenge pursuant to section 120.56, Florida Statutes (1985), arguing that the

FLA. EXPORT TOBACCO v. Dept. of Revenue

510 So. 2d 936

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1589023

Cited 20 times | Published

taxpayer from filing an action in court once a section 120.56, 120.565, or 120.157 proceeding had been initiated

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

appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 (decisions

Dept. of Rev. v. MAGAZINE PUB. OF AMERICA

604 So. 2d 459, 1992 WL 171248

Supreme Court of Florida | Filed: Jul 23, 1992 | Docket: 1289801

Cited 19 times | Published

jurisdiction to dispose of constitutional issues in a section 120.56 proceeding). [4] I do not pass judgment on

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

exercise of delegated legislative authority. Section 120.56(1), Florida Statutes (1979). The Department

Department of Admin. v. Nelson

424 So. 2d 852

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1297369

Cited 18 times | Published

exercise of delegated legislative authority, section 120.56, Florida Statutes (1979), because the automatic

Moreau v. Lewis

648 So. 2d 124, 1995 WL 2419

Supreme Court of Florida | Filed: Jan 5, 1995 | Docket: 1701941

Cited 17 times | Published

rule challenge proceeding brought pursuant to section 120.56, Florida Statutes (1993). Henry v. Agency for

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

14, 1989, the League filed a petition for a section 120.56 rule challenge in which it challenged the validity

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

in each of three counts. Two counts based on section 120.56 contend that both rule 21Q-10.001 and the application

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

429 So. 2d 1260

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358

Cited 15 times | Published

Employment Security, 412 So.2d 351 (Fla. 1982), to a section 120.56(1) rule challenge proceeding, and extended

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

works project,[1] filed a petition for a *258 Section 120.56 hearing to determine whether certain wage rate

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.

808 So. 2d 243, 2002 WL 83679

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 2191393

Cited 13 times | Published

administrative rules is governed by statute in Florida. Section 120.56(1)(a), Florida Statutes (1999), provides that

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

proceeding to challenge an existing rule, see section 120.56(3), as well as a proceeding to challenge an

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

proceeding to challenge an existing rule, see section 120.56(3), as well as a proceeding to challenge an

Village Park Mobile Home Ass'n Inc. v. State, Dept. of Business

506 So. 2d 426

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1336721

Cited 13 times | Published

involved the issue of standing in the context of a Section 120.56 rule challenge. Nevertheless, the standard

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

action, and also instituted a proceeding under section 120.56, Florida Statutes (1983), challenging the validity

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

under section 120.54(3), (4), (5), or (9) or section 120.56, which relate to rulemaking procedures. Chapter

Professional Firefighters v. DEPT. OF HEALTH

396 So. 2d 1194

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1447628

Cited 13 times | Published

state certification pursuant to the new rules. Section 120.56, Florida Statutes (1979), provides that any

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

concerned with a rule challenge pursuant to F.S. 120.56 whereas sub judice respondents were challenging

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

Administrative Hearings (DOAH), pursuant to Section 120.56, Florida Statutes (1975), for a determination

Sarnoff v. FLA. DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES

825 So. 2d 351, 27 Fla. L. Weekly Supp. 693, 2002 Fla. LEXIS 1752, 2002 WL 1926598

Supreme Court of Florida | Filed: Aug 22, 2002 | Docket: 1691261

Cited 12 times | Published

pursuant to chapter 120 of the Florida Statutes. Section 120.56 permits a person "substantially affected" by

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

question in a rule challenge brought under section 120.56(2), Florida Statutes (1999). Concluding that

Florida Marine Fisheries v. Pringle

736 So. 2d 17, 1999 WL 298527

District Court of Appeal of Florida | Filed: Apr 6, 1999 | Docket: 1420065

Cited 12 times | Published

proceedings raising the same issues. Under section 120.56(1) and (2), Florida Statutes (Supp.1996), Messrs

Balsam v. DEPT. OF HEALTH & REHAB. SERVICES

452 So. 2d 976

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 1517626

Cited 11 times | Published

were substantially affected by the moratorium. Section 120.56(1), Florida Statutes (1981). HRS contends the

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

before the Division of Administrative Hearings. Section 120.56(4)(a), Florida Statutes (2000), provides, "Any

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

adopted rule. § 120.54(4)(d), Fla. Stat.[13]; § 120.56(5), Fla. Stat.; Postal Colony Co., Inc. v. Askew

State, Dept. of Adm., Etc. v. State, Dept. of Adm., Etc.

326 So. 2d 187

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 1729166

Cited 10 times | Published

or invalidity of a rule on grounds specified in § 120.56(2) is an "order" as that term is defined in the

Willette v. Air Products

700 So. 2d 397, 1997 WL 535985

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1719604

Cited 9 times | Published

rule challenge proceeding was instituted under section 120.56, Florida Statutes (Supp.1996), this court has

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

rule) and to provide for a rule challenge under section 120.56 once the CCCL is established, reviewable by

Systems Mgt. Associates v. State, Etc.

391 So. 2d 688

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1173606

Cited 9 times | Published

petition for rule determination pursuant to Section 120.56, Florida Statutes, Appellant asserted that

Harris v. Florida Real Estate Com'n

358 So. 2d 1123

District Court of Appeal of Florida | Filed: May 5, 1978 | Docket: 1311952

Cited 9 times | Published

realtor. Childers petitioned under Florida Statute § 120.56 to have the "directives" declared invalid, on

Rosenzweig v. Department of Transp.

979 So. 2d 1050, 2008 WL 762496

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1714448

Cited 8 times | Published

the following: To meet the requirements of section 120.56(1), an association must demonstrate that a

Wexler v. Lepore

878 So. 2d 1276, 2004 WL 1753408

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 759270

Cited 8 times | Published

first subject to administrative challenge. See § 120.56, Fla. Stat. (2003). The adoption of the rules

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

came only after entry of a final order in a section 120.56 proceeding. St. Joseph Land & Dev. Co. v. Florida

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

Florida, Inc. filed a petition pursuant to section 120.56, Florida Statutes, to invalidate the provisions

DEPT. OF ADMIN., DIV. OF RETIRE. v. Albanese

445 So. 2d 639

District Court of Appeal of Florida | Filed: Feb 13, 1984 | Docket: 1685487

Cited 8 times | Published

submitted. Appellees filed a petition pursuant to section 120.56, Florida Statutes, challenging the validity

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

administrative hearing officer's conclusion, following a section 120.56 hearing, that Florida Administrative Code Rule

Farmworker Rights Org., Inc. v. DEPT. OF HEALTH AND REHABILITATIVE SERV.

417 So. 2d 753

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 1721945

Cited 8 times | Published

standing to institute a rule challenge under section 120.56(1), Florida Statutes (1979), even though it

NAACP, INC. v. Florida Bd. of Regents

863 So. 2d 294, 28 Fla. L. Weekly Supp. 815, 2003 Fla. LEXIS 1987, 2003 WL 22674817

Supreme Court of Florida | Filed: Nov 13, 2003 | Docket: 1432219

Cited 7 times | Published

petitioners brought the rule challenge pursuant to section 120.56(1)(a), Florida Statutes (1999), which states

Hancock Advertising v. Dept. of Transp.

549 So. 2d 1086, 14 Fla. L. Weekly 2285, 1989 Fla. App. LEXIS 5309, 1989 WL 110924

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 1719626

Cited 7 times | Published

executive, but not in the judiciary, nor in Section 120.56 rule challenge proceedings before a hearing

Island Harbor v. Dept. of Natural Resources

495 So. 2d 209

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 1758690

Cited 7 times | Published

availability of administrative challenge through section 120.56, Florida Statutes (1983). Ch. 85-55, § 33,

Wahlquist v. School Bd. of Liberty County

423 So. 2d 471, 8 Educ. L. Rep. 537

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 544851

Cited 7 times | Published

Count II also requested relief pursuant to Section 120.56(1), Florida Statutes (1979), and requested

Jenrette v. Wainwright

410 So. 2d 575

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

Cited 7 times | Published

under Section 120.54(5), Florida Statutes, or Section 120.56, Florida Statutes. See Comer v. Florida Parole

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

Petitioner is entitled to seek § 120.54(5), F.S., or § 120.56, F.S., proceedings, which may resolve the issues

Dept. of Revenue v. US Sugar Corp.

388 So. 2d 596

District Court of Appeal of Florida | Filed: Sep 11, 1980 | Docket: 1520950

Cited 7 times | Published

to determine the validity of a rule pursuant to § 120.56, Florida Statutes, asserting that the Department's

Broward Children's Center, Inc. v. Hall

859 So. 2d 623, 2003 WL 22799491

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 1284677

Cited 6 times | Published

`presumptively valid until invalidated in a section 120.56 rule challenge,' ... must give way in judicial

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

have standing to challenge the existing rules. Section 120.56(1), Florida Statutes (1997), sets forth the

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

predecessors cannot withstand challenge under section 120.56(4), Florida Statutes (Supp.1996).[3]State,

PALM PT. PROPERTY OWNERS' v. Pisarski

626 So. 2d 195, 1993 WL 417198

Supreme Court of Florida | Filed: Oct 21, 1993 | Docket: 1286261

Cited 6 times | Published

seeking to institute rule challenges under section 120.56(1), Florida Statutes (1979). However, our recognition

City of Palm Bay v. STATE, DOT

588 So. 2d 624, 1991 WL 204590

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 1297249

Cited 6 times | Published

presumptively valid until invalidated in a section 120.56 rule challenge. A successfully challenged rule

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

Hearings final order dismissing a petition for a section 120.56, Florida Statutes (1981), rule challenge proceeding

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

1st DCA 1977), a DOAH hearing officer in this Section 120.56 rule challenge proceeding held that the Highway

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

because appellants may seek relief through a section 120.56 proceeding: "Any person substantially affected

Fla. Dept. of Ed. v. FLA. ED. ASS'N/UNITED, ETC.

378 So. 2d 893

District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 1795631

Cited 6 times | Published

(DOE) appeals from an order entered after a Section 120.56 proceeding, initiated by appellee (FEA/United)

Cook v. DIV. OF PERSONNEL, DEPT. OF ADMIN.

356 So. 2d 356

District Court of Appeal of Florida | Filed: Mar 10, 1978 | Docket: 1478598

Cited 6 times | Published

the Department. Petitioner then initiated a Section 120.56, Florida Statutes (1975), hearing, seeking

Abbott Laboratories v. Mylan Pharmaceuticals, Inc.

15 So. 3d 642, 2009 Fla. App. LEXIS 8512, 2009 WL 1741035

District Court of Appeal of Florida | Filed: Jun 22, 2009 | Docket: 1660783

Cited 5 times | Published

0251 does not "alter or amend s. 465.025." Section 120.56 Proceeding This proceeding began on August

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

appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 (decisions

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

alleged non-rule policies are violative of section 120.56, as an invalid exercise of delegated legislative

Butler v. State, Dept. of Ins.

680 So. 2d 1103, 1996 WL 587866

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 467099

Cited 5 times | Published

proceeding to determine the validity of a rule under section 120.56(1), Florida Statutes (1993). See Cook v. Florida

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

to institute a rule challenge under section 120.56. Section 120.56 provides for challenges to existing

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

the concept of "substantially affected" under section 120.56(1), and "substantial interests" under section

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

whether the rule is arbitrary or capricious. See § 120.56(1), Fla. Stat. (1989); § 120.52(8)(e), Fla. Stat

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

Determine Invalidity of Unpromulgated Rule under Section 120.56, Florida Statutes (1985). On the same day,

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

invalidity of rules on December 28, 1981 pursuant to section 120.56, Fla. Stat. (1981), seeking a determination

HILLSBOROUGH CTY. ENVTL. PROTECT. COM'N v. Williams

426 So. 2d 1285

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1283432

Cited 5 times | Published

Administrative Hearings (DOAH), respondent, pursuant to section 120.56, Florida Statutes (1981), challenging the noise

Lopez v. FLA. PAROLE & PROB. COMM.

410 So. 2d 1354

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 438061

Cited 5 times | Published

challenged Rule 23-19.05 F.A.C. in a proceeding under § 120.56 Fla. Stat. (1979). The challenge was denied. We

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

school board procedure under the provisions of Section 120.56, Florida Statutes (1977). We hold that these

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

of Administrative Hearings as authorized by section 120.56(4), Florida Statutes (2009). In the petition

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

exercise of delegated legislative authority.” § 120.56(l)(a), Fla. Stat. (2010). The APA defines an invalid

Wade v. Florida Department of Children & Families

57 So. 3d 869, 2011 Fla. App. LEXIS 1429, 2011 WL 362412

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60299172

Cited 4 times | Published

presumptively valid until invalidated in a section 120.56 rule challenge ..., must give way in judicial

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

administrative law judge in a rule challenge under section 120.56, Florida Statutes (2004). Dep't of Health v

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

Appellants immediately filed a petition pursuant to section 120.56, Florida Statutes (1999), challenging seven

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

However, as noted in Consolidated-Tomoka, section 120.56(2)(a), Florida Statutes (Supp.1996), was amended

Christo v. STATE, DEPT. OF BANKING & FIN.

649 So. 2d 318, 1995 WL 26796

District Court of Appeal of Florida | Filed: Jan 26, 1995 | Docket: 1320648

Cited 4 times | Published

were unpromulgated agency rules that violated section 120.56, Florida Statutes, and section 120.535(1),

Rudloe v. DEPT. OF ENVIRONMENTAL REG.

517 So. 2d 731, 1987 WL 3202

District Court of Appeal of Florida | Filed: Dec 17, 1987 | Docket: 540597

Cited 4 times | Published

This is not a rule challenge proceeding under Section 120.56, Florida Statutes, and the validity vel non

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

not an appeal from a rule challenge pursuant to § 120.56.[8] The scope of review of the quasi-legislative

Dept. of Rev. v. American Tel. & Tel. Co.

431 So. 2d 1025

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1511994

Cited 4 times | Published

(Department) appeals a determination, pursuant to Section 120.56, Florida Statutes (1981), that a Department

Meyer v. STATE, DEPT. OF BUS. REGULATION, ETC.

402 So. 2d 527

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 1313081

Cited 4 times | Published

of license. [4] The Division, relying upon Section 120.56(1), Florida Statutes (1979), argues Meyer waived

State, Dept. of Transp. v. Pan Am. Const. Co.

338 So. 2d 1291, 1976 Fla. App. LEXIS 15853

District Court of Appeal of Florida | Filed: Oct 18, 1976 | Docket: 1511769

Cited 4 times | Published

Pan American Construction Company filed under Section 120.56, Florida Statutes, challenging the validity

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

challenged the new tax policy as an unadopted rule. See § 120.56(4), Fla. Stat. The challenge culminated below

Citizens Property Insurance Corp. v. Trapeo

136 So. 3d 670, 2014 WL 340670, 2014 Fla. App. LEXIS 1180

District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60240056

Cited 3 times | Published

report with the court.” SB 408, Staff analysis; cf. § 120.56(4)(b), Fla. Stat. (2011) (providing for stay of

Collier County Bd. of County Com'rs v. Fwcc

993 So. 2d 69

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 470071

Cited 3 times | Published

argument must be made in a proceeding pursuant to section 120.56, the statute governing challenges to rules

Department of Health v. Merritt

919 So. 2d 561, 2006 WL 20488

District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 1269257

Cited 3 times | Published

licensed chiropractor, initiated the underlying section 120.56, Florida Statutes, rule challenge. He contested

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

exercise of delegated legislative authority." Section 120.56(1)(c), Florida Statutes (2000), provides: The

Clemons v. STATE RISK MANAGEMENT TRUST FUND

870 So. 2d 881, 2004 WL 502605

District Court of Appeal of Florida | Filed: Mar 16, 2004 | Docket: 1330945

Cited 3 times | Published

administrative rules never challenged under section 120.56, it is open to a reviewing court to adjudicate

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

maintain challenges to administrative rules under section 120.56 and predecessor provisions. See § 120.81(3)(a)

Hillhaven v. DEPT. OF HEALTH & REHAB SERV.

625 So. 2d 1299

District Court of Appeal of Florida | Filed: Nov 1, 1993 | Docket: 474082

Cited 3 times | Published

Statutes (1989), and their rule challenges under Section 120.56, Florida Statutes (1989), into one proceeding

Home Builders and Contractors Ass'n v. DCA

585 So. 2d 965

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1293683

Cited 3 times | Published

3177(10)(k) deprives DOAH of jurisdiction over any Section 120.56 challenge to the urban sprawl rules themselves

Intern. Jai-Alai Players Ass'n v. Pari-Mutuel Com'n

561 So. 2d 1224, 1990 WL 54928

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 1480730

Cited 3 times | Published

members of the Association have no standing under Section 120.56(1), Florida Statutes (1987), to contest the

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

Tallahassee, for appellees. ZEHMER, Judge. This section 120.56 rule challenge proceeding involves a determination

Hobe Assoc. v. State, Dept. of Business Regulation

504 So. 2d 1301

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 453487

Cited 3 times | Published

Division of Administrative Hearings pursuant to § 120.56, Florida Statutes (1985). Following the administrative

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

rules. This rule-challenge proceeding under section 120.56, Florida Statutes (1983), grew out of a related

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

also that Section 120.56(5) specifically provides that failure to proceed under Section 120.56 shall not

DEPT. OF LABOR, ETC. v. Fla. Home Builders

392 So. 2d 21

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 1268811

Cited 3 times | Published

challenge its rule pursuant to § 120.56, Florida Statutes. We agree. Section 120.56, Florida Statutes, in pertinent

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

delegation of legislative authority, for which § 120.56 provides a remedy. The only argument White ever

Sarasota County v. DEPT. OF ADMINISTRATION

350 So. 2d 802

District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757857

Cited 3 times | Published

incorporated as part of § 120.56, Fla. Stat. (1975). In 1975 the legislature amended § 120.56 and deleted that

Jacoby v. FLORIDA BD. OF MEDICINE

917 So. 2d 358, 2005 Fla. App. LEXIS 20309, 2005 WL 3543931

District Court of Appeal of Florida | Filed: Dec 29, 2005 | Docket: 448805

Cited 2 times | Published

Inc., 808 So.2d 243 (Fla. 1st DCA 2002). *360 Section 120.56, Florida Statutes (2004), allows any person

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

AGENCY ACTION PURSUANT TO SECTION 120.56(4)." § 120.595(4), Fla. Stat. Section 120.56(4)(a), of course, provides

Caddy v. State, Dept. of Health

764 So. 2d 625, 2000 WL 282539

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 2538962

Cited 2 times | Published

not barred from raising them here on appeal. See § 120.56(3), Fla. Stat. (1997). The Board was on notice

DEPT. OF BUSINESS v. Calder Race Course

724 So. 2d 100, 1998 WL 422515

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1410625

Cited 2 times | Published

exercise of delegated legislative authority under section 120.56(2), Florida Statutes. She further found that

Environmental Trust v. State

714 So. 2d 493

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

Cited 2 times | Published

investment companies filed petitions under section 120.56, *497 Florida Statutes, to determine the validity

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

Security Mutual's petition alleging, under section 120.56(4), Florida Statutes (1997), that section 120

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

appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 (decisions

Cortes v. State Bd. of Regents

655 So. 2d 132, 100 Educ. L. Rep. 1201

District Court of Appeal of Florida | Filed: Apr 25, 1995 | Docket: 1326858

Cited 2 times | Published

Judge. Appellants initiated proceedings under section 120.56, Florida Statutes (1993) by filing a petition

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

other than a post-adoption proceeding under Section 120.56, Florida Statutes. It argues that a Section

Dept. of Bus. Reg., Div. of Alcoholic Beverages and Tobacco v. Martin Cty. Liquors, Inc.

574 So. 2d 170, 1991 WL 5006

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 1437193

Cited 2 times | Published

the hearing officer's *172 final order in a Section 120.56, Florida Statutes (1987), rule challenge in

Bk v. Dept. of Health & Rehab. Serv.

537 So. 2d 633

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 2069915

Cited 2 times | Published

the validity of the rule, sustained after a section 120.56 rule challenge proceeding. We also pointed

Moorehead v. DEPT, PROFESSIONAL REG.

503 So. 2d 1318, 12 Fla. L. Weekly 713

District Court of Appeal of Florida | Filed: Mar 5, 1987 | Docket: 1452709

Cited 2 times | Published

and filed a challenge to the rule pursuant to section 120.56, Florida Statutes, (Case No. BL-157). Following

Hasper v. DEPT. OF ADMIN.

459 So. 2d 398

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 1282543

Cited 2 times | Published

12(2), Florida Administrative Code, pursuant to Section 120.56, Florida Statutes. The issue before the Hearing

North American Publications, Inc. v. Dept. of Rev.

436 So. 2d 954

District Court of Appeal of Florida | Filed: Jul 15, 1983 | Docket: 1339785

Cited 2 times | Published

declared invalid in a proceeding pursuant to Section 120.56, Florida Statutes. In a separate proceeding

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

Alcoholic Beverages and Tobacco against appellant's Section 120.56 challenge that (1) the Rule exercises regulatory

Brevard Community College v. FLORIDA PUB. EMP. REL. COM'N

376 So. 2d 16

District Court of Appeal of Florida | Filed: Sep 19, 1979 | Docket: 1734427

Cited 2 times | Published

did not challenge Rule 8H-4.02, pursuant to Section 120.56 Florida Statutes (1975), as having been adopted

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

respondents' rule-challenge petition pursuant to Section 120.56, Florida Statutes (1977). Respondents contend

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

any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569

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

I. The Proposed Repeal Was a Rule Section 120.56(1) permits “[a]ny person substantially affected

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

I. The Proposed Repeal Was a Rule Section 120.56(1) permits “[a]ny person substantially affected

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

challenge the Manual as an unpromulgated rule. See § 120.56, Fla. Stat. (2012).4 Curiously, DCF does not concede

Agency for Persons With Disabilities v. C.B.

130 So. 3d 713, 2013 WL 6635803, 2013 Fla. App. LEXIS 19914

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60237857

Cited 1 times | Published

transitioning IBRH clients to less intensive services. See § 120.56(1)(e), Fla. Stat. On appeal, we review the ALJ’s

State, Department of Financial Services v. Peter R. Brown Construction, Inc.

108 So. 3d 723, 2013 WL 764965, 2013 Fla. App. LEXIS 3325

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60229219

Cited 1 times | Published

to initiate the rule challenge. We disagree. Section 120.56(l)(a), Florida Statutes (2012), provides that

Wexler v. Lepore

342 F. Supp. 2d 1097, 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584

District Court, S.D. Florida | Filed: Oct 25, 2004 | Docket: 2225005

Cited 1 times | Published

brought a rule challenge, pursuant to Fla. Stat § 120.56(3), to determine the validity of the above rule

Ortiz v. Department of Health

882 So. 2d 402, 2004 WL 1621440

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 1289633

Cited 1 times | Published

exercise of delegated legislative authority. See § 120.56(1)(a), Fla. Stat. (2002). As pertains to this

Bell v. Agency for Health Care Administration

768 So. 2d 1203, 2000 Fla. App. LEXIS 12369, 2000 WL 1421363

District Court of Appeal of Florida | Filed: Sep 28, 2000 | Docket: 64800886

Cited 1 times | Published

has standing to challenge its validity under section 120.56(l)(a), Florida Statutes (1997). . The HCFA

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

adopted as a rule, may file a petition under section 120.56(4), Florida Statutes for an administrative

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

proposed and existing rules may be challenged. See § 120.56(1)(a), Fla. Stat. (Supp.1996). Here, the Coalition

Bd. of Clin. Lab. v. Ass'n of Blood Banks

721 So. 2d 317, 1998 WL 432490

District Court of Appeal of Florida | Filed: Aug 3, 1998 | Docket: 1694635

Cited 1 times | Published

licensing specialty. We reverse. Florida Statutes section 120.56(2)(c) provides that in a rule challenge proceeding

Department of Revenue v. John's Island Club, Inc.

680 So. 2d 475, 1996 Fla. App. LEXIS 3039, 1996 WL 134285

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 1664018

Cited 1 times | Published

hearing officer's determination arising out of a section 120.56 quasi-judicial rule challenge proceeding, the

Endress v. FLA. DEPT. OF CORRECTIONS

612 So. 2d 645, 1993 WL 5047

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 1677015

Cited 1 times | Published

inmate appealing an agency order entered in a section 120.56, Florida Statutes, rule challenge proceeding

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

prompted Manasota to file a petition pursuant to section 120.56, Florida Statutes, to have Rule 17-103.170(2)

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

54, Fla. Stat., or after adoption pursuant to § 120.56, Fla. Stat., so that all parties would be able

Department of Corrections v. Sumner

447 So. 2d 1388, 1984 Fla. App. LEXIS 12384

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 1312068

Cited 1 times | Published

for administrative determination" pursuant to Section 120.56, Florida Statutes, seeking a determination

DEPARTMENT OF HEALTH AND REHAB. SERVICES v. Petty-Eifert

443 So. 2d 266

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 1458776

Cited 1 times | Published

exercise of delegated legislative authority. Section 120.56, Florida Statutes (1981). The hearing officer

Southern Bell Tel. & Tel. Co. v. Dept. of Revenue

366 So. 2d 30, 1978 Fla. App. LEXIS 17251

District Court of Appeal of Florida | Filed: Sep 28, 1978 | Docket: 1227968

Cited 1 times | Published

property and subject to sales tax. Pursuant to F.S. 120.56, Nova filed a petition challenging the validity

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

So. 3d 1205, 1207 (Fla. 1st DCA 2018). Section 120.56(4), Florida Statutes (2023), authorizes a challenge

Oracle America, Inc. v. Department of Revenue

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435415

Published

Legislature, not the Constitution. See, e.g., § 120.56(1)(a), Fla. Stat. (“Any person substantially affected

Oracle America, Inc. v. Florida Department of Revenue

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435414

Published

Legislature, not the Constitution. See, e.g., § 120.56(1)(a), Fla. Stat. (“Any person substantially affected

Oracle America, Inc. v. Florida Department of Revenue

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435413

Published

Legislature, not the Constitution. See, e.g., § 120.56(1)(a), Fla. Stat. (“Any person substantially affected

Florida Gaming Control Commission v. Tampa Bay Downs

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

Published

unpromulgated rule subject to challenge under section 120.56(4)(a), Florida Statutes. This Court

Caranna v. Glass, in his official capacity, and Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062891

Published

to file and exhaust a rule challenge under section 120.56 before filing suit. “[T]he Legislature expressly

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

must be brought under the APA, specifically section 120.56, Florida Statutes, at the Division of Administrative

State of Florida, Agency For Health Care Administration v. Alfred Ivan Murciano, M.D.

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357935

Published

not speak to other statutory provisions, like section 120.56(4)(d), which say an ALJ’s decision can “constitute

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

the ‘substantially affected’ requirement of section 120.56(1) that we are justified in looking to federal

In Re: Amendments to the Florida Rules of Appellate Procedure

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

Published

from any proceeding conducted pursuant tounder section 120.56, Florida Statutes, the record shallwill consist

In Re: Amendments to the Florida Rules of Appellate Procedure

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

Published

from any proceeding conducted pursuant tounder section 120.56, Florida Statutes, the record shallwill consist

SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. FLORIDA DEPARTMENT OF HEALTH

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627025

Published

“challenges to existing agency rules pursuant to section 120.56(3) and (5).” § 120.595(3), Fla. Stat. In such

Patricia Phillips v. Leon County Public Works and Preferred Government Claims Solutions and Mary Elizabeth Cruickshank

District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892177

Published

“presumptively valid until invalidated in a section 120.56 rule challenge,” City of Palm Bay v. State

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

invalid exercise of delegated legislative authority. § 120.56(3)(a), Fla. Stat. If challenging a proposed rule

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

invalid exercise of delegated legislative authority. § 120.56(3)(a), Fla. Stat. If challenging a proposed rule

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

invalid exercise of delegated legislative authority. § 120.56(3)(a), Fla. Stat. If challenging a proposed rule

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

252 So. 3d 849

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587955

Published

grant those rules immunity to challenges under section 120.56, Florida Statutes. Chapter 120 does not

P.F-G v. Dept. of Education

252 So. 3d 304

District Court of Appeal of Florida | Filed: Jul 16, 2018 | Docket: 7531226

Published

rehabilitation proceedings, filed pursuant to section 120.56(4), Florida Statutes (2017). Appellant raises

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299

Published

of several enumerated provisions of the Act: section 120.56 (rule challenges), section 120.565 (declaratory

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

challenged the validity of an existing Rule under section 120.56(3), Florida Statutes (2009). Specifically,

K.M. v. Dept. of Health

237 So. 3d 1084

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 6248134

Published

petition. K.M. does not have standing under section 120.56(1)(a), Florida Statutes (2015), to assert her

Fraternal Order of Police, Miami Lodge No. 20 v. City of Miami

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240842

Published

context of an association’s rule challenges under section 120.56, Florida Statutes, where the association “is

Seminole Tribe of Florida v. Department of Environmental Protection

230 So. 3d 544

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171784

Published

challenge petitions”) as untimely filed pursuant to section 120,56(2)(a), Florida Statutes (2016). We reverse

Pinnacle Housing Group, LLC v. Florida Housing Finance Corp.

239 So. 3d 722

District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135794

Published

8 review this claim as section 120.56, Florida Statutes, provides a fully adequate

Florida Pulp & Paper Ass'n Environmental Affairs, Inc. v. Department of Environmental Protection

223 So. 3d 417, 2017 WL 2945601, 2017 Fla. App. LEXIS 9889

District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6087795

Published

The petition alleged that it was timely under section 120.56(2)(a) because it was filed “within 20 days

The School Board of Hernando v. Michelle Rhea, Theresa Butler

213 So. 3d 1032, 2017 WL 899897, 2017 Fla. App. LEXIS 3019

District Court of Appeal of Florida | Filed: Mar 7, 2017 | Docket: 4614410

Published

at the Division of Administrative Hearings. See § 120.56(4), Fla. Stat. Accordingly, to the extent that

The School Board of Hernando v. Michelle Rhea, Theresa Butler

District Court of Appeal of Florida | Filed: Mar 6, 2017 | Docket: 4614513

Published

the Division of Administrative Hearings. See § 120.56(4), Fla. Stat. Accordingly, to the extent that

John Goodman v. Florida Department of Law Enforcement

203 So. 3d 909, 2016 WL 3002178, 2016 Fla. App. LEXIS 7961

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071396

Published

petitioner to demonstrate that the rule is invalid. See § 120.56(3)(a), Fla. Stat. (2010); State Dep’t of Children

Thomas Saunders v. Florida Dept. of Children and Families

185 So. 3d 1298, 2016 WL 764718

District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039864

Published

judge in a proceeding conducted pursuant to section 120.56, Florida Statutes. However, because the underlying

William Looney v. Florida Dept. of Children and Families

185 So. 3d 1303

District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039861

Published

judge in a proceeding conducted pursuant to section 120.56, Florida Statutes. Consistent with our opinion

Department of Revenue v. Vanamburg

174 So. 3d 640, 2015 Fla. App. LEXIS 13989, 2015 WL 5512955

District Court of Appeal of Florida | Filed: Sep 21, 2015 | Docket: 60250448

Published

order authority (e.g., rule challenges under section 120.56, Florida Statutes), the DOAH clerk is not responsible

Florida Department of Children & Families v. S.B.

176 So. 3d 283, 2015 Fla. App. LEXIS 2121, 2015 WL 674941

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 60250913

Published

going through an administrative challenge under Section 120.56, Florida Statutes (2014). Under the circumstances

HOA Vuong, Mark Pebley, Robert McKenna v. Florida Department of Law Enforcement

149 So. 3d 174, 2014 Fla. App. LEXIS 17229, 2014 WL 5343506

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1419232

Published

challenged rule is on the petitioner. See § 120.56(l)(e), (8), Fla. Stat. (2012). Having heard the

G. B., Z.L., through his guardian K.L. v. Agency For Persons With Disabilities

143 So. 3d 454

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378014

Published

following the final public hearing. See § 120.56(2)(a), Fla. Stat. The iBudget Statute

Office of Insurance Regulation & Financial Services Commission v. Secure Enterprises, LLC

124 So. 3d 332, 2013 WL 5584266, 2013 Fla. App. LEXIS 16231

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60235451

Published

Appellee filed a rule challenge pursuant to section-120.56, Florida Statutes, in which it contended that

St. Johns River Water Management District v. Molica

83 So. 3d 765, 2011 Fla. App. LEXIS 13029, 2011 WL 3627412

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60306495

Published

been decided in a proceeding brought under section 120.56, Florida Statutes (2008), but the claim arguably

Office of Insurance Regulation v. Service Insurance Co.

50 So. 3d 637, 2010 Fla. App. LEXIS 17145, 2010 WL 4483716

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2398201

Published

reviewed the rule and declared it invalid. Section 120.56(3)(a), Florida Statutes (2008), sets forth

Community Health Charities v. State, Department of Management Services

961 So. 2d 372, 2007 Fla. App. LEXIS 11671, 2007 WL 2174909

District Court of Appeal of Florida | Filed: Jul 31, 2007 | Docket: 64851531

Published

challenged a rule, a proceeding countenanced by section 120.56, they may not proceed by the present consolidated

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

be given legal effect until invalidated in a section 120.56 rule challenge proceeding. The rule may be

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

rulemaking procedures of section 120.54(l)(a). See § 120.56(4), Fla. Stat. (2005). Because Myers presented

SCHOOL BOARD OF OSCEOLA COUNTY v. Department of Children and Family Services

933 So. 2d 1260, 2006 Fla. App. LEXIS 12244, 2006 WL 2040995

District Court of Appeal of Florida | Filed: Jul 24, 2006 | Docket: 2570340

Published

an administrative law judge dismissed their section 120.56(4), Florida Statutes, amended petition. Because

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

appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 (decisions

Department of Revenue v. Sheraton Bal Harbour Ass'n

864 So. 2d 454, 2003 Fla. App. LEXIS 19231, 29 Fla. L. Weekly Fed. D 25

District Court of Appeal of Florida | Filed: Dec 18, 2003 | Docket: 64827639

Published

repealed rule. The Department contends that section 120.56, Florida Statutes does not authorize a rule

Jenkins v. State

855 So. 2d 1219, 2003 Fla. App. LEXIS 15280, 2003 WL 22327076

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 64825716

Published

agency to go through the rule-making process. See, § 120.56(4)(e), Florida Statutes; Exclusive Inv. Mgmt.

Wilkinson v. Florida Fish & Wildlife Conservation Commission

853 So. 2d 1088, 2003 Fla. App. LEXIS 11387, 2003 WL 21729392

District Court of Appeal of Florida | Filed: Jul 28, 2003 | Docket: 64824919

Published

now asserts that he did not have standing for a § 120.56 rule challenge, it would appear that he was substantially

Carver v. State, Division of Retirement

848 So. 2d 1203, 2003 Fla. App. LEXIS 10129, 2003 WL 21510795

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823876

Published

presumptively valid until invalidated in a section 120.56 rule challenge, but expressly holding that

Osceola Fish Farm. Ass'n, Inc. v. Div., of Admin. Hear.

830 So. 2d 932, 2002 WL 31557666

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 471423

Published

agency statement as an unadopted rule under section 120.56, Florida Statutes. We affirm. The Association's

Jongewaard v. State

824 So. 2d 1009, 2002 Fla. App. LEXIS 12524, 2002 WL 1997979

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 64817157

Published

“presumptively valid until invalidated in a section 120.56 rule challenge.”). Id. at 1153. See also Mosley

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 (decisions

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 (decisions

Gove v. Florida Parole Com'n

816 So. 2d 1150, 2002 Fla. App. LEXIS 5466, 2002 WL 730732

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1753481

Published

"presumptively valid until invalidated in a section 120.56 rule challenge."). The petition for writ of

State, Board of Trustees of the Internal Improvement Trust Fund v. Day Cruise Ass'n

798 So. 2d 847, 2001 Fla. App. LEXIS 15599, 2001 WL 1344079

District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 64809834

Published

clear: a challenge to the proposed rule under section 120.56, Florida Statutes (1999). “Any person substantially

Board of Podiatric Medicine v. Florida Medical Ass'n

779 So. 2d 658, 2001 Fla. App. LEXIS 3430, 2001 WL 261596

District Court of Appeal of Florida | Filed: Mar 19, 2001 | Docket: 64804263

Published

legislative authority. The appellee initiated a section 120.56, Florida Statutes, rule challenge proceeding

Board of Trustees v. Support Terminals Operating Partnership, L.P.

776 So. 2d 337, 2001 Fla. App. LEXIS 432, 2001 WL 45252

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 64803237

Published

here clearly “results from” a proceeding under section 120.56, since the successful prosecution of a challenge

Johnson v. Department of Children & Families

771 So. 2d 601, 2000 Fla. App. LEXIS 15210, 2000 WL 1724985

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 64801766

Published

of attorney’s fees in a rule challenge under section 120.56(2), Florida Statutes. Further, the hearing

City of Winter Park v. Metropolitan Planning Organization for the Orlando Urban Area

765 So. 2d 797, 2000 Fla. App. LEXIS 10187, 2000 WL 1090728

District Court of Appeal of Florida | Filed: Aug 7, 2000 | Docket: 64799869

Published

569(2)(e), applicable to proceedings under section 120.56, requires that, in the event a petition is

State Department of Insurance v. Florida Bankers Ass'n

764 So. 2d 660, 2000 WL 628005

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1516407

Published

Challenges to proposed agency rules pursuant to section 120.56(2).If the court or administrative law judge

Aloha Utilities, Inc. v. Public Service Commission

723 So. 2d 919, 1999 Fla. App. LEXIS 165, 1999 WL 10018

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 64785299

Published

threshold pleading requirements laid down by section 120.56(4)(a), Florida Statutes (1997), we reverse

Savona v. Agency for Health Care Administration

717 So. 2d 1120, 1998 Fla. App. LEXIS 12304, 1998 WL 658395

District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 64782916

Published

the entry of the final order, as required by section 120.56(4)(e), Florida Statutes. Therefore, we REVERSE

Security Mutual Life Insurance Co. of Lincoln v. Department of Insurance & State Treasurer

707 So. 2d 929, 1998 Fla. App. LEXIS 2413, 1998 WL 107291

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 64779719

Published

Security Mutual’s petition alleging, under section 120.56(4), Florida Statutes (1997), that section 120

Beverly Health & Rehabilitative Services, Inc. v. Agency for Health Care Administration

708 So. 2d 616, 1998 Fla. App. LEXIS 2142, 1998 WL 94158

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779932

Published

Advantage Therapy and Nursing Center, pursuant to section 120.56(1), Florida Statutes (1995), appellant filed

Indiaan v. Department of Professional Regulation, Board of Chiropractic

695 So. 2d 709, 1995 Fla. App. LEXIS 12945

District Court of Appeal of Florida | Filed: Dec 18, 1995 | Docket: 64774257

Published

petitions pursuant to section 120.54(4) and section 120.56(1), Florida Statutes (1993), challenging the

Department of Revenue v. Zurich Ins. Co.

667 So. 2d 365, 1995 Fla. App. LEXIS 12115, 1995 WL 680444

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 137374

Published

case began as a rule challenge pursuant to section 120.56, Florida Statutes, and as such was a quasi-judicial

Cross v. Department of Health & Rehabilitative Services

658 So. 2d 1139, 1995 Fla. App. LEXIS 8145, 1995 WL 449564

District Court of Appeal of Florida | Filed: Aug 1, 1995 | Docket: 64758134

Published

presumptively valid until invalidated in a section 120.56 rule challenge). Accordingly, the orders appealed

Merritt v. Department of Business & Professional Regulation, Board of Chiropractic

654 So. 2d 1051, 1995 Fla. App. LEXIS 5453, 1995 WL 307029

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64756211

Published

Board of Chiropractic (Board) pursuant to section 120.56, Florida Statutes (1993) asserting all the

Merritt v. Department of Business & Professional Regulation, Board of Chiropractic

654 So. 2d 1051, 1995 Fla. App. LEXIS 5453, 1995 WL 307029

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64756211

Published

Board of Chiropractic (Board) pursuant to section 120.56, Florida Statutes (1993) asserting all the

Department of Education v. Rushton

638 So. 2d 100, 1994 Fla. App. LEXIS 4693, 1994 WL 190021

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 64749063

Published

challenge the unions commenced pursuant to section 120.56, Florida Statutes. Because the attorneys did

Hillhaven Corp. v. Department of Health & Rehabilitative Services

625 So. 2d 1299, 1993 Fla. App. LEXIS 11185

District Court of Appeal of Florida | Filed: Nov 1, 1993 | Docket: 64743816

Published

Statutes (1989), and their rule challenges under Section 120.56, Florida Statutes (1989), into one proceeding

Manning v. State, Department of Corrections

611 So. 2d 617, 1993 Fla. App. LEXIS 160

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 64693259

Published

under section 120.54(4), Florida Statutes, and section 120.56, Florida Statutes. These appeals were pending

Department of Corrections v. Van Poyck

610 So. 2d 1333, 1992 Fla. App. LEXIS 13136, 1992 WL 383036

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64693106

Published

Respondent below, appealed a final order following a section 120.56, Florida Statutes (1991), proceeding, in which

Roy v. Florida Department of Corrections

600 So. 2d 544, 1992 Fla. App. LEXIS 6546, 1992 WL 131895

District Court of Appeal of Florida | Filed: Jun 17, 1992 | Docket: 64668020

Published

validity of Rule 33-3.006(l)(b) pursuant to section 120.56, Florida Statutes. Therefore, while we express

Halpin v. Department of Corrections

599 So. 2d 288, 1992 Fla. App. LEXIS 6259, 1992 WL 126589

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 64667600

Published

Appellant, an indigent prisoner, filed under Section 120.56, Florida Statutes, a challenge to certain provisions

Lee v. State Department of Transportation

596 So. 2d 802, 1992 Fla. App. LEXIS 4257, 1992 WL 69052

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 64666555

Published

appellant had failed to file a rule challenge under Section 120.56, Florida Statutes (1989). He therefore concluded

State, Department of Health & Rehabilitative Services v. Health Care & Retirement Corp. of America

593 So. 2d 539, 1992 Fla. App. LEXIS 507, 1992 WL 10879

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64665250

Published

than property costs.1 The rule challenge under section 120.56, Florida Statutes (1989), was consolidated

Bowe v. Florida Department of Corrections

582 So. 2d 92, 1991 Fla. App. LEXIS 6110, 1991 WL 115195

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 64659989

Published

of Administrative Hearings dismissing, under section 120.56(2), Florida Statutes (1989), his petition challenging

Van Poyck v. Florida Department of Corrections

580 So. 2d 319, 1991 Fla. App. LEXIS 4767, 1991 WL 87662

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 64659000

Published

of Administrative Hearings dismissing, under section 120.56(2), Florida Statutes (1989), his petition challenging

United Health, Inc. v. Department of Health & Rehabilitative Services

579 So. 2d 342, 1991 Fla. App. LEXIS 4384, 1991 WL 75547

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 64658645

Published

monetary relief which is not available in a section 120.56 proceeding. Greynolds Park Manor v. Department

Ramadanovic v. Florida Department of Corrections

579 So. 2d 332, 1991 Fla. App. LEXIS 4613, 1991 WL 75567

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 64658638

Published

further proceedings on the petition pursuant to section 120.56(2), Florida Statutes (1989). NIMMONS and MINER

Bass v. Florida Department of Corrections

575 So. 2d 810, 1991 Fla. App. LEXIS 2252, 1991 WL 35447

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 2380553

Published

rules without assigning a hearing officer. See § 120.56(2), Fla. Stat. (1989). We find that the order

Ramadanovic v. DEPT. OF CORRECTIONS

575 So. 2d 1333, 1991 Fla. App. LEXIS 1788, 1991 WL 27181

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 1731146

Published

the dismissal of his petition, pursuant to section 120.56(1), Florida Statutes (1989), which sought a

J.B. Coxwell Contracting, Inc. v. State, Department of Transportation

580 So. 2d 621, 1991 Fla. App. LEXIS 1234, 1991 WL 17928

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 64659175

Published

determine the invalidity of the rule pursuant to Section 120.56. Approximately a week later the Department

Hendrix v. Florida Department of Corrections

574 So. 2d 195, 1991 Fla. App. LEXIS 420, 1991 WL 5002

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 64656311

Published

a “substantially affected individual” under section 120.56, Fla. Stat., that the petition challenged the

Hendrix v. Florida Department of Corrections

574 So. 2d 195, 1991 Fla. App. LEXIS 420, 1991 WL 5002

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 64656311

Published

a “substantially affected individual” under section 120.56, Fla. Stat., that the petition challenged the

Diaz v. Florida Department of Corrections

519 So. 2d 41, 13 Fla. L. Weekly 134, 1988 Fla. App. LEXIS 54, 1988 WL 794

District Court of Appeal of Florida | Filed: Jan 5, 1988 | Docket: 64632178

Published

945.10. Appellant then filed a petition under section 120.56, Florida Statutes, contending the rule was

Carr v. Florida Parole & Probation Commission

510 So. 2d 995, 12 Fla. L. Weekly 1667, 1987 Fla. App. LEXIS 9178

District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 64628719

Published

review of an administrative order entered in a section 120.56, Florida Statutes, rule challenge proceeding

DEPT. OF PROFESSIONAL REG. v. Yolman

508 So. 2d 468, 12 Fla. L. Weekly 1366

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1648965

Published

under section 120.54(3), (4), (5), or (9) or section 120.56 and may seek judicial review of those proceedings

Adams v. Barton

507 So. 2d 665, 12 Fla. L. Weekly 1177, 1987 Fla. App. LEXIS 8166

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 64627324

Published

IOP’s are not rules subject to challenge under section 120.56, Florida Statutes (1985). Department of Corrections

Moorehead v. Department of Professional Regulation, Board of Psychological Examiners

503 So. 2d 1318, 12 Fla. L. Weekly 713, 1987 Fla. App. LEXIS 12005

District Court of Appeal of Florida | Filed: Mar 5, 1987 | Docket: 64625855

Published

and filed a challenge to the rule pursuant to section 120.56, Florida Statutes, (Case No. BL-157). Following

State, Department of Transportation v. Hendry Corp.

500 So. 2d 218, 11 Fla. L. Weekly 2408, 1986 Fla. App. LEXIS 10657

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 64624099

Published

Administrative Code. They argued that since no Section 120.56 rule challenge petition had been filed, the

Moultrie v. Florida Department of Corrections

496 So. 2d 191, 11 Fla. L. Weekly 2144, 1986 Fla. App. LEXIS 10075

District Court of Appeal of Florida | Filed: Oct 13, 1986 | Docket: 64622358

Published

in full. In February 1986 Moultrie initiated a § 120.56, Fla.Stat. proceeding challenging the validity

Greynolds Park Manor, Inc. v. Department of Health & Rehabilitative Services

491 So. 2d 1157, 11 Fla. L. Weekly 1224, 1986 Fla. App. LEXIS 8095

District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 64620796

Published

determination of the invalidity of a rule, pursuant to Section 120.56, Florida Statutes (1985). We reverse and remand

Federation of Mobile Home Owners of Florida, Inc. v. Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

479 So. 2d 252, 10 Fla. L. Weekly 2697, 1985 Fla. App. LEXIS 17146

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 64615887

Published

involved a challenge to an agency rule under section 120.-56. In that case the Florida Supreme Court held

Cribbs v. Department of Corrections

470 So. 2d 757, 1985 Fla. App. LEXIS 14511

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 64612555

Published

procedure are not rules subject to challenge under section 120.56, Florida Statutes (1983), Department of Corrections

Shared Services, Inc. v. State, Department of Health & Rehabilitative Services

438 So. 2d 911, 1983 Fla. App. LEXIS 21815

District Court of Appeal of Florida | Filed: Sep 26, 1983 | Docket: 64599983

Published

right to challenge the existing rules under Section 120.56, Florida Statutes (1981). MILLS, SHIVERS and

Association of Condominiums, Inc. v. Department of Revenue

431 So. 2d 748, 1983 Fla. App. LEXIS 19844

District Court of Appeal of Florida | Filed: May 26, 1983 | Docket: 64597113

Published

exhaust its administrative remedies pursuant to section 120.56(1), Florida Statutes (1981). That section permits

Hillsborough County Environmental Protection Commission v. Williams

426 So. 2d 1285, 1983 Fla. App. LEXIS 18653

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595178

Published

Administrative Hearings (DOAH), respondent, pursuant to section 120.56, Florida Statutes (1981), challenging the noise

Nelson v. Department of Agriculture & Consumer Services

424 So. 2d 860, 1982 Fla. App. LEXIS 21753

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 64594500

Published

sustained against Nelson’s rule challenge, section 120.56, Florida Statutes (1979), rules of the Department

Adams v. Florida Parole & Probation Commission

422 So. 2d 953, 1982 Fla. App. LEXIS 21598

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 64593726

Published

Correctional Institution, appeal the dismissal of their § 120.56, Fla.Stat. (1981), action challenging the Florida

Florida Electric Power Coordinating Group, Inc. v. County of Manatee

417 So. 2d 752, 1982 Fla. App. LEXIS 20574

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 64591515

Published

petitioners’ standing to intervene in the proceeding. Section 120.56(5) states: Hearings held under this provision

Cook v. Florida Parole & Probation Commission

415 So. 2d 845, 1982 Fla. App. LEXIS 20338

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 64590725

Published

MILLS, Judge. Cook appeals the dismissal of a Section 120.56, Florida Statutes (1981), challenge to the

Gore Newspaper Co. v. Department of Revenue

398 So. 2d 945, 1981 Fla. App. LEXIS 19795

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64582818

Published

-34(3), Florida Administrative Code, pursuant to Section 120.56, Florida Statutes (1975). The proceedings were

Hunter v. Florida Department of Corrections

390 So. 2d 1227, 1980 Fla. App. LEXIS 18187

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579112

Published

appellant has neglected a clear point of entry to § 120.56 proceedings by filing a rule challenge before

Bowling v. Florida Department of Corrections

389 So. 2d 1031, 1980 Fla. App. LEXIS 18038

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 64578646

Published

appellant has neglected a clear point of entry to Section 120.56 proceedings by filing a rule challenge before

Douglas v. Florida Department of Corrections

388 So. 2d 587

District Court of Appeal of Florida | Filed: Aug 26, 1980 | Docket: 64578252

Published

appellant has neglected a clear point of entry to Section 120.56 proceedings by filing a rule challenge before

Florida Department of Education v. Florida Education Ass'n/United

378 So. 2d 893, 1979 Fla. App. LEXIS 16282

District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573724

Published

(DOE) appeals from an order entered after a Section 120.56 proceeding, initiated by appellee (FEA/United)

State, Department of Health & Rehabilitative Services v. Professional Firefighters of Florida, Inc.

366 So. 2d 1276, 1979 Fla. App. LEXIS 14168

District Court of Appeal of Florida | Filed: Feb 9, 1979 | Docket: 64568359

Published

respondents’ rule-challenge petition pursuant to § 120.56, Fla. Stat. (1977). Respondents contend that the

Freeport Sulphur Co. v. Landers

362 So. 2d 466

District Court of Appeal of Florida | Filed: Sep 18, 1978 | Docket: 64566015

Published

Statutes, 1977, they challenged the rule in Section 120.56 proceedings. The hearing officer found Rule

Neff v. Biltmore Construction Co.

362 So. 2d 442, 23 Wage & Hour Cas. (BNA) 1041, 1978 Fla. App. LEXIS 17216

District Court of Appeal of Florida | Filed: Sep 7, 1978 | Docket: 64566003

Published

wage rate determinations within the meaning of Section 120.56, Florida Statutes (1977). We need not reach

Silver Springs Shores, Inc. v. Florida Department of Revenue

366 So. 2d 1182, 1978 Fla. App. LEXIS 17260

District Court of Appeal of Florida | Filed: May 25, 1978 | Docket: 64568320

Published

delegated legislative authority following a Section 120.56 proceeding. The evidence adduced at the hearing

State Department of Health & Rehabilitative Services v. Barr

359 So. 2d 503, 1978 Fla. App. LEXIS 16071

District Court of Appeal of Florida | Filed: May 18, 1978 | Docket: 64564818

Published

respondents’ rule-challenge petition pursuant to Section 120.56, Florida Statutes (1977). Respondents contend

Dairy Service Corp. v. State, Department of Citrus

340 So. 2d 1223, 1976 Fla. App. LEXIS 15825

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 64556522

Published

Dairy Service Corporation for hearings under Section 120.56 and 120.57 was not a request for a “declaratory

Pasco County School Board v. Public Employees Relations Commission

336 So. 2d 483, 1976 Fla. App. LEXIS 15350

District Court of Appeal of Florida | Filed: Aug 23, 1976 | Docket: 64554772

Published

determination of the invalidity of a rule by Section 120.56, F.S. (1975), it is, of course, PERC’s responsibility

State, Department of Administration, Division of Personnel v. State, Department of Administration, Division of Administrative Hearings

326 So. 2d 187, 1976 Fla. App. LEXIS 14266

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 64552257

Published

or invalidity of a rule on grounds specified in § 120.56(2) is an “order” as that term is defined in the