The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 120.56(3)(a), Fla. Stat. . . . . § 120.56(2)(a), Fla. Stat.; Fla. Bd. of Med. v. Fla. . . . contravenes the specific provisions of ... the language of the enabling statute." §§ 120.52(8)(c), (9), 120.56 . . . See § 120.56(2)(c), Fla. Stat. . . . See § 120.56(1), Fla. Stat. To date, the unit cost cap has not been exceeded. . . .
. . . See § 120.56(4), Fla. Stat. . . . describes the procedure or practice requirements of an agency" is considered a "rule." §§ 120.52(16), 120.56 . . . correctly dismissed Appellant's Petition to Determine Invalidity of Agency Statement filed under section 120.56 . . .
. . . In an appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 . . . (i) In an appeal from any proceeding conducted pursuant to section 120.56, Florida Statutes, the record . . .
. . . amended by the agency," this statute does not grant those rules immunity to challenges under section 120.56 . . . As rules "in effect" are still subject to challenge pursuant to section 120.56(3), it follows that "enforceable . . . that a legislative mandate that certain rules are "in effect" does not render them immune from section 120.56 . . . the invalidity of an existing rule may be filed at any time during which the rule is in effect." § 120.56 . . .
. . . challenging the use of an unadopted rule in vocational rehabilitation proceedings, filed pursuant to section 120.56 . . . According to section 120.56, Florida Statutes (2017) ; Any person substantially affected by an agency . . .
. . . In his DOAH petition, Goodman challenged the validity of an existing Rule under section 120.56(3), Florida . . . of the evidence that the existing rule is an invalid exercise of delegated legislative authority." § 120.56 . . .
. . . K.M. does not have standing under section 120.56(1)(a), Florida Statutes (2015), to assert her challenge . . . of Proposed Rule (the "Petition") with the Division of Administrative Hearings pursuant to section 120.56 . . . the rule on the ground that the rule is an invalid exercise of delegated legislative authority." § 120.56 . . .
. . . standing doctrine applies primarily in the context of an association’s rule challenges under section 120.56 . . . Home Builders, the Florida Supreme Court clarified that “the only issue to be resolved in a section 120.56 . . . (1) proceeding is whether an agency rule is valid,” and noted that a section 120.56(1) proceeding “does . . .
. . . The Proposed Repeal Was a Rule Section 120.56(1) permits “[a]ny person substantially affected by a rule . . . the rule on the ground that the' rule is an invalid exercise of delegated legislative authority.” § 120.56 . . .
. . . argued that the rule challenge petitions were timely because they were filed, as required by section 120.56 . . . challenge petitions were timely filed pursuant to a separate "point of entry” set forth in section 120.56 . . .
. . . We decline to review this claim as section 120.56, Florida Statutes, provides a fully adequate, and therefore . . .
. . . The petition alleged that it was timely under section 120.56(2)(a) because it was filed “within 20 days . . . By doing so, the Department triggered the third point of entry in section 120.56(2)(a). . . . See § 120.56(l)(a) (“Any person substantially affected by ... a proposed rule may seek an administrative . . . Cfi § 120.56(2)(a), Fla. Stat. . . . This argument ignores the fact that the points of entry listed in section 120.56(2)(a) are separated . . .
. . . respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.56 . . .
. . . See § 120.56(4), Fla. Stat. . . .
. . . See § 120.56(3)(a), Fla. Stat. (2010); State Dep’t of Children & Family Servs. v. . . .
. . . Saunders was required to challenge the Department’s decision in a proceeding pursuant, section 120.56 . . . Section 120.56 does not provide the.exclusive means for a party to raise an argument that an agency is . . . on the statement as a basis for agency action. § 120.56(4)(d), Fla. . . . Section 120.57(l)(e), unlike section'120.56/provides immediate relief. . . . Under section 120.56, if an agency initiates rulemaking to adopt the challenged policy statement, the . . .
. . . argument must be raised before an administrative law judge in a proceeding conducted pursuant to section 120.56 . . .
. . . argument must be raised before an administrative law judge in a proceeding conducted pursuant to section 120.56 . . .
. . . and unlike other cases in which ALJs have final order authority (e.g., rule challenges under section 120.56 . . .
. . . validity of the rule without the issue first going through an administrative challenge under Section 120.56 . . .
. . . See § 120.56(l)(e), (8), Fla. Stat. (2012). . . .
. . . See § 120.56(2)(a), Fla. Stat. . . .
. . . See § 120.56, Fla. Stat. (2012). . . . fjailure to proceed under this section shall not constitute failure to exhaust administrative remedies.” § 120.56 . . . Florida Statutes, and Chapters 65A-1, 65A-2 and 65A-4 of the Florida Administrative Code. .Section 120.56 . . .
. . . . § 120.56(4)(b), Fla. . . .
. . . See § 120.56(1)(e), Fla. Stat. . . . See § 120.56(4), Fla. Stat. . . .
. . . In May 2012, Appellee filed a rule challenge pursuant to section-120.56, Florida Statutes, in which it . . . Pursuant to section 120.56, Florida Statutes, “Any person substantially affected by a rule or a proposed . . . officer's conclusion that certain appellees had standing to- maintain the rule challenge under section 120.56 . . .
. . . Section 120.56(l)(a), Florida Statutes (2012), provides that “[a]ny person substantially affected by . . .
. . . Four existing trauma centers in the State of Florida brought a rule challenge pursuant to sections 120.56 . . .
. . . Invalidity of Agency Statements with the Division of Administrative Hearings as authorized by section 120.56 . . . (4), provides as follows: (4) Challenges to agency action pursuant to section 120.56(4).— (a) If the . . . Notice to the agency may be satisfied by its receipt of a copy of the s. 120.56(4) petition, a notice . . . In a challenge to an agency action under section 120.56(4), paragraph (b) provides that, upon notice . . . Our interpretation of section 120.56(4) is further supported by its Legislative history. . . .
. . . & Parking ($48.00)_ $ 996.89 $ 493.44 8/5/2011 Fred Roitz Westin Hotel-3 nights ($914.41) _& Food ($120.56 . . .
. . . This issue should have been decided in a proceeding brought under section 120.56, Florida Statutes (2008 . . .
. . . .” § 120.56(l)(a), Fla. Stat. (2010). . . . judge (ALJ) must hold a hearing on the petition challenging the rule within a specified timeframe. § 120.56 . . . invalid, the proposed rule may not be adopted unless the ALJ’s determination is reversed on appeal. § 120.56 . . . See, e.g., § 120.56, Fla. Stat. (2010); § 120.68(1), Fla. Stat. (2010). . . . existing rule is partially or wholly invalid, the rule is void after the time for appeal expires. § 120.56 . . .
. . . a duly promulgated administrative rule, although presumptively valid until invalidated in a section 120.56 . . .
. . . Section 120.56(3)(a), Florida Statutes (2008), sets forth the parameters of an ALJ’s jurisdiction to . . . determination of the invalidity of an existing rule at any time during the existence of the rule.” § 120.56 . . . While this holding may be a good policy, it does not reflect the plain language of section 120.56(3), . . . See § 120.56(3)(a) (“A substantially affected person may seek an administrative determination of the . . .
. . . Section 120.56 Proceeding This proceeding began on August 17, 2007, when Mylan filed a petition seeking . . . Subsection 120.56(l)(a), Florida Statutes (2007), provides that “[a]ny person substantially affected . . . Further, Abbott argues that the plain language of section 120.56(3)(b) states that the rule becomes void . . . Society of Ophthalmology, 538 So.2d 878, 889 (Fla. 1st DCA 1988): The statutory scheme [of section 120.56 . . . Applying the underlying section 120.56(3) to this case, we hold that rule 21Q-10.001, which was held . . .
. . . that rule 68D-23.105(l)(b) is invalid, the argument must be made in a proceeding pursuant to section 120.56 . . . 120.52(7) defines a final order as a written final decision which results from a proceeding under s. 120.56 . . .
. . . If the appeal is of an order rendered in a proceeding initiated under s. 120.56, the agency whose rule . . .
. . . Accordingly, the supreme court enunciated the following: To meet the requirements of section 120.56(1 . . .
. . . On September 19, 2007, a petition styled “Rule Challenge Petition Pursuant to 120.56(4)” was filed with . . .
. . . a petition with the appropriate agency, “[ejxcept for any proceeding conducted as prescribed by s. 120.56 . . . Department argues that because petitioners have challenged a rule, a proceeding countenanced by section 120.56 . . . Contrary to the Department’s argument, this is not simply a proceeding as prescribed in section 120.56 . . . See § 120.56(l)(c), Fla. Stat. (2005). . . .
. . . presumptively valid, or merely voidable, and must be given legal effect until invalidated in a section 120.56 . . .
. . . See § 120.56(4), Fla. Stat. (2005). . . . presented a prima facie challenge alleging policy F-24 to be a non-rule policy, pursuant to section 120.56 . . .
. . . substantial evidence factual findings made by an administrative law judge in a rule challenge under section 120.56 . . .
. . . The appellants challenge a final order by which an administrative law judge dismissed their section 120.56 . . .
. . . 120.57(2) applies in all other cases. ... (2)(a) Except for any proceeding conducted as prescribed in s. 120.56 . . .
. . . Appellee Richard Merritt, a licensed chiropractor, initiated the underlying section 120.56, Florida Statutes . . . Department during its rulemaking proceedings as well as evidence presented for the first time at the section 120.56 . . . 120.52(8) so as to eliminate the former subsection (f) and, in the same chapter law, amended section 120.56 . . . Department during its rulemaking proceedings or was presented for the first time during the section 120.56 . . .
. . . Section 120.56, Florida Statutes (2004), allows any person who is substantially affected by a rule or . . .
. . . (A) In an appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections . . . This subdivision of the rule governs the record from proceedings conducted pursuant to section 120.56 . . . This is because section 120.56(l)(e), Florida Statutes, states that hearings under section 120.56, Florida . . .
. . . Stat § 120.56(3), to determine the validity of the above rule. On August 27, 2004, Judge Susan B. . . .
. . . (A) In an appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections . . . This subdivision of the rule governs the record from proceedings conducted pursuant to section 120.56 . . . This is because section 120.56(l)(e), Florida Statutes, states that hearings under section 120.56, Florida . . .
. . . See § 120.56, Fla. Stat. (2003). . . .
. . . See § 120.56(l)(a), Fla. Stat. (2002). . . .
. . . Section 120.56(l)(c), Florida Statutes (2000), provides: The failure of an agency to follow the applicable . . .
. . . proceeding will deem controlling duly promulgated administrative rules never challenged under section 120.56 . . . Willis, 344 So.2d 580, 592 (Fla. 1st DCA 1977) (“[P]rovisions [now codified at section 120.56(1)(e) ] . . .
. . . fact, the statutory subsection in question governs “CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56 . . . Section 120.56(4)(a), of course, provides, “Any person substantially affected by an agency [non-rule] . . . “shall immediately discontinue all rebanee upon the statement ... as a basis for agency action.” § 120.56 . . . intent in devising a statute to allow attorney’s fees for successful challenges based upon section 120.56 . . . well as any fees incurred in proving entitlement to attorney’s fees for efforts beyond the section 120.56 . . .
. . . The Department contends that section 120.56, Florida Statutes does not authorize a rule challenge to . . .
. . . duly promulgated administrative rule, although ‘presumptively valid until invalidated in a section 120.56 . . .
. . . The petitioners brought the rule challenge pursuant to section 120.56(l)(a), Florida Statutes (1999), . . . court’s restriction on the standing of associations is an excessively narrow construction of section 120.56 . . . that a trade or professional association should be able to institute a rule challenge under section 120.56 . . . To meet the requirements of section 120.56(1), an association must demonstrate that a substantial number . . . As in Florida Home Builders, we conclude the First District has again construed section 120.56(1) too . . . The present case is a rule challenge brought pursuant to section 120.56(l)(a), Florida Statutes (1999 . . . This brings into focus the question of whether those rules can be challenged in accord with section 120.56 . . . Secondary to this question is the question posed by petitioners as to what, if section 120.56 does not . . .
. . . See, § 120.56(4)(e), Florida Statutes; Exclusive Inv. Mgmt. & Consultants, Inc. v. . . . Section 120.56(4)(e), states that an agency “shall be permitted to rely upon” an unpromul-gated rule, . . . [I]t becomes clear that the purpose of a section 120.56(4) proceeding is to force or require agencies . . . 120.56(4) proceeding (and presumably attorney’s fees and costs) if, prior to entry of a final order . . . Section 120.56(4)(e) was revised by chapter 2003-94, Laws of Florida. . . .
. . . And while the appellant now asserts that he did not have standing for a § 120.56 rule challenge, it would . . . appear that he was substantially affected by the rule so as to be accorded standing under section 120.56 . . . appellant did not present a basis for bypassing the administrative remedy available through a section 120.56 . . .
. . . recognizing the proposition that an administrative rule is presumptively valid until invalidated in a section 120.56 . . .
. . . order denying its amended petition challenging an agency statement as an unadopted rule under section 120.56 . . . The Association argues that an agency’s compliance with section 120.56(4)(e) does not moot the issues . . . presented in a section 120.56(4) proceeding. . . . of a section 120.56(4) proceeding is to force or require agencies into the rule adoption process. . . . Because the ALJ found in this 120.56(4) proceeding that the District complied with section 120.56(4)( . . .
. . . holding a duly promulgated administrative rule is “presumptively valid until invalidated in a section 120.56 . . .
. . . (A)In an appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections . . . This subdivision of the rule governs the record from proceedings conducted pursuant to section 120.56 . . . This is because section 120.56(l)(e), Florida Statutes, states that hearings under section 120.56, Florida . . .
. . . Section 120.56 permits a person “substantially affected” by a rule to seek an administrative determination . . . See § 120.56, Fla. Stat. (2001). . . .
. . . See §§ 120.56, 120.57, and 499.066(5), Fla. Stat. (2002); White Constr. Co., Inc. v. . . .
. . . holding a duly promulgated administrative rule is “presumptively valid until invalidated in a section 120.56 . . .
. . . Appellants immediately filed a petition pursuant to section 120.56, Florida Stát-utes (1999), challenging . . . Section 120.56(l)(a), Florida Statutes (1999), states that only those who are “substantially affected . . . professional associations have standing in certain circumstances to challenge, pursuant to section 120.56 . . . ), Florida Statutes, an agency rule on behalf of their members: To meet the requirements of section 120.56 . . . To establish standing for purposes of section 120.56(1), the Garvins were both obliged to demonstrate . . . This right is not limited to persons “substantially affected” under section 120.56(l)(a), Florida Statutes . . .
. . . Section 120.56(l)(a), Florida Statutes (1999), provides that “[a]ny person substantially affected by . . . professional associations have standing in certain circumstances to challenge, pursuant to section 120.56 . . . CHALLENGE ANALYSIS The petitioner has the burden of going forward in a rule challenge proceeding. § 120.56 . . . have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56 . . . the legislature intended that any “substantially affected” person (as that term is used in section 120.56 . . .
. . . the procedural course open to Day Cruise was clear: a challenge to the proposed rule under section 120.56 . . . the rule on the ground that the rule is an invalid exercise of delegated legislative authority.” § 120.56 . . .
. . . (Day Cruise) raised the question in a rule challenge brought under section 120.56(2), Florida Statutes . . .
. . . Section 120.56(4)(a), Florida Statutes (2000), provides, “Any person substantially affected by an agency . . . Furthermore, pursuant to section 120.56(l)(a), Florida Statutes (2000), “Any person substantially affected . . . Thus, both sections 120.68 and 120.56 set forth administrative remedies which Appellees failed to exhaust . . .
. . . The appellee initiated a section 120.56, Florida Statutes, rule challenge proceeding contesting the validity . . .
. . . 2000), defines a “final order” as “a written final decision which results from a proceeding under s. 120.56 . . . .... ” The order at issue here clearly “results from” a proceeding under section 120.56, since the successful . . . prosecution of a challenge to a proposed rule pursuant to section 120.56(2) is a necessary precondition . . .
. . . parties filed numerous petitions for administrative proceedings pursuant to sections 120.535, 120.54, and 120.56 . . . However, as noted in Consolidated-Tomoka, section 120.56(2)(a), Florida Statutes (Supp.1996), was amended . . . and the reasons that the proposed rule is an invalid exercise of delegated legislative authority.” § 120.56 . . . The court in Consolidated-Tomoka concluded that “[njothing in section 120.56(2) requires the agency to . . . The court noted that the burden of persuasion in a challenge to an agency statement under section 120.56 . . .
. . . terms, section 120.595(2) authorizes an award of attorney’s fees in a rule challenge under section 120.56 . . .
. . . (A) In an appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections . . . This subdivision of the rule governs the record from proceedings conducted pursuant to section 120.56 . . . This is because section 120.56(l)(e), Florida Statutes, states that hearings under section 120.56, Florida . . .
. . . substantially affected by the Florida Rule, and therefore has standing to challenge its validity under section 120.56 . . .
. . . Section 120.569(2)(e), applicable to proceedings under section 120.56, requires that, in the event a . . .
. . . 120.595(2), Florida Statutes (1999), provides: Challenges to proposed agency rules pursuant to section 120.56 . . . administrative law judge declares a proposed rule or portion of a proposed rule invalid pursuant to s. 120.56 . . .
. . . See § 120.56(3), Fla. Stat. (1997). . . .
. . . Section 120.56(1), Florida Statutes (1997), sets forth the procedures for challenging the validity, of . . . Section 120.56(l)(a) provides that “[a]ny person substantially affected by a rule or a proposed rule . . .
. . . .1992)), prisoners have been forbidden to maintain challenges to administrative rules under section 120.56 . . . of the kind available when a party who is not a prisoner challenges an existing rule under section 120.56 . . .
. . . substantially affected by an agency statement not adopted as a rule, may file a petition under section 120.56 . . .
. . . Under section 120.56(1) and (2), Florida Statutes (Supp.1996), Messrs. . . .
. . . Aloha’s and FWA’s amended petition did not meet threshold pleading requirements laid down by section 120.56 . . . Section 120.56(4)(a) imposes specific pleading requirements for petitions challenging agency statements . . . that the agency has not adopted the statement by the rulemaking procedure provided by s. 120.54. § 120.56 . . . Schluter was challenging under section 120.56(4), Florida Statutes (Supp.1996). . . . of procedure challenged, to “include the text of the statement or a description of the statement,” § 120.56 . . .
. . . nor published notice of a proposed rule prior to the entry of the final order, as required by section 120.56 . . .
. . . See § 120.56(l)(a), Fla. Stat. (Supp.1996). . . . The ALJ concluded that the amended provisions of section 120.56(2), Florida Statutes (Supp.1996), placing . . .
. . . Florida Statutes section 120.56(2)(c) provides that in a rule challenge proceeding, the proposed rule . . . rule is not an invalid exercise of delegated legislative authority as to the objections raised.” § 120.56 . . . In the instant case, the order of the ALJ states: “Section 120.56(2), Florida Statutes, ... requires . . .
. . . (3), as well as a proceeding to challenge an agency statement defined as a rule, see section 120.56(4 . . . ), the burden of persuasion is now reversed in a proceeding under section 120.56(2) to challenge a proposed . . . According to section 120.56(2)(c) Florida Statutes (Supp.1996), a proposed rule is “not presumed to be . . . However, section 120.56(2)(a) Florida Statutes (Supp.1996), plainly requires the agency to establish . . . Nothing in section 120.56(2) requires the agency to carry the burden of presenting evidence to disprove . . .
. . . proving that a proposed rule is not an invalid exercise of delegated legislative authority under section 120.56 . . .
. . . Hood’s decision, Environmental Trust and five other investment companies filed petitions under section 120.56 . . . is no longer available, but that does not render the rule “invalid” as that term is used in section 120.56 . . . Consequently, we reverse the final order by Administrative Law Judge Ruff in the proceeding under section 120.56 . . .
. . . appeals dismissal of the rule challenge he brought against his employer under sections 120.535 and 120.56 . . .
. . . guidelines establish a meaningful range of penalties and may also challenge such rules pursuant to s. 120.56 . . .
. . . The final order under review granted in part Security Mutual’s petition alleging, under section 120.56 . . . include exceptions not applicable here) provides: (4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56 . . .
. . . respect to its facility doing business as Advantage Therapy and Nursing Center, pursuant to section 120.56 . . . 4.128 constitutes an invalid exercise of delegated legislative authority as contemplated by section 120.56 . . . the instant proceeding is not, however, a proper challenge to the validity of a rule under section 120.56 . . . however, is without prejudice to appellant seeking appropriate relief in proceedings under sections 120.56 . . .
. . . 120.54, Florida Statutes (Supp.1996), or its predecessors — cannot withstand challenge under section 120.56 . . . statements made by an agency in circumvention of rule-making requirements justify the grant of a section 120.56 . . . Even though the original petition was filed earlier, section 120.56, Florida Statutes (Supp.1996), has . . . Straughn nor .Matthews arose from administrative challenges to illicit rules brought under section 120.56 . . . never actually "states” should be deemed an unpromulgated rule susceptible to challenge under section 120.56 . . .
. . . court,” the Department argues that, because no rule challenge proceeding was instituted under section 120.56 . . . pursuant to this section [120.68], except to review an order entered pursuant to a proceeding under s. 120.56 . . . statutory construction that amounts to passing on the validity of a rule not challenged in a section 120.56 . . . must give an administrative rule effect, unless it has been invalidated in proceedings under section 120.56 . . . duly promulgated administrative rule, although “presumptively valid until invalidated in a section 120.56 . . .
. . . Procedure Act defines a final order as “a written final decision which results from a proceeding under s. 120.56 . . .
. . . Each final order resulting from a proceeding under s. 120.535, s. 120.54(4), or s. 120.56. § 120.53(2 . . .