Florida/Georgia Personal Injury & Workers Compensation

...strict court concluded, by reading the two provisions together, that for "immediate" terminations: Under [section 1002.33(8)(d) ], immediate means only something less than ninety days, which clearly encompasses the fourteen-day notice requirement of section 120.569(2)(b) as applied to the School Board's determination of good cause for termination (plus twenty-four hours' notice of termination once good cause is shown based on the charters)....

...at 45 (emphasis added). The district court summarized the APA provisions that it held should apply in immediate charter school terminations: The APA includes defined procedures for providing due process regarding decisions which determine substantial interests. Under section 120.569(2)(b), "[a]ll parties shall be afforded an opportunity for a hearing after reasonable notice of not less than 14 days," unless waived by consent of all parties. However, to receive such a hearing, a party is required to file a petition or request for a hearing. § 120.569(2)(a), (c), Fla. Stat. If a hearing is requested and the petition is granted, a hearing will be held and the "presiding officer has the power to swear witnesses and take their testimony under oath, to issue subpoenas, and to effect discovery." § 120.569(2)(f), Fla. Stat.... [The] evidence may be received in written form and testimony must be under oath. Id. Cross-examination is also permitted. § 120.569(2)(j).[ [7] ] Additional procedures apply in cases involving disputed issues of material fact....

...nterests of persons who are regulated by or do business with an agency. The broad scope of the APA and the many specific procedures that it requires agencies to follow need not be examined in depth here. Pertinent to our review are the provisions of section 120.569, Florida Statutes (2005), which generally governs agency action and procedure to be followed in making decisions that determine the substantial interests of a party, and section 120.57, Florida Statutes (2005), which prescribes procedures for fact-finding hearings. Substantial interests of a party as referred to in section 120.569 are determined where "(1) the proposed action will result in injury-in-fact which is of sufficient immediacy to justify a hearing; and (2) the injury is of the type that the statute pursuant to which the agency has acted is designed to protect." Fairbanks, Inc. v. State Dep't of Transp., 635 So.2d 58, 59 (Fla. 1st DCA 1994). In the event that there are disputed issues of material fact to be determined, and a hearing has been requested under section 120.569(2)(a), Florida Statutes (2005), an adversarial hearing must be provided under section 120.57, after reasonable notice is given not less than fourteen days before the hearing. § 120.569(2)(b), Fla....

...e agency making the final decision. A final order entered under the APA is then immediately reviewable in the district court of appeal. § 120.68, Florida Statutes (2005). It is this general APA procedure for notice and hearing set forth in sections 120.569 and 120.57, Florida Statutes, that the Fourth District concluded must be followed by the School Board in immediately terminating a charter under section 1002.33(8)(d), Florida Statutes (2005)....

...Recognizing that an agency must follow the APA unless exempted by the Legislature, the Fourth District attempted to harmonize the provisions of the APA and section 1002.33 by determining that the School Board could only terminate a charter under section 1002.33(8)(d) after compliance with section 120.569, and that an "immediate" termination in the charter schools statute "means only something less than ninety days." Id....

...and stipulate that the school's governing body may, within 14 calendar days after receiving the notice, request an informal hearing before the sponsor. [7] The district court did not address or attempt to harmonize the immediate order provisions of section 120.569(2)(n), Florida Statutes, with the immediate termination provisions of section 1002.33(8)(d). In its brief, the School Board acknowledges the existence of this immediate order provision in the APA, but argues that it does not apply to charter school terminations. We note that section 120.569(2)(n) does provide that an agency may enter an immediate final order, such as a cease and desist order, if it finds an immediate danger to the public health, safety, or welfare....

...tutes. Under the APA, any person whose substantial interests are affected by agency action may petition the pertinent agency for a formal hearing, conducted by an independent administrative law judge from the Division of Administrative Hearings. See § 120.569, Fla....

...affected party is entitled to proceed in accordance with section 120.57(1), Florida Statutes, which allows for a hearing involving disputed issues of fact to be conducted by an administrative law judge, formerly referred to as a hearing officer. [3] § 120.569(1), Fla....

...trative action, as prescribed by general law." Art. V, § 4(b)(2), Fla. Const. "[T]he final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated." § 120.569(2)(j), Fla....

...Thomson v. Department of Environmental Regulation, 511 So.2d 989 (Fla.1987). As recently revised, the Administrative Procedure Act defines a final order *1378 as "a written final decision which results from a proceeding under s. 120.56, s. 120.565, s. 120.569, s....

...posed of the case before the State Retirement Commission. That the Commission itself viewed its order of dismissal as final may be inferred from the notice of appellate rights included in the order, in accordance with the requirement now codified in section 120.569(1), Florida Statutes (Supp.1996)....

...In contrast, the first sentence of former section 120.59—requiring a concise and explicit statement of the underlying facts, when a final order tracks statutory language—survived the statutory revision. Ch. 96-159, § 18, at 40, Laws of Fla. (creating section 120.569(2)(k), Florida Statutes)....

...istort the rightful focus of adjudication. Our decision today leaves important procedural protections intact. Litigants remain free to file proposed recommended orders, including proposed findings of fact, which fact finders remain free to consider. Section 120.569(2)(k), Florida Statutes (Supp.1996), requires that findings of fact not already sufficiently detailed "be accompanied by a concise and explicit statement of the underlying facts of record which support the findings." All parties to he...

...determination of the rule's validity. See § 120.56, Fla. Stat. (2001). Additionally, a person whose interests are "substantially affected" by an agency's action may file a petition for a formal hearing conducted by an administrative law judge. See § 120.569, Fla....

...Hospice of Palm Beach County, Inc. v. State, Agency for Health Care Admin., 876 So.2d 4, 7 (Fla. 1st DCA 2004). In determining whether a party has standing to seek a formal administrative hearing, the allegations contained in the party's petition must be taken as true. Id. Section 120.569(1), Florida Statutes (2005), provides that the provisions of the section, which pertain to administrative hearings, apply to "all proceedings in which the substantial interests of a party are determined by an agency....

...incorporated into the final permit). As all of the parties admit, chapter 120 does not actually employ the word "standing," but the statutory test used is substantially its equivalent. Under the statutory language, a hearing is provided pursuant to section 120.569(1) "in all proceedings in which the substantial interests of a party are determined by an agency." Thus the concept of "standing" in an administrative proceeding depends on whether the particular entity at issue qualifies as a "party....

...nd require by subpoena the production of books, papers, records, files, correspondence, documents, or other evidence which is relevant to the inquiry. § 624.321, Fla.Stat. (1995). We are not concerned here with the virtually ministerial duty, under section 120.569(2)(i), Florida Statutes (Supp.1996), to enforce administrative subpoenas and other discovery orders judicially, when necessary to further the course of substantial interest proceedings....

...Kast Metals Corp., 744 F.2d 1145, 1150 (5th Cir.1984). A rule that an agency could investigate before filing charges only if it already had all the information it needed to file charges has little to recommend it. The right to discovery once an adjudicatory proceeding begins is clear. § 120.569(2)(d) and (i), Fla.Stat....

...It is incumbent on any party opposing enforcement of an investigatory subpoena on such grounds to file in timely fashion a motion for protective order or some equivalent pleading in circuit court. In proceedings to enforce investigatory subpoenas, in contrast to judicial enforcement proceedings under section 120.569(2)(i), Florida Statutes (Supp.1996), no administrative law judge need have passed on any such question before the circuit court takes it up....

...Furthermore, Menke contends that his privacy is invaded by such an inspection, and his Fifth Amendment right may also be implicated by such an intrusive review by the opposing expert. Preliminarily, the authority of the administrative law judge in discovery matters *11 is prescribed by section 120.569(2)(f), Florida Statutes, providing in part: (f) The presiding officer has the power to swear witnesses and take their testimony under oath, to issue subpoenas, and to effect discovery on the written request of any party by any means a...

...ment's decision. Waiver of Formal Hearing If an agency's action will determine the substantial interests of a party and there are disputed issues of material fact, a party is entitled to a formal proceeding under section 120.57(1), Florida Statutes. § 120.569(1), Fla....

...ceedings." Hobe Assocs., Ltd. v. Dep't of Bus. Regulation, 504 So.2d 1301, 1305 (Fla. 1st DCA 1987). But, when material facts are in dispute, substantially affected parties are entitled to an evidentiary hearing conducted in conformity with sections 120.569 and 120.57(1), Florida Statutes (2007)....

...Second and Third Districts that excusable neglect is not available in proceedings held under chapter 120, Florida Statutes. See Cann, 813 So.2d at 239; Patz v. Dep't of Health, 864 So.2d 79 (Fla. 3d DCA 2003). The 1998 amendment to Florida Statutes section 120.569(2) added language requiring the dismissal of an untimely-filed petition. However, the amended statute does not eliminate the availability of the defense of equitable tolling. As explained, Dr. Aleong has not shown that the doctrine of equitable tolling applies. Accordingly, we are left with the mandatory language of section 120.569(2), which requires the dismissal of Dr....

...sed facility, requiring the Department to remain in facilities currently leased from Procacci at a cost to the Department in Excess of $4000. per month, and resulting in unjust enrichment to Procacci. Former section 120.57(1)(b)5. and its successor, section 120.569(2), Florida Statutes (Supp.1996), authorize attorney's fee awards in administrative proceedings, [8] if a pleading *608 is filed for "an improper purpose." But the hearing officer found no improper purpose....

...Here HRS had no jurisdiction to review the hearing officer's ruling refusing to award sanctions it sought against Procacci. Whether denominated interlocutory or final, an order awarding costs and fees under former section 120.57(1)(b)5. or current section 120.569(2)(c) is reviewable only in an appropriate appellate court....

...Such sanctions may require reimbursement of fees and costs incurred by any injured party and may be imposed against governmental and private parties alike. Neither HRS nor any other agency has authority to review fee and cost awards that administrative law judges make under the authority of section 120.569(2)(c), Florida Statutes (Supp.1996), or which hearing officers made under the predecessor provision, section 120.57(1)(b)5., Florida Statutes (1995)....

...scovery orders sometimes lay down. Entering the order in the present case cannot, however, fairly be characterized as furthering discovery [8] "by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure." § 120.569(2)(d), Fla....

...can Banks, Inc. v. Division of Administrative Hearings, 412 So.2d 373 (Fla. 1st DCA 1981), and Hillsborough County Hospital Authority v. Tampa Heart Institute, 472 So.2d 748 (Fla. 2d DCA 1985). Chapter 84-173, Laws of Florida (1984), now codified as section 120.569(2)(d), Florida Statutes (1997), amended former section 120.58 to grant hearing officers explicit authority to impose all sanctions except contempt in order to effect discovery....

...That complaint was served on December 10, 2002, along with Election of Rights and Explanation of Rights forms advising Patz, among other things, that if he disputed any material fact alleged in the complaint, he could request a formal hearing before an administrative law judge pursuant to section 120.569(2)(a) of the Florida Statutes....

...not prejudiced by the untimely filing. In support of his argument, Patz relies upon Florida Rule of Civil Procedure 1.500 which governs defaults in a civil proceeding. This matter is not controlled by the rules of civil procedure. It is governed by section 120.569 of the Florida Statutes, [1] Rule 28-106.111 of the Florida Administrative Code, [2] and the rules of administrative procedure....

...Although Florida Administrative Code Rule 28-106.103 allows an additional five days for mailing in some circumstances, that rule expressly excepts requests for hearing under rule 28-106.111. The Canns admit that they understood that their request had to be filed at the Department's office on November 29, 2000. Further, section 120.569(2)(c), Florida Statutes (2000), provides: "A petition shall be dismissed if ......

...lorida. We conclude that this amendment overruled Unimed Laboratory and Rothblatt to the extent those cases held that an untimely administrative appeal could proceed if the delay was a result of excusable neglect. We are not inclined to believe that section 120.569(2)(c), Florida Statutes (2000), overruled the holding in Machules that a late request for an administrative hearing is not a jurisdictional defect....

...In this case, none of these three circumstances exist. The agency notice was proper, and the Canns knew the proper forum. Two days for the postal delivery of a letter is not "extraordinary." Because the Department's rules require the filing of the request for hearing within twenty-one days and section 120.569(2)(c) compels the dismissal of untimely requests, and because equitable tolling provides no exception in this case, we must affirm the Department's order dismissing the Canns' request for hearing as untimely....

...This concept has served the public well in the court system. I would ask that the legislature consider providing this equitable relief for those citizens of the state who are required to have their personal and property rights decided in the administrative arena. Id. at 240. NOTES [1] Section 120.569(2)(c), Florida Statutes (2002), which covers administrative decisions affecting substantial interests, provides, in pertinent part: ......

...asserted his rights in the wrong forum. Thus, equitable tolling does not apply. See Whiting v. Florida Dept. of Law Enforcement, 849 So.2d 1149, 1151 (Fla. 5th DCA 2003)(affirming dismissal of an untimely petition for an administrative hearing under section 120.569(2)(c) because Whiting's mistaken belief as to when the time period for filing a petition ended was insufficient to support a claim of equitable tolling); Jancyn Mfg....

...al five days for mailing in some circumstances, that rule expressly excepts requests for hearing under rule 28-106.111. The Canns admit that they understood that their request had to be filed at the Department's office on November 29, 2000. Further, section 120.569(2)(c), Florida Statutes (2000), provides: "A petition shall be dismissed if ......

...lorida. We conclude that this amendment overruled Unimed Laboratory and Rothblatt to the extent those cases held that an untimely administrative appeal could proceed if the delay was a result of excusable neglect. We are not inclined to believe that section 120.569(2)(c), Florida Statutes (2000), overruled the holding in Machules that a late request for an administrative hearing is not a jurisdictional defect....

...In this case, none of these three circumstances exist. The agency notice was proper, and the Canns knew the proper forum. Two days for the postal delivery of a letter is not "extraordinary." [3] Because the Department's rules require the filing of the request for hearing within twenty-one days and section 120.569(2)(c) compels the dismissal of untimely requests, and because equitable tolling provides no exception in this case, we must affirm the Department's order dismissing the Canns' request for hearing as untimely....

...st it within twenty-one days. This procedure provided McIntyre with clear entry into the administrative process. The School Board treated McIntyre's timely filed letter of December 13, 1999 as a failure to exercise a right to a hearing. We disagree. Section 120.569(2)(c), Florida Statutes (1999) provides: Unless otherwise provided by law, a petition or request for hearing shall include those items required by the uniform rules adopted pursuant to s....

...for Orlando Urban Area, 765 So.2d 797, 798 (Fla. 1st DCA 2000). Furthermore, section 120.54(5)(b)4, Florida Statutes (1999), requires an agency to pass uniform rules of procedure for the filing of petitions for administrative hearings under either sections 120.569 or 120.57....

...Department of Admin., 523 So.2d 1132, 1134 (Fla.1988). However, McIntyre should not have been expected or required to do so because his January 11, 2000 request for a hearing should have related back to his first filed letter of December 13, 1999 if the School Board had followed section 120.569. We also find that the School Board should have notified McIntyre of a deadline for filing an amended request for a hearing. See Fla. Stat. § 120.569(2)(c)....

...diction to grant injunctive relief, Sapp Farms claims that the notice of rights contained within the IFOs which stated that "an action for injunctive relief may be filed in the appropriate circuit court," was defective. [2] This claim is groundless. Section 120.569(2)(n), Fla....

...NOTES [1] Sapp Farms does not argue that it did not receive notice as a result of the erroneous address. [2] Before coming to this Court to appeal the IFOs, Sapp Farms unsuccessfully sought injunctive relief in the circuit court. [3] Section 120.59(3) was the statutory predecessor of section 120.569(2)(n)....

...ipate in the chapter 120 proceeding and write to address this issue. Chapter 120 affords a hearing "in all proceedings in which the substantial interests of a party are determined by an agency" and where there is "a disputed issue of material fact." § 120.569(1), Fla....

...[1] The IFO involves the sale and administration of a health insurance product not authorized by the State of Florida. Because we find on its face the IFO sufficiently states particularized facts showing an immediate danger to the public welfare, we affirm. The IFO was rendered pursuant to section 120.569(2)(n), Florida Statutes (2003), which provides in relevant part: If an agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, it shall recite with particularity the facts...

...uct phosphate mining activities on property known as the Manson Jenkins tract. DEP announced its intention to issue the permit, and Charlotte County and others opposed to the mining petitioned for a formal administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes....

...Of necessity, then, the restrictions upon comments made by judges concerning pending court matters must be quite pervasive. An agency head such as Secretary Struhs is not responsible, in the course of carrying out his duties under the Administrative Procedure Act, for making determinations of disputed factual matters. See § 120.569(2)(a), Fla....

...4th DCA 1993); Bondurant v. Geeker, 499 So.2d 909 (Fla. 1st DCA 1986). Application of these general principles makes it abundantly clear that prohibition is not an appropriate remedy in the instant case. The dissent concludes that issuance of the writ is appropriate because section 120.569(2)(c), Florida Statutes (2002), provides that "[a] petition shall be dismissed if......

...Department of Admin., 523 So.2d 1132 (Fla.1988); Whiting v. Florida Dep't of Law Enforcement, 849 So.2d 1149 (Fla. 5th DCA 2003); see also Cann v. Department of Children & Family Servs., 813 So.2d 237 (Fla. 2d DCA 2002). Application of equitable tolling as an exception to the dismissal requirement of section 120.569(2)(c) clearly indicates that the provisions of the statute are not jurisdictional....

...Florida Dep't of State, Div. of Licensing, 734 So.2d 1180 (Fla. 2d DCA 1999)). In Appel, the court held that the petitioner "is entitled to rebut that presumption at an evidentiary hearing." 734 So.2d at 1182 (citation omitted). If late filing is jurisdictional under section 120.569(2)(c), there would be no presumption of waiver and Florida courts would not have jurisdiction to determine whether the presumption had been rebutted....

...In dismissing Ambroise's request for an administrative hearing, the Administrative Law Judge (ALJ), in a well reasoned order, concluded: 16. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding pursuant to Sections 120.569, 120.57(1), and 760.11(7), Florida Statutes....

...Section 760.11(7) provides: If the commission determines that there is not reasonable cause to believe that a violation of the Florida Civil Rights Act of 1992 has occurred, the commission shall dismiss the complaint. The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, but any such request must be made within 35 days of the date of determination of reasonable cause and any such hearing shall be heard by an administrative law judge and not by the commission or a commissioner....

...of State, DOAH Case No. 00-1797 (July 24, 2000) (dismissing petition for relief filed 14 days after deadline, and citing other cases in which petitions were dismissed in similar circumstances), adopted in toto, FCHR Case No. 97-1074 (Feb. 8, 2001). And see Section 120.569(2)(c) ("A petition shall be dismissed if ......

...The Commission rejected the ALJ's recommendation that the petition be dismissed as untimely, concluding that Ambroise's failure to timely file was attributable to excusable neglect. I believe the Commission's view is unavailing and the ALJ's conclusion is correct. Section 120.569(2)(c), Florida Statutes (2002), provides: "a petition shall be dismissed if ......

...nterest proceedings, for example, despite the pendency of related judicial proceedings. See Flo-Sun, Inc., 783 So.2d at 1036-38 & nn. 4-5; S. Lake Worth Inlet Dist. v. Town of Ocean Ridge, 633 So.2d 79, 86-87 (Fla. 4th DCA 1994). "The provisions of [section 120.569] apply in all proceedings in which the substantial interests of a party are determined by an agency...." § 120.569(1), Fla. Stat. (2001); see Fla. Admin.Code R. 28-106.101 (indicating that section 120.569 "shall apply in all proceedings in which the substantial interests of a party are determined by the agency"). See also Bishop Assocs. Ltd. P'ship v. Belkin, 521 So.2d 158, 159-60 (Fla. 1st DCA 1988). But Mr. Padilla did not seek relief under section 120.569 or ask for an administrative hearing under section 120.57(1)....

...Ass'n, 504 So.2d at 1345; Couch, 377 So.2d at 33-34. DOI correctly dismissed the petition for declaratory statement on this basis. Even if his petition for declaratory statement could somehow be construed as seeking a substantial interest proceeding under sections 120.569 and 120.57(1), moreover, dismissal would have been proper, because DOI does not have statutory authority to adjudicate simple contractual disputes about the amounts of benefits payable under personal injury protection policies....

...l, the appellee should have provided copies of all legal documents concerning the administrative complaint to the appellant's attorney); Resort Sales Int'l, Inc. v. Fla. Dep't of Bus. and Prof'l Regulation, 795 So.2d 1040, 1042 (Fla. 1st DCA 2001) ("Section 120.569(1) states that service may be made either on the regulated party or on the party's attorney....

...ision. Spencer on Behalf of Spencer v. Heckler, 765 F.2d 1090 (11th Cir.1985); Strickland v. Harris, 615 F.2d 1103 (5th Cir.1980)."). But the governing provisions here are the Florida Retirement System Act and Florida's Administrative Procedure Act. Section 120.569(2)(g), Florida Statutes (2000), allows consideration of all relevant, non-cumulative "evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs." Dr....

...We now reverse the final order the Florida Elections Commission entered on August 7, 2000, and remand with directions. Upon receipt of the order of probable cause, Dr. McGann disputed all allegations and requested a formal administrative hearing. In accordance with section 120.569(2), Florida Statutes (1997), the Florida Elections Commission referred the matter to the Division of Administrative Hearings....

appear in the administrative proceeding below. See § 120.569, Fla. Stat. (2009). But, as we have explained:

...complaint, either by requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond to the complaint at all, the facts of the complaint are deemed to be admitted. See Fla. Admin. Code R. 28-106.111(2) & (4); § 120.569(2)(c); Autoworld of America Corp....

...Approval of a plan by a water management district governing board is "not [ ] subject to the rulemaking requirements of chapter 120. However, any portion of an approved regional water supply plan which affects the substantial interests of a party shall be subject to s. 120.569." § 373.709(5), Fla....

...This subsection does not effect [sic] evaluation of the use pursuant to the provisions of paragraphs (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and 373.233. § 373.223(5), Fla. Stat. (2010). A substantially affected third party can challenge the intended grant of a permit pursuant to sections 120.569 and 120.57, Florida Statutes....

...Plan is not subject to administrative challenge. The plain language of section 373.709(5), Florida Statutes (2010), states, "any portion of an approved regional water supply plan which affects the substantial interests of a party shall be subject to s. 120.569." Even if, as the District posits, the Plan is neither a rule nor an order, the Legislature nonetheless has determined that a regional water supply plan, duly adopted by a water management district governing board, constitutes agency action subject to administrative challenge....

...tion. However, the District properly dismissed Appellants' petitions for lack of standing. Again, section 373.709(5) provides an avenue for administrative challenge if any part of a regional water supply plan affects a party's substantial interests. Section 120.569 applies "in all proceedings in which the substantial interests of a party are determined by an agency. . . ." A party asserting entitlement to an administrative hearing pursuant *1131 to section 120.569 must demonstrate that (1) it "will suffer injury in fact which is of sufficient immediacy to entitle [it] to a section [120.569] hearing," and that (2) its "substantial injury is of a type or nature which the proceeding is designed to protect." Agrico, 406 So.2d at 482....

...Whiting explained he attempted to fax his notice of appeal to PERC on April 4, 2002, but that his attempts were unsuccessful. He concluded "I elected to complete the fax on April 5, 2002 in the morning hours." (emphasis added). Unfortunately for Whiting, this was one day late. Section 120.569(2)(c) compels dismissal of untimely petitions in administrative hearings concerning substantial rights....

...We begin by noting that this dispute should have been resolved in an administrative tribunal rather than the circuit court. The Administrative Procedure Act affords a procedural mechanism to review any agency decision that affects the substantial interests of a party. See § 120.569, Fla....

...al application of an admittedly constitutional statute or rule must first exhaust all administrative remedies. See also Sapp Farms, Inc. v. Department of Agric. & Consumer Servs., 761 So.2d 347, 348 (Fla. 3d DCA 2000) (noting that while section *928 120.569, Florida Statutes, contemplates the possibility of injunctive relief from the circuit court, it does not eliminate the requirement that a party exhaust its administrative remedies prior to seeking such relief)....

...[3] This court need not address the issue of whether a lessee under a recorded lease is entitled to notice as a "property owner" because it is undisputed that Sun Gardens did not record its lease. [4] It would appear that an IFO would constitute final agency action. See § 120.569(2)(n), Fla....

...(2000) (noting that if an agency head finds that an immediate danger to public health, safety, or welfare requires an IFO, the IFO shall be appealable or enjoinable from the date rendered). However, further administrative review could have been requested by Sun Gardens. See, e.g., § 120.569(2), Fla....

...See § 120.57(c), Fla. Stat. (2001); Fla. Admin. Code r.28-106.213(3) (2001). Other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs also may be admissible, whether or not such evidence would be admissible in court. § 120.569(2)(g), Fla....

...strative Procedure Act that states all "evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida." § 120.569(2)(g), Fla....

...- 16 - issue of fact. Further, amicus curiae AARP argues that approval of the settlement without staff review is an improper abdication of the Commission’s obligations. These arguments are without merit. Section 120.569(2)(l), Florida Statutes (2012), provides that “the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated....

...Thus, although it may be the better practice to resolve every factual dispute in the final order, the Commission is not required by statute or case law to address each issue of disputed fact in its final order, and the final order otherwise satisfies section 120.569(2)(l)....

...- 19 - Procedure Act (“APA”).6 Further, additional procedural requirements specific to the Commission and public utilities are provided in chapter 366, Florida Statutes, and the Florida Administrative Code. The provisions of section 120.569, Florida Statutes (2012), which provide the procedure to be followed in determining the substantial interests of a party, and section 120.57, Florida Statutes (2012), which prescribes procedures for fact- finding hearings, are pertinent to this Court’s review. See Sch. Bd. of Palm Beach Cnty. v. Survivors Charter Sch., Inc., 3 So. 3d 1220, 1231 (Fla. 2009). Pursuant to section 120.569(1), the provisions of section 120.569 “apply in all proceedings in which the substantial interests of a party are determined by an agency. . . .” In the event that there are disputed issues of material fact to be determined, an adversarial hearing must be provided under section 120.57, after reasonable notice is given not less than fourteen days before the hearing. § 120.569(2)(b), Fla....

...improved fairness of treatment. . . .” Sch. Bd. of Palm Beach Cnty. v. Survivors Charter Sch., Inc., 3 So. 3d 1220, 1231 (Fla. 2009) (quoting Machules v. Dep’t of Admin., 523 So. 2d 1132, 1136-37 (Fla. 1988)). - 20 -  Further, section 120.569(1) provides that additional procedural requirements listed in section 120.57(1) apply whenever the proceeding involves a disputed issue of material fact....

...for August 14, 2012, and the evidentiary hearing on the petition was scheduled for a two-week period beginning August 20, 2012. Thus, in regard to the evidentiary hearing for the petition, Citizens received adequate notice of the hearing pursuant to section 120.569(2)(b). From March to mid-August 2012, Citizens served fourteen sets of interrogatories and thirteen requests to produce documents on FPL and participated in numerous depositions....

...Proposed Settlement Violated Citizens’ Due Process Rights Based on the above, the Commission did not violate Citizens’ due process rights. On March 26, 2012, the Commission provided notice of a hearing on August 20 that fully complied with section 120.569, which requires fourteen days’ advance notice....

...edule a hearing at the conclusion of the evidentiary hearing to discuss the settlement agreement. On August 31, 2012, the Commission announced on the record that it would reconvene on September 27, 2012, to discuss the settlement issues. Notably, section 120.569(2)(b) does not require that notice be given in writing, although the rule dictates that notice be reasonable. Thus, the September 27, 2012, hearing was properly noticed and provided Citizens with more time than required pursuant to section 120.569(2)(b) and Florida Administrative Code rule 28-106.204(1)....

...of Deficiencies, sought assessment of a $6,000 survey fee, issuance of a conditional license, and imposition of a $75,000 administrative fine. The complaint expressly advised Brookwood of its right to request an administrative hearing under sections 120.569 and 120.57 of the Florida Statutes and attached an explanation of rights....

...chapter.... * * * (b) The uniform rules of procedure adopted by the commission pursuant to this subsection shall include, but are not limited to: * * * 4. Uniform rules of procedure for the filing of petitions for administrative hearings pursuant to s. 120.569 or s....

...ow the alleged facts relate to the specific rules or statutes. g. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the proposed action. (Emphasis added). Relatedly, section 120.569, Florida Statutes (2003) provides: (c) Unless otherwise provided by law, a petition or request for hearing shall include those items required by the uniform rules adopted pursuant to s....

...d below sufficed to secure hearings on agency actions. The simple answer to this is that the rules have changed. In 1998, the Florida Legislature amended section 120.54 to add subparagraph (5)(b)4. See ch. 98-200, § 3, at *840 1830-31, Laws of Fla. Section 120.569, was likewise amended at that time to reflect the mandatory nature of section 120.54....

...ven, see, e.g., Anthony Abraham Chevrolet Co. v. Collection Chevrolet Co., 533 So.2d 821 (Fla. 1st DCA 1988), 1998 revisions to the APA now require agencies to review petitions for compliance with these requirements before forwarding them to DOAH. F.S. 120.569(2)(c)-(2)(d).......

...sufficient to meet the minimum requirements listed in section 120.54(5)(b) 4 for a hearing request). Despite Brookwood's noncompliance, we conclude that the facility should be accorded the opportunity to conform its petition to the "uniform rules." Section 120.569 authorizes such action, as it instructs "[d]ismissal of a petition shall, at least once, be without prejudice to petitioner's filing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured." (Emphasis added)....

...AHCA did this even though Brookwood asserted that it disputed every fact set forth in the administrative complaint. Brookwood filed an amended petition for administrative hearing. AHCA decided that the amended petition did not contain sufficient particularity as required by paragraph 120.569(2)(c), Florida Statutes (2002)....

...The administrative agency which wishes to assess the administrative penalty is the same agency which is allowed to deny a hearing outright, simply on the basis of deficiencies—real or imagined—in the petition for administrative hearing. AHCA advised us at oral argument that the agency clerk takes paragraph 120.569(2)(c), Florida Statutes (2002) to be a legislative mandate to dismiss petitions for hearing which do not comply with the statute....

...n, the doubt must be resolved in favor of granting the administrative hearing. This also follows from the wording of the statute itself. The statute allows dismissal only if the petition "is not in substantial compliance with these requirements...." § 120.569(2)(c), Fla. Stat. (emphasis added); see also id. § 120.569(2)(d)....

...After Brookwood requested the administrative hearing, it received a form on which AHCA had checked the following item: The request for hearing was legally insufficient. Please note: If this item is checked, the Agency recognizes that you requested a formal hearing pursuant to the provisions of Section 120.569 and 120.57(1), Florida Statutes....

...Your request, however, did not meet the requirements of Rule 28-106.201(2), Florida Administrative Code, as required by law and as noted on the Election of Rights form that you returned to the Agency. Since your request for hearing did not conform to the Rule, the Agency is required by law to deny it. See Section 120.569(2)(c), Florida Statutes....

...Litigants should not have to guess at their peril what is wrong with the petition for administrative hearing. If the agency thinks the petition is not sufficiently particularized, then the agency must likewise identify the deficiency with reasonable particularity. [4] III. In my view, the Legislature should revisit Section 120.569, Florida Statutes, in light of the due process concerns outlined above....

...The approach would, in other words, be similar to that which is followed under Florida Rule of Civil Procedure 1.110(c). To my way of thinking, such an approach would simplify the procedure for those agency actions which are initiated by administrative complaint. The problem with the present version of section 120.569 is that it is a one-size-fits-all mechanism....

...Brookwood's license. Thus, Rule 28-106.201, as both parties confirm, rather than Rule 28-107.004, applies. [4] Although not raised as an issue in this case, I am hard pressed to see how the agency can deny a hearing outright. The point of paragraphs 120.569(2)(c) and (d) is to determine whether to refer the petition to the Division of Administrative Hearings....

...Analysis Generally, in formal administrative proceedings all "evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs [is] admissible, whether or not such evidence would be admissible in a trial in the courts of Florida." § 120.569(2)(g), Fla....

...ment on appeal was never presented in the lower tribunal. The pleadings and other documents contained in the record plainly reveal that the Department served the notice to show cause according to the requirements of the Administrative Procedure Act. Section 120.569(1), Florida Statutes (1999) provides that a copy of an order "shall be delivered or mailed to each party or the party's attorney of record at the address of record." The notice to show cause was the document that initiated the administrative action. Consequently, the Department was obligated to serve the notice directly on the respondents. Section 120.569(1) states that service may be made either on the regulated party or on the party's attorney....

...(# 1D00-3215) (Appellants). We have jurisdiction pursuant to section 120.68, Florida Statutes (1999). Appellants contend that they were denied due process, and that the emergency orders are facially deficient under sections 624.310(3)(a) & (f), and 120.569(2)(n), Florida Statutes (1999), because the orders fail to cite with particularity any wrongful conduct by Appellants and the immediate danger to the public resulting therefrom so as to warrant emergency action without prior adjudicatory proceedings....

...otice or hearing was not supported by particularized facts showing immediacy or likelihood of continuing harm from agent's actions and, thus, was improperly issued). Appellants note also that the orders fail to satisfy the APA standards set forth in section 120.569(2)(n), Florida Statutes (1999), which states: If an agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, it shall recite with particularity the facts underlying such fi...

...poses an immediate serious danger to the public health, safety and welfare, because such refusal leaves eligible small employers with no health insurance coverage. Further, the issuance of this Immediate Final Order is fair under the circumstances. Section 120.569(2)(n), Florida Statutes, authorizes the Florida Department of Insurance to issue an immediate final order when there exists an immediate danger to the public health, safety or welfare....

...basis to eligible one-life groups. Violations of this Order are enforceable under Section 120.69, Florida Statutes. As appellants assert, the IFO contains only conclusory findings and does not recite facts with particularity, as required by law. See § 120.569(2)(n), Fla....

...Hence, whether the property was licensed under Chapter 509 is a critical issue because it determines whether the Mellers can recover. The order was rendered pursuant to section 120.57(2), Florida Statutes (2003), without a formal evidentiary hearing. Section 120.569(1), Florida Statutes (2003), explains when a proceeding under section 120.57(2) may properly be conducted: The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an *327 agency, unless the parties are proceeding under s....

...We must determine whether the informal proceeding under section 120.57(2) was appropriate in the instant case. If the agency's action will determine the substantial interests of a party and there are disputed issues of material fact, a party is entitled to a formal proceeding under section 120.57(1). See § 120.569(1), Fla....

...Land Sales, Condos. & Mobile Homes, 659 So.2d 1220 (Fla. 4th DCA 1995); Foreman v. Columbia County Sch. Bd., 408 So.2d 653 (Fla. 1st DCA 1981). A person may waive the right to a section 120.57(1) hearing by electing an informal hearing under section 120.57(2). § 120.569(1), Fla....

...Department of Health & Rehabilitative Servs., 703 So.2d 502 (Fla. 5th DCA 1997). Absent a waiver, an informal proceeding under section 120.57(2) is appropriate when the substantial interests of a party are determined but no material facts are in dispute. § 120.569(1), Fla....

...That argument fails. We have specifically approved the Commission’s practice of reviewing settlements as a whole for the public interest and rejected the notion that the Commission must address each individual issue in the underlying rate case: Section 120.569(2)(l), Florida Statutes (2012), provides that “the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated ....

...Thus, although it may be the better practice to resolve every factual dispute in the final order, the Commission is not required by statute or case law to address each issue of disputed fact in its final order, and the final order otherwise satisfies section 120.569(2)(l). Citizens I, 146 So....

...apply and there was no need for the Commission to make an express individual prudence determination.13 Sufficiency of the Final Order Next, we must review the sufficiency of the Final Order. See Citizens I, 146 So. 3d at 1153; see also §§ 120.569(2)(l)-(m), 120.68(7)(d)-(e), Fla....

...Again, we stated that, “although it may be the better practice to resolve every factual dispute in the final order, the Commission is not required by statute or case law to address each issue of disputed fact in its final order, and the final order otherwise satisfies section 120.569(2)(l).” Citizens I, 146 So. 3d at 1153. Section 120.569(2)(l) mandates that the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated. - 22 - § 120.569(2)(l), Fla....

...Autoworld misapprehends the applicable principles under the Florida Administrative Procedure Act: Choosing § 120.57(2) hearings in professional license disciplinary proceedings is similar to pleading guilty to the facts alleged in the administrative complaint, because they are not disputed. See F.S. § 120.569(1)....

...T's WWTF's [wastewater treatment facilities] in Gadsden, Jackson, Santa Rosa and Okaloosa Counties should be mitigated or reduced." DEP issued an order dismissing the petition with prejudice for lack of standing to bring this challenge. II. Standing Section 120.569(1), Florida Statutes (2003), states "[t]he provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency." Section 120.52(12)(b), Florida Statutes (2003), defines "party"...

...gs, where it was assigned to an administrative law judge, all in keeping with section 120.57(1), Florida Statutes (1997). As long as the matter remained there, the Department was powerless to "take ... further action ... except as a party litigant." § 120.569(2)(a), Fla....

...first time on appeal. We note, however, that if K.R.'s deposition is found admissible under section 90.804(2)(a) and rule 1.330(a)(3), then the record evidence is sufficient to prove the violations. Although the deposition might be admissible under section 120.569(2)(g), it is nevertheless hearsay evidence unless it would be admissible in a civil action....

...6C3-10.232(9) (requiring a formal hearing if requested by an employee being disciplined). Only on January 18, 2000, did appellant file a petition for formal administrative hearing under section 120.57(1), Florida Statutes (1999). In accordance with section 120.569(2)(a), Florida Statutes (1999), FAMU forwarded the petition to the Division of Administrative Hearings, raising no issue as to its timeliness, presumably on account of the failure of the August 19, 1999, letter to include notice of Chapter 120 rights....

...This provision shall not limit the University in any way from initiating its own review of the complaint and taking appropriate action should such be deemed warranted under the circumstances presented. [2] At least one of the complaints in the present case was filed within sixty days of the events alleged. [3] Under section 120.569(1), Florida Statutes (1999), the notice of dismissal should, as appellant argues, have informed him of his right to institute formal administrative proceedings by filing a petition within a time certain....

...and its provision that instructors employed after June 30,1997 could be terminated without cause during a ninety-seven day probationary period. Tieger filed a petition for a formal administrative hearing before the School Board, pursuant to sections 120.569 and 120.57, Florida Statutes (1997), alleging that he worked beyond the ninety-seven day probationary period and that no just cause existed for his termination. On March 31, 1998, senior associate counsel to the School Board wrote a letter declining Tieger’s request for a formal hearing. Tieger petitions for review of the School Board’s denial. Section 120.569(1), Florida Statutes, provides in part: The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency.......

...e denial of the large majority of Baycare's reimbursement claims. There was some delay between the entry of these orders and the service of the orders on Baycare. In the interim, Baycare filed "petition[s] to institute formal proceedings pursuant to § 120.569 and 120.57(1)" in the four cases. The petitions argued that Baycare's administrative claims affected Baycare's substantial interests and thus required due process of law not afforded by the Maximus CHDR dispute resolution process. As a result, Baycare argued that sections 120.569 and 120.57(1), Florida Statutes (2002), required a point of entry to initiate formal administrative proceedings to challenge the agency action....

...e to forego them, perhaps in the hopes of a more expedient resolution to its claims. Baycare seeks to impose upon the process established by section 408.7057 the due process requirements normally afforded to administrative proceedings under sections 120.569 and 120.57(1)....

immediate final order entered pursuant to section 120.569(2)(n), Florida Statutes, the record shall be

...Thus, the sufficiency of the notice is not affected by the actual knowledge of the recipient. Appellee’s contention that, because appellant is an attorney, a different standard applies in determining sufficiency of notice is also devoid of merit. See also § 120.569(2)(b) (providing that on decisions that affect substantial interests, “[a]ll parties shall be afforded an opportunity for a hearing after reasonable notice of not less than 14 days[,] ......

...See Machules, 523 So.2d at 1133-34 (explaining that “[t]he doctrine of equitable tolling was developed to permit under certain circumstances the filing of a lawsuit that otherwise would be *281 barred by a limitations period”); O’Donnell’s, 858 So.2d at 1140 . Section 120.569(2)(c) confirms and informs our holding that the doctrine of equitable tolling should be applied to excuse the late filing of a bid protest petition under appropriate facts. Although section 120.569(2)(c) directs agencies to dismiss untimely petitions, it also notes, “This paragraph does not eliminate the availability of equitable tolling as a defense to the untimely filing of a petition.” The Department argues that the absence of similar language in section 120.57(3) indicates that equitable tolling may not serve as a basis for excusing the late filing of a bid protest petition. The Department’s argument rests on the assumption that section 120.569 does not apply to bid protest proceedings. This assumption, however, is not supported by the text of either section 120.569 or section 120.57(3). To the contrary, section 120.569 states that it applies to “all proceedings in which the substantial interests of a party are determined by an agency,” with some exceptions not applicable to the instant case. The title of section 120.57(3) states plainly that it provides “additional procedures applicable to protests to contract solicitation or award.” (original in all capital letters). Thus, section 120.57(3) does not replace section 120.569, but rather supplements it....

...RULE 9.190. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION (a) [No change] (b) Commencement. (1) An appeal from final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes, including immediate final orders entered pursuant to section 120.569(2)(n), Florida Statutes, or other administrative action for which judicial review is provided by general law shall be commenced- in accordance with rule 9.110(c)....

...n accordance with rules 9.100(b) and (c). (3) [No change] (c) The Record. (1) [No change] (2) Review of Final Action Pursuant to the Administrative Procedure Act. (A)-(E) [No change] (F) In an appeal from an immediate final order entered pursuant to section 120.569(2)(n), Florida Statutes, the record shall be compiled in an appendix pursuant to rule 9.220 and served with the briefs....

...(1)[No change] (2) Application for Stay Under the Administrative Procedure Act. (A) [No change] (B) When an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60(6), Florida Statutes, or issued an immediate final order under section 120.569(2)(n), Florida Statutes, a licensee-the affected party may file with the reviewing court a motion for stay on an expedited basis....

...of the license, except when issuance is a ministerial act. Unless waived, a copy of the notice shall be delivered or mailed to each party's attorney of record and to each person who has requested notice of agency action. (Emphasis added.) Similarly, section 120.569(1), Florida Statutes (2000), which addresses decisions affecting the substantial interests of a party, anticipates that notices will be mailed to a party's attorney of record, by stating: "Unless waived, a copy of the order shall be d...

...ourt. In what amounts to a confession of error, the Department’s position is that Drew is barking up the wrong tree: rather than an expedited hearing under the exemption statutes, Drew is entitled to an administrative hearing pursuant to section 120.569(1) of the Florida Administrative Procedure Act, which the Department did not mention in its determination letters. § 120.569(1), Fla....

...claimed disability (what would happen if both medical and non-medical disabilities 4 were at issue is not clear); instead, the affected party’s resort is directly to an administrative hearing via section 120.569, Florida Statutes. Because administrative review via sections 120.569(1) and 120.57, Florida Statutes, is available (and Drew accedes to such review), we need not determine whether denials based on “medical complexity” are entitled statutorily to an expedited hearing, but note that little differentiates...

...ailed to follow the plan of care, and unless a facility disputes the underlying fact alleged as the basis for the Agency's charging document, the facility's request for a formal hearing before the Division of Administrative Hearing should be denied. Section 120.569(2)(c), Florida Statutes....

...We disagree. The period of time at issue here did not begin to run pursuant to a type of notice described in Florida Administrative Code Rule 28-106.111; it began to run according to a schedule DEP established pursuant to its discretionary authority under section 120.569(2)(c), Florida Statutes (2010)....

...1 Accordingly, we reverse and remand for the ALJ to award the Parents’ their reasonable expenses incurred in this matter. The ALJ struck the Parents’ motions for fees and costs under section 57.105, Florida Statutes (2007), and denied the Parents’ motions for fees and costs under section 120.569(2)(e), Florida Statutes (2007). Because of our decision that the Parents’ are entitled to recover their fees and costs under section 766.31(l)(c), their claims for fees and costs under sections 57.105 and 120.569(2)(e) may be moot....

...On remand, to the extent that the Parents continue to seek fees and costs under section 57.105, an evidentiary hearing may be required for the ALJ to determine whether the Parents complied with the procedural requirements of that statute. The ALJ also denied the Parents’ motions for fees and costs under section 120.569(2)(e) on the basis that it had granted NICA’s motions for clarification....

...l districts such as the School Board. § 120.52(1)(b)7., (6), Fla. Stat. The provisions of the APA apply "in all proceedings in which the substantial interests of a party are determined by an agency" (with some exceptions not relevant in this case). § 120.569(1), Fla....

...Based on our reading of chapter 120 and section 1002.33, we conclude that the process leading to the School Board's termination decision was subject to the APA. Under section 120.52, the School Board is an agency to which the APA generally applies. Under section 120.569, the School Board's decision is one to which the APA applies....

...Now we must answer the second question central to this appeal, concerning what APA protections were required and whether the School Board provided those protections. The APA includes defined procedures for providing due process regarding decisions which determine substantial interests. Under section 120.569(2)(b), "[a]ll parties shall be afforded an opportunity for a hearing after reasonable notice of not less than 14 days," unless waived by consent of all parties. However, to receive such a hearing, a party is required to file a petition or request for a hearing. § 120.569(2)(a), (c), Fla. Stat. If a hearing is requested and the petition is granted, a hearing will be held and the "presiding officer has the power to swear witnesses and take their testimony under oath, to issue subpoenas, and to effect discovery." § 120.569(2)(f), Fla....

...Additionally, "[i]rrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida." § 120.569(2)(g), Fla. Stat. This evidence may be received in written form and testimony must be under oath. Id. Cross-examination is also permitted. § 120.569(2)(j), Fla....

...However, although the School Board may have properly noticed its special meeting under these provisions, an agency meeting is clearly separate in the APA from a hearing necessitated by an agency determining the substantial interests of a party, as the latter is found in section 120.569 while the former is found in section 120.81. The relationship between chapters 120 and 1002 is much more complex. Much of the complexity stems from the seeming clash between the immediate termination provisions of section 1002.33(8)(d) and the notice and hearing requirements of section 120.569(2)(b)....

...han by excluding itself from the general procedure for terminating charters which requires ninety days' notice. Under the statute, immediate means only something less than ninety days, which clearly encompasses the fourteen-day notice requirement of section 120.569(2)(b) as applied to the School Board's determination of good cause for termination (plus twenty-four hours' notice of termination once good cause is shown based on the charters)....

...Therefore, we are not required to give any deference to AHCA's legal analysis on this point. Id. In his final order, the ALJ initially concluded as a matter of law that DOAH had "jurisdiction over the subject matter and the parties ... pursuant to sections 120.569, 120.57(1) and 409.910(17), Florida Statutes." (Emphasis added.) The ALJ did not err in reaching that conclusion, and the parties have not argued that he did....

...at 1083 (emphasis in original) (citations omitted). Equally noteworthy is the Second District's additional observation that "chapter 120 does not actually employ the word 'standing,' " but [u]nder the statutory language, a hearing is provided pursuant to section 120.569(1)[, Florida Statutes ], "in all proceedings in which the substantial interests of a party are determined by an agency" [and], [t]hus, the concept of "standing" in an administrative proceeding depends on whether the particular entity at issue qualifies as a "party." Id. (quoting § 120.569(1), Fla....

...The question of whether Dr. Simmons is entitled to administrative hearing and the form thereof are matters that should be addressed on appeal from a final agency order. What seems apparent at this point, however, is that AHCA has a clear legal duty under section 120.569(2)(a), Florida Statutes, to enter an order granting or denying the petition for formal administrative hearing....

...Code R. 40E-4.30K3). 2 SFWMD approved G5’s application and issued the ERP. After G5 completed its project, Duke’s contested issuance of the ERP; asked SFWMD to deny, revoke, or modify the permit; and requested a formal administrative hearing. 3 See § 120.569(2)(a), Fla. Stat. (2011); Fla. Ad *15 min. Code R. 28-106.201. Following a hearing before the Department of Administrative Hearings, see § 120.569(2)(a), the Administrative Law Judge (ALJ) submitted a recommended order to SFWMD....

...ing an explanation of how the alleged facts relate to the specific rules or statutes. g. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the proposed action. Under section 120.569(2)(c), Florida Statutes (2010): A petition shall be dismissed if it is not in substantial compliance with [the requirements of section 120.54(5)(b)4] or it has been untimely filed....

...have been considered a sufficient hearing request). Even if his letter was a deficient petition for administrative hearing under section 120.54(5)(b)4, the appellant should have at least been provided the opportunity to file an amended petition. See § 120.569(2)(c)....

...Dep’t of Tramp., 791 So.2d 491, 492 (Fla. 1st DCA 2001) (same). Where, as here, the permit applicant disputes the factual grounds on which the agency denied its application, the applicant is entitled to a hearing at DOAH under section 120.57(1). See § 120.569(1), Fla....

...Rivera argues that the Board failed to introduce any proof other than inadmissible hearsay. Accordingly, we must examine the Board's proof on the fourth element and the sufficiency of the evidence to support the forfeiture order. In administrative proceedings such as the one conducted by the Board, section 120.569(2)(g) provides: Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the co...

...Friends of Nassau County, Inc., (Friends) and Sherry Bevis, Friends' president and sole director, along with Charles Commander and David Theriaque, lawyers who represented Friends, appeal a final order imposing sanctions under section 120.57(1)(b)5., Florida Statutes (1995) (now codified at section 120.569(2)(c), Florida Statutes (1999))....

...y's fee. § 120.57(1)(b)5, Fla. Stat. (1995). This statute was incorporated in the present *57 version of the Administrative Procedure Act, with only minor revisions including a change in the designation "hearing officer" to "presiding officer." See § 120.569(2)(c), Fla....

...STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, Appellee. No. 3D10-1901. District Court of Appeal of Florida, Third District. August 31, 2011. Abadin Cook and Kai E. Jacobs, Miami, for appellant. Robert Alan Fox, Senior Attorney, for appellee. Before CORTIÑAS, SALTER and EMAS, JJ. PER CURIAM. Affirmed. § 120.569(2)(c), Fla....

...Renick was not entitled to a "special risk classification", the Commission did not render a final order in writing detailing findings of fact until the June 29, 2001 date, some 600 days later. Ms. Renick's lynchpin for reversal on this issue revolves around section 120.569(2)( l ), Florida Statutes (2001), which states: 120.569 Decisions which affect substantial interests.— * * * [2]( l ) Unless the time period is waived or extended with the consent of all parties, the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated, and it must be rendered within 90 days: 1. After the hearing is concluded, if conducted by the agency; Although section 120.569(2)( l ) states that final orders must be rendered within 90 days, it does not specify any sanction for violation of the time requirement....

...taken of the final order. We can envision no justifiable reason for a delay of this magnitude, and would hope that our legislature will, in the near future, specifically enact some form of statutory sanction for violations of the time requirement in section 120.569(2)( l ), Florida Statutes....

...The Department denied the motion and this appeal follows. On appeal, the Department concedes that based on Seavor's alleged statutory and administrative code violations, it was improper to impose a suspension in excess of twelve months. We otherwise affirm the Department's order. Section 120.569(2)(c), Florida Statutes, was amended in 1998 to specifically provide that a petition for hearing "shall be dismissed if ....

...Dep't of Children & Family Servs., 813 So.2d 237 (Fla. 2d DCA 2002) (excusable neglect standard does not apply in determining whether to grant untimely request for administrative hearing); see also Patz v. Dep't of Health, 864 So.2d 79 (Fla. 3d DCA 2003). Although section 120.569(2)(c) expressly provides that equitable tolling [1] is an available defense to dismissal of an untimely filed petition, that defense was not raised below nor would it have been supported by the facts in this case....

...Section 760.11(7) of the Florida Civil Rights Act ("FCRA") provides if the [FCHR] determines that there is not reasonable cause to believe that a violation has occurred, the commission shall dismiss the complaint. The aggrieved person may request an administrative hearing under § 120.569 and 120.57 ......

...More important, though, is that in Banks we ruled: “[E]ven if [the] letter was a deficient petition for administrative hearing under section 120.54(5)(b)4., the appellant should have at least been provided the opportunity to file an amended petition. See § 120.569(2)(c).” 53 So.3d at 1154 . Section 120.569(2)(c), Florida Statutes (2012), unequivocally mandates that the “[d]ismissal of a petition shall, at least once, be without prejudice to petitioner’s filing a timely amended petition curing the defect, unless it conclusively appea...

...exercise of administrative action, which must determine whether the administrative agency has performed consistently with the mandate of the legislature.”). - 11 - based on the evidence presented by the parties. § 120.569(2)(l)-(m), Fla....

...In doing so, the majority upsets a legislatively weighed balance between detail and expediency set out in the Commission’s authorizing statute and the Florida APA. See § 366.06(1) (requiring that the Commission consider the factors in the statute “to the extent practicable”) (emphasis added); see also § 120.569(2)(m) (requiring that findings of fact “be accompanied by a concise and explicit statement of the underlying facts of record which support the findings”)....

...If we had not concluded that the final order should be set aside for other reasons, we would find an abuse of discretion in failing to grant a short continuance and reverse for a new hearing. In the same vein, however, we also find error in the delay of DOH in rendering its final order. Section 120.569(L)(2) provides: “Unless the time period is waived or extended with the consent of all parties, the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated, and it must be rendered within 90 days ... after a recommended order *332 is submitted to the agency and mailed to all parties, if the hearing is conducted by an administrative law judge.... ” § 120.569(L)(2), Fla....

...render its final order after the recommended order was mailed to all parties. In Department of Business Regulation, Division of Pari-Mutuel Wagering v. Hyman, 417 So.2d 671 (Fla.1982), the court held that a violation of the time limits set forth in section 120.569 should not result in a reversal unless “the delay resulted in an impairment of either the fairness of the proceedings or the correctness of the action.” 417 So.2d at 673 ....

2 See § 120.569(2)(c), Fla. Stat. (2023) (allowing for “equitable

...Yet, even if a new probable cause finding were required for the Department to proceed on the alternative theory of prosecution, the ALJ could have relinquished jurisdiction for it to do so and the parties would ensure the probable cause panel was quickly convened. See, § 120.569(2), Fla....

...On July 24, 2006, Gaines filed a Petition for Formal Administrative Hearing Pursuant to Section 120.57, Florida Statutes (2007), to challenge the applicability of Condition 8. OFR denied the petition on August 8, 2006, based on substantial noncompliance with the requirements of section 120.569(2), Florida Statutes (2007), and Florida Administrative Code Rule 28-106.201, and issued a Final Order making certain Findings of Fact and Conclusions of Law but granted leave to file an amended petition....

...The motion asks that the matter be referred to the Division of Administrative Hearings for resolution of the factual dispute. This request should have been honored. “Unless waived by all parties, s. 120.57(1) applies whenever the proceeding involves a disputed issue of material fact.” § 120.569(1), Fla....

...Ultimately, the Board’s approval of the proposed settlement at that April meeting became the basis for the Board’s final order entered on September 15, 2000. Here, the administrative law judge did not relinquish jurisdiction for formal action to be taken by the Board at its April 16, 1999 meeting. See § 120.569(2)(a), Fla....

...spect to the formal proceedings except as a party litigant. Jurisdiction could only revest in the referring agency without a recommended order from the hearing officer by obtaining a favorable ruling on a motion for relinquishment of jurisdiction.). Section 120.569, Florida Statutes (2000), applies in all proceedings in which the substantial interests of a party are determined by an agency. “All parties shall be afforded an opportunity for a hearing after reasonable notice of not less than 14 days.” See § 120.569(2)(b), Fla. Stat. (2000). As conceded by the Board, Ryan was only given four days notice of the Board’s meeting in violation of section 120.569....

...esented by *39 counsel. Ryan was never afforded that opportunity. Because there are disputed issues of material fact which were never resolved before an administrative law judge, this matter must be remanded for a formal hearing pursuant to sections 120.569 and 120.57....

...utes (2000), we affirm the dismissal of the petitions seeking a section 120.57(1) hearing. See § 120.54(5)(b)4., Fla. Stat. (2000) (establishing Uniform Rules of Procedure for the filing of petitions for administrative hearings pursuant to sections 120.569 and 120.57); Fla. Admin. Code R. 59-1.018 (1998) (adopting the Uniform Rules of Procedure); see also § 120.569(2)(c), Fla....

Petition must be dismissed as required by Section 120.569(2)(c), Florida Statutes. We find no error

...RULE 9.190. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION (a) [No change] (b) Commencement. (1) An appeal from final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes, including immediate final orders entered pursuant to section 120.569(2)(n), Florida Statutes, or other administrative action for which judicial review is provided by general law shall be commenced in accordance with rule 9.110(c)....

...n accordance with rules 9.100(b) and (c). (3) [No change] (c) The Record. (1) [No change] (2) Review of Final Action Pursuant to the Administrative Procedure Act. (A)-(E) [No change] (F) In an appeal from an immediate final order entered pursuant to section 120.569(2)(n), Florida Statutes, the record shall be compiled in an appendix pursuant to rule 9.220 and served with the briefs....

...(1) [No change] *247 (2) Application for Stay Under the Administrative Procedure Act. (A) [No change] (B) When an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60(6), Florida Statutes, or issued an immediate final order under section 120.569(2)(n), Florida Statutes, a licensee the affected party may file with the reviewing court a motion for stay on an expedited basis....

...ication of the specific provisions of this contract, except as exclusions are noted in this Contract." The grievance procedure is available in lieu of, not simultaneously with — or only after resort to — judicial or administrative procedures under section 120.569, Florida Statutes (2001)....

...Parrish would be permitted to re-enroll in the state health insurance program if he paid premiums from July 2001 through March 2002, this letter does not reflect that he was informed of any right to an administrative hearing or judicial review to contest the back premium payment condition available under sections 120.569, 120.57, or 120.68, Florida Statutes (2001), much less that he instituted any such proceedings....

...on for a hearing, “we agree with the Utility that Rule 25-22.029, F.A.C., contemplates that it is after the Agenda Conference and issuance of the PAA action that the provisions of Section 120.569 and 120.57, F.S., become applicable.” As is the case for all proposed agency action proceedings, OPC will have the opportunity to address the Commission at the ....

...full discovery procedures in ESE due process hearings. In response, the administrative law judge ruled that she had jurisdiction both to authorize and to compel discovery in such hearings. S.T. petitioned for relief in the circuit court. Relying on section 120.569(2)(f), Florida Statutes (2000), the circuit court entered a written order agreeing with the position of the School Board and determined that administrative law judges have authority to allow discovery in an ESE matter. Section 120.569(2)(f) permits an administrative law judge, in certain circumstances, to "issue subpoenas, and to effect discovery on the written request of any party by any means available to the courts" and as provided by the Florida Rules of Civil Procedure....

...ministrative Code. Neither of these authorities, however, discuss, contemplate, or otherwise support the allowance of discovery in this particular circumstance. Section 230.23(4)(m)5, in fact, specifically exempts ESE hearings from the provisions of section 120.569 by providing, in pertinent part: The parent or guardian of an exceptional student evaluated and placed or denied placement in a program of special education shall be notified of each such evaluation and placement or denial. Such notice shall contain a statement informing the parent or guardian that he or she is entitled to a due process hearing on the identification, evaluation, and placement, or lack thereof. Such hearings shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011, and any records created as a result of such hearings shall be confidential.......

...esignated funds, alleging, in pertinent part, that the Department had made improper factual determinations when deciding that the appellants were not entitled to such funds. After the evidentiary hearing, conducted pursuant to sections 120.57(1) and 120.569, Florida Statutes (2007), the ALJ entered a recommended order finding that several of the appellants were properly denied undesignated funds....

...The Department entered a final order approving the ALJ's recommended order and denying all of the appellants' exceptions. The Department identified record evidence that supported the ALJ's findings that certain appellants did not qualify for undesignated funds. Section 120.569 Florida Statutes (2007), governs administrative decisions affecting substantial interests. Section 120.569(2)(m), provides, "Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, *572 must be accompanied by a concise and explicit statement of the underlying facts of record which support the findings." Additionally, we explained in Memorial Healthcare Group, Inc....

...The ALJ, as the finder of fact, was required to identify record evidence in support of his denial of the appellants' claims to undesignated funds. The Department's citation to record evidence that supports the ALJ's findings in the final order does not cure the ALJ's failure to adhere to the requirements of section 120.569(2)(m)....

...Because it found that Blackwood’s request for hearing was untimely filed and that she failed to cure the defects in her request for a hearing, AHCA denied a formal hearing. AHCA was required to deny a hearing because the request was legally insufficient. Section 120.569(2)(c), Florida Statutes (2001) provides that: “[u]nless otherwise provided by law, a petition or request for hearing shall include those items required by the uniform rules adopted pursuant to s....

...In neither her original request for a hearing, nor her amended request, did Blackwood address the specific statement in the notice of intent to deny, which stated that she was a confirmed perpetrator of abuse, neglect, or exploitation. AHCA properly denied Blackwood’s request for a hearing. See § 120.569(2)(c) (“A petition shall be dismissed if it is not in substantial compliance with these requirements or [if] it has been untimely filed.”) (emphasis added)....

formal proceeding under section 120.57(1). See § 120.569(1), Fla. Stat. (2003); Spuza v. Department of

...40.13(7)(a). As the party filing the petition, Partners was served with a copy of each dispute resolution dismissal and was notified of “its right to an administrative hearing concerning this proposed agency action by the department under sections 120.569 and 120.57, Florida Statutes.” Partners subsequently filed, pursuant to section 120.57(2), Florida Statutes, ninety-six petitions for administrative hearings challenging OMS’s dismissal of its petitions for dispute resolution. On February 8, 2012, the Department entered an order dismissing all of the petitions without prejudice on the grounds that (1) the petitions lacked the required pleading elements found in section 120.569, and (2) Partners lacked standing to pursue an administrative challenge to the Department’s dismissals of its petitions....

...2014) (quoting Fla. Pub. Serv. Comm'n v. Triple "A" Enter., Inc. , 387 So.2d 940 , 943 (Fla. 1980) ). "In the administrative arena, due process requirements are found in chapter 120, Florida Statutes, the Florida Administrative Procedure Act." Id. Section 120.569, Florida Statutes, provides the procedure to be followed when the substantial interests of a party are determined by an agency. Under this section, "[a]ll parties shall be afforded an opportunity for a hearing after reasonable notice ...." § 120.569(2)(b), Fla....

...2014) (quoting Fla. Pub. Serv. Comm'n v. Triple "A" Enter., Inc. , 387 So.2d 940 , 943 (Fla. 1980) ). "In the administrative arena, due process requirements are found in chapter 120, Florida Statutes, the Florida Administrative Procedure Act." Id. Section 120.569, Florida Statutes, provides the procedure to be followed when the substantial interests of a party are determined by an agency. Under this section, "[a]ll parties shall be afforded an opportunity for a hearing after reasonable notice ...." § 120.569(2)(b), Fla....

...An appeals court may set aside agency action only upon certain findings. § 120.68(7)(b), Fla. Stat. (1999). These include a finding that “[t]he agency’s action depends on any finding of fact that is not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 and 120.57.” Id. The first hearing, which produced Milliken’s statement that Altimeaux quit, was not conducted pursuant to section 120.569(2)(j), because that section requires that a “party shall be permitted to conduct cross-examination when testimony is taken.” Because Altimeaux did not have the *925 opportunity to cross-examine Milliken at that hearing, the appeals referee should have rejected Milliken’s testimony there as incompetent....

...DOR then petitioned this Court to review the ALJ’s order. II. DOR contends that it cannot comply with the ALJ’s order to begin downward modification proceedings because the ALJ has reserved jurisdiction over the case. We agree. Section 120.569(2)(a), Florida Statutes, states in pertinent part, “The referring agency shall take no further action with respect to a proceeding under s....

...specifically modified by this rule. (b) Commencement. (1) An appeal from final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes, including immediate final orders entered pursuant tounder section 120.569(2)(n), Florida Statutes, or other administrative action for which judicial review is provided by general law shallmust be commenced in accordance with rule 9.110(c). (2) Review of nonfinal agency action under the Administra...

...(2) Review of Final Action Pursuant toUnder the Administrative Procedure Act. -5-  (A) Proceedings Involving Disputed Issues of Material Fact. In an appeal from any proceeding conducted pursuant tounder sections 120.569 and 120.57(1), Florida Statutes, the record shallwill consist of all notices, pleadings, motions, and intermediate rulings; evidence admitted; those matters officially recognized; proffers of proof and objections and rulings thereon; proposed...

...blic records; all matters placed on the record after an ex parte communication; and the official transcript. (B) Proceedings Not Involving Disputed Issues of Material Fact. In an appeal from any proceeding pursuant tounder sections 120.569 and 120.57(2), Florida Statutes, the record shallwill consist of the notice and summary of grounds; evidence received; all written statements submitted; any decisions overruling objections; all matters placed on the record after an ex parte c...

...atutes; and all written inquiries from standing committees of the legislature concerning the rule. -7-  (F) Immediate Final Orders. In an appeal from an immediate final order entered pursuant tounder section 120.569(2)(n), Florida Statutes, the record shallmust be compiled in an appendix pursuant to rule 9.220 and served with the briefs. (3) [NO CHANGE] (4) Review of Administrative Action Not Subject to the Administrative Procedure Act....

...specifically modified by this rule. (b) Commencement. (1) An appeal from final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes, including immediate final orders entered pursuant tounder section 120.569(2)(n), Florida Statutes, or other administrative action for which judicial review is provided by general law shallmust be commenced in accordance with rule 9.110(c). (2) Review of nonfinal agency action under the Administra...

...(2) Review of Final Action Pursuant toUnder the Administrative Procedure Act. -5-  (A) Proceedings Involving Disputed Issues of Material Fact. In an appeal from any proceeding conducted pursuant tounder sections 120.569 and 120.57(1), Florida Statutes, the record shallwill consist of all notices, pleadings, motions, and intermediate rulings; evidence admitted; those matters officially recognized; proffers of proof and objections and rulings thereon; proposed...

...blic records; all matters placed on the record after an ex parte communication; and the official transcript. (B) Proceedings Not Involving Disputed Issues of Material Fact. In an appeal from any proceeding pursuant tounder sections 120.569 and 120.57(2), Florida Statutes, the record shallwill consist of the notice and summary of grounds; evidence received; all written statements submitted; any decisions overruling objections; all matters placed on the record after an ex parte c...

...atutes; and all written inquiries from standing committees of the legislature concerning the rule. -7-  (F) Immediate Final Orders. In an appeal from an immediate final order entered pursuant tounder section 120.569(2)(n), Florida Statutes, the record shallmust be compiled in an appendix pursuant to rule 9.220 and served with the briefs. (3) [NO CHANGE] (4) Review of Administrative Action Not Subject to the Administrative Procedure Act....

...The appellant, Riverwood Nursing Center, LLC, d/b/a Glenwood Nursing Center (Glenwood), appeals a final order from the Agency for Health Care Administration (AHCA), dismissing Glenwood’s request for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes (2010), as untimely....

...We take no position as to whether Glen-wood’s substantial interests were affected by the statement of deficiencies issued by AHCA or whether Glenwood was entitled to request an administrative hearing challenging the statement of deficiencies before AHCA filed a formal administrative complaint. See § 120.569(1), (2)(a), Fla....

...quest for hearing, nor makes any reference whatsoever to the April 16, 2010, request for hearing addressed to CMS. Further, although the agency is required to grant or deny a request for hearing within fifteen days of the filing of such request, see section 120.569(2)(a), Florida Statutes, the record does not reflect any effort by Glenwood to inquire with AHCA after fifteen days had passed, with no action by AHCA on the *912 purported request....

...hapter 120 hearing before a state agency by filing a request with a federal agency. To the contrary, Florida law unambiguously requires a party seeking an administrative hearing before a state agency to file the request with the state agency itself. § 120.569(2)(a), Fla....

...3d DCA 2015). III. Analysis At the outset, we note that, pursuant to the APA, when actions undertaken by a Florida administrative *550 agency- affect one’s “substantial interests,” the affected person is entitled to an administrative hearing. § 120.569(1), Fla....

reliance on section 120.57(1) is misplaced. Section 120.569, Florida Statutes (1997), reads, in pertinent

...[1] Accordingly, we reverse and remand for the ALJ to award the Parents' their reasonable expenses incurred in this matter. The ALJ struck the Parents' motions for fees and costs under section 57.105, Florida Statutes (2007), and denied the Parents' motions for fees and costs under section 120.569(2)(e), Florida Statutes (2007). Because of our decision that the Parents' are entitled to recover their fees and costs under section 766.31(1)(c), their claims for fees and costs under sections 57.105 and 120.569(2)(e) may be moot....

...On remand, to the extent that the Parents continue to seek fees and costs under section 57.105, an evidentiary hearing may be required for the ALJ to determine whether the Parents complied with the procedural requirements of that statute. The ALJ also denied the Parents' motions for fees and costs under section 120.569(2)(e) on the basis that it had granted NICA's motions for clarification....

information of patient abuse or neglect, and section 120.569(2)(n), which permits agencies to enter immediate

...Thompson failed to attend the informal hearing despite receiving short, but adequate notice. Section 120.57(2), Florida Statutes (2007), requires reasonable notice of an agency's intention to conduct an informal hearing. Only formal hearings require no less than fourteen days notice. See § 120.569(1) & (2)(b), Fla....

...During the pendency of this appeal, the Office filed an unopposed motion to relinquish jurisdiction “to allow the agency to determine the specific matter of whether the appellant was served with reasonable notice of the administrative proceeding below, pursuant to section 120.569 of the Florida Statutes and Rule 28- 106.111 of the Florida Administrative Code.” The motion stated that “[i]n light of new information, there may no longer be a need for appellate review depending on OFR’s determination whethe...

...facility is eligible to participate in the State program. Exhibit K. Joint Statement of Undisputed Material Facts, (R-102-05)(emphasis added). The hearing officer entered a recommended order based on stipulated facts, exhibits, and written argument, § 120.569(1), Fla....

KAHN, J. By this original proceeding, petitioners assert their entitlement to proceed under section 120.569(2), Florida Statutes (2005)....

...They complain that respondent, the Department of Management Services (“Department”), had no discretion to dismiss their petition for formal administrative hearing. We find that the Department had a clear legal duty to comply with the provisions of section 120.569(2) and, accordingly, grant the relief sought by petitioners, which is a writ of mandamus....

...v. Fla. Dep’t of Corr., 790 So.2d 381, 386 (Fla.2000). We must decide, then, whether petitioners have a clear legal right to proceed on the petition, as filed, and whether the Department has a legal duty to act on the petition pursuant to sections 120.569(2)(a) and 120.569(2)(c), Florida Statutes (2005). Under section 120.569(1), any party whose substantial interests are determined by an agency, and who raises by petition a disputed issue of material fact, has a right to a formal administrative hearing. By its terms, the statute allows an aggrieved party to file a petition with the appropriate agency, “[ejxcept for any proceeding conducted as prescribed by s. 120.56.” § 120.569(2)(a), Fla....

...Servs., 579 So.2d 342, 343 (Fla. 1st DCA 1991). Accordingly, petitioners’ inclusion of a rule challenge, along with the allegation of factual disputes entitling them to an adjudicatory hearing, does not free the Department from the requirements of section 120.569. Under that statute, an agency must, within 15 days of receipt, grant or deny a request for hearing. § 120.569(2)(a), Fla. Stat. (2005). An agency may dismiss a petition only if it articulates with particularity its reasons for doing so. § 120.569(2)(c), Fla....

...See § 120.56(l)(c), Fla. Stat. (2005). Here, the clear intent of the statute has been satisfied because the Department has already received notice of the rule challenge as well as of the substantial interest challenge which, of course, must be filed with the agency. See § 120.569(2)(a), Fla....

...1st DCA 1977). Here, a bifurcation of proceedings would waste public resources and could well result in a duplication of effort. For the reasons stated in this opinion, we GRANT the writ. We instruct the *375 Department to comply with the provisions of sections 120.569(2)(a) and 120.569(2)(c), Florida Statutes (2005)....

...Carr waived her rights to a formal hearing with an ALJ. The conclusion of the Board and the Department that Carr’s request was untimely is erroneous, so we must set aside the final order and remand for the petition to be considered. See generally §§ 120.569, 120.68(6), (7), Fla....

...certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57. § 120.60(5), Fla. Stat. This appeal turns on whether Carr was “given adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57.” 3  When seeking a formal hearing under section 120.569, an aggrieved person must be provided notice—just like in section 120.60(5)—and an opportunity to respond to that notice with a request for a formal hearing. See § 120.569(2)(b), Fla. Stat. The minimum time for an aggrieved person to seek such a request is fourteen days. That can be expanded, however, and it was here. By rule, an aggrieved person has twenty-one days to file such a request under section 120.569(2)....

...required her to certify she consulted all opposing parties and the Department on their position for a requested extension. See Fla. Admin. Code R. 28-106.111(3). Thus, Carr’s motion was not denied, the deadline was tolled, and Carr’s petition for a formal hearing under section 120.569 was timely. Further, even if Department counsel’s comments could be deemed a denial, we agree with Carr that Department counsel was not authorized to deny her motion altogether....

...In response, National States submitted its rate filing and filed a petition seeking a formal administrative hearing under section 120.57(1) contesting the OIR’s order to discontinue the issuance of new policies. OIR dismissed the petition with leave to amend pursuant to section 120.569(2)(c) 1 on the grounds that the petition failed to allege the specific facts supporting National States’ claim as required *109 by rule 28-106.201, Florida Administrative Code....

...in returning the rate filing, arguing that OIR should have allowed National States to submit additional information required in the filing rather than returning it. OIR entered a final order dismissing the amended petition with prejudice pursuant to section 120.569(2)(c), ruling that “National States has again failed to include in its Amended Petition any specific facts National States contends warrants reversal or modification of the [OIR’s] Order.” National States appeals this final order. OIR did not commit error by dismissing National States’ petitions under the authority of section 120.569(2)(e)....

...3d DCA 2003)(holding that, where the petition was dismissed for failing to be in substantial compliance with the statutory requirements, the petitioning party was nevertheless entitled to an additional opportunity to amend the petition in order to comply with the rules of the Florida Administrative Code). Under section 120.569(2)(c), agencies are required to allow petitioners to file timely “at least” one amended petition “unless it conclusively appears from the face of the petition that the defect cannot be cured.” Further, agencies have the discre...

...Accordingly, we hold that OIR abused its discretion in denying National States further opportunities to amend its petition for administrative hearing. REVERSED and REMANDED for proceedings consistent with this opinion. DAVIS, VAN NORTWICK, and POLSTON, JJ., concur. . Section 120.569(2)(c), Florida Statutes (2005), provides in pertinent part: Unless otherwise provided by law, a petition or request for hearing shall include those items required by the uniform rules adopted pursuant to s....

...Florida Real Estate Commission, 902 So.2d 325, 327 (Fla. 5th DCA 2005), as follows: If the agency's action will determine the substantial interests of a party and there are disputed issues of material fact, a party is entitled to a formal proceeding under section 120.57(1). See § 120.569(1), Fla....

...Land Sales, Condos. & Mobile Homes, 659 So.2d 1220 (Fla. 4th DCA 1995); Foreman v. Columbia County Sch. Bd., 408 So.2d 653 (Fla. 1st DCA 1981). A person may waive the right to a section 120.57(1) hearing by electing an informal hearing under section 120.57(2). § 120.569(1), Fla....

...Department of Health & Rehabilitative Servs., 703 So.2d 502 (Fla. 5th DCA 1997). Absent a waiver, an informal proceeding under section 120.57(2) is appropriate when the substantial interests of a party are determined but no material facts are in dispute. § 120.569(1), Fla....

...Dep’t of State, 392 So.2d 1296 (Fla.1981); K.M.T. v. Dep’t of Health & Rehab. Servs., 608 So.2d 865 (Fla. 1st DCA 1992). Finally, chapter 120, Florida Statutes, requires notice of any hearing which affects the substantial interests of a party. See § 120.569, Fla....

...of Florida Division of Administrative Hearings ("DOAH") erred by dismissing her initial petition when she alleged sufficient facts to challenge the unadopted rule. Second, Appellant argues that DOAH erred by dismissing her amended petition with prejudice because section 120.569, Florida Statutes (2017), does not expressly state that DOAH may dismiss with prejudice in this situation....

...to establish that the challenged statements constitute unadopted rules. See id. In addition, DOAH did not err in dismissing Appellant's amended petition as untimely. Appellant was afforded one opportunity to amend her petition pursuant to section 120.569(2)(c), but she filed her amended petition late. As such, DOAH was required to dismiss her amended petition as untimely and was free to dismiss the petition with prejudice because it had already given Appellant the opportunity to amend. See § 120.569(2)(c), Fla....

PER CURIAM. Affirmed. § 120.569(2)(d), Fla....

...ssuance of the conditional license, and specifically the imposition of the condition for Lightsey to comply with the Fencing Rule, by filing with the Commission a petition (the “Petition”) for an administrative proceeding pursuant to sections 120.569 and 120.57, Florida Statutes, 4 Lightsey obtained annual licenses for its hunting preserve every year since at least some time in the 1970s, but the 1987 license is the license that Lightsey asserts contained a permanent exem...

...4 which are part of the Administrative Procedure Act (the “APA”).5 These sections provide for two types of hearings. Section 120.57(1) applies whenever a proceeding involves a disputed issue of material fact. § 120.569(1), Fla....

...among other things, present evidence and cross-examine witnesses. A hearing conducted under section 120.57(1) is referred to as a “formal hearing.” Section 120.57(2) applies when a proceeding does not involve a disputed issue of material fact. § 120.569(1), Fla....

...process in the exercise of its regulatory and executive functions.” With respect to the enforcement of rules promulgated under its constitutional authority, the procedures the Commission has adopted to satisfy this requirement are certain provisions of the APA, including sections 120.569, 120.57 and 120.68.8 See Fla. Admin....

...Mueller, Assistant General Counsel, Jacksonville, for respondent. PER CURIAM. The Teachers Educators Association, Inc. (TEA) petitions this court for a writ of mandamus, complaining of the respondent Duval County School District's failure to act on TEA's petition for formal hearing pursuant to section 120.569, Florida Statutes, on the district's refusal to recognize TEA as an entity authorized to provide training and staff development to district employees....

...We believe the amount of corrective payments can be determined based upon the evidence provided at the original hearing, but the hearing officer may take additional evidence on this issue, if necessary. Failure to Award Attorney’s Fees Pursuant to Section 120.569(2)(e) French argues that the hearing officer erred in failing to consider her request for attorney’s fees pursuant to section 120.569(2)(e), Florida Statutes (2004)....

...motion, or other paper, including a reasonable attorney’s fee. French urges us to consider DCF’s corrective action plan and letter of December 3, 2003, in which it denied French a formal hearing, as examples of improper pleadings or papers under section 120.569(2)(e)....

...rule of sequestration found in section 90.616, Florida Statutes—in its administrative proceedings. Administrative proceedings are instead governed by chapter 120, Florida Statutes, known as the Administrative Procedure Act (APA). See §§ 120.51, 120.569(1), Fla. Stat. (2015). Although chapter 90 sets forth the Florida Evidence Code, the APA contains its own guidance regarding the admissibility of evidence—including testimony—which is found in section 120.569(2)(g), Fla....

...admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. § 120.569(2)(g), Fla....

...2d at 916. -8- We find that the Commission has discretion on whether to apply the Florida Evidence Code and, in particular, the rule of sequestration to its proceedings. III. CONCLUSION Based on sections 90.103(1) and 120.569(2)(g), Florida Statutes, we find that the Florida Evidence Code is not applicable to administrative proceedings. Therefore, as the Commission ruled in this case, it has the discretion to refuse to apply the rule of sequestration, codified in section 90.616, Florida Statutes, during its proceedings....

...Administrative proceedings are governed by chapter 120, Florida Statutes, the Administrative Procedure Act (“APA”). Because Chun disputed issues of material fact, the parties 2 proceeded to a formal administrative hearing under sections 120.569 and 120.57(1), Florida Statutes....

...repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida.” § 120.569(2)(g), Fla....

...Procacci Commercial Realty, Inc. v. Dep’t of Health and Rehabilitative Services, 690 So.2d 603, 606 (Fla. 1st DCA 1997) (“Neither HRS nor any other agency has authority to review fee and cost awards that administrative law judges make under the authority of section 120.569(2)(c), Florida Statutes (Supp.1996).”) Support Terminals Operating Partnership, L.P., and certain other appellees nevertheless challenge our jurisdiction in this case, essentially arguing that the order is not subject to judicial re...

...Bossart, Division of Legal Services, Tallahassee, for appellee. CONNER, BURTON C., Associate Judge. Sherif Kodsy seeks review of an Immediate Final Order ("IFO") entered by the Florida Department of Financial Services ("the Department"), pursuant to section 120.569(2)(n), Florida Statutes (2006)....

...ers. See sections 624.307 and 624.310, Florida Statutes. However, Kodsy points out that rather than issue the IFO pursuant to section 624.310, which provides for an opportunity for a hearing, the Department chose instead to issue the IFO pursuant to section 120.569(2)(n), Florida Statutes, which makes no provision for a hearing. When issuing an emergency order with no right for a hearing, an agency must specify facts and reasons which support a finding that an immediate danger to the public health, safety and welfare requires an immediate final order. See § 120.569(2)(n), Fla....

..."[I]t is not sufficient merely to allege a statutory violation; instead, the order must contain a factual recitation sufficient to demonstrate the existence of an imminent threat of `specific incidents of irreparable harm to the public interest' requiring use of the extraordinary device afforded by section 120.569(2)(n)." UNIMED, Profl Liab....

...r Johnson v. Department of Corrections, 191 So. 3d 965, 968 (Fla. 1st DCA 2016). Respondent then amended its request for attorneys’ fees, conceding it could not prevail under section 120.595(1), and claimed entitlement under a different theory, section 120.569(2)(e), Florida 2 Statutes (2016), which provides for an award of fees as a sanction for any “pleadings, motions, or other papers filed [for an] improper purposes, such as to harass or to...

...ard of attorney’s fees, deeming the amended petition not completely devoid of legal merit. In light of our conclusion that the amended petition wholly lacked legal merit, we vacate the administrative law judge’s denial of attorney’s fees under section 120.569(2)(c), Florida Statutes (1997), and remand for reconsideration....

...d petition for administrative determination of invalidity of agency non-rule policy and existing rules, vacate the denial of the PSC’s request for attorney’s fees, and remand for reconsideration of the PSC’s request for attorney’s fees under section 120.569(2)(c), Florida Statutes (1997)....

...ct, abandoning a construction project, or making a false statement with respect to a project.” See § 489.1401(2), Fla. Stat. (2016). Section 489.142(3), Florida Statutes (2016), requires that the Board conduct a hearing “in accordance with ss. 120.569 and 120.57(2).” Section 120.569 outlines the procedures for conducting the hearing, including the requirement of “reasonable notice of not less than 14 days[.]” See § 120.569(2)(b), Fla....

...Madison Highlands, LLC and American Residential Development, LLC (collectively “Madison Highlands”) appeal a final order of the Florida Housing Finance Corporation (“FHFC”) dismissing its first and second amended petitions for a formal administrative proceeding pursuant to sections 120.569 and 120.57, Florida Statutes (2016)....

...1st DCA 1999) (characterizing effect of section 120.54(5)(a) as “legislative repeal” of agency .procedural rules in conflict with Uniform Rules). Thus, the second amended petition was untimely under rule 28-106.104(3). Nevertheless, Madison . Highlands is entitled to the relief afforded by the equitable tolling doctrine. Section 120.569(2)(c), Florida Statutes (2016), requires agencies to dismiss untimely petitions, but further provides that this direction “does not eliminate the *472 availability of equitable tolling as a defense to the untimely filing of a petiti...

...While, generally, administrative action is upheld if supported by competent, substantial evidence, “an agency’s decision is given no deference when an agency commits an error of law.” Jerry Ulm Dodge, Inc. v. Chrysler Grp. LLC, 78 So.3d 20, 23 (Fla. 1st DCA 2011). Section 120.569(2)(l), Florida Statutes, provides that “the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law.” Additionally, rules 65-2.066(3) and (7),...

...g with Florida Statutes and the Florida Administrative Code was issued. The order denying Taylor’s request for a continuance was not a final order as it did not contain the necessary findings or notice, and contemplated further judicial labor. See § 120.569(2)(l), Fla....

to section 120.57(2), Florida Statutes, and section 120.569(1), Florida Statutes, which provide procedures

...ation. We affirm as to all issues, except on the issue of Riverkeeper’s standing to challenge the District’s application. Riverkeeper contends on appeal that the Governing Board incorrectly determined that it did not have standing under sections 120.569 and 120.57, Florida Statutes (2008), to challenge the issuance of the CUP....

...However, it was not proven that Seminole’s CUP will affect their use or enjoyment of air, water, or natural resources of the River. The Governing Board adopted the ALJ’s recommended order in its final order, although it modified paragraph 137 by removing the language “air, water, or natural resources of.” Section 120.569(1), Florida Statutes, provides in part that: “The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency....” Additionally, section 120.52(13)(b) defines “pa...

...ed to participate in whole or in part in the proceeding, or whose substantial interests will be affected by proposed agency action, and who makes an appearance as a party.” Finally, section 403.412(5) speaks to the issue of standing under sections 120.569 and 120.57, Florida Statutes, providing: (5) In any administrative, licensing, or other proceedings authorized by law for the protection of the air, water, or other natural resources of the state from pollution, impairment, or destruction, th...

...or permitted has or will have the effect of impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state. As used in this section and as it relates to citizens, the term “intervene” means to join an ongoing s. 120.569 or s. 120.57 proceeding; this section does not authorize a citizen to institute, initiate, petition for, or request a proceeding under s. 120.569 or s. 120.57. Nothing herein limits or prohibits a citizen whose substantial interests will be determined or affected bg a proposed agency action from initiating a formal administrative proceeding under s. 120.569 or s....

...If Keen had any objections to the informal hearing process he should have raised his objections at or prior to the hearing. Keen also challenges FREAB’s final order claiming that FREAB failed to follow the proper procedures set forth by Chapter 120-of the Florida Administrative Procedures Act. Section 120.569(1) & (2)(a) of the Florida Statutes provides: *808 120.569....

...e agency. If the agency requests an administrative law judge from the division, it shall so notify the division within 15 days after receipt of the petition or request. A request for a hearing shall be granted or denied within 15 days after receipt. § 120.569(1) & (2)(a), Fla....

...Those charges involved facts not disputed by Keen. Since the facts were undisputed, section 120.57(2) of the Florida Statutes applied. Section 120.57(2) provides that the affected person be given “reasonable notice” of agency action. There is no 15 day requirement as set forth in section 120.569(2)(a) of the Florida Statutes....

...tial, admittedly-deficient order was inconsistent with its own disciplinary guidelines established by rule. In addition, we conclude that DBPR improperly exercised its discretion in refusing to afford the appellant an evidentiary hearing pursuant to section 120.569(1), Florida Statutes (2009), on the threshold factual question: did the appellant timely file an election of rights form with DBPR? License revocations affect important property interests....

...overy orders sometimes lay down. Entering the order in the present case cannot, however, fairly be characterized as furthering discovery 8 “by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure.” § 120.569(2)(d), Fla....

...can Banks, Inc. v. Division of Administrative Hearings, 412 So.2d 373 (Fla. 1st DCA 1981), and Hillsborough County Hospital Authority v. Tampa Heart Institute, 472 So.2d 748 (Fla. 2d DCA 1985). Chapter 84-173, Laws of Florida (1984), now codified as section 120.569(2)(d), Florida Statutes (1997), amended former section 120.58 to grant hearing officers explicit authority to impose all sanctions except contempt in order to effect discovery....

...See, e.g., § 120.56(1)(a), Fla. Stat. (“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”); § 120.569(1), Fla. Stat....

...See, e.g., § 120.56(1)(a), Fla. Stat. (“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”); § 120.569(1), Fla. Stat....

...See, e.g., § 120.56(1)(a), Fla. Stat. (“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”); § 120.569(1), Fla. Stat....

...final order was actually issued. This claim was not raised in the motion to dismiss or ruled on by the trial court. Further, the face of appellant’s complaint contradicted this assertion. 2 APA, sections 120.569 and 120.57, Florida Statutes....

...specifically noted certain “alternative education settings” that were exempt from the APA. For example, section 1006.07(1)(a) notes that “[s]uspension hearings are exempted from the provisions of chapter 120,” but that “[e]xpulsion hearings shall be governed by ss. 120.569 and 120.57(2).” The Legislature did not explicitly exclude “disciplinary reassignment” from the purview of the APA as it did with other forms of discipline. Because the Legislature failed to explicitly determine whether “d...

...interests, and 14 therefore his “disciplinary reassignment” required the application of the APA. We agree. To determine whether an action affects the substantial interests of the plaintiff pursuant to section 120.569, Florida Statutes, two questions must be asked: (1) whether the proposed agency action results in an injury-in-fact that is of sufficient immediacy to justify a hearing; and (2) whether the injury is of the type that the statute under which the agency has acted is designed to protect....

...URIAM. Petitioner, an applicant for licensure as a professional engineer, sought a writ of mandamus complaining that the Board of Professional Engineers failed to grant or deny his petition for formal hearing within 15 days of receipt as required by section 120.569(2)(a), Florida Statutes (2005)....

...Because petitioner has obtained the relief sought in his petition for writ of mandamus,’ we grant petitioner’s request for attorney’s fees. The agency’s action in failing to rule on his petition for formal hearing within 15 days as required by section 120.569(2)(a) constituted a gross abuse justifying an award of attorney’s fees to petitioner pursuant to section 120.595(5)....

...C&S attempted to exercise that right by filing a timely petition for formal administrative hearing with the Division. Under the Administrative Procedure Act, chapter 120, Florida Statutes, the Division had fifteen days within which to rule on the petition. § 120.569(2)(a), Fla. Stat. (a request for a hearing shall be granted or denied within fifteen days after receipt); § 120.569(2)(c), Fla....

...5 constitutional challenge could not be considered in the administrative context. We decline to find the Division’s almost seven-year delay harmless. While C&S is not blameless, the Division failed to follow the mandate of section 120.569 and deprived C&S of due process when it dismissed the initial petition without providing an opportunity to be heard under section 120.57....

...Orlando Urban Area, appellee, constituted an invalid “rule” pursuant to section 120.52(8)(a), Florida Statutes (1997). Among the issues raised on appeal, appellants argue that the order on appeal must be vacated and remanded because, contrary to section 120.569(2)(c), Florida Statutes (1997), the order does not provide specific findings, conclusions, and reasons for the dismissal, and because the administrative law judge refused to allow appellants to amend their petition. We agree and reverse. Section 120.569(2)(e), applicable to proceedings under section 120.56, requires that, in the event a petition is dismissed, the “[dismissal ... shall, at least once, be without prejudice to petitioner’s fifing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured.” Further, section 120.569(2)(c) provides that the order “state with particularity its reasons if the petition is not granted.......

...motions, and ordered the case file closed. The order failed to identify which grounds were considered well-taken or why any defects in the petition could not be cured by amendment. Thus, the order obviously failed to comply with the requirements of section 120.569(2)(c)....

...On remand, the administrative law judge shall enter an amended order setting forth with specificity the reasons for the dismissal and either shall provide appellants with an opportunity to amend their petition or shall state with specificity why any defect in the petition cannot be cured by amendment. See § 120.569(2)(c), Fla....

...9.2 AHCA sought repayment of this amount, along with a fine of $210,398.60 and the audit costs of $3,349.86, for a total of $1,265,741.45. Following AHCA’s determination, Dr. Murciano requested a formal administrative hearing pursuant to section 120.569, Florida Statutes (2013). AHCA referred the matter to the Division of Administrative Hearings (“DOAH”), which was assigned to Administrative Law Judge Todd P....

PER CURIAM. Affirmed. § 120.569(2)(c), Fla....

...revitalization. Thereafter, the Association moved to dismiss Higgins’ lawsuit for lack of subject matter jurisdiction, arguing that the trial court lacked jurisdiction because, to the extent that Higgins’ rights had been affected by the DEO’s ruling, under section 120.569, Florida Statutes (2022), and the exhaustion doctrine, Higgins’ only avenue of recourse was to file a petition for an administrative proceeding....

.... only for prescriptions delineating the classes of cases (subject- matter jurisdiction) and the persons (personal jurisdiction) falling within a court’s adjudicatory authority.”); see also McGhee v. Biggs, 3 Nor could a statute, such as section 120.569, restrict a court’s subject matter jurisdiction....

for respondents to avoid the requirements of section 120.569(2)(n), Florida Statutes (Supp.1998), by disguising

...onstituted an inspection report, which was investigatory in nature. Accordingly, the agency concluded that section 120.57 did not apply to the matter and that Appellant was not entitled to a formal hearing. In the order, the agency acknowledged that section 120.569(2)(c), Florida Statutes, requires the agency to provide a petitioner with an opportunity to correct or amend a deficient petition unless it conclusively appears from the face of the petition that the defect cannot be cured....

...1st DCA 2016) (quotations omitted). “Dismissal of such a petition is reviewable de novo.” Id. Grace contends its letter substantially complied with rule 28- 106.201(2) of the Florida Administrative Code and section 120.54(5)(b)(4), Florida Statutes (2023), hence dismissal was improper. Section 120.569(2)(c), Florida Statutes (2023), mandates dismissal if a petition is not in compliance with rule 28-106.201(2)....

...r how perfunctory or 5 insignificant. See id. at 841. But the court further found that “the facility should be accorded the opportunity to conform its petition to the ‘uniform rules.’” Id. (quoting § 120.569, Fla....

...requested. 4  Appellant filed a petition for formal administrative hearing the following day, and later filed an amended petition. In its amended petition, Appellant sought formal administrative review under sections 120.569 and 120.571(1), Florida Statutes, of the two rate orders as well as OIR’s letter finding no probable cause. Appellant asserted that its members’ substantial interests were affected by the rates, and that several disputed issues of materia...

...addressed Appellant’s request for a hearing on the probable- cause letter and on the rate orders themselves. As to the rate orders, OIR dismissed the petition, concluding that Appellant’s “attempt to challenge the Rate Orders under [s]ections 120.569 and 120.57, Florida Statutes, is precluded under Florida law,” because the rate orders are final orders not subject to administrative challenge....

...Under the Administrative Procedure Act, a “final order” is issued at the conclusion of any formal or informal administrative proceedings, and constitutes final agency action subject to judicial review by the appellate court. 2 See § 120.52(7); 120.569; see also Fla....

...Appellant points out, however, that a “final order” under the Administrative Procedure Act “results from a proceeding” under one of several enumerated provisions of the Act: section 120.56 (rule challenges), section 120.565 (declaratory statements), section 120.569 (decisions affecting substantial interests), section 120.57 (formal and informal administrative hearings), section 120.573 (mediation of disputes), or section 120.574 (summary hearings)....

parties waive application of section 120.57(1). § 120.569(1), Fla. Stat. (2013). If an agency receives a

PER CURIAM. Appellants seek review of an Immediate Final Order entered by appellee (the Office of Insurance Regulation) pursuant to section 120.569(2)(n), Florida Statutes (2002), ordering appellants to cease and desist from the transaction of any new or renewal insurance business in Florida. The order lacks a factual recitation demonstrating the existence of “an immediate danger to the public health, safety, or welfare,” as required by section 120.569(2)(n)....

...iolation; instead, the order must contain a factual recitation sufficient to demonstrate the existence of an imminent threat of “specific incidents of irreparable harm to the public interest” requiring use of the extraordinary device afforded by section 120.569(2)(n)....

...Co. of Am., 793 So.2d at 1184 (quoting from Commercial Consultants). Because the Immediate Final Order does not recite facts sufficient to demonstrate the existence of “an immediate danger to the public health, safety or welfare” as required by section 120.569(2)(n), we reverse....

...e in her care. If true, this would be a violation of Florida Administrative Code Rule 65C-13.010(1)(b)5f's proscription that foster parents "must not use corporal punishment of any kind." Haines timely requested an administrative hearing pursuant to section 120.569(2), Florida Statutes....

...or certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57....