Florida Statute 120.569 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

View Entire Chapter

F.S. 120.569

120.569 Decisions which affect substantial interests.—

(1) The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency, unless the parties are proceeding under s. 120.573 or s. 120.574. Unless waived by all parties, s. 120.57(1) applies whenever the proceeding involves a disputed issue of material fact. Unless otherwise agreed, s. 120.57(2) applies in all other cases. If a disputed issue of material fact arises during a proceeding under s. 120.57(2), then, unless waived by all parties, the proceeding under s. 120.57(2) shall be terminated and a proceeding under s. 120.57(1) shall be conducted. Parties shall be notified of any order, including a final order. Unless waived, a copy of the order shall be delivered or mailed to each party or the party’s attorney of record at the address of record. Each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review; and shall state the time limits which apply.

(2)(a) Except for any proceeding conducted as prescribed in s. 120.56, a petition or request for a hearing under this section shall be filed with the agency. If the agency requests an administrative law judge from the division, it shall so notify the division by electronic means through the division’s website 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. On the request of any agency, the division shall assign an administrative law judge with due regard to the expertise required for the particular matter. The referring agency shall take no further action with respect to a proceeding under s. 120.57(1), except as a party litigant, as long as the division has jurisdiction over the proceeding under s. 120.57(1). Any party may request the disqualification of the administrative law judge by filing an affidavit with the division prior to the taking of evidence at a hearing, stating the grounds with particularity.

(b) All parties shall be afforded an opportunity for a hearing after reasonable notice of not less than 14 days; however, the 14-day notice requirement may be waived with the consent of all parties. The notice shall include:

1. A statement of the time, place, and nature of the hearing.

2. A statement of the legal authority and jurisdiction under which the hearing is to be held.

(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. 120.54(5)(b). Upon the receipt of a petition or request for hearing, the agency shall carefully review the petition to determine if it contains all of the required information. A petition shall be dismissed if it is not in substantial compliance with these requirements or it has been untimely filed. Dismissal 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. The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall state the deadline for filing an amended petition if applicable. This paragraph does not eliminate the availability of equitable tolling as a defense to the untimely filing of a petition.

(d) The agency may refer a petition to the division for the assignment of an administrative law judge only if the petition is in substantial compliance with the requirements of paragraph (c).

(e) All pleadings, motions, or other papers filed in the proceeding must be signed by the party, the party’s attorney, or the party’s qualified representative. The signature constitutes a certificate that the person has read the pleading, motion, or other paper and that, based upon reasonable inquiry, it is not interposed for any improper purposes, such as to harass or to cause unnecessary delay, or for frivolous purpose or needless increase in the cost of litigation. If a pleading, motion, or other paper is signed in violation of these requirements, the presiding officer shall impose upon the person who signed it, the represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.

(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 available to the courts and in the manner provided in the Florida Rules of Civil Procedure, including the imposition of sanctions, except contempt. However, no presiding officer has the authority to issue any subpoena or order directing discovery to any member or employee of the Legislature when the subpoena or order commands the production of documents or materials or compels testimony relating to the legislative duties of the member or employee. Any subpoena or order directing discovery directed to a member or an employee of the Legislature shall show on its face that the testimony sought does not relate to legislative duties.

(g) 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 conduct of their affairs shall be 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.

(h) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original, if available.

(i) When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the material.

(j) A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.

(k)1. Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material.

2. A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides. A failure to comply with an order of the court shall result in a finding of contempt of court. However, no person shall be in contempt while a subpoena is being challenged under subparagraph 1. The court may award to the prevailing party all or part of the costs and attorney’s fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure.

3. Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s. 112.061 if travel away from such public employee’s headquarters is required. All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.

(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;

2. After a recommended order is submitted to the agency and mailed to all parties, if the hearing is conducted by an administrative law judge; or

3. After the agency has received the written and oral material it has authorized to be submitted, if there has been no hearing.

(m) Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, must be accompanied by a concise and explicit statement of the underlying facts of record which support the findings.

(n) 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 finding in the final order, which shall be appealable or enjoinable from the date rendered.

(o) On the request of any party, the administrative law judge shall enter an initial scheduling order to facilitate the just, speedy, and inexpensive determination of the proceeding. The initial scheduling order shall establish a discovery period, including a deadline by which all discovery shall be completed, and the date by which the parties shall identify expert witnesses and their opinions. The initial scheduling order also may require the parties to meet and file a joint report by a date certain.

(p) For any proceeding arising under chapter 373, chapter 378, or chapter 403, if a nonapplicant petitions as a third party to challenge an agency’s issuance of a license, permit, or conceptual approval, the order of presentation in the proceeding is for the permit applicant to present a prima facie case demonstrating entitlement to the license, permit, or conceptual approval, followed by the agency. This demonstration may be made by entering into evidence the application and relevant material submitted to the agency in support of the application, and the agency’s staff report or notice of intent to approve the permit, license, or conceptual approval. Subsequent to the presentation of the applicant’s prima facie case and any direct evidence submitted by the agency, the petitioner initiating the action challenging the issuance of the license, permit, or conceptual approval has the burden of ultimate persuasion and has the burden of going forward to prove the case in opposition to the license, permit, or conceptual approval through the presentation of competent and substantial evidence. The permit applicant and agency may on rebuttal present any evidence relevant to demonstrating that the application meets the conditions for issuance. Notwithstanding subsection (1), this paragraph applies to proceedings under s. 120.574.

History.—s. 18, ch. 96-159; s. 7, ch. 97-176; s. 4, ch. 98-200; s. 4, ch. 2003-94; s. 6, ch. 2006-82; s. 14, ch. 2008-104; s. 11, ch. 2011-208; s. 10, ch. 2011-225.

F.S. 120.569 on Google Scholar

F.S. 120.569 on CourtListener

Amendments to 120.569

Annotations, Discussions, Cases:

Cases Citing Statute 120.569

Total Results: 146

School Board of Palm Beach County v. Survivors Charter Schools, Inc.

3 So. 3d 1220, 34 Fla. L. Weekly Supp. 251, 2009 Fla. LEXIS 570, 2009 WL 485099

Supreme Court of Florida | Filed: Feb 27, 2009 | Docket: 2530986

Cited 37 times | Published

encompasses the fourteen-day notice requirement of section 120.569(2)(b) as applied to the School Board's determination

Flo-Sun, Inc. v. Kirk

783 So. 2d 1029, 2001 WL 298917

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

Cited 21 times | Published

the Division of Administrative Hearings. See § 120.569, Fla. Stat. (1995). Moreover, any person with

Gross v. Department of Health

819 So. 2d 997, 2002 WL 1389304

District Court of Appeal of Florida | Filed: Jun 28, 2002 | Docket: 1750101

Cited 20 times | Published

formerly referred to as a hearing officer.[3] § 120.569(1), Fla. Stat. (2001). After hearing all of the

Hill v. Division of Retirement

687 So. 2d 1376, 1997 Fla. App. LEXIS 1407, 1997 WL 75520

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1370766

Cited 18 times | Published

any, and conclusions of law separately stated." § 120.569(2)(j), Fla. Stat. (Supp.1996). An agency has not

Life Care Centers v. Sawgrass Care Center

683 So. 2d 609, 1996 WL 669949

District Court of Appeal of Florida | Filed: Nov 21, 1996 | Docket: 466169

Cited 13 times | Published

96-159, § 18, at 40, Laws of Fla. (creating section 120.569(2)(k), Florida Statutes). We must decide whether

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

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

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

Cited 12 times | Published

conducted by an administrative law judge. See § 120.569, Fla. Stat. (2001). A claimant is entitled to

Peace River/Manasota Regional Water Supply Authority v. IMC Phosphates Co.

18 So. 3d 1079, 2009 Fla. App. LEXIS 1062, 2009 WL 331660

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1640493

Cited 10 times | Published

language, a hearing is provided pursuant to section 120.569(1) "in all proceedings in which the substantial

River Users v. Environmental Protection

948 So. 2d 794, 2006 WL 3371566

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 1764117

Cited 10 times | Published

party's petition must be taken as true. Id. Section 120.569(1), Florida Statutes (2005), provides that

Florida Dept. of Ins. v. BANKERS INS.

694 So. 2d 70, 1997 Fla. App. LEXIS 3939, 1997 WL 178847

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 1450665

Cited 10 times | Published

with the virtually ministerial duty, under section 120.569(2)(i), Florida Statutes (Supp.1996), to enforce

Menke v. Broward County School Bd.

916 So. 2d 8, 23 I.E.R. Cas. (BNA) 936, 2005 Fla. App. LEXIS 15291, 2005 WL 2373923

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1659489

Cited 9 times | Published

in discovery matters *11 is prescribed by section 120.569(2)(f), Florida Statutes, providing in part:

Rosenzweig v. Department of Transp.

979 So. 2d 1050, 2008 WL 762496

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

Cited 8 times | Published

proceeding under section 120.57(1), Florida Statutes. § 120.569(1), Fla. Stat. Unless waived by all parties, an

Aleong v. DEPT. OF BUSINESS AND PROF. REG.

963 So. 2d 799, 2007 WL 2119120

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 1328458

Cited 7 times | Published

2003). The 1998 amendment to Florida Statutes section 120.569(2) added language requiring the dismissal of

Patz v. Department of Health

864 So. 2d 79, 2003 WL 23008852

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1426075

Cited 7 times | Published

before an administrative law judge pursuant to section 120.569(2)(a) of the Florida Statutes. The Explanation

Cann v. CHILDREN AND FAMILY SERVICES

813 So. 2d 237, 2002 WL 506781

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1403424

Cited 7 times | Published

Department's office on November 29, 2000. Further, section 120.569(2)(c), Florida Statutes (2000), provides: "A

Mathis v. Florida Dept. of Corrections

726 So. 2d 389, 1999 WL 69631

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 1711514

Cited 7 times | Published

provided in the Florida Rules of Civil Procedure." § 120.569(2)(d), Fla. Stat. (1997). The order under review

Procacci Commercial Realty v. DHRS

690 So. 2d 603

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 436408

Cited 7 times | Published

section 120.57(1)(b)5. and its successor, section 120.569(2), Florida Statutes (Supp.1996), authorize

Palm Beach County Environmental Coalition v. Florida Department of Environmental Protection

14 So. 3d 1076, 2009 Fla. App. LEXIS 6897, 2009 WL 1531786

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1649907

Cited 5 times | Published

there is "a disputed issue of material fact." § 120.569(1), Fla. Stat. (2008). Chapter 120 defines a "party"

Bertany Ass'n v. Dept. of Financial Serv.

877 So. 2d 854, 2004 WL 1531330

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1285194

Cited 5 times | Published

we affirm. The IFO was rendered pursuant to section 120.569(2)(n), Florida Statutes (2003), which provides

Charlotte County v. IMC-Phosphates Co.

824 So. 2d 298, 2002 WL 1926551

District Court of Appeal of Florida | Filed: Aug 22, 2002 | Docket: 1729437

Cited 5 times | Published

determinations of disputed factual matters. See § 120.569(2)(a), Fla. Stat. (2001) (explaining that when

Charlotte County v. IMC-Phosphates Co.

824 So. 2d 298, 2002 WL 1926551

District Court of Appeal of Florida | Filed: Aug 22, 2002 | Docket: 1729437

Cited 5 times | Published

determinations of disputed factual matters. See § 120.569(2)(a), Fla. Stat. (2001) (explaining that when

McIntyre v. Seminole County School Bd.

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

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

Cited 5 times | Published

exercise a right to a hearing. We disagree. Section 120.569(2)(c), Florida Statutes (1999) provides: Unless

Sapp Farms, Inc. v. FLORIDA DEPT. OF AGRICULTURE AND CONSUMER SERVICES

761 So. 2d 347, 2000 Fla. App. LEXIS 1981, 2000 WL 227923

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 1299971

Cited 5 times | Published

was defective.[2] This claim is groundless. Section 120.569(2)(n), Fla. Stat. (1999), specifically states:

Johnson v. TERRY HUNT CONST. CO.

878 So. 2d 1282, 2004 Fla. App. LEXIS 11704, 2004 WL 1773553

District Court of Appeal of Florida | Filed: Aug 10, 2004 | Docket: 1353510

Cited 4 times | Published

795 So.2d 1040, 1042 (Fla. 1st DCA 2001) ("Section 120.569(1) states that service may be made either on

O'Donnell's Corp. v. Ambroise

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

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

Cited 4 times | Published

issuance of the writ is appropriate because section 120.569(2)(c), Florida Statutes (2002), provides that

Padilla v. Liberty Mut. Ins. Co.

832 So. 2d 916, 2002 Fla. App. LEXIS 18630, 2002 WL 31833726

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1700071

Cited 4 times | Published

86-87 (Fla. 4th DCA 1994). "The provisions of [section 120.569] apply in all proceedings in which the substantial

Citizens of the State of Florida, etc. v. Florida Public Service Commission

146 So. 3d 1143, 39 Fla. L. Weekly Supp. 519, 2014 Fla. LEXIS 2581, 2014 WL 4257733

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171081

Cited 3 times | Published

order, and the final order otherwise satisfies section 120.569(2)(i). Regarding the argument that the Commission

Citizens of the State of Florida, etc. v. Florida Public Service Commission

146 So. 3d 1143, 39 Fla. L. Weekly Supp. 519, 2014 Fla. LEXIS 2581, 2014 WL 4257733

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171081

Cited 3 times | Published

order, and the final order otherwise satisfies section 120.569(2)(i). Regarding the argument that the Commission

Washington County v. Northwest Florida Water Management District

85 So. 3d 1127, 2012 WL 879284

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 2413967

Cited 3 times | Published

plan affects a party's substantial interests. Section 120.569 applies "in all proceedings in which the substantial

Martin County Conservation Alliance v. Martin County

73 So. 3d 856, 2011 Fla. App. LEXIS 17513, 2011 WL 5299370

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 60303495

Cited 3 times | Published

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

Nicks v. DEPT. OF BUSINESS AND PROF. REG.

957 So. 2d 65, 2007 WL 1295745

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 1679179

Cited 3 times | Published

See Fla. Admin. Code R. 28-106.111(2) & (4); § 120.569(2)(c); Autoworld of America Corp. v. Dep't of

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

870 So. 2d 834, 2003 WL 21920888

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

Cited 3 times | Published

proposed action. (Emphasis added). Relatedly, section 120.569, Florida Statutes (2003) provides: (c) Unless

Whiting v. Florida Dept. of Law Enforcement

849 So. 2d 1149, 2003 Fla. App. LEXIS 10867, 2003 WL 21672745

District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 447581

Cited 3 times | Published

Unfortunately for Whiting, this was one day late. Section 120.569(2)(c) compels dismissal of untimely petitions

Bellsouth Telecommunications, Inc. v. Vartec Telecom, Inc.

185 F. Supp. 2d 1280, 2002 U.S. Dist. LEXIS 3491, 2002 WL 338138

District Court, N.D. Florida | Filed: Feb 14, 2002 | Docket: 2384184

Cited 3 times | Published

not such evidence would be admissible in court. § 120.569(2)(g), Fla. Stat. (2001). And at least in some

Barfield v. Department of Health

805 So. 2d 1008, 2001 WL 1613797

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 1669652

Cited 3 times | Published

admissible in a trial in the courts of Florida." § 120.569(2)(g), Fla. Stat. (1999).

McGann v. Florida Elections Com'n

803 So. 2d 763, 2001 Fla. App. LEXIS 15629, 2001 WL 1355313

District Court of Appeal of Florida | Filed: Nov 6, 2001 | Docket: 1784840

Cited 3 times | Published

administrative hearing. In accordance with section 120.569(2), Florida Statutes (1997), the Florida Elections

Miller v. State, Div. of Retirement

796 So. 2d 644, 2001 WL 1230262

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1672571

Cited 3 times | Published

and Florida's Administrative Procedure Act. Section 120.569(2)(g), Florida Statutes (2000), allows consideration

State v. Gtech Corp.

816 So. 2d 648, 2001 WL 193770

District Court of Appeal of Florida | Filed: Jul 17, 2001 | Docket: 1563377

Cited 3 times | Published

affects the substantial interests of a party. See § 120.569, Fla. Stat. Moreover, the Act provides the exclusive

State v. Sun Gardens Citrus, LLP

780 So. 2d 922, 2001 WL 76954

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1708705

Cited 3 times | Published

IFO would constitute final agency action. See § 120.569(2)(n), Fla. Stat. (2000) (noting that if an agency

Sierra Club v. Julie Imanuel Brown, etc.

243 So. 3d 903

Supreme Court of Florida | Filed: May 17, 2018 | Docket: 6748448

Cited 2 times | Published

individual issue in the underlying rate case: Section 120.569(2)(l), Florida Statutes (2012), provides that

Sunshine Chevrolet Oldsmobile v. UAC

910 So. 2d 948, 2005 WL 2320264

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 1744578

Cited 2 times | Published

admissible in a trial in the courts of Florida." § 120.569(2)(g), Fla. Stat. (2002). An administrative action

Meller v. FLORIDA REAL ESTATE COM'N

902 So. 2d 325, 2005 WL 1250217

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675046

Cited 2 times | Published

(2003), without a formal evidentiary hearing. Section 120.569(1), Florida Statutes (2003), explains when

Dillard & Assoc. v. Florida Dep.

893 So. 2d 702, 2005 WL 405485

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1720831

Cited 2 times | Published

standing to bring this challenge. II. Standing Section 120.569(1), Florida Statutes (2003), states "[t]he

Grabau v. DEPT. OF HEALTH, BD. OF PSYCHO.

816 So. 2d 701, 2002 WL 649062

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 1753568

Cited 2 times | Published

Although the deposition might be admissible under section 120.569(2)(g), it is nevertheless hearsay evidence

Miles v. FLORIDA a AND M UNIVERSITY

813 So. 2d 242, 2002 WL 529910

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1725807

Cited 2 times | Published

Florida Statutes (1999). In accordance with section 120.569(2)(a), Florida Statutes (1999), FAMU forwarded

Resort Sales Intern., Inc. v. FLA DEPT. OF BUS.

795 So. 2d 1040, 2001 WL 1093042

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1673210

Cited 2 times | Published

requirements of the Administrative Procedure Act. Section 120.569(1), Florida Statutes (1999) provides that a

United Ins. Co. v. State Dept. of Ins.

793 So. 2d 1182, 2001 WL 1093046

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1678072

Cited 2 times | Published

to satisfy the APA standards set forth in section 120.569(2)(n), Florida Statutes (1999), which states:

FLORIDA ASS'N OF HEALTH MAINTENANCE ORG. v. State, Dept. of Ins.

771 So. 2d 1222, 2000 WL 1616916

District Court of Appeal of Florida | Filed: Oct 31, 2000 | Docket: 1339019

Cited 2 times | Published

Final Order is fair under the circumstances. Section 120.569(2)(n), Florida Statutes, authorizes the Florida

Autoworld of America Corp. v. Department of Highway Safety

754 So. 2d 76, 2000 Fla. App. LEXIS 2285, 2000 WL 257840

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 431016

Cited 2 times | Published

complaint, because they are not disputed. See F.S. § 120.569(1). This leaves only conclusions of law to be

Dept. of Children and Families v. Morman

715 So. 2d 1076, 1998 WL 455523

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 1365797

Cited 2 times | Published

further action ... except as a party litigant." § 120.569(2)(a), Fla. Stat. (1997). With entry of the recommended

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

256 So. 3d 1218

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

Cited 1 times | Published

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

Delgado v. Agency for Health Care Admin.

237 So. 3d 432

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64673084

Cited 1 times | Published

language, a hearing is provided pursuant to section 120.569(1)[, Florida Statutes ], "in all proceedings

Paula Drew v. Florida Department of Education

202 So. 3d 951, 2016 Fla. App. LEXIS 16232

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484732

Cited 1 times | Published

entitled to an administrative hearing pursuant to section 120.569(1) of the Florida Administrative Procedure

Rivera v. Board of Trustees of the City of Tampa's General Employment Retirement Fund

189 So. 3d 207, 2016 Fla. App. LEXIS 2847, 2016 WL 746480

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039675

Cited 1 times | Published

proceedings such as the one conducted by the Board, section 120.569(2)(g) provides: Irrelevant, immaterial

Rivera v. Board of Trustees of the City of Tampa's General Employment Retirement Fund

189 So. 3d 207, 2016 Fla. App. LEXIS 2847, 2016 WL 746480

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039675

Cited 1 times | Published

proceedings such as the one conducted by the Board, section 120.569(2)(g) provides: Irrelevant, immaterial

Duke's Steakhouse Ft. Myers, Inc. v. G5 Properties, LLC

106 So. 3d 12, 2013 WL 191922, 2013 Fla. App. LEXIS 755

District Court of Appeal of Florida | Filed: Jan 18, 2013 | Docket: 60228123

Cited 1 times | Published

requested a formal administrative hearing.3 See § 120.569(2)(a), Fla. Stat. (2011); Fla. Ad*15min. Code

Smith v. Sylvester

82 So. 3d 1159, 2012 Fla. App. LEXIS 3857, 2012 WL 762035

District Court of Appeal of Florida | Filed: Mar 12, 2012 | Docket: 2413309

Cited 1 times | Published

pursuant to its discretionary authority under section 120.569(2)(c), Florida Statutes (2010). Because this

In re Amendments to the Florida Rules of Appellate Procedure

84 So. 3d 192, 2011 Fla. LEXIS 3036, 2011 WL 7758579

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60306681

Cited 1 times | Published

immediate final orders entered pursuant to section 120.569(2)(n), Florida Statutes, or other administrative

Gardner v. School Board of Glades County

73 So. 3d 314, 2011 Fla. App. LEXIS 16724, 2011 WL 5008554

District Court of Appeal of Florida | Filed: Oct 21, 2011 | Docket: 60303368

Cited 1 times | Published

sufficiency of notice is also devoid of merit. See also § 120.569(2)(b) (providing that on decisions that affect

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

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

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

Cited 1 times | Published

period”); O’Donnell’s, 858 So.2d at 1140. Section 120.569(2)(c) confirms and informs our holding that

DeMayo v. STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES

67 So. 3d 1230

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2507292

Cited 1 times | Published

CORTIÑAS, SALTER and EMAS, JJ. PER CURIAM. Affirmed. § 120.569(2)(c), Fla. Stat. (2010).

Banks v. Florida Engineers Management Corp.

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

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

Cited 1 times | Published

with respect to the proposed action. Under section 120.569(2)(c), Florida Statutes (2010): A petition

Banks v. Florida Engineers Management Corp.

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

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

Cited 1 times | Published

with respect to the proposed action. Under section 120.569(2)(c), Florida Statutes (2010): A petition

Ft. Myers Real Estate Holdings, LLC v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

53 So. 3d 1158, 2011 Fla. App. LEXIS 1428, 2011 WL 362416

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298008

Cited 1 times | Published

hearing at DOAH under section 120.57(1). See § 120.569(1), Fla. Stat.; Village Saloon, Inc. v. Div. of

Seavor v. Department of Financial Services

32 So. 3d 722, 2010 Fla. App. LEXIS 5036, 2010 WL 5071593

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 1662972

Cited 1 times | Published

We otherwise affirm the Department's order. Section 120.569(2)(c), Florida Statutes, was amended in 1998

Rodriguez v. Florida Birth-Related Neurological Injury Compensation Ass'n

19 So. 3d 386, 2009 Fla. App. LEXIS 8630, 2009 WL 1815395

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 60254607

Cited 1 times | Published

Parents’ motions for fees and costs under section 120.569(2)(e), Florida Statutes (2007). Because of

Survivors Charter v. Sch. Bd. of Palm Beach

968 So. 2d 39, 2007 Fla. App. LEXIS 10702, 32 Fla. L. Weekly Fed. D 1670

District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 1745206

Cited 1 times | Published

(with some exceptions not relevant in this case). § 120.569(1), Fla. Stat. To establish that the substantial

Simmons v. State, Agency for Health Care Administration

950 So. 2d 431, 2007 Fla. App. LEXIS 635, 2007 WL 162198

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 64849586

Cited 1 times | Published

is that AHCA has a clear legal duty under section 120.569(2)(a), Florida Statutes, to enter an order

Baycare Health System, Inc. v. AHCA

940 So. 2d 563

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1524026

Cited 1 times | Published

"petition[s] to institute formal proceedings pursuant to § 120.569 and 120.57(1)" in the four cases. The petitions

Vandesande v. Miami-Dade County

431 F. Supp. 2d 1245, 2006 U.S. Dist. LEXIS 29855, 2006 WL 1284662

District Court, S.D. Florida | Filed: Apr 7, 2006 | Docket: 2205592

Cited 1 times | Published

person may request an administrative hearing under § 120.569 and 120.57 ... within 35 days .... In other words

Beverly Healthcare Kissimmee v. Agency for Health Care Admin.

870 So. 2d 208, 2004 Fla. App. LEXIS 3521, 2004 WL 533171

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 618089

Cited 1 times | Published

of Administrative Hearing should be denied. Section 120.569(2)(c), Florida Statutes. Beverly labels this

Golfview Nursing Home v. STATE, AHCA

859 So. 2d 581, 2003 WL 22768422

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1684304

Cited 1 times | Published

agency action. (Emphasis added.) Similarly, section 120.569(1), Florida Statutes (2000), which addresses

Renick v. STATE RETIREMENT COM'N

827 So. 2d 290, 2002 Fla. App. LEXIS 12536, 2002 WL 1997912

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1367462

Cited 1 times | Published

for reversal on this issue revolves around section 120.569(2)(l), Florida Statutes (2001), which states:

Friends of Nassau County, Inc. v. Nassau County

752 So. 2d 42, 2000 WL 121787

District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 1280280

Cited 1 times | Published

Florida Statutes (1995) (now codified at section 120.569(2)(c), Florida Statutes (1999)). Nassau County

Tieger v. School Board

717 So. 2d 172, 1998 Fla. App. LEXIS 11631, 1998 WL 635095

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 64782682

Cited 1 times | Published

petitions for review of the School Board’s denial. Section 120.569(1), Florida Statutes, provides in part: The

Carr v. Department of Health, Board of Nursing

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962127

Published

3 When seeking a formal hearing under section 120.569, an aggrieved person must be provided notice—just

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

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

Published

hence dismissal was improper. Section 120.569(2)(c), Florida Statutes (2023), mandates dismissal

Department of Health v. Chun

District Court of Appeal of Florida | Filed: Jan 23, 2025 | Docket: 69569111

Published

admissible in a trial in the courts of Florida.” § 120.569(2)(g), Fla. Stat. The supreme court has held that

Oracle America, Inc. v. Florida Department of Revenue

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

Published

exercise of delegated legislative authority”); § 120.569(1), Fla. Stat. (providing an administrative proceeding

Oracle America, Inc. v. Department of Revenue

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

Published

exercise of delegated legislative authority”); § 120.569(1), Fla. Stat. (providing an administrative proceeding

Oracle America, Inc. v. Florida Department of Revenue

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

Published

exercise of delegated legislative authority”); § 120.569(1), Fla. Stat. (providing an administrative proceeding

601 Cuda Properties, LLC v. Monroe County Board of County Commissioners

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171801

Published

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

Richard W. Higgins v. Citrus Hills Property Owners Association, Inc.

District Court of Appeal of Florida | Filed: Aug 2, 2024 | Docket: 69009520

Published

had been affected by the DEO’s ruling, under section 120.569, Florida Statutes (2022), and the exhaustion

LIGHTSEY CATTLE COMPANY v. FLORIDA FISH AND WILDLIFE CONSERVATIVE COMMISSION

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68490751

Published

involves a disputed issue of material fact. § 120.569(1), Fla. Stat. (2011). Hearings under section

U.S.A. Lending, Inc., and Zena M. Bardawell v. State of Florida Office of Financial Regulation

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68517943

Published

administrative proceeding below, pursuant to section 120.569 of the Florida Statutes and Rule 28- 106.111

C&S Wholesale Grocers, Inc. v. State of Florida Department of Business and Professional Regulation, Division of

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084183

Published

fifteen days within which to rule on the petition. § 120.569(2)(a), Fla. Stat. (a request for a hearing shall

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

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

Published

based on the evidence presented by the parties. § 120.569(2)(l)-(m), Fla. Stat. (2021). We sustain these

In Re: Amendments to the Florida Rules of Appellate Procedure

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

Published

immediate final orders entered pursuant tounder section 120.569(2)(n), Florida Statutes, or other administrative

In Re: Amendments to the Florida Rules of Appellate Procedure

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

Published

immediate final orders entered pursuant tounder section 120.569(2)(n), Florida Statutes, or other administrative

Department of Health v. Saeed Akhtar Khan

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346491

Published

probable cause panel was quickly convened. See, § 120.569(2), Fla. Stat. (“The referring agency shall take

LADI ANITA MARCH v. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD

District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984885

Published

accordance with ss. 120.569 and 120.57(2).” Section 120.569 outlines the procedures for conducting the

A.W. v. Humana Med. Plan, Inc.

270 So. 3d 400

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713157

Published

Florida Administrative Procedure Act." Id. Section 120.569, Florida Statutes, provides the procedure to

A.W. v. Humana Med. Plan, Inc.

270 So. 3d 400

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713156

Published

Florida Administrative Procedure Act." Id. Section 120.569, Florida Statutes, provides the procedure to

P.F-G v. Dept. of Education

252 So. 3d 304

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

Published

her amended petition with prejudice because section 120.569, Florida Statutes (2017), does not expressly

Rehabilitation Center at Hollywood Hills, LLC v. State of Florida, Agency for Health etc.

250 So. 3d 737

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7224099

Published

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

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

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

Published

section 120.565 (declaratory statements), section 120.569 (decisions affecting substantial interests)

S. J. v. Malcolm Thomas

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6244016

Published

substantial interests of the plaintiff pursuant to section 120.569, Florida Statutes, two questions must be asked:

Perry v. Department of Children & Families

220 So. 3d 546, 2017 WL 2457615, 2017 Fla. App. LEXIS 8327

District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 6070167

Published

person is entitled to an administrative hearing. § 120.569(1), Fla. Stat. (2015). This right to a hearing

Madison Highlands, LLC v. Florida Housing Finance Corp.

220 So. 3d 467, 2017 WL 729535, 2017 Fla. App. LEXIS 2526

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60294200

Published

afforded by the equitable tolling doctrine. Section 120.569(2)(c), Florida Statutes (2016), requires agencies

Florida Industrial Power Users Group v. Art Graham, etc.

209 So. 3d 1142, 42 Fla. L. Weekly Supp. 42, 2017 WL 372086, 2017 Fla. LEXIS 189

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574078

Published

evidence—including testimony — which is found in section 120.569(2)(g), Fla. Stat (2015). That section reads:

State of Florida, Agency For Health Care Adm. v. Planned Parenthood of Southwest etc.

207 So. 3d 1032, 2017 Fla. App. LEXIS 518

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 4570153

Published

claimed entitlement under a different theory, section 120.569(2)(e), Florida Statutes (2016), which provides

Village of Key Biscayne v. Department of Environmental Protection

206 So. 3d 788, 2016 Fla. App. LEXIS 16678

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486851

Published

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

Murciano v. State, Agency for Health Care Administration

208 So. 3d 130, 2016 Fla. App. LEXIS 13176

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 4418053

Published

formal administrative hearing pursuant to section 120.569, Florida Statutes (2013). AHCA referred the

Florida Department of Revenue v. John Garrison Seeley and Sarah Ann Gilbride

213 So. 3d 974

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046124

Published

jurisdiction over the case. We agree. Section 120.569(2)(a), Florida Statutes, states in pertinent

Citizens of the State Ex Rel. Office of Public Counsel v. Florida Public Service Commission & Utilities, Inc.

164 So. 3d 58, 2015 WL 1963786

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2655233

Published

issuance of the PAA action that the provisions of Section 120.569 and 120.57, F.S., become applicable.”

Failer v. State, Department of Health

139 So. 3d 359, 2014 WL 1600453, 2014 Fla. App. LEXIS 5742

District Court of Appeal of Florida | Filed: Apr 22, 2014 | Docket: 60241072

Published

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

Herrmann v. District Board of Trustees

120 So. 3d 626, 2013 WL 4713000, 2013 Fla. App. LEXIS 14069

District Court of Appeal of Florida | Filed: Sep 3, 2013 | Docket: 60234168

Published

an amended petition. See § 120.569(2)(c).” 53 So.3d at 1154. Section 120.569(2)(c), Florida Statutes (2012)

Prescription Partners, LLC v. State, Department of Financial Services

109 So. 3d 1218, 2013 WL 1235893, 2013 Fla. App. LEXIS 5161

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229469

Published

lacked the required pleading elements found in section 120.569, and (2) Partners lacked standing to pursue

Taylor v. Department of Children & Families

81 So. 3d 566, 2012 WL 555434, 2012 Fla. App. LEXIS 2655

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305947

Published

LLC, 78 So.3d 20, 23 (Fla. 1st DCA 2011). Section 120.569(2)(l), Florida Statutes, provides that “the

In re Amendments to the Florida Rules of Appellate Procedure

75 So. 3d 239, 2011 WL 5218961

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60303673

Published

immediate final orders entered pursuant to section 120.569(2)(n), Florida Statutes, or other administrative

Demayo v. State Department of Financial Services

67 So. 3d 1230, 2011 Fla. App. LEXIS 13695

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60301966

Published

PER CURIAM. Affirmed. § 120.569(2)(c), Fla. Stat. (2010).

Riverwood Nursing Center, LLC v. Agency for Health Care Administration

58 So. 3d 907, 2011 Fla. App. LEXIS 3207, 2011 WL 831136

District Court of Appeal of Florida | Filed: Mar 10, 2011 | Docket: 60299544

Published

filed a formal administrative complaint. See § 120.569(1), (2)(a), Fla. Stat. (2010); W. Frank Wells

St. Johns Riverkeeper, Inc. v. St. Johns River Water Management

54 So. 3d 1051, 2011 Fla. App. LEXIS 1979, 2011 WL 553494

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60298225

Published

language “air, water, or natural resources of.” Section 120.569(1), Florida Statutes, provides in part that:

Arteaga v. State, Department of Business & Professional Regulation, Regulatory Council of Community Ass'n Managers

54 So. 3d 599, 2011 Fla. App. LEXIS 1901, 2011 WL 613262

District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 60298342

Published

appellant an evidentiary hearing pursuant to section 120.569(1), Florida Statutes (2009), on the threshold

AFSCME Florida Council 79 v. State, Department of Corrections

23 So. 3d 748, 2009 Fla. App. LEXIS 16874, 2009 WL 3786537

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1657420

Published

judicial or administrative procedures under section 120.569, Florida Statutes (2001). Although DMS indicated

Rodriguez v. BIRTH-REL. NEUROLOGICAL INJURY

19 So. 3d 386

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1651462

Published

Parents' motions for fees and costs under section 120.569(2)(e), Florida Statutes (2007). Because of

Community Health Charities of Florida v. State, Department of Management Services

7 So. 3d 570, 2009 Fla. App. LEXIS 1706, 2009 WL 528800

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1328303

Published

appellants did not qualify for undesignated funds. Section 120.569 Florida Statutes (2007), governs administrative

Floridian Community Bank v. State, Office of Fin. Reg.

989 So. 2d 1231, 2008 WL 4147122

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1665344

Published

substantial noncompliance with the requirements of section 120.569(2), Florida Statutes (2007), and Florida Administrative

National States Insurance Co. v. Office of Insurance Regulation

988 So. 2d 107, 2008 Fla. App. LEXIS 15110, 2008 WL 2787562

District Court of Appeal of Florida | Filed: Jul 21, 2008 | Docket: 64855371

Published

the petition with leave to amend pursuant to section 120.569(2)(c)1 on the grounds that the petition failed

Thompson v. DEPT. OF BUS. AND PROF. REG.

985 So. 2d 61, 2008 WL 2465459

District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 392728

Published

require no less than fourteen days notice. See § 120.569(1) & (2)(b), Fla. Stat. (2007). AFFIRMED. PALMER

Haines v. Dept. of Children and Families

983 So. 2d 602, 2008 Fla. App. LEXIS 5455, 2007 WL 5082522

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1756434

Published

requested an administrative hearing pursuant to section 120.569(2), Florida Statutes. At the administrative

W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

979 So. 2d 339, 2008 Fla. App. LEXIS 5088, 33 Fla. L. Weekly Fed. D 959

District Court of Appeal of Florida | Filed: Apr 7, 2008 | Docket: 64854603

Published

In the order, the agency acknowledged that section 120.569(2)(c), Florida Statutes, requires the agency

Kodsy v. Department of Financial Services

972 So. 2d 999, 2008 WL 36616

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1650929

Published

Financial Services ("the Department"), pursuant to section 120.569(2)(n), Florida Statutes (2006). The IFO ordered

Community Health Charities v. State, Department of Management Services

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

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

Published

assert their entitlement to proceed under section 120.569(2), Florida Statutes (2005). They complain

Salam v. Board of Professional Engineers

946 So. 2d 48, 2006 Fla. App. LEXIS 20864, 2006 WL 3680390

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 64848506

Published

hearing within 15 days of receipt as required by section 120.569(2)(a), Florida Statutes (2005). By unpublished

Hadi v. Liberty Behavioral Health Corp.

927 So. 2d 34, 2006 Fla. App. LEXIS 4385, 2006 WL 782448

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64844191

Published

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

Keen v. Department of Business & Professional

920 So. 2d 805, 2006 Fla. App. LEXIS 1991, 2006 WL 357853

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 64842378

Published

the Florida Administrative Procedures Act. Section 120.569(1) & (2)(a) of the Florida Statutes provides:

French v. Department of Children & Families

920 So. 2d 671, 2006 Fla. App. LEXIS 52, 2006 WL 26182

District Court of Appeal of Florida | Filed: Jan 6, 2006 | Docket: 64842315

Published

Failure to Award Attorney’s Fees Pursuant to Section 120.569(2)(e) French argues that the hearing officer

UNIMED v. State, Office of Insurance Regulation

884 So. 2d 963, 2004 Fla. App. LEXIS 4857, 2004 WL 768624

District Court of Appeal of Florida | Filed: Apr 13, 2004 | Docket: 64833627

Published

Office of Insurance Regulation) pursuant to section 120.569(2)(n), Florida Statutes (2002), ordering appellants

Blackwood v. Agency for Health Care Administration

869 So. 2d 656, 2004 Fla. App. LEXIS 4090, 2004 WL 625820

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 64829185

Published

because the request was legally insufficient. Section 120.569(2)(c), Florida Statutes (2001) provides that:

Verleni v. Department of Health

853 So. 2d 481, 2003 Fla. App. LEXIS 10851, 2003 WL 21663701

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 64824709

Published

affects the substantial interests of a party. See § 120.569, Fla. Stat. (2000). Here, the Department sent

Kasdaglis v. Department of Health

827 So. 2d 328, 2002 Fla. App. LEXIS 13984, 2002 WL 31114914

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 64817883

Published

delay of DOH in rendering its final order. Section 120.569(L)(2) provides: “Unless the time period is

Ryan v. Florida Department of Business & Professional Regulation

798 So. 2d 36, 2001 Fla. App. LEXIS 14701, 2001 WL 1230606

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64809682

Published

the Board at its April 16, 1999 meeting. See § 120.569(2)(a), Fla. Stat. (2000)(The referring agency

Unisource Pharmaceutical Group, Inc. v. State, Agency for Health Care Administration

799 So. 2d 333, 2001 Fla. App. LEXIS 14463

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 64809991

Published

(adopting the Uniform Rules of Procedure); see also § 120.569(2)(c), Fla. Stat. (2000) (“Unless otherwise provided

St v. School Bd. of Seminole Cty.

783 So. 2d 1231, 2001 WL 498023

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1675861

Published

for relief in the circuit court. Relying on section 120.569(2)(f), Florida Statutes (2000), the circuit

Altimeaux v. Ocean Construction, Inc.

782 So. 2d 922, 2001 Fla. App. LEXIS 3855, 2001 WL 280253

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 64804845

Published

Altimeaux quit, was not conducted pursuant to section 120.569(2)(j), because that section requires that a

Ago

Florida Attorney General Reports | Filed: Feb 2, 2001 | Docket: 3258744

Published

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

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

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

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

Published

administrative law judges make under the authority of section 120.569(2)(c), Florida Statutes (Supp.1996).”) Support

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

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

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

Published

vacated and remanded because, contrary to section 120.569(2)(c), Florida Statutes (1997), the order does

Teachers Educators Asso., Inc. v. Duval County School Dist.

763 So. 2d 1265, 2000 WL 955597

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 277121

Published

TEA's petition for formal hearing pursuant to section 120.569, Florida Statutes, on the district's refusal

Cigna Dental Health of Florida, Inc. v. McGurk

739 So. 2d 159, 1999 Fla. App. LEXIS 10706, 24 Fla. L. Weekly Fed. D 1957

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 64790157

Published

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

Mathis v. Florida Department of Corrections

726 So. 2d 389, 1999 Fla. App. LEXIS 1406

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 64786243

Published

provided in the Florida Rules of Civil Procedure.” § 120.569(2)(d), Fla. Stat. (1997). The order under review

Aloha Utilities, Inc. v. Public Service Commission

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

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

Published

law judge’s denial of attorney’s fees under section 120.569(2)(c), Florida Statutes (1997), and remand

Valencia Cafe, Inc. v. Department of Business & Professional Regulation

712 So. 2d 846, 1998 Fla. App. LEXIS 8565, 1998 WL 390470

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 64781447

Published

PER CURIAM. Affirmed. § 120.569(2)(d), Fla. Stat. (Supp. 1996); Santos v. 47 Service Station, Inc.,

Metropolitan Dade County v. State Department of Environmental Protection

714 So. 2d 512, 1998 Fla. App. LEXIS 6611, 1998 WL 299829

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64781846

Published

stipulated facts, exhibits, and written argument, § 120.569(1), Fla. Stat. (1997), recommending that Sekoff

Vicaria v. Department of Health

715 So. 2d 285, 1998 Fla. App. LEXIS 6160, 1998 WL 281345

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64782024

Published

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

Dixon v. Florida Election Commission

681 So. 2d 877, 1996 Fla. App. LEXIS 10945, 1996 WL 601455

District Court of Appeal of Florida | Filed: Oct 22, 1996 | Docket: 64768472

Published

involves a disputed issue of material fact.” § 120.569(1), Fla. Stat. (Supp.1996); Davis v. School Bd