Florida Statute 120.57 - 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. 120.57

120.57 Additional procedures for particular cases.—

(1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT.—

(a) Except as provided in ss. 120.80 and 120.81, an administrative law judge assigned by the division shall conduct all hearings under this subsection, except for hearings before agency heads or a member thereof. If the administrative law judge assigned to a hearing becomes unavailable, the division shall assign another administrative law judge who shall use any existing record and receive any additional evidence or argument, if any, which the new administrative law judge finds necessary.

(b) All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to the presiding officer’s recommended order, and to be represented by counsel or other qualified representative. When appropriate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut the material.

(c) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(d) Notwithstanding s. 120.569(2)(g), similar fact evidence of other violations, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity. When the state in an administrative proceeding intends to offer evidence of other acts or offenses under this paragraph, the state shall furnish to the party whose substantial interests are being determined and whose other acts or offenses will be the subject of such evidence, no fewer than 10 days before commencement of the proceeding, a written statement of the acts or offenses it intends to offer, describing them and the evidence the state intends to offer with particularity. Notice is not required for evidence of acts or offenses which is used for impeachment or on rebuttal.

(e)1. An agency or an administrative law judge may not base agency action that determines the substantial interests of a party on an unadopted rule or a rule that is an invalid exercise of delegated legislative authority. This subparagraph does not preclude application of valid adopted rules and applicable provisions of law to the facts.

2. In a matter initiated as a result of agency action proposing to determine the substantial interests of a party, the party’s timely petition for hearing may challenge the proposed agency action based on a rule that is an invalid exercise of delegated legislative authority or based on an alleged unadopted rule. For challenges brought under this subparagraph:

a. The challenge may be pled as a defense using the procedures set forth in s. 120.56(1)(b).

b. Section 120.56(3)(a) applies to a challenge alleging that a rule is an invalid exercise of delegated legislative authority.

c. Section 120.56(4)(c) applies to a challenge alleging an unadopted rule.

d. This subparagraph does not preclude the consolidation of any proceeding under s. 120.56 with any proceeding under this paragraph.

3. Notwithstanding subparagraph 1., if an agency demonstrates that the statute being implemented directs it to adopt rules, that the agency has not had time to adopt those rules because the requirement was so recently enacted, and that the agency has initiated rulemaking and is proceeding expeditiously and in good faith to adopt the required rules, then the agency’s action may be based upon those unadopted rules if the administrative law judge determines that rulemaking is neither feasible nor practicable and the unadopted rules would not constitute an invalid exercise of delegated legislative authority if adopted as rules. An unadopted rule shall not be presumed valid. The agency must demonstrate that the unadopted rule:

a. Is within the powers, functions, and duties delegated by the Legislature or, if the agency is operating pursuant to authority vested in the agency by the State Constitution, is within that authority;

b. Does not enlarge, modify, or contravene the specific provisions of law implemented;

c. Is not vague, establishes adequate standards for agency decisions, or does not vest unbridled discretion in the agency;

d. Is not arbitrary or capricious. A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational;

e. Is not being applied to the substantially affected party without due notice; and

f. Does not impose excessive regulatory costs on the regulated person, county, or city.

4. The recommended and final orders in any proceeding shall be governed by paragraphs (k) and (l), except that the administrative law judge’s determination regarding an unadopted rule under subparagraph 1. or subparagraph 2. shall not be rejected by the agency unless the agency first determines from a review of the complete record, and states with particularity in the order, that such determination is clearly erroneous or does not comply with essential requirements of law. In any proceeding for review under s. 120.68, if the court finds that the agency’s rejection of the determination regarding the unadopted rule does not comport with this subparagraph, the agency action shall be set aside and the court shall award to the prevailing party the reasonable costs and a reasonable attorney fee for the initial proceeding and the proceeding for review.

5. A petitioner may pursue a separate, collateral challenge under s. 120.56 even if an adequate remedy exists through a proceeding under this section. The administrative law judge may consolidate the proceedings.

(f) The record in a case governed by this subsection shall consist only of:

1. All notices, pleadings, motions, and intermediate rulings.

2. Evidence admitted.

3. Those matters officially recognized.

4. Proffers of proof and objections and rulings thereon.

5. Proposed findings and exceptions.

6. Any decision, opinion, order, or report by the presiding officer.

7. All staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition, after notice of the submission to all parties, except communications by advisory staff as permitted under s. 120.66(1), if such communications are public records.

8. All matters placed on the record after an ex parte communication.

9. The official transcript.

(g) The agency shall accurately and completely preserve all testimony in the proceeding, and, on the request of any party, it shall make a full or partial transcript available at no more than actual cost.

(h) Any party to a proceeding in which an administrative law judge has final order authority may move for a summary final order when there is no genuine issue as to any material fact. A summary final order shall be rendered if the administrative law judge determines from the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, that no genuine issue as to any material fact exists and that the moving party is entitled as a matter of law to the entry of a final order. A summary final order shall consist of findings of fact, if any, conclusions of law, a disposition or penalty, if applicable, and any other information required by law to be contained in the final order.

(i) When, in any proceeding conducted pursuant to this subsection, a dispute of material fact no longer exists, any party may move the administrative law judge to relinquish jurisdiction to the agency. An order relinquishing jurisdiction shall be rendered if the administrative law judge determines from the pleadings, depositions, answers to interrogatories, and admissions on file, together with supporting and opposing affidavits, if any, that no genuine issue as to any material fact exists. If the administrative law judge enters an order relinquishing jurisdiction, the agency may promptly conduct a proceeding pursuant to subsection (2), if appropriate, but the parties may not raise any issues of disputed fact that could have been raised before the administrative law judge. An order entered by an administrative law judge relinquishing jurisdiction to the agency based upon a determination that no genuine dispute of material fact exists, need not contain findings of fact, conclusions of law, or a recommended disposition or penalty.

(j) Findings of fact shall be based upon a preponderance of the evidence, except in penal or licensure disciplinary proceedings or except as otherwise provided by statute, and shall be based exclusively on the evidence of record and on matters officially recognized.

(k) The presiding officer shall complete and submit to the agency and all parties a recommended order consisting of findings of fact, conclusions of law, and recommended disposition or penalty, if applicable, and any other information required by law to be contained in the final order. All proceedings conducted under this subsection shall be de novo. The agency shall allow each party 15 days in which to submit written exceptions to the recommended order. The final order shall include an explicit ruling on each exception, but an agency need not rule on an exception that does not clearly identify the disputed portion of the recommended order by page number or paragraph, that does not identify the legal basis for the exception, or that does not include appropriate and specific citations to the record.

(l) The agency may adopt the recommended order as the final order of the agency. The agency in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative rule, the agency must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The agency may not reject or modify the findings of fact unless the agency first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The agency may accept the recommended penalty in a recommended order, but may not reduce or increase it without a review of the complete record and without stating with particularity its reasons therefor in the order, by citing to the record in justifying the action.

(m) If a recommended order is submitted to an agency, the agency shall provide a copy of its final order and any exceptions to the division within 15 days after the order is filed with the agency clerk.

(n) Notwithstanding any law to the contrary, when statutes or rules impose conflicting time requirements for the scheduling of expedited hearings or issuance of recommended or final orders, the director of the division shall have the authority to set the proceedings for the orderly operation of this chapter.

(2) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT.—In any case to which subsection (1) does not apply:

(a) The agency shall:

1. Give reasonable notice to affected persons of the action of the agency, whether proposed or already taken, or of its decision to refuse action, together with a summary of the factual, legal, and policy grounds therefor.

2. Give parties or their counsel the option, at a convenient time and place, to present to the agency or hearing officer written or oral evidence in opposition to the action of the agency or to its refusal to act, or a written statement challenging the grounds upon which the agency has chosen to justify its action or inaction.

3. If the objections of the parties are overruled, provide a written explanation within 7 days.

(b) An agency may not base agency action that determines the substantial interests of a party on an unadopted rule or a rule that is an invalid exercise of delegated legislative authority.

1. The notice and summary of grounds.

2. Evidence received.

3. All written statements submitted.

4. Any decision overruling objections.

5. All matters placed on the record after an ex parte communication.

6. The official transcript.

7. Any decision, opinion, order, or report by the presiding officer.

(3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter shall use the uniform rules of procedure, which provide procedures for the resolution of protests arising from the contract solicitation or award process. Such rules shall at least provide that:

(a) The agency shall provide notice of a decision or intended decision concerning a solicitation, contract award, or exceptional purchase by electronic posting. This notice shall contain the following statement: “Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.”

(b) Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.

(c) Upon receipt of the formal written protest that has been timely filed, the agency shall stop the solicitation or contract award process until the subject of the protest is resolved by final agency action, unless the agency head sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

(d)1. The agency shall provide an opportunity to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of a formal written protest.

2. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to subsection (2) and applicable agency rules before a person whose qualifications have been prescribed by rules of the agency.

3. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is a disputed issue of material fact, the agency shall refer the protest to the division by electronic means through the division’s website for proceedings under subsection (1).

(e) Upon receipt of a formal written protest referred pursuant to this subsection, the director of the division shall expedite the hearing and assign an administrative law judge who shall commence a hearing within 30 days after the receipt of the formal written protest by the division and enter a recommended order within 30 days after the hearing or within 30 days after receipt of the hearing transcript by the administrative law judge, whichever is later. Each party shall be allowed 10 days in which to submit written exceptions to the recommended order. A final order shall be entered by the agency within 30 days of the entry of a recommended order. The provisions of this paragraph may be waived upon stipulation by all parties.

(f) In a protest to an invitation to bid or request for proposals procurement, no submissions made after the bid or proposal opening which amend or supplement the bid or proposal shall be considered. In a protest to an invitation to negotiate procurement, no submissions made after the agency announces its intent to award a contract, reject all replies, or withdraw the solicitation which amend or supplement the reply shall be considered. Unless otherwise provided by statute, the burden of proof shall rest with the party protesting the proposed agency action. In a competitive-procurement protest, other than a rejection of all bids, proposals, or replies, the administrative law judge shall conduct a de novo proceeding to determine whether the agency’s proposed action is contrary to the agency’s governing statutes, the agency’s rules or policies, or the solicitation specifications. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review by an administrative law judge shall be whether the agency’s intended action is illegal, arbitrary, dishonest, or fraudulent.

(g) For purposes of this subsection, the definitions in s. 287.012 apply.

(4) INFORMAL DISPOSITION.—Unless precluded by law, informal disposition may be made of any proceeding by stipulation, agreed settlement, or consent order.

(5) APPLICABILITY.—This section does not apply to agency investigations preliminary to agency action.

History.—s. 1, ch. 74-310; s. 7, ch. 75-191; s. 8, ch. 76-131; s. 1, ch. 77-174; s. 5, ch. 77-453; ss. 6, 11, ch. 78-95; s. 6, ch. 78-425; s. 8, ch. 79-7; s. 7, ch. 80-95; s. 4, ch. 80-289; s. 57, ch. 81-259; s. 2, ch. 83-78; s. 9, ch. 83-216; s. 2, ch. 84-173; s. 4, ch. 84-203; ss. 1, 2, ch. 86-108; s. 44, ch. 87-6; ss. 1, 2, ch. 87-54; s. 5, ch. 87-385; s. 1, ch. 90-283; s. 4, ch. 91-30; s. 1, ch. 91-191; s. 22, ch. 92-315; s. 7, ch. 94-218; s. 1420, ch. 95-147; s. 1, ch. 95-328; s. 19, ch. 96-159; s. 1, ch. 96-423; s. 8, ch. 97-176; s. 5, ch. 98-200; s. 3, ch. 98-279; s. 47, ch. 99-2; s. 6, ch. 99-379; s. 2, ch. 2002-207; s. 5, ch. 2003-94; s. 7, ch. 2006-82; s. 12, ch. 2008-104; s. 12, ch. 2011-208; s. 4, ch. 2016-116.

F.S. 120.57 on Google Scholar

F.S. 120.57 on CourtListener

Amendments to 120.57

Annotations, Discussions, Cases:

Cases Citing Statute 120.57

Total Results: 1000

McDonald v. Dept. of Banking and Finance

346 So. 2d 569

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

Cited 190 times | Published

the Administrative Procedure *574 Act (APA), Section 120.57,[1] by a hearing officer of the Division of

Heifetz v. Dept. of Business Regulation

475 So. 2d 1277, 10 Fla. L. Weekly 2142

District Court of Appeal of Florida | Filed: Sep 13, 1985 | Docket: 196375

Cited 76 times | Published

The Division's charges[1] were tried in a section 120.57 formal proceeding[2] before a hearing officer

Agrico Chem. Co. v. DEPARTMENT, ETC.

406 So. 2d 478

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 449729

Cited 51 times | Published

alleged grounds for standing as parties to a section 120.57 formal hearing. In making its final determination

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

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

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

Cited 45 times | Published

recommending denial of the permit after a formal Section 120.57(1) hearing,[2] without either granting DOT's

School Bd. of Leon County v. Mitchell

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

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

Cited 39 times | Published

quasi-executive orders has become a reality by virtue of Section 120.57, Florida Statutes (1975) and its brethren,

Florida Dept. of Community Affairs v. Bryant

586 So. 2d 1205, 1991 Fla. App. LEXIS 9078, 62 Empl. Prac. Dec. (CCH) 42,504, 66 Fair Empl. Prac. Cas. (BNA) 928, 1991 WL 183022

District Court of Appeal of Florida | Filed: Sep 16, 1991 | Docket: 1292950

Cited 38 times | Published

the Commission, contrary to the provisions of Section 120.57(1)(b)10, Florida Statutes (1987), improperly

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

cases involving disputed issues of material fact. § 120.57(1), Fla. Stat. 968 So.2d at 43. The district court

Rice v. Dept. of Health & Rehabilitative

386 So. 2d 844

District Court of Appeal of Florida | Filed: Aug 8, 1980 | Docket: 1518371

Cited 37 times | Published

been no formal or informal proceedings under Section 120.57. Appellants have not been denied, nor have

Rice v. Dept. of Health & Rehabilitative

386 So. 2d 844

District Court of Appeal of Florida | Filed: Aug 8, 1980 | Docket: 1518371

Cited 37 times | Published

been no formal or informal proceedings under Section 120.57. Appellants have not been denied, nor have

FLORIDA DEPT., OF OFFENDER REHAB. v. Jerry

353 So. 2d 1230

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

Cited 37 times | Published

meet the procedural guidelines set forth in Section 120.57, Florida Statutes (Supp. 1976). He concluded

Capeletti Bros., Inc. v. STATE DEPT. OF TRANSP.

362 So. 2d 346, 1978 Fla. App. LEXIS 17184

District Court of Appeal of Florida | Filed: Aug 9, 1978 | Docket: 1716104

Cited 34 times | Published

substantial rights of a party without complying with Section 120.57, Florida Statutes (1977). See General Development

FLORIDA REAL ESTATE COM'N v. Webb

367 So. 2d 201

Supreme Court of Florida | Filed: Dec 21, 1978 | Docket: 1330027

Cited 31 times | Published

Webb and Coronet's additional argument that Section 120.57(1)(b)9, Florida Statutes (1975), requires the

Bowen v. FLA. DEPT. OF ENVTL. REG.

448 So. 2d 566

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 429438

Cited 27 times | Published

petition for an administrative hearing under section 120.57, Florida Statutes (1981). In June 1982, DER

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

363 So. 2d 1162

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

Cited 24 times | Published

immediate review. Since the Division conducted no Section 120.57(1) or (2) proceedings before entering its order

Ameristeel Corp. v. Clark

691 So. 2d 473, 1997 WL 166244

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 401058

Cited 23 times | Published

may file a petition for a 120.57 hearing. See § 120.57, Florida Statutes (1995); Fla. Admin. Code R.

EM Watkins & Co., Inc. v. Bd. of Regents

414 So. 2d 583

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1707004

Cited 22 times | Published

a formal administrative hearing pursuant to Section 120.57(1), Florida Statutes. It listed as disputed

General Development Corp. v. DIVISION OF STATE PLANNING, DEPT. OF ADMINIS.

353 So. 2d 1199, 1977 Fla. App. LEXIS 17273

District Court of Appeal of Florida | Filed: Dec 22, 1977 | Docket: 424266

Cited 21 times | Published

of interpretation must therefore conform to Section 120.57.[8] Formal proceedings are available to the

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

party is entitled to proceed in accordance with section 120.57(1), Florida Statutes, which allows for a hearing

Gretz v. UNEMPLOYMENT APPEALS COM'N

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

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

Cited 20 times | Published

of a party. Section 120.57(1)(b)(6), Florida Statutes (1985) (renumbered as section 120.57(1)(b)(7), Florida

Ritenour v. Unemployment Appeals Commission

570 So. 2d 1106, 1990 Fla. App. LEXIS 9135, 1990 WL 192308

District Court of Appeal of Florida | Filed: Dec 6, 1990 | Docket: 1704117

Cited 20 times | Published

Under the Florida Administrative Procedure Act, section 120.57(1)(b)10, Florida Statutes (1989): The [reviewing]

FLA. EXPORT TOBACCO v. Dept. of Revenue

510 So. 2d 936

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

Cited 20 times | Published

advised appellants that they had a right, under section 120.57, Florida Statutes (1979), to request an administrative

Gadsden State Bank v. Lewis

348 So. 2d 343

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

Cited 19 times | Published

Gadsden is not entitled to participation in a Section 120.57 hearing and that Gadsden seeks review of the

DOT v. Groves-Watkins Constructors

530 So. 2d 912, 1988 WL 89766

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 1267400

Cited 18 times | Published

parties may challenge agency decisions. Under section 120.57(1)(b)9 of the APA, an agency must accept the

Henry v. STATE, DEPT. OF ADMIN., DIV. OF RETIREMENT

431 So. 2d 677

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 456300

Cited 18 times | Published

that appellant had waived his rights under Section 120.57, Florida Statutes. We agree. The Department's

Department of Admin. v. Nelson

424 So. 2d 852

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

Cited 18 times | Published

[provides for agency or DOA review pursuant to Section 120.57 processes, detailed in Chapter 22A-13, of free-form

Graham Contracting, Inc. v. Dept. of General Services

363 So. 2d 810, 1978 Fla. App. LEXIS 16910

District Court of Appeal of Florida | Filed: Oct 31, 1978 | Docket: 1513640

Cited 18 times | Published

within the times prescribed by the contract.[1] Section 120.57(1), Florida Statutes (1977); Fla.R.App.P. 9

Werner v. STATE, DEPT. OF INS.

689 So. 2d 1211, 1997 WL 108941

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 2517173

Cited 17 times | Published

reconsideration of the penalty. Facts Found At a section 120.57(1) hearing, the purchaser of an annuity testified

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

586 So. 2d 397

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

Cited 17 times | Published

municipalities' unsuccessful attempts to receive a section 120.57, Florida Statutes, hearing on the sanctions

Thomson v. Dept. of Environmental Reg.

511 So. 2d 989, 12 Fla. L. Weekly 439

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 1700670

Cited 16 times | Published

right to an administrative hearing pursuant to section 120.57, Florida Statutes (1983). On October 27, 1983

Witgenstein v. SCHOOL BD. OF LEON CTY.

347 So. 2d 1069

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

Cited 16 times | Published

entitled to an evidentiary hearing as provided by Section 120.57(1), Florida Statutes (Supp. 1976).[2] If petitioners

DEPT. OF PRO. REG. v. Toledo Realty, Inc.

549 So. 2d 715

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 1374191

Cited 15 times | Published

of fact on an incomplete record following a Section 120.57(1), Florida Statutes, adversary proceeding

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

532 So. 2d 1279, 1988 WL 19631

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

Cited 15 times | Published

proceedings. The petition also requested a section 120.57(1) hearing in respect to each and every optometrist's

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

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

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

Cited 15 times | Published

informal "orders" which can be subjected to Section 120.57 proceedings.[3] The temporal distinction between

STATE, DEPT. OF ENV. REGULATION v. Puckett Oil Co., Inc.

577 So. 2d 988, 1991 Fla. App. LEXIS 3176, 1991 WL 46857

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1654246

Cited 14 times | Published

035 referenced as authorizing its adoption: Section 120.57, Florida Statutes (1989), specifically subsection

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

567 So. 2d 928, 1990 WL 129106

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

Cited 14 times | Published

proceedings and requested a formal hearing under Section 120.57(1), Florida Statutes. In their petition, the

Washington v. DeBeaugrine

658 F. Supp. 2d 1332, 2009 U.S. Dist. LEXIS 93697, 2009 WL 3151088

District Court, N.D. Florida | Filed: Oct 1, 2009 | Docket: 2262811

Cited 13 times | Published

light of the factual allegations. See Fla. Stat. § 120.57(1) (providing for a hearing only when there is

Grossman v. Jewish Community Center

704 So. 2d 714, 1998 WL 2446

District Court of Appeal of Florida | Filed: Jan 7, 1998 | Docket: 1355106

Cited 13 times | Published

the record to support the referee's decision. § 120.57, Fla. Stat. (1995); see also Smith v. Fla. Unemployment

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

506 So. 2d 426

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

Cited 13 times | Published

to Initiate Formal Proceedings" pursuant to Section 120.57(1), Florida Statutes. We affirm. Appellants

Capeletti Bros., Inc. v. DOT

499 So. 2d 855

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

Cited 13 times | Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1983), to protest DOT's

Roberson v. FLA. PAROLE & PROBATION COM'N

444 So. 2d 917

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

Cited 13 times | Published

proceedings pursuant to section 120.54(16) and section 120.57.[11] We hold that the rest of the provisions

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

362 So. 2d 21

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

Cited 13 times | Published

separate proceeding under the provisions of section 120.57 ..." Rule 28-5.13 of the Model Rules of Procedure

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

356 So. 2d 323

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

Cited 13 times | Published

proceedings must comply with the requirements of Section 120.57. McDonald, supra; General Development Corp

Schrimsher v. School Bd.

694 So. 2d 856, 1997 WL 295277

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1450210

Cited 12 times | Published

seeking attorney's fees and costs pursuant to section 120.57(1)(b)5, Florida Statutes, and "as a discovery

Collins v. School Board of Dade County, Florida

981 F.2d 1203, 1993 U.S. App. LEXIS 1192

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1993 | Docket: 1014963

Cited 12 times | Published

officer's recommended order. Florida Statutes § 120.57(1) governed the hearing process

St. Francis Hosp., Inc. v. DHRS

553 So. 2d 1351, 1989 WL 153648

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1258566

Cited 12 times | Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1987). HRS's position in

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

500 So. 2d 186

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

Cited 12 times | Published

Hospital on May 10, 1984 filed a petition for a section 120.57(1) formal hearing to challenge the action.

Sterman v. FLA. ST. UNIVERSITY, ETC.

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

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

Cited 12 times | Published

correctly noted that the procedures were governed by § 120.57, Florida Statutes, § 120.54(10), Florida Statutes

SUWANNEE RIVER AREA COUNCIL, ETC. v. State

384 So. 2d 1369

District Court of Appeal of Florida | Filed: Jul 3, 1980 | Docket: 1269163

Cited 12 times | Published

a formal administrative hearing pursuant to Section 120.57(1), Florida Statutes. The petition was filed

Plante v. DEPT. OF BUS. & PRO. REGULATION

685 So. 2d 886, 1996 WL 655766

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1415010

Cited 11 times | Published

that it must comply with the provisions of section 120.57(1)(b)(10) if it wishes to depart from the recommendation

Holmes v. Turlington

480 So. 2d 150, 29 Educ. L. Rep. 877

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 1667259

Cited 11 times | Published

that of the hearing officer in violation of section 120.57(1)(b)9, Florida Statutes (1983), for which

Village Saloon v. DIVISION OF ALCOHOLIC BEV.

463 So. 2d 278

District Court of Appeal of Florida | Filed: Dec 3, 1984 | Docket: 1509685

Cited 11 times | Published

right to a formal hearing in accordance with section 120.57, Florida Statutes, and that if appellants wished

City of Umatilla v. Public Employees Relations Comm'n

422 So. 2d 905

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 1740056

Cited 11 times | Published

commented on the apparent conflict between section 120.57(1)(b)9 (the scope of review by the agency)

Duval Utility Co. v. FLA. PUBLIC SERV. COM'N

380 So. 2d 1028, 1980 WL 579557

Supreme Court of Florida | Filed: Feb 21, 1980 | Docket: 1402993

Cited 11 times | Published

notice that a new condition would be imposed, § 120.57(1)(b)2, Fla. Stat. (1977), and by the denial of

COUCH CONST. CO., INC. v. Department of Transp.

361 So. 2d 172

District Court of Appeal of Florida | Filed: Jun 26, 1978 | Docket: 1288124

Cited 11 times | Published

complaint[2] with the Department, requesting Section 120.57 proceedings on the issue of whether the Department

Hill v. School Bd. of Leon County

351 So. 2d 732

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

Cited 11 times | Published

to explicate and defend policy repeatedly in Section 120.57 proceedings for agency action affecting the

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

sufficient immediacy to entitle him or her to a section 120.57 hearing and (2) that his or her substantial

Yost v. UNEMPLOYMENT APPEALS COM'N

848 So. 2d 1235, 2003 WL 21536703

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1309443

Cited 10 times | Published

admissible over objection in a civil proceeding. See § 120.57(1)(c), Fla. Stat. (2001); Doyle v. Fla. Unemployment

Stueber v. Gallagher

812 So. 2d 454, 2002 WL 312515

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716163

Cited 10 times | Published

hearing before an administrative law judge. See § 120.57(1), Fla. Stat. (1999). At that time, Stueber disputed

Lund v. Department of Health

708 So. 2d 645, 1998 WL 148711

District Court of Appeal of Florida | Filed: Apr 2, 1998 | Docket: 1528225

Cited 10 times | Published

attorney's fees for a frivolous appeal under section 120.57(1)(b)(10), Florida Statutes. We stated: It

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

553 So. 2d 1260

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

Cited 10 times | Published

separate proceeding conducted in accordance with Section 120.57. If a separate proceeding is commenced, upon

Florida Dept. of Corrections v. Bradley

510 So. 2d 1122, 12 Fla. L. Weekly 1899, 1987 Fla. App. LEXIS 9638

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1593233

Cited 10 times | Published

not already on file with the agency. See also section 120.57(1)(b)8, Florida Statutes (1985), requiring

American Credit Card Tel. Co. v. NAT. PAY TEL. CORP.

504 So. 2d 486

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 453361

Cited 10 times | Published

petition and determine if a section 120.57(1) hearing or a section 120.57(2) hearing is required. Compare

Denney v. Conner

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

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

Cited 10 times | Published

a formal administrative hearing pursuant to section 120.57(1), Florida Statutes (1983), to determine whether

Harvey v. Nuzum

345 So. 2d 1106

District Court of Appeal of Florida | Filed: May 20, 1977 | Docket: 1477765

Cited 10 times | Published

recommended order of a hearing officer. We agree. Section 120.57(1)(b)(9), Florida Statutes (1975), states that

Stinson v. Winn

938 So. 2d 554, 2006 WL 2402956

District Court of Appeal of Florida | Filed: Aug 22, 2006 | Docket: 1673473

Cited 9 times | Published

supported by competent substantial evidence. See § 120.57(1)(l), Fla. Stat. (2003); Strickland v. Fla. A&M

Wise v. DEPT. OF MGMT. SERVS., DIV. OF RET.

930 So. 2d 867, 2006 WL 1716782

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 1469360

Cited 9 times | Published

Families, 865 So.2d 528 (Fla. 1st DCA 2003). Section 120.57(1)(l), Florida Statutes (2005), part of the

Richardson v. FLORIDA PAROLE COM'N

924 So. 2d 908, 2006 Fla. App. LEXIS 4187, 31 Fla. L. Weekly Fed. D 865

District Court of Appeal of Florida | Filed: Mar 23, 2006 | Docket: 1419806

Cited 9 times | Published

supported by competent, substantial evidence." See § 120.57(1)(l), Fla. Stat. (2003); Forehand v. Sch. Bd

Strickland v. FLORIDA a & M UNIVERSITY

799 So. 2d 276, 2001 Fla. App. LEXIS 13086, 2001 WL 1045017

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 1681814

Cited 9 times | Published

and Modifications to the Recommended Order Section 120.57(1)(l), Florida Statutes (2000), provides that

Pillsbury v. STATE, DEPT. OF HEALTH

744 So. 2d 1040, 1999 WL 606872

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 1380439

Cited 9 times | Published

order did not comply with the requirements of section 120.57(1)(b)(10), Florida Statutes (1995), because

Morris v. Division of Retirement

696 So. 2d 380, 1997 Fla. App. LEXIS 4983, 1997 WL 235124

District Court of Appeal of Florida | Filed: May 12, 1997 | Docket: 1696267

Cited 9 times | Published

("free form" agency action, not the result of a section 120.57 hearing) antedated the 1984 amendments which

Bankers Ins. Co. v. FLA. RESIDENTIAL PROPERTY & CAS. JOINT UNDERWRITING ASS'N

689 So. 2d 1127

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1739342

Cited 9 times | Published

form advising Bankers of its right pursuant to section 120.57, Florida Statutes, to contest the Department's

Fairbanks, Inc. v. State, Dept. of Transp.

635 So. 2d 58, 1994 Fla. App. LEXIS 453, 1994 WL 7465

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 1353204

Cited 9 times | Published

denying appellant's request, made pursuant to section 120.57, Florida Statutes (1991), for a formal hearing

CRIMINAL JUSTICE STANDARDS AND TRAINING COMM. v. Bradley

596 So. 2d 661, 17 Fla. L. Weekly Supp. 193, 1992 Fla. LEXIS 566, 1992 WL 56504

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 1358976

Cited 9 times | Published

was not cited in the record, as required by section 120.57(1)(b)10, Florida Statutes (Supp. 1986). 517

Holmberg v. DEPT. OF NATURAL RES.

503 So. 2d 944, 12 Fla. L. Weekly 659

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 1452422

Cited 9 times | Published

exercise any rights they may have pursuant to Section 120.57 ... within 21 days of the receipt of this notice

Purvis v. DEPT. OF PROFESSIONAL REG.

461 So. 2d 134

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 1514625

Cited 9 times | Published

`substantial' as the consequences. Id. at 172. Section 120.57(1)(b)9, Florida Statutes, prohibits an agency

Brevard Cty. Sher. Dept. v. Com'n on Hum. Rel.

429 So. 2d 1235

District Court of Appeal of Florida | Filed: Mar 23, 1983 | Docket: 1667541

Cited 9 times | Published

those of the hearing officer, in violation of section 120.57(1)(b)9, Florida Statutes (1979). See City of

Systems Mgt. Associates v. State, Etc.

391 So. 2d 688

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

Cited 9 times | Published

misapprehended the provisions of § 120.56(5) and § 120.57(1)(b)4. Section 120.56(5) provides: Hearings held

Jess Parrish Mem. Hosp. v. FLA. PUB. EMP. RELATIONS COMM'N

364 So. 2d 777

District Court of Appeal of Florida | Filed: Nov 6, 1978 | Docket: 217220

Cited 9 times | Published

agency, may be answerable for such awards. Section 120.57(1)(b)(9) permits an appellate court, in the

Forrester v. Career Service Commission

361 So. 2d 220

District Court of Appeal of Florida | Filed: Aug 9, 1978 | Docket: 334991

Cited 9 times | Published

proposed findings of fact and orders. Pursuant to F.S. 120.57, a party has the right to raise pertinent factual

COUCH CONST. CO., INC. v. Department of Transp.

361 So. 2d 184

District Court of Appeal of Florida | Filed: Jun 16, 1978 | Docket: 1288662

Cited 9 times | Published

DOT requesting proceedings under Florida Statute § 120.57 and Chapter 14-6, Rules of the Department of Transportation

Harris v. Florida Real Estate Com'n

358 So. 2d 1123

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

Cited 9 times | Published

that Harris "should have demanded a hearing under § 120.57." In oral argument before this Court the Commission

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

disputed issues of material fact, pursuant to section 120.57(2), Florida Statutes, an informal hearing was

Langston v. Jamerson

653 So. 2d 489, 1995 WL 214975

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 551900

Cited 8 times | Published

award Mr. Langston attorney's fees pursuant to section 120.57(1)(b)(10), Florida Statutes (1993) (authorizing

Braman Cadillac, Inc. v. DEPT. OF HWY. SAFETY AND MOTOR VEHICLES

584 So. 2d 1047, 1991 WL 138127

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 2448515

Cited 8 times | Published

699(1)(a), Florida Statutes (Supp. 1988) and Section 120.57(1), Florida Statutes to protest WWW Enterprises'

Friends of Hatchineha, Inc. v. State, Der

580 So. 2d 267, 1991 WL 75657

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

Cited 8 times | Published

seek a formal administrative hearing under Section 120.57, Florida Statutes (1989). We agree and reverse

Smith v. DEPT. OF HEALTH & REHAB. SERVS.

573 So. 2d 320

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 478883

Cited 8 times | Published

distinguish Bower, the indigent party pointed to section 120.57(1)(b)(6), Florida Statutes (1975), which required

Lamounette v. Akins

547 So. 2d 1001, 1989 WL 90493

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 1474497

Cited 8 times | Published

by the division, with the possibility of a section 120.57 hearing if requested by the physician. The

Hutson v. Casey

484 So. 2d 1284, 31 Educ. L. Rep. 678

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 1702461

Cited 8 times | Published

84-173, Section 2, Laws of Florida, amended Section 120.57(1)(b)9 in the following manner (only the relevant

Transgulf Pipeline Co./dept. of Community Affairs v. Bd. of Cty. Comm'rs

438 So. 2d 876

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 1445833

Cited 8 times | Published

proceeding) or to conduct a de novo hearing under section 120.57, Florida Statutes (1981). The circuit court

Capeletti Bros., Inc. v. STATE, DEPT. OF GEN. SERVICES

432 So. 2d 1359

District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 1265062

Cited 8 times | Published

its Petition for Formal Hearing pursuant to Section 120.57(1), Florida Statutes. Capeletti's petition

Catholic Social Services v. STATE, ETC.

365 So. 2d 427

District Court of Appeal of Florida | Filed: Dec 19, 1978 | Docket: 1314743

Cited 8 times | Published

Act, Chapter 120, Florida Statutes (1977). Section 120.57(1)(a)2 specifically provides that the Board

BD. OF TRUSTEES OF BROWARD v. Caldwell

959 So. 2d 767, 2007 WL 1687555

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1525801

Cited 7 times | Published

for a full administrative hearing pursuant to section 120.57, Florida Statutes (2002). The Board granted

Brown v. STATE, DEPT. OF FINANCIAL SERVICES

899 So. 2d 1246, 2005 Fla. App. LEXIS 5478, 2005 WL 906168

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1353755

Cited 7 times | Published

administrative hearing, we reverse and remand. See § 120.57(1), Fla. Stat. (2002). The final order of revocation

Daube v. Department of Health

897 So. 2d 493, 2005 WL 405504

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1416636

Cited 7 times | Published

the factual basis of the complaint through a section 120.57(1) hearing. MOTION FOR STAY GRANTED. ALLEN

Sickon v. School Bd. of Alachua County

719 So. 2d 360, 1998 Fla. App. LEXIS 13431, 1998 WL 729548

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1352023

Cited 7 times | Published

1988) (affirming denial of hearing sought under section 120.57(1) on grounds the agency action at issue did

State Contracting v. Dept. of Transp.

709 So. 2d 607, 1998 WL 161227

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 1682022

Cited 7 times | Published

governed by the Administrative Procedure Act. Section 120.57(3), Florida Statutes, (Supp.1996) provides

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

Rehabilitative Services and BDC Deland, Ltd. pursuant to Section 120.57(1)(b)(10), Florida Statutesasks that we vacate

Weiss v. DEPT. OF BUSINESS & PROF. REG.

677 So. 2d 98, 1996 WL 415937

District Court of Appeal of Florida | Filed: Jul 26, 1996 | Docket: 1273430

Cited 7 times | Published

II of the amended administrative complaint. Section 120.57, Florida Statutes (1993) allows a party the

STATE, DHRS v. Southpointe Pharmacy

636 So. 2d 1377, 1994 WL 182035

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1362119

Cited 7 times | Published

in an administrative hearing conducted under section 120.57, Florida Statutes, to which both HRS and Southpointe

Lavernia v. DEPT. OF PROF. REGULATION, BD. OF MEDICINE

616 So. 2d 53, 1993 WL 64884

District Court of Appeal of Florida | Filed: Mar 11, 1993 | Docket: 1726791

Cited 7 times | Published

of being overturned without complying with section 120.57(1)(b)10, Florida Statutes. Nevertheless, we

Mitchell v. Leon County School Bd.

591 So. 2d 1032, 1991 Fla. App. LEXIS 12917, 1991 WL 279403

District Court of Appeal of Florida | Filed: Dec 26, 1991 | Docket: 1528193

Cited 7 times | Published

party must be made through the provisions of section 120.57, Florida Statutes, and culminate in a final

Stock v. DEPT. OF BANKING & FINANCE

584 So. 2d 112, 1991 Fla. App. LEXIS 7359, 1991 WL 140871

District Court of Appeal of Florida | Filed: Aug 1, 1991 | Docket: 1515247

Cited 7 times | Published

right to request a hearing in accordance with section 120.57, Florida Statutes, and Rule 3-7.002, Florida

Harloff v. City of Sarasota

575 So. 2d 1324, 1991 WL 20425

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 1731285

Cited 7 times | Published

which have been proposed by the hearing officer. § 120.57(1)(b)(10), Fla. Stat. (1989); Hunter; Siess v

Clay County Sheriff's Office v. Loos

570 So. 2d 394, 1990 Fla. App. LEXIS 8724, 1990 WL 178640

District Court of Appeal of Florida | Filed: Nov 16, 1990 | Docket: 1350027

Cited 7 times | Published

comply with the essential requirements of law. Section 120.57(1)(b)10, Florida Statutes (1989); Shackleton

Johnson v. FLORIDA PAROLE & PROBATION COM'N

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

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

Cited 7 times | Published

"substantial interest" administrative hearings section 120.57. In Roberson v. Florida Parole and Probation

Middlebrooks v. ST. JOHNS RIVER WATER MGT. DIST.

529 So. 2d 1167, 13 Fla. L. Weekly 1608, 1988 Fla. App. LEXIS 2911, 1988 WL 68502

District Court of Appeal of Florida | Filed: Jul 7, 1988 | Docket: 1523800

Cited 7 times | Published

requested an administrative hearing pursuant to section 120.57(1), Florida Statutes. (Formal hearing). After

RHPC, INC. v. Department of Health

509 So. 2d 1267

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1362075

Cited 7 times | Published

voluntarily dismissed. We affirm. Riverside sought a section 120.57 administrative hearing for the purpose of proving

Tuckman v. Florida State University

489 So. 2d 133, 32 Educ. L. Rep. 1155, 11 Fla. L. Weekly 1189, 1986 Fla. App. LEXIS 8020

District Court of Appeal of Florida | Filed: May 22, 1986 | Docket: 2213694

Cited 7 times | Published

his request for a formal hearing pursuant to Section 120.57(1), Florida Statutes (1985). We reverse and

Fla. Med. Center v. Dept. of H & R

484 So. 2d 1292

District Court of Appeal of Florida | Filed: Mar 4, 1986 | Docket: 1702630

Cited 7 times | Published

substantially interested parties, as required by Section 120.57(1), Florida Statutes, and denied all appellants'

South Fla. Water Management Dist. v. Caluwe

459 So. 2d 390

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

Cited 7 times | Published

comply with the essential requirements of law. § 120.57(1)(b)9, Fla. Stat. (1983). Furthermore, the District

Robinson v. FLORIDA BD. OF DENTISTRY, DEPT. OF PROF. REG.

447 So. 2d 930

District Court of Appeal of Florida | Filed: Mar 6, 1984 | Docket: 1311778

Cited 7 times | Published

another dentist. A hearing was held pursuant to section 120.57, Florida Statutes (1981). Dr. Robinson was

Pelham v. SUPERINTENDENT OF SCH. BD. OF WAKULLA CTY.

436 So. 2d 951, 13 Educ. L. Rep. 585

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1700985

Cited 7 times | Published

counsel for Pelham, as was *953 his right under Section 120.57(1)(b)4, Florida Statutes, timely submitted

Leapley v. BOARD OF REGENTS, ETC.

423 So. 2d 431, 8 Educ. L. Rep. 534

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 544448

Cited 7 times | Published

fact, a member of the UFF-BOR bargaining unit. § 120.57(1)(b)9, Fla. Stat. Clearly, PERC's conclusions

Gen. Dev. Util., Inc. v. Fla. Dept. of Envir. Reg.

417 So. 2d 1068

District Court of Appeal of Florida | Filed: Jul 29, 1982 | Docket: 1383888

Cited 7 times | Published

with a disputed issue of material fact. If section 120.57 is to be "the Act's wider point of entry for

Vey v. Bradford Union Guidance Clinic, Inc.

399 So. 2d 1137, 1981 Fla. App. LEXIS 20280

District Court of Appeal of Florida | Filed: Jun 25, 1981 | Docket: 1652277

Cited 7 times | Published

found that BUGC, Inc., was not an agency under § 120.57(1), Florida Statutes. We affirm. An earlier appeal

Cenac v. Florida State Bd. of Accountancy

399 So. 2d 1013, 1981 Fla. App. LEXIS 19992

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 1167406

Cited 7 times | Published

substantial evidence to support those findings. § 120.57(1)(b)9., Fla. Stat. (Supp. 1978). THE FACTS We

Henderson Signs v. Fla. Dept. of Transp.

397 So. 2d 769, 1981 Fla. App. LEXIS 19667

District Court of Appeal of Florida | Filed: May 4, 1981 | Docket: 1357103

Cited 7 times | Published

comply with essential requirements of law. Section 120.57(1)(b)9, Florida Statutes (1979). We reverse

Dept. of Revenue v. US Sugar Corp.

388 So. 2d 596

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

Cited 7 times | Published

filed a petition for formal proceedings under § 120.57(1), Florida Statutes, challenging the Department's

City of Punta Gorda v. PUB. EMP. RELATIONS COMM'N

358 So. 2d 81, 98 L.R.R.M. (BNA) 2660

District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 1311559

Cited 7 times | Published

an agency" so that the hearing provisions of Section 120.57, Florida Statutes (Supp. 1976), apply. The

Bio-Med Plus v. STATE, DEPT. OF HEALTH

915 So. 2d 669, 2005 Fla. App. LEXIS 16640, 2005 WL 2662549

District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 1311013

Cited 6 times | Published

the factual basis of the complaint through a section 120.57(1) hearing. 897 So.2d at 495.[4] PETITION GRANTED

Gopman v. DEPARTMENT OF EDUC.

908 So. 2d 1118

District Court of Appeal of Florida | Filed: Jul 25, 2005 | Docket: 1724888

Cited 6 times | Published

order denying eligibility, and remand for a section 120.57 hearing. But we affirm (on grounds that differ

GEL Corp. v. Dept. of Environmental Protection

875 So. 2d 1257, 2004 Fla. App. LEXIS 7940, 2004 WL 1224331

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1283998

Cited 6 times | Published

agency has "substantive jurisdiction" under section 120.57(1)(l), Florida Statutes (2000), to correct

Heburn v. DEPARTMENT OF CHILDREN AND FAM.

772 So. 2d 561, 16 I.E.R. Cas. (BNA) 1509, 2000 Fla. App. LEXIS 13713, 2000 WL 1567858

District Court of Appeal of Florida | Filed: Oct 23, 2000 | Docket: 1729478

Cited 6 times | Published

then contested the denial in a hearing under section 120.57(1). Following an evidentiary hearing, for which

Appel v. FLA., DIV. OF LICENSING

734 So. 2d 1180, 1999 WL 420293

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

Cited 6 times | Published

contained a "Notice of Rights" pursuant to section 120.57, Florida Statutes (Supp.1996), which stated

Young v. Department of Community Affairs

625 So. 2d 831, 18 Fla. L. Weekly Supp. 476, 1993 Fla. LEXIS 1450, 1993 WL 347762

Supreme Court of Florida | Filed: Sep 9, 1993 | Docket: 474084

Cited 6 times | Published

permit and requested a hearing. Following a section 120.57(1) hearing, DER entered a final order denying

Friends of Everglades, Inc. v. BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

595 So. 2d 186, 1992 Fla. App. LEXIS 1865, 1992 WL 31826

District Court of Appeal of Florida | Filed: Feb 25, 1992 | Docket: 1299060

Cited 6 times | Published

dismissed FOE's petition for a hearing pursuant to section 120.57, Florida Statutes. The dismissal was based

Southeast Grove Management Inc. v. McKiness

578 So. 2d 883, 1991 WL 70852

District Court of Appeal of Florida | Filed: May 3, 1991 | Docket: 441015

Cited 6 times | Published

to request a hearing on the complaint under Section 120.57, Florida Statutes (1989). Neither Southeast

Town of Palm Beach v. STATE, DEPT. OF NAT'L RES.

577 So. 2d 1383

District Court of Appeal of Florida | Filed: Apr 10, 1991 | Docket: 1156120

Cited 6 times | Published

requesting a formal administrative hearing under section 120.57, Florida Statutes (1989), to challenge the

Amisub v. DEPT. OF HEALTH & REHAB. SERVICES

577 So. 2d 648

District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 1654183

Cited 6 times | Published

its petitions for formal proceedings under section 120.57, Florida Statutes (1989). We affirm. North

Mercedes Lighting and Electrical Supply, Inc. v. DEPT. GEN. SERV.

560 So. 2d 272, 1990 WL 43145

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1477914

Cited 6 times | Published

cause proceeded to a full formal hearing under section 120.57(1), Florida Statutes. It is undisputed that

School Bd. of Leon County v. Weaver

556 So. 2d 443, 1990 Fla. App. LEXIS 404, 55 Fair Empl. Prac. Cas. (BNA) 1562, 1990 WL 3650

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 1528381

Cited 6 times | Published

W.C. Co., that section 120.57(1)(b)9, Florida Statutes (now renumbered section 120.57(1)(b)10),[3] forbids

Pages v. Department of Professional Regulation, Board of Medicine

542 So. 2d 456, 14 Fla. L. Weekly 1087, 1989 Fla. App. LEXIS 2338, 1989 WL 43357

District Court of Appeal of Florida | Filed: May 2, 1989 | Docket: 2524795

Cited 6 times | Published

as it did, it is necessary to comply with Section 120.57(1)(b)(10), Florida Statutes (1987). See Bernal

Lamar Advertising Co. v. Dept. of Transp.

523 So. 2d 712, 13 Fla. L. Weekly 865, 1988 Fla. App. LEXIS 1387, 1988 WL 31719

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 2566209

Cited 6 times | Published

and that appellant had the right to request a § 120.57 hearing within 30 days of the date of the notice

Van Ore v. Board of Medical Examiners

489 So. 2d 883, 11 Fla. L. Weekly 1321, 1986 Fla. App. LEXIS 8249

District Court of Appeal of Florida | Filed: Jun 12, 1986 | Docket: 545981

Cited 6 times | Published

reasons for increasing the recommended penalty. Section 120.57(1)(b)9, Florida Statutes (1985) provides, in

Sneij v. Dept. of Professional Reg.

454 So. 2d 795

District Court of Appeal of Florida | Filed: Sep 4, 1984 | Docket: 77212

Cited 6 times | Published

Kimball v. Hawkins, 364 So.2d 463 (Fla. 1978); § 120.57(1)(b)(9), Fla. Stat. (1981). Inasmuch as we are

Hodge v. DEPT. OF PROF. REG. OF FLA.

432 So. 2d 117

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1677353

Cited 6 times | Published

no merit in the Department's cross-appeal. Section 120.57(1)(b)(5), Florida Statutes (1981), clearly

Shared Services, Inc. v. STATE, DEPT. OF HEALTH AND REH. SERVICES

426 So. 2d 56, 1983 Fla. App. LEXIS 18412

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1283446

Cited 6 times | Published

standing to request a formal hearing under Section 120.57, Florida Statutes, as there is no statutory

Schomer v. DEPT OF PROFESSIONAL REG. REGULATION

417 So. 2d 1089

District Court of Appeal of Florida | Filed: Aug 10, 1982 | Docket: 1383897

Cited 6 times | Published

of fact submitted by appellant pursuant to section 120.57(1)(b)4, Florida Statutes (1979). Prior to the

Lewis v. Dept. of Professional Regulation

410 So. 2d 593, 1982 Fla. App. LEXIS 19321

District Court of Appeal of Florida | Filed: Feb 26, 1982 | Docket: 1518559

Cited 6 times | Published

asserts that the Board failed to comply with section 120.57(1)(b)(9), Florida Statutes (1979), which provides

School Bd. of Pinellas County v. Noble

372 So. 2d 1111, 1979 Fla. LEXIS 4724

Supreme Court of Florida | Filed: Jun 28, 1979 | Docket: 1325599

Cited 6 times | Published

be subject to the procedural requirements of section 120.57, Florida Statutes (Supp. 1976). The result

Fraser v. Lewis

360 So. 2d 1116

District Court of Appeal of Florida | Filed: Jul 10, 1978 | Docket: 1738715

Cited 6 times | Published

Petitioners then requested and were given a Section 120.57(1) evidentiary hearing. The hearing examiner

Moore v. FLA. CONST. INDUSTRY LICENSING BD.

356 So. 2d 19, 1978 Fla. App. LEXIS 14977

District Court of Appeal of Florida | Filed: Feb 21, 1978 | Docket: 1478783

Cited 6 times | Published

the findings of fact of the hearing officer. Section 120.57(1)(b)(9), Florida Statutes (1975). If the findings

Resnick v. Flagler County School Board

46 So. 3d 1110, 2010 Fla. App. LEXIS 16552, 2010 WL 4257540

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 1928456

Cited 5 times | Published

based upon competent substantial evidence ...." § 120.57(1)(l), Fla. Stat. (2007); see also Packer v. Orange

Abbott Laboratories v. Mylan Pharmaceuticals, Inc.

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

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

Cited 5 times | Published

there were no genuine issues of material fact. See § 120.57(1)(h), Fla. Stat. (2007). Following a hearing

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

of sufficient immediacy to entitle him to a section 120.57 hearing, and 2) that his substantial injury

Fugate v. FLORIDA ELECTIONS COM'N

924 So. 2d 74, 2006 Fla. App. LEXIS 2439, 2006 WL 407074

District Court of Appeal of Florida | Filed: Feb 23, 2006 | Docket: 1735940

Cited 5 times | Published

920 So.2d 27, 30 (Fla. 1st DCA 2005). See also § 120.57(1)(l), Fla. Stat. (2003). Therefore, the Commission

Rogers v. Department of Health

920 So. 2d 27, 2005 Fla. App. LEXIS 16464, 2005 WL 2649177

District Court of Appeal of Florida | Filed: Oct 18, 2005 | Docket: 1730593

Cited 5 times | Published

agency may reject or modify the findings of fact. § 120.57(1)(l), Fla. Stat. (2001). An agency may not reject

Colbert v. Department of Health

890 So. 2d 1165, 2004 Fla. App. LEXIS 19698, 2004 WL 2964085

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1690371

Cited 5 times | Published

conclusion, a reviewing agency is required by section 120.57(1)(l) to state with particularity its reasons

Hospice of Palm Beach County v. State

876 So. 2d 4, 2004 WL 874929

District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 1245275

Cited 5 times | Published

hearing. HPBC sought relief in the form of a section 120.57(1) hearing before an ALJ and the entry of a

Ybor III, Ltd. v. FLA. HOUSING FIN. CORP.

843 So. 2d 344, 2003 WL 1914087

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1243773

Cited 5 times | Published

Applicant." Appellant, in response, alleged that a section 120.57 petition is not an intervention, but is its

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

by the Division of Administrative Hearings. See § 120.57(1)(k), Fla. Stat. (2001). Recommended orders,

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

McIntyre that he was entitled to a hearing under section 120.57, Florida Statutes, and that if a hearing was

Deep Lagoon Boat Club, Ltd. v. Sheridan

784 So. 2d 1140, 2001 WL 167577

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 1492594

Cited 5 times | Published

this case in light of the 1999 amendment[1] to section 120.57(1)(l), Florida Statutes, that circumscribed

Perdue v. TJ Palm Associates, Ltd.

755 So. 2d 660, 1999 WL 393464

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1699334

Cited 5 times | Published

administrative determination (hearing) *663 under section 120.57, Florida Statutes, concerning the subject permit

Walker v. FLORIDA DEPT. OF BUSINESS

705 So. 2d 652, 1998 WL 20674

District Court of Appeal of Florida | Filed: Jan 23, 1998 | Docket: 1555000

Cited 5 times | Published

informal administrative hearing pursuant to section 120.57(2), Florida Statutes (1995). A hearing was

Witmer v. DEPT. OF BUS. & PROF. REG.

662 So. 2d 1299

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1683521

Cited 5 times | Published

exemption to hearing and notice requirements of section 120.57(1)(a) for stewards, judges and boards of judges

Dunham v. Highlands County School Bd.

652 So. 2d 894, 1995 Fla. App. LEXIS 2636, 1995 WL 111230

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 475950

Cited 5 times | Published

order issued by a hearing officer pursuant to section 120.57, Florida Statutes (1993). We agree and reverse

Fertally v. Miami-Dade Community College

651 So. 2d 1283, 1995 Fla. App. LEXIS 2587, 1995 WL 106931

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 1518148

Cited 5 times | Published

requested an administrative hearing pursuant to section 120.57, Florida Statutes (1993). Miami-Dade denied

Wiregrass Ranch v. Saddlebrook Resorts

645 So. 2d 374, 19 Fla. L. Weekly Supp. 414, 1994 Fla. LEXIS 1331, 1994 WL 469187

Supreme Court of Florida | Filed: Sep 1, 1994 | Docket: 1168926

Cited 5 times | Published

hearing on its objections to the permit under section 120.57, Florida Statutes (1989). SWFWMD referred the

Forehand v. School Bd. of Gulf County

600 So. 2d 1187, 1992 WL 108386

District Court of Appeal of Florida | Filed: May 26, 1992 | Docket: 1527809

Cited 5 times | Published

for all proceedings in this cause pursuant to section 120.57(1)(b)10, Florida Statutes (1989), because the

Forehand v. School Bd. of Gulf County

600 So. 2d 1187, 1992 WL 108386

District Court of Appeal of Florida | Filed: May 26, 1992 | Docket: 1527809

Cited 5 times | Published

for all proceedings in this cause pursuant to section 120.57(1)(b)10, Florida Statutes (1989), because the

DEPT. OF LABOR & EMP. SEC. v. Little

588 So. 2d 281, 1991 WL 216510

District Court of Appeal of Florida | Filed: Oct 25, 1991 | Docket: 429156

Cited 5 times | Published

appellee's request, a hearing was held under Section 120.57, Florida Statutes, and resulted in the entry

Pinacoteca Corp. v. DEPT. OF BUSINESS REG.

580 So. 2d 881, 1991 WL 92954

District Court of Appeal of Florida | Filed: Jun 5, 1991 | Docket: 1716750

Cited 5 times | Published

subsequent administrative proceedings under section 120.57(1), Florida Statutes (1989), at which proceedings

Phibro Resources Corp. v. STATE, DER

579 So. 2d 118

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 1432476

Cited 5 times | Published

substantially interested party to be allowed a section 120.57[1] hearing regarding any effect the orders

French v. School Bd. of Polk County

568 So. 2d 497, 1990 Fla. App. LEXIS 7841, 1990 WL 152194

District Court of Appeal of Florida | Filed: Oct 12, 1990 | Docket: 533282

Cited 5 times | Published

necessitate a hearing on the transfer decision. Section 120.57, Florida Statutes (1989) sets forth the prerequisite

Rabren v. DEPT. OF PROF. REGULATION

568 So. 2d 1283, 1990 WL 146906

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 673537

Cited 5 times | Published

Appellant requested a formal hearing under section 120.57(1), Florida Statutes. The hearing was held

Stacey v. DEPARTMENT OF PRO. REG.

547 So. 2d 241, 1989 WL 77485

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 453717

Cited 5 times | Published

is entitled to a formal hearing pursuant to section 120.57(1), Florida Statutes. Rather than granting

Dykes v. Quincy Telephone Co.

539 So. 2d 503, 1989 WL 12444

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 452812

Cited 5 times | Published

the power of the hearing officer to conduct a section 120.57(1) formal hearing, and to complete and submit

Gulf Coast Home Health Serv. v. State, Dhr

513 So. 2d 704

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

Cited 5 times | Published

argument of policy issues before the agency. In Section 120.57 administrative proceedings affecting a party's

Boca Raton Mausoleum, Inc. v. STATE, DEPT. OF BANKING AND FINANCE

511 So. 2d 1060, 12 Fla. L. Weekly 2020

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 1700673

Cited 5 times | Published

sought to obtain a formal hearing pursuant to Section 120.57(1), Florida Statutes, in order to protest the

Howard Johnson Co. v. Kilpatrick

501 So. 2d 59, 12 Fla. L. Weekly 258, 1987 Fla. App. LEXIS 6253

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 1527710

Cited 5 times | Published

because of her age and her race. Pursuant to section 120.57, Florida Statutes (1983), the Commission assigned

Mellon v. Cannon

482 So. 2d 604, 11 Fla. L. Weekly 420

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 1769407

Cited 5 times | Published

Chapter 322. That statute still exists as present section 120.57(1)(a)3., of the Administrative Procedure Act

Reese v. DEPT. OF PROFESSIONAL REG.

471 So. 2d 601, 10 Fla. L. Weekly 1491

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1396925

Cited 5 times | Published

charges and demanded a formal hearing pursuant to § 120.57, Fla. Stat. At the hearing, DPR dropped 62 of

Glover v. Sanford Child Care, Inc.

429 So. 2d 91

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 1667566

Cited 5 times | Published

those of the appeals referee, in violation of section 120.57(1)(b)9, Florida Statutes (1981).[1] After being

Bekiempis v. DEPARTMENT OF PROFESSIONAL REG.

421 So. 2d 693

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 1372743

Cited 5 times | Published

Board's final order is inadequate to withstand Section 120.57(1)(b)(9), Florida Statutes (1975), which provides:

Clean Water, Inc. v. STATE, DEPT. OF ENV. REG.

402 So. 2d 456

District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 1313399

Cited 5 times | Published

an administrative hearing under Florida Statute § 120.57. In this petition, appellants alleged that DER

Fox v. State

395 So. 2d 192

District Court of Appeal of Florida | Filed: Feb 10, 1981 | Docket: 1317852

Cited 5 times | Published

Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, involving the Board and

Fox v. State

395 So. 2d 192

District Court of Appeal of Florida | Filed: Feb 10, 1981 | Docket: 1317852

Cited 5 times | Published

Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, involving the Board and

United States Service v. State Dept., Etc.

385 So. 2d 1147

District Court of Appeal of Florida | Filed: Jul 8, 1980 | Docket: 1337074

Cited 5 times | Published

while petitioner was entitled to a hearing, a § 120.57(1) hearing was not the proper remedy to seek,

Sapp v. Florida State Bd. of Nursing

384 So. 2d 254, 1980 Fla. App. LEXIS 16361

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1678461

Cited 5 times | Published

timely. The proceedings below are governed by Section 120.57(1), Florida Statutes (1978 Supp.), the Administrative

United States Service Industries Florida v. State, Department of Health and Rehabilitative Services

383 So. 2d 728, 1980 Fla. App. LEXIS 16704

District Court of Appeal of Florida | Filed: May 9, 1980 | Docket: 1036706

Cited 5 times | Published

Services has wrongfully denied petitioner a formal Section 120.57(1) hearing in that the Department has or is

SCH. BD. OF PINELLAS CTY. v. Noble

384 So. 2d 205

District Court of Appeal of Florida | Filed: Apr 11, 1980 | Docket: 1269475

Cited 5 times | Published

to enhance a recommended penalty is found in Section 120.57(1)(j), Florida Statutes (Supp. 1974):[2] It

Bio-Medical Apps. of Ocala, Inc. v. Off. of Comm. Med. Facilities

374 So. 2d 88

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 430341

Cited 5 times | Published

from a Department order denying Bio-Medical a Section 120.57 hearing on the application of competitor Shands

Bio-Medical Apps. of Ocala, Inc. v. Off. of Comm. Med. Facilities

374 So. 2d 88

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 430341

Cited 5 times | Published

from a Department order denying Bio-Medical a Section 120.57 hearing on the application of competitor Shands

Borovina v. FLORIDA CONST. INDUSTRY LICENSING BOARD

369 So. 2d 1038, 1979 Fla. App. LEXIS 14529

District Court of Appeal of Florida | Filed: Apr 25, 1979 | Docket: 470852

Cited 5 times | Published

fatally defective for failure to comply with Section 120.57(1)(b)(9) of the Florida Administrative Procedure

Agrico Chemical Co. v. STATE, ETC.

365 So. 2d 759

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

Cited 5 times | Published

do we find that the hearing officer violated F.S. 120.57(1)(b)(4) nor F.S. 120.59(2) nor the principles

SILVER SAND CO., ETC. v. Department of Revenue

365 So. 2d 1090, 1979 Fla. App. LEXIS 14034

District Court of Appeal of Florida | Filed: Jan 10, 1979 | Docket: 1314176

Cited 5 times | Published

requested and was given a hearing pursuant to F.S. 120.57. After a hearing, the hearing officer issued

City of Panama City v. FLA PUBLIC EMP. RELATIONS COMM'N

364 So. 2d 109, 100 L.R.R.M. (BNA) 2130

District Court of Appeal of Florida | Filed: Nov 17, 1978 | Docket: 461822

Cited 5 times | Published

contends that its order sufficiently complies with F.S. 120.57(2)(a)(1) and (2), that although the final order

Winslow v. DEPT. OF PROF. & OCCUP REG.

348 So. 2d 352

District Court of Appeal of Florida | Filed: Jul 11, 1977 | Docket: 1760095

Cited 5 times | Published

revocation of petitioner's license. Moreover, Section 120.57(1)(b)(11), Florida Statutes (1975), allows

Mitchell v. SCHOOL BD. OF LEON CTY

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

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

Cited 5 times | Published

substantial interests were to be determined, a Section 120.57(1) hearing. The school code provided: "(e)

Yerks v. School Board of Broward County

219 So. 3d 844, 2017 WL 1929703, 2017 Fla. App. LEXIS 6575

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 60266944

Cited 4 times | Published

not comply with essential requirements of law.” § 120.57(1)l), Fla. Stat. (2015). Stated another way, “neither

J.D. v. Florida Department of Children & Families

114 So. 3d 1127, 2013 WL 3155860, 2013 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Jun 24, 2013 | Docket: 60231766

Cited 4 times | Published

an opportunity to change the agency’s mind”); § 120.57(l)(k), Fla. Stat. (“All proceedings conducted

Withers v. Blomberg

41 So. 3d 398, 2010 Fla. App. LEXIS 11258, 2010 WL 3022847

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 2400775

Cited 4 times | Published

recommended order within fifteen days, as required by section 120.57(1)(k), Florida Statutes (2008). In July 2009

Jacques v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

15 So. 3d 793, 2009 Fla. App. LEXIS 9838, 2009 WL 2151905

District Court of Appeal of Florida | Filed: Jul 21, 2009 | Docket: 1661046

Cited 4 times | Published

appellants claim that the final orders violated section 120.57, Florida Statutes (2007), in several respects

Beckett v. Department of Financial Services

982 So. 2d 94, 2008 Fla. App. LEXIS 8133, 2008 WL 2026154

District Court of Appeal of Florida | Filed: May 12, 2008 | Docket: 1208183

Cited 4 times | Published

ALJ's finding, the Department noted that, under section 120.57(1)(l), Florida Statutes (2006), there are only

Menorah Manor v. Agency for Health Care

908 So. 2d 1100, 2005 Fla. App. LEXIS 11048, 2005 WL 1680111

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1397775

Cited 4 times | Published

insufficient to establish entitlement to a section 120.57(1), Florida Statutes (2003) hearing, we affirm

Riopelle v. DEPARTMENT OF FINANCIAL SERVS.

907 So. 2d 1220, 2005 WL 1523781

District Court of Appeal of Florida | Filed: Jun 28, 2005 | Docket: 2490331

Cited 4 times | Published

Statutes (2001). She instead sought relief under section 120.57(1), Florida Statutes (2001), and never informed

State, Dcfs v. Ib

891 So. 2d 1168

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

Cited 4 times | Published

B. and D.B. requested a hearing pursuant to section 120.57, Florida Statutes, DCFS referred the substantial

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

or ask for an administrative hearing under section 120.57(1). Cf. Fla. Optometric Ass'n v. Dep't of Prof'l

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

or ask for an administrative hearing under section 120.57(1). Cf. Fla. Optometric Ass'n v. Dep't of Prof'l

Accardi v. DEP

824 So. 2d 992, 2002 WL 1972380

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

Cited 4 times | Published

and thus, an administrative hearing under section 120.57(1), Florida Statutes, is not appropriate. Initially

Prysi v. Department of Health

823 So. 2d 823, 2002 WL 1828133

District Court of Appeal of Florida | Filed: Aug 12, 2002 | Docket: 458657

Cited 4 times | Published

findings of fact complied with the requirements of section 120.57(1)(l), Florida Statutes; and because the ALJ

Unimed Laboratory, Inc. v. AHCA

715 So. 2d 1036, 1998 WL 422168

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1717095

Cited 4 times | Published

its right to request a hearing pursuant to section 120.57, Florida Statutes (1996), within twenty-one

University Hosp. v. AHCA

697 So. 2d 909, 1997 WL 402107

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 1776752

Cited 4 times | Published

premises. In response, UH filed a petition for a section 120.57(1) hearing, the subsequent dismissal of which

Tedder v. FLORIDA UNEMP. APPEALS COM'N

697 So. 2d 900, 1997 WL 394531

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1776634

Cited 4 times | Published

within the province of the appeals referee. See § 120.57(1)(b), Fla. Stat. (1995). Thus, the UAC overstepped

Tedder v. FLORIDA UNEMP. APPEALS COM'N

697 So. 2d 900, 1997 WL 394531

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1776634

Cited 4 times | Published

within the province of the appeals referee. See § 120.57(1)(b), Fla. Stat. (1995). Thus, the UAC overstepped

McNeill v. PINELLAS COUNTY SCHOOL BD.

678 So. 2d 476, 1996 Fla. App. LEXIS 8825, 1996 WL 464807

District Court of Appeal of Florida | Filed: Aug 16, 1996 | Docket: 1736956

Cited 4 times | Published

administrative hearing was held pursuant to section 120.57(1), Florida Statutes (1995), to determine whether

Brogan v. Carter

671 So. 2d 822, 1996 WL 160787

District Court of Appeal of Florida | Filed: Apr 9, 1996 | Docket: 1248354

Cited 4 times | Published

officer's findings of fact is specified in section 120.57(1)(b)10, Florida Statutes, which provides that

FLA. EMPLOY. COUNCIL 79 v. Daniels

646 So. 2d 813, 1994 WL 681857

District Court of Appeal of Florida | Filed: Dec 8, 1994 | Docket: 1405484

Cited 4 times | Published

by competent *816 substantial evidence (see section 120.57(1)(b)10, Florida Statutes), no such requirement

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

638 So. 2d 574, 1994 WL 231283

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 1168826

Cited 4 times | Published

supported by competent substantial evidence. See § 120.57(1)(b)10, Fla. Stat. (1993). Instead, the Board

Environmental Resource Assoc. v. Dgs

624 So. 2d 330

District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 475822

Cited 4 times | Published

proceedings, to formal or informal proceedings under Section 120.57. Uncertainty in an agency's rules and practices

Saddlebrook Resorts v. Wiregrass Ranch

630 So. 2d 1123, 1993 WL 247145

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

Cited 4 times | Published

recommendations made after formal proceedings pursuant to section 120.57, Florida Statutes (1989), were concluded, SWFWMD

Sublett v. DISTRICT SCHOOL BD. OF SUMTER CTY.

617 So. 2d 374, 1993 Fla. App. LEXIS 4221, 1993 WL 114651

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 1512494

Cited 4 times | Published

appeal is whether Sublett was entitled to a section 120.57, Florida Statutes (1989) hearing to challenge

Nicolitz v. Board of Opticianry

609 So. 2d 92, 1992 WL 341758

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 1738314

Cited 4 times | Published

Hearings (DOAH) hearing officer in accordance with section 120.57(1), Florida Statutes. The matter was referred

Goss v. DIST. SCH. BD. OF ST. JOHNS CTY.

601 So. 2d 1232, 1992 Fla. App. LEXIS 6276, 1992 WL 126560

District Court of Appeal of Florida | Filed: Jun 12, 1992 | Docket: 2348721

Cited 4 times | Published

raises the issue whether the Board violated section 120.57(1)(b)10, Florida Statutes (1989), by modifying

Allen v. School Bd. of Dade County

571 So. 2d 568, 1990 Fla. App. LEXIS 9660, 1990 WL 212019

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 1653501

Cited 4 times | Published

Board did not comply with the requirements of Section 120.57(1)(b)(10), Florida Statutes (1987)[2] when

Orlando General Hosp. v. DHRS

567 So. 2d 962, 1990 WL 139628

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 1721326

Cited 4 times | Published

administrative proceeding filed by OGH, pursuant to section 120.57(1), Florida Statutes. The hearing officer recommended

Bajrangi v. DEPT. OF BUSINESS REG.

561 So. 2d 410, 1990 WL 59231

District Court of Appeal of Florida | Filed: May 10, 1990 | Docket: 1480721

Cited 4 times | Published

consideration of the transcript, as required by section 120.57(9), Florida Statutes, all of the surrounding

Hanley v. DEPT. OF PRO. REGULATION

549 So. 2d 1164, 1989 WL 118608

District Court of Appeal of Florida | Filed: Oct 11, 1989 | Docket: 2115492

Cited 4 times | Published

recommended by the hearing officer is governed by section 120.57(1)(b)(10), Florida Statutes (1987) which provides:

Meridian v. DHRS

548 So. 2d 1169

District Court of Appeal of Florida | Filed: Sep 12, 1989 | Docket: 1333981

Cited 4 times | Published

the applications and appellants requested a section 120.57(1) formal hearing. The parties stipulated that

Krueger v. School Dist. of Hernando County

544 So. 2d 331, 14 Fla. L. Weekly 1385, 1989 Fla. App. LEXIS 3190, 1989 WL 59491

District Court of Appeal of Florida | Filed: Jun 8, 1989 | Docket: 1300818

Cited 4 times | Published

to Florida's Administrative Procedure Act, *332 § 120.57 Florida Statutes (1987). McDonald v. Department

Taylor v. SCHOOL BD. OF SEMINOLE CTY. FLA.

538 So. 2d 150, 1989 WL 11607

District Court of Appeal of Florida | Filed: Feb 16, 1989 | Docket: 2586961

Cited 4 times | Published

petition for a formal administrative hearing under section 120.57(1), Florida Statutes (1987). We reverse. Phyllis

Spurlin v. School Bd. of Sarasota County

520 So. 2d 294, 13 Fla. L. Weekly 154, 1988 Fla. App. LEXIS 50, 1988 WL 354

District Court of Appeal of Florida | Filed: Jan 8, 1988 | Docket: 1709325

Cited 4 times | Published

and was accorded a formal hearing pursuant to section 120.57(2), Florida Statutes (1986). The hearing officer

Rudloe v. DEPT. OF ENVIRONMENTAL REG.

517 So. 2d 731, 1987 WL 3202

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

Cited 4 times | Published

1986, DER expressly rejected the request for a Section 120.57 hearing as being more than 14 days after the

Fox v. Smith

508 So. 2d 1280, 12 Fla. L. Weekly 1423

District Court of Appeal of Florida | Filed: Jun 9, 1987 | Docket: 1153458

Cited 4 times | Published

not entitle him to the full procedures of a section 120.57 hearing.[3]Martin v. School Bd. of Gadsden

Friends of Children v. Dept. of HRS

504 So. 2d 1345, 12 Fla. L. Weekly 879

District Court of Appeal of Florida | Filed: Mar 27, 1987 | Docket: 453636

Cited 4 times | Published

conclusions of law *1347 alleged to be improper under section 120.57(1)(b)9, Florida Statutes. We conclude that

Gainer v. STATE, UNEMP. APP. COMM'N.

503 So. 2d 428, 12 Fla. L. Weekly 669

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 1452461

Cited 4 times | Published

conclusions may vary from the referee's conclusions. § 120.57(1)(b)(9), Fla. Stat. (1985). The conclusion reached

Tuveson v. FLORIDA GOVERNOR'S COUNCIL

495 So. 2d 790, 11 Fla. L. Weekly 2004

District Court of Appeal of Florida | Filed: Sep 18, 1986 | Docket: 1727637

Cited 4 times | Published

the agency's order: (1) the FGCIA violated Section 120.57(1)(b)9, Florida Statutes (1983), by rejecting

Westinghouse Elec. v. JACKSONVILLE TRANSP.

491 So. 2d 1238

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 1383494

Cited 4 times | Published

pursuant to Section 120.57(2), Florida Statutes and not a formal hearing pursuant to Section 120.57(1), Florida

Nest v. DEPT. OF PROFESSIONAL REG.

490 So. 2d 987, 11 Fla. L. Weekly 1343

District Court of Appeal of Florida | Filed: Jun 13, 1986 | Docket: 1743101

Cited 4 times | Published

hearing cannot be rejected without valid reason. Section 120.57(1)(b)9, Florida Statutes (1983), provides in

Sullivan v. NW FLA. WATER MANAGEMENT

490 So. 2d 140, 11 Fla. L. Weekly 1301

District Court of Appeal of Florida | Filed: Jun 10, 1986 | Docket: 1489458

Cited 4 times | Published

petitioned DER to conduct a hearing pursuant to section 120.57(1). They alleged in their petitions that removal

Balsam v. DEPT. OF HEALTH & REHAB. SERVICES

486 So. 2d 1341, 11 Fla. L. Weekly 876

District Court of Appeal of Florida | Filed: Mar 31, 1986 | Docket: 1406292

Cited 4 times | Published

HRS does not comply with the requirements of section 120.57(1)(b)(9), Florida Statutes (1983), that an

FLA. DEPT., LAW ENFORCEMENT v. Dukes

484 So. 2d 645, 11 Fla. L. Weekly 639

District Court of Appeal of Florida | Filed: Mar 12, 1986 | Docket: 1344023

Cited 4 times | Published

court). While an agency is permitted under section 120.57(1)(b)9 to reject a hearing officer's conclusion

Gulf Court Nursing Center v. DEPT. OF HEALTH

483 So. 2d 700

District Court of Appeal of Florida | Filed: Feb 14, 1986 | Docket: 455810

Cited 4 times | Published

denied by HRS, and both sought review in a section 120.57 formal hearing.[1] Before the denials were

Manasota-88, Inc. v. Gardinier, Inc.

481 So. 2d 948, 11 Fla. L. Weekly 178

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 1529347

Cited 4 times | Published

denying its petitions for a hearing pursuant to Section 120.57, Florida Statutes (1983), and for a declaratory

State Ex Rel. Pettengill v. Copelan

466 So. 2d 1133, 10 Fla. L. Weekly 793, 1985 Fla. App. LEXIS 13157

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 438695

Cited 4 times | Published

substantially interested persons, requested a § 120.57 administrative hearing. The hearing officer recommended

Hasper v. DEPT. OF LABOR & EMP. SEC.

459 So. 2d 400

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 1683378

Cited 4 times | Published

Security denying her a formal hearing pursuant to Section 120.57(1), Florida Statutes. We reverse. In December

Harry's Rest. v. Dept. of Bus. Reg.

456 So. 2d 1286

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 1731952

Cited 4 times | Published

officer's finding is supported by the record. § 120.57(1)(b)9, Florida Statutes. Because the parties

Manasota-88, Inc. v. DEPT. OF ENVTL. REG.

441 So. 2d 1109

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1333473

Cited 4 times | Published

are attempting to use Chapter 403 to initiate a § 120.57 proceeding which is prohibited by Greene. While

Burgess v. FLORIDA DEPT. OF COMMERCE

436 So. 2d 356

District Court of Appeal of Florida | Filed: Aug 16, 1983 | Docket: 1701039

Cited 4 times | Published

system. Burgess objected and eventually sought a section 120.57(1) hearing before the Department. Contending

Greene v. ST. DEPT. OF NATURAL RESOURCES

414 So. 2d 251

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 1358464

Cited 4 times | Published

petition for an administrative hearing pursuant to Section 120.57(1), Florida Statutes (1979). We affirm. On

Roberson v. FLA. PAROLE & PROBATION COM'N

407 So. 2d 1044

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 467390

Cited 4 times | Published

s.120.57...[2] The definition contained in Section 120.57 itself, in turn, plainly encompasses the proceeding

Johnson v. SCH. BD. OF PALM BEACH CTY

403 So. 2d 520, 1981 Fla. App. LEXIS 20969

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 1250210

Cited 4 times | Published

proceedings under the appropriate subsection of Section 120.57, Florida Statutes, to the end that the risk

General Development Corp. v. Florida Land & Water Adjudicatory Comm'n

368 So. 2d 1323

District Court of Appeal of Florida | Filed: Mar 9, 1979 | Docket: 1389054

Cited 4 times | Published

no need for a full evidentiary hearing under Section 120.57 since the four-day hearing before the City

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

339 So. 2d 226

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

Cited 4 times | Published

Petitioner was entitled to a hearing under Fla. Stat. 120.57 and that this is the clear intendment of the

A.P. v. Department of Children & Families

230 So. 3d 3

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183892

Cited 3 times | Published

reasonable than that which was rejected or modified.” § 120.57(1)(l), Fla. Stat. (2016); see also B.J. v. Dep’t

State v. Murciano

163 So. 3d 662, 2015 Fla. App. LEXIS 6293, 2015 WL 1928555

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 60247725

Cited 3 times | Published

formal administrative proceeding pursuant to section 120.57(1), Florida Statutes. Following the hearing

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

objections. 4 Second, pursuant to section 120.57(4), Florida Statutes (2012), informal disposition

Lantz v. Smith

106 So. 3d 518, 2013 WL 500383, 2013 Fla. App. LEXIS 2112

District Court of Appeal of Florida | Filed: Feb 12, 2013 | Docket: 60228253

Cited 3 times | Published

[C]ommission to reject or modify.” We agree. Section 120.57(1)0), Florida Statutes (2010), provides that

Abrams v. Seminole County School Board

73 So. 3d 285, 2011 Fla. App. LEXIS 14234, 2011 WL 3962110

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2353906

Cited 3 times | Published

established a basis to terminate Abrams' employment. Section 120.57(1)(l), Florida Statutes (2009), provides that

Diaz v. State, Agency for Health Care Administration

65 So. 3d 78, 2011 Fla. App. LEXIS 8929, 2011 WL 2507287

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 60301783

Cited 3 times | Published

the Provider Agreement. Again, we disagree. Section 120.57(1) provides for a full evidentiary hearing

Boundy v. School Bd. of Miami-Dade County

994 So. 2d 433, 2008 Fla. App. LEXIS 17206, 2008 WL 4722757

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1217482

Cited 3 times | Published

as the final order of the [School Board]," see § 120.57(l), and need only state with particularity reasons

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

993 So. 2d 69

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

Cited 3 times | Published

rules over which it has substantive jurisdiction." § 120.57(1)(l), Fla. Stat. (2006). In addition to stating

Nw v. Dept. of Children and Family Servs.

981 So. 2d 599, 2008 Fla. App. LEXIS 6873, 2008 WL 2037769

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1273605

Cited 3 times | Published

licensure and was entitled to receive the license. See § 120.57(1)(j), Fla. Stat. (2007). ("Findings of fact shall

Mh v. Dept. of Children and Family Servs.

977 So. 2d 755, 2008 WL 818802

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 1529666

Cited 3 times | Published

request an administrative proceeding pursuant to Section 120.57, Florida Statutes, and rules promulgated pursuant

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

978 So. 2d 195, 33 Fla. L. Weekly Fed. D 531

District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 1508778

Cited 3 times | Published

Florida Real Estate Commission, pursuant to section 120.57(2), Florida Statutes. During the course of

BILL SALTER ADVERTISING, INC. v. Department of Transportation

974 So. 2d 548, 2008 Fla. App. LEXIS 1959, 2008 WL 373617

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1367588

Cited 3 times | Published

requested an administrative hearing pursuant to section 120.57(1), Florida Statutes (2005). At the administrative

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

requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond

Health Options v. Agency for Health Care

889 So. 2d 849

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1742682

Cited 3 times | Published

mechanism somewhat similar to that contained in section 120.57(1), Florida Statutes, which gives discretionary

Clemons v. STATE RISK MANAGEMENT TRUST FUND

870 So. 2d 881, 2004 WL 502605

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

Cited 3 times | Published

an administrative law judge presiding in a section 120.57 proceeding will deem controlling duly promulgated

Clemons v. STATE RISK MANAGEMENT TRUST FUND

870 So. 2d 881, 2004 WL 502605

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

Cited 3 times | Published

an administrative law judge presiding in a section 120.57 proceeding will deem controlling duly promulgated

BROOKWOOD-WALTON CTY. CONVALESCENT CENTER v. Agency for Health Care Admin.

845 So. 2d 223, 2003 Fla. App. LEXIS 4733, 2003 WL 1798101

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 1728765

Cited 3 times | Published

were supported by competent substantial evidence. § 120.57(1)(l), Fla. Stat. (2001). To the extent the ALJ's

Spuza v. Department of Health

838 So. 2d 676, 2003 WL 728388

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 461452

Cited 3 times | Published

practice medicine after an informal proceeding. See § 120.57(2), Fla. Stat. (2001). Spuza contends the Department

McMillan v. Broward County School Bd.

834 So. 2d 903, 2003 Fla. App. LEXIS 9, 2003 WL 18425

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 607943

Cited 3 times | Published

comply with the essential requirements of law. See § 120.57(1)(l), Fla. Stat. (2001); Greseth v. Dep't of

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

generally it cannot alone sustain a finding. See § 120.57(c), Fla. Stat. (2001); Fla. Admin. Code r.28-106

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

order, had no substantive jurisdiction under section 120.57(1)(l), Florida Statutes (1999), to displace

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

denominating such findings conclusions of law. See § 120.57(1)(l), Fla. Stat. (2000); Gordon v. State Comm'n

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

raised no hearsay objection here or below. See § 120.57(1)(c), Fla. Stat. (2000). Under the Administrative

State v. WOMEN'S HEALTH AND COUNSELING SERVICES, INC.

852 So. 2d 254, 2001 WL 111037

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 1305594

Cited 3 times | Published

in original). Our supreme court reasoned: If section 120.57(1)(b)(7) requires an agency to provide a transcript

Declet v. DEPT. OF CHILDREN & FAMILIES

776 So. 2d 1000, 2001 Fla. App. LEXIS 361, 2001 WL 43039

District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 32089

Cited 3 times | Published

consistent with its statutory authority pursuant to Section 120.57(1)(l), Florida Statutes (2000). AFFIRMED. THOMPSON

LB Bryan & Co. v. SCHOOL BD. OF BROWARD

746 So. 2d 1194, 1999 WL 1136679

District Court of Appeal of Florida | Filed: Dec 14, 1999 | Docket: 1714959

Cited 3 times | Published

appellants, the School Board acted contrary to section 120.57(1)(j), Florida Statutes (Supp.1996), when it

Bush v. Brogan

725 So. 2d 1237, 1999 WL 22457

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1294039

Cited 3 times | Published

was then forwarded to the EPC, pursuant to section 120.57(1)(i), Florida Statutes (Supp.1996). A panel

Shaker Lakes Apartments Co. v. Dolinger

714 So. 2d 1040, 1998 WL 282782

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 390865

Cited 3 times | Published

could have advanced them only by motion.[1] Section 120.57(1)(b), Florida Statutes *1042 (Supp.1996),

Lawnwood Med. Ctr. v. AGENCY FOR HEALTH CARE

678 So. 2d 421

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 1470527

Cited 3 times | Published

hearing officer. An agency is not authorized by section 120.57(1)(b)10 to reopen the record, receive additional

Phillip v. University of Florida

680 So. 2d 508, 1996 Fla. App. LEXIS 4060, 1996 WL 191608

District Court of Appeal of Florida | Filed: Apr 23, 1996 | Docket: 305297

Cited 3 times | Published

petition for an administrative hearing pursuant to section 120.57, Florida Statutes, with regard to his termination

Davis v. School Bd. of Gadsden County

646 So. 2d 766, 1994 Fla. App. LEXIS 10825, 1994 WL 603154

District Court of Appeal of Florida | Filed: Nov 7, 1994 | Docket: 1405410

Cited 3 times | Published

Hearings, in accordance with section 120.57(1)(b)3., Florida Statutes. Section 120.57(1), Florida Statutes,

Kruer v. Board of Trustees

647 So. 2d 129, 1994 WL 131172

District Court of Appeal of Florida | Filed: Apr 18, 1994 | Docket: 437026

Cited 3 times | Published

in his petition for a hearing pursuant to section 120.57(1), Florida Statutes, that he is a recreational

Hillhaven v. DEPT. OF HEALTH & REHAB SERV.

625 So. 2d 1299

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

Cited 3 times | Published

their rate challenges for monetary relief under Section 120.57, Florida Statutes (1989), and their rule challenges

Martuccio v. DEPT. OF PRO. REGULATION

622 So. 2d 607, 1993 WL 303092

District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 547020

Cited 3 times | Published

petitioned for a formal hearing pursuant to section 120.57, Florida Statutes. After an administrative

ROYAL PALM SQUARE v. Sevco Land Corp.

623 So. 2d 533, 1993 WL 247127

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 1183120

Cited 3 times | Published

requesting an administrative hearing contemplated by section 120.57, Florida Statutes (1989). Based upon our analysis

Dept. of Health & Rehab. Services v. Sg

613 So. 2d 1380, 1993 WL 40477

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 676997

Cited 3 times | Published

section 57.111, but reverse the award under section 120.57. Appellee, a registered nurse, is the owner

Dept. of Health & Rehab. Services v. Sg

613 So. 2d 1380, 1993 WL 40477

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 676997

Cited 3 times | Published

section 57.111, but reverse the award under section 120.57. Appellee, a registered nurse, is the owner

Brown v. DEPT. OF PRO. REGULATION, BD. OF PSYCH. EXAMINERS

602 So. 2d 1337, 1992 WL 170980

District Court of Appeal of Florida | Filed: Jul 23, 1992 | Docket: 1714492

Cited 3 times | Published

Brown first argues that he is entitled to a section 120.57(1) hearing to dispute the probable cause determination

Scardino v. UNEMP. APPEALS COM'N

603 So. 2d 549, 1992 WL 156891

District Court of Appeal of Florida | Filed: Jul 9, 1992 | Docket: 1739067

Cited 3 times | Published

comply with the essential requirements of law. § 120.57(1)(b)(10), Fla. Stat. (1989); Clay County Sheriff's

Werthman v. SCH. BD. OF SEMINOLE CTY.

599 So. 2d 220, 1992 Fla. App. LEXIS 5368, 1992 WL 101259

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 1741389

Cited 3 times | Published

portion of the fees in Krueger were sought under section 120.57(1)(b)(5), which provides for fees as a sanction

Asphalt Pavers, Inc. v. STATE, DEPT. OF TRANSP.

602 So. 2d 558, 1992 Fla. App. LEXIS 4836, 1992 WL 85094

District Court of Appeal of Florida | Filed: Apr 30, 1992 | Docket: 1694007

Cited 3 times | Published

went to an evidentiary hearing pursuant to section 120.57(1), Florida Statutes (1989). Mr. Dumas testified

Asphalt Pavers, Inc. v. STATE, DEPT. OF TRANSP.

602 So. 2d 558, 1992 Fla. App. LEXIS 4836, 1992 WL 85094

District Court of Appeal of Florida | Filed: Apr 30, 1992 | Docket: 1694007

Cited 3 times | Published

went to an evidentiary hearing pursuant to section 120.57(1), Florida Statutes (1989). Mr. Dumas testified

Yunker v. University of Florida

602 So. 2d 557, 1992 Fla. App. LEXIS 5156, 17 Fla. L. Weekly Fed. D 1142

District Court of Appeal of Florida | Filed: Apr 29, 1992 | Docket: 359414

Cited 3 times | Published

overseas project, petitioned for a hearing under section 120.57(1), Florida Statutes (1989), after the University

United States v. South Florida Water Management District

847 F. Supp. 1567, 1992 U.S. Dist. LEXIS 22195, 1992 WL 571043

District Court, S.D. Florida | Filed: Feb 24, 1992 | Docket: 1605353

Cited 3 times | Published

affected by agency action is entitled to a Section 120.57 trial-type hearing if there is a disputed issue

Home Builders and Contractors Ass'n v. DCA

585 So. 2d 965

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

Cited 3 times | Published

urban sprawl. Charlotte County requested a Section 120.57 hearing to determine if its plan was in compliance

Sheridan v. Deep Lagoon Marina

576 So. 2d 771, 1991 WL 27225

District Court of Appeal of Florida | Filed: Feb 26, 1991 | Docket: 1669934

Cited 3 times | Published

to intervene in the proceedings. Following a Section 120.57(1), Florida Statutes, hearing, the hearing

Ong v. DEPT. OF PRO. REGULATION

565 So. 2d 1384, 1990 WL 120762

District Court of Appeal of Florida | Filed: Aug 23, 1990 | Docket: 1403664

Cited 3 times | Published

to be imposed. The Hodge court observed that section 120.57, Florida Statutes (1981), does not expressly

O'Connor v. Dept. of Pro. Regulation, Const. Industry Licensing Bd.

566 So. 2d 549, 1990 Fla. App. LEXIS 5950, 1990 WL 114701

District Court of Appeal of Florida | Filed: Aug 10, 1990 | Docket: 547524

Cited 3 times | Published

reasons" for increasing the recommended penalty. § 120.57(1)(b)(10), Fla. Stat. (1987); Dep't of Prof. Reg

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

561 So. 2d 1224, 1990 WL 54928

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

Cited 3 times | Published

immediacy to entitle it to a hearing under Section 120.57, Florida Statutes (1987). Agrico. The central

SOUTH FLORIDA WATER MGT. v. City of St. Cloud

550 So. 2d 551

District Court of Appeal of Florida | Filed: Oct 26, 1989 | Docket: 1718777

Cited 3 times | Published

formal administrative proceeding pursuant to section 120.57(1), Florida Statutes (1987). In its petition

Manasota 88, Inc. v. Tremor

545 So. 2d 439, 1989 WL 64543

District Court of Appeal of Florida | Filed: Jun 16, 1989 | Docket: 1702940

Cited 3 times | Published

by D.O.A.H. following a proper request under section 120.57(1)(b)3 are twofold. First, the officer shall

Pluto v. DEPT. OF PRO. REGULATION DIV. OF REAL ESTATE

538 So. 2d 539, 1989 WL 11957

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 472489

Cited 3 times | Published

in the record and reference is made thereto. Section 120.57(1)(b)(10), Florida Statutes (1986), provides

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

538 So. 2d 878

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

Cited 3 times | Published

petitioners did not have standing to initiate section 120.57 hearings to contest the certification of each

Shackleton v. FLA. UNEMP. APP. COM'N

534 So. 2d 753, 1988 WL 120694

District Court of Appeal of Florida | Filed: Nov 15, 1988 | Docket: 2542047

Cited 3 times | Published

comply with the essential requirements of law. § 120.57(1)(b)10, Fla. Stat.; David Clark & Associates

Florida Min. & Mat. Corp. v. Fla. Unemp. App. Com'n

530 So. 2d 426, 1988 WL 89033

District Court of Appeal of Florida | Filed: Aug 30, 1988 | Docket: 1678230

Cited 3 times | Published

appeal and a hearing was conducted pursuant to Section 120.57, Florida Statutes. At the hearing, claimant

Gulf Coast Home Health Serv. v. Dhrs

515 So. 2d 1009

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 2239665

Cited 3 times | Published

Formal Administrative Hearing, pursuant to Section 120.57, Florida Statutes and Fla. Admin. Code Rule

Groves-Watkins Const. v. State, Dept. of Transp.

511 So. 2d 323, 12 Fla. L. Weekly 1465, 1987 Fla. App. LEXIS 10649

District Court of Appeal of Florida | Filed: Aug 4, 1987 | Docket: 1338290

Cited 3 times | Published

protest. First, G-W contends that DOT violated section 120.57(1)(b)9, Florida Statutes (1985), by reweighing

MacPherson v. SCHOOL BD. OF MONROE CTY.

505 So. 2d 682, 39 Educ. L. Rep. 905, 12 Fla. L. Weekly 1083, 1987 Fla. App. LEXIS 7869

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 1500501

Cited 3 times | Published

hearing before a hearing officer pursuant to section 120.57, Florida Statutes (1985).[2] After the hearing

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

504 So. 2d 1301

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

Cited 3 times | Published

challenge the disputed material issues of fact in a § 120.57 hearing. In the instant case the Division's letters

NME Hospitals, Inc. v. Department of Health

492 So. 2d 379

District Court of Appeal of Florida | Filed: Jun 24, 1986 | Docket: 478621

Cited 3 times | Published

Services (HRS), denying their petitions for section 120.57(1) hearings. We affirm. *380 In November 1982

University Commun. Hosp. v. Dept. of Health

493 So. 2d 2

District Court of Appeal of Florida | Filed: May 16, 1986 | Docket: 1247506

Cited 3 times | Published

time was a motion filed by UCH pursuant to section 120.57(1)(b)(9), Florida Statutes (1983), seeking

Harac v. DEPT. OF PROFESSIONAL REG.

484 So. 2d 1333, 11 Fla. L. Weekly 631

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 1702740

Cited 3 times | Published

reviewed in an administrative hearing pursuant to section 120.57, Florida Statutes (1985). The parties agreed

Univ. Comm. Hosp. v. Dept. of Health

472 So. 2d 756

District Court of Appeal of Florida | Filed: May 22, 1985 | Docket: 1794136

Cited 3 times | Published

formal hearing be conducted in accordance with section 120.57(3), Florida Statutes. Thereafter, the matter

HILLSBOROUGH CTY. HOSP. v. Tampa Heart Institute

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

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

Cited 3 times | Published

the formal administrative proceedings under section 120.57, Florida Statutes (1983). The second order

Kinast v. DEPT. OF PROF. REGULATION

458 So. 2d 1159

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1452335

Cited 3 times | Published

practice of contracting. A hearing pursuant to § 120.57(1), Florida Statutes (1983), was requested by

Maskaron v. DEPT. OF PROF. REG., BD. OF MEDICAL EXAMINERS

450 So. 2d 1242

District Court of Appeal of Florida | Filed: Jun 6, 1984 | Docket: 1433098

Cited 3 times | Published

been treated for mental illness. Pursuant to section 120.57, Florida Statutes (1981), Dr. Maskaron made

Martin v. SCHOOL BD. OF GADSDEN CTY.

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

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

Cited 3 times | Published

School System, challenges an order denying her a Section 120.57, Florida Statutes (1981), hearing concerning

Cortese v. School Bd. of Palm Beach Cty.

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

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

Cited 3 times | Published

denied appellants a formal hearing pursuant to section 120.57(1), Florida Statutes (1981). Appellants are

Utilities, Inc., Fla. v. Fla. Psc

420 So. 2d 331

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1711356

Cited 3 times | Published

conducted by a hearing officer pursuant to Section 120.57, Florida Statutes (1981). Applying the standards

Nord v. FLORIDA PAROLE & PROB. COM'N

417 So. 2d 1176

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

Cited 3 times | Published

neither Bowling nor Douglas was a party to a Section 120.57 proceeding in which the invalidity of a rule

Intern. Medical Centers v. Department, Etc.

417 So. 2d 734

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1722024

Cited 3 times | Published

requests for an administrative hearing pursuant to Section 120.57(1), Florida Statutes (1979). We reverse. On

Dickerson, Inc. v. Rose

398 So. 2d 922

District Court of Appeal of Florida | Filed: May 7, 1981 | Docket: 1696609

Cited 3 times | Published

Dickerson waived a clear point of entry into Section 120.57(1) proceedings by filing its petition and motion

Blanchette v. School Board of Leon County

378 So. 2d 68, 1979 Fla. App. LEXIS 16223

District Court of Appeal of Florida | Filed: Dec 11, 1979 | Docket: 2547203

Cited 3 times | Published

School Board order denying her request for a Section 120.57(1) formal hearing on her claim of entitlement

Solar Energy Control, Inc. v. STATE, ETC.

377 So. 2d 746

District Court of Appeal of Florida | Filed: Nov 21, 1979 | Docket: 423639

Cited 3 times | Published

court requiring an administrative hearing under Section 120.57, Florida Statutes, concerning its claim of

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

368 So. 2d 411

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

Cited 3 times | Published

notice, or in the alternative, it requested a § 120.57 hearing within 15 days from receipt, White would

Kimball v. Hawkins

364 So. 2d 463

Supreme Court of Florida | Filed: Nov 2, 1978 | Docket: 461839

Cited 3 times | Published

support of his position, petitioner relies on Section 120.57(1)(b)(9), Florida Statutes (1975), which provides

Graham Contracting, Inc. v. STATE DEPT. OF GEN. SERV.

363 So. 2d 809, 1978 Fla. App. LEXIS 16909

District Court of Appeal of Florida | Filed: Jul 14, 1978 | Docket: 2590181

Cited 3 times | Published

however, for appropriate procedures under Section 120.57, Florida Statutes (1977). The Department's

JA Jones Constr. Co. v. State, Dept. of General Services

356 So. 2d 863, 1978 Fla. App. LEXIS 15546

District Court of Appeal of Florida | Filed: Mar 17, 1978 | Docket: 1508222

Cited 3 times | Published

or otherwise indicate that proceedings under Section 120.57(1) or (2) have been had by the agency leading

Kawasaki of Tampa, Inc. v. Calvin

348 So. 2d 897

District Court of Appeal of Florida | Filed: Aug 18, 1977 | Docket: 1761157

Cited 3 times | Published

pursuant to that act... ." (Emphasis supplied.) Section 120.57(1)(a), Florida Statutes (1975), the Administrative

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

approved that settlement, in part, because section 120.57(4), Florida Statutes, authorizes "informal

South Broward Hospital District v. State, Agency for Health Care Administration

141 So. 3d 678, 2014 WL 2853458, 2014 Fla. App. LEXIS 9534

District Court of Appeal of Florida | Filed: Jun 24, 2014 | Docket: 60242010

Cited 2 times | Published

remand for an administrative hearing pursuant to section 120.57, Florida Statutes. The dispute underlying this

Cesar v. Reemployment Assistance Appeals Commission

121 So. 3d 1181, 2013 WL 5354418, 2013 Fla. App. LEXIS 15246

District Court of Appeal of Florida | Filed: Sep 26, 2013 | Docket: 60234368

Cited 2 times | Published

3d 461, 463 (Fla. 1st DCA 2012) (citing to section 120.57(1)(Z), Florida Statutes in holding that an

Save Our Creeks v. State Fish & Wildlife Conservation Commission

112 So. 3d 128, 2013 WL 1908401, 2013 Fla. App. LEXIS 7468

District Court of Appeal of Florida | Filed: May 9, 2013 | Docket: 60230999

Cited 2 times | Published

dismissal of a petition for a hearing under section 120.57, Florida Statutes, an agency must “accept as

Micjo, Inc. v. Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco

78 So. 3d 124, 2012 WL 279670, 2012 Fla. App. LEXIS 1322

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60304970

Cited 2 times | Published

resulted in an informal hearing pursuant to section 120.57(2), Florida Statutes (2010). AB & T held the

SHERIFF OF BROWARD COUNTY v. Stanley

50 So. 3d 640, 2010 Fla. App. LEXIS 17657, 2010 WL 4628904

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2399525

Cited 2 times | Published

So.2d 1187, 1191 (Fla. 1st DCA 1992); see also § 120.57(1)(c), Fla. Stat. Accordingly, the hearsay evidence

Mid-Florida Freezer Warehouses, Ltd. v. Unemployment Appeals Commission

41 So. 3d 1014, 2010 Fla. App. LEXIS 11433, 2010 WL 3056607

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 1668378

Cited 2 times | Published

So.2d 1235, 1237 (Fla. 2d DCA 2003); see also § 120.57(1)(c), Fla. Stat. (2009) (Hearsay evidence may

Reily Enterprises, LLC v. Dept. of Environmental Protection

990 So. 2d 1248, 2008 WL 4330202

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 2538640

Cited 2 times | Published

not based upon competent substantial evidence." § 120.57(1)(l), Fla. Stat. (2007). Reily attempts to inject

Reily Enterprises, LLC v. Dept. of Environmental Protection

990 So. 2d 1248, 2008 WL 4330202

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 2538640

Cited 2 times | Published

not based upon competent substantial evidence." § 120.57(1)(l), Fla. Stat. (2007). Reily attempts to inject

Mae Volen Senior Center, Inc. v. AAA

978 So. 2d 191

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1508606

Cited 2 times | Published

guidelines copy the required procedures under section 120.57(3), as required of agencies subject to the

Kjs v. Dcfs

974 So. 2d 1106

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1718143

Cited 2 times | Published

Inc., 495 So.2d 790, 793 (Fla. 1st DCA 1986). Section 120.57(1)(l), Florida Statutes (2005), provides that

Smith v. Florida Dept. of Corrections

961 So. 2d 1050, 2007 Fla. App. LEXIS 11367, 2007 WL 2089266

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 1515779

Cited 2 times | Published

record and justifies its actions in writing. See § 120.57(1)(l), Fla. Stat. (2006); see also Palm Beach

Henderson v. DEPT. OF HEALTH

954 So. 2d 77, 2007 WL 1093496

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1165386

Cited 2 times | Published

order within fifteen days of its issuance. See § 120.57(1)(b), (k), Fla. Stat. (2005). A party cannot

Zimmerman v. STATE, OFFICE OF INS. REG.

944 So. 2d 1163

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1156977

Cited 2 times | Published

right to request a formal hearing pursuant to section 120.57(1), Florida Statutes, or alternatively, to

JM v. Florida Agency for Persons With Disabilities

938 So. 2d 535, 2006 Fla. App. LEXIS 13199, 2006 WL 2251885

District Court of Appeal of Florida | Filed: Aug 8, 2006 | Docket: 1673593

Cited 2 times | Published

that J.M. was not entitled to a hearing under section 120.57(1), Florida Statutes (2005), to resolve a dispute

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

919 So. 2d 611, 2006 WL 120176

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1678616

Cited 2 times | Published

doing so in its written order. Florida Statutes section 120.57(1)(l) provides: "[t]he agency may accept the

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

the administrative hearing. § 120.68(7)(b). Section 120.57(1)(c) specifically provides that in administrative

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

pursuant to the informal hearing proceedings under section 120.57(2), Florida Statutes (2003). The Mellers, residents

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

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

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

Cited 2 times | Published

B. and D.B. requested a hearing pursuant to section 120.57, Florida Statutes, DCFS referred the substantial

Merritt v. Crosby

893 So. 2d 598, 2005 WL 17722

District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 1720830

Cited 2 times | Published

Commission, 348 So.2d 681 (Fla. 1st DCA 1977); see also § 120.57(1)(c), Fla. Stat. (2004). Implicitly recognizing

SFHHA v. Jaber

887 So. 2d 1210, 2004 WL 2359983

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 466610

Cited 2 times | Published

settlement as provided under Florida law. See § 120.57(4), Fla. Stat. (2002) ("Unless precluded by law

Willick v. UNEMPLOYMENT APPEALS COM'N

885 So. 2d 440, 2004 WL 2346142

District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 1685290

Cited 2 times | Published

competent, substantial evidence in the record. See § 120.57(1)(l), Fla. Stat. (2002); Studor Inc. v. Duren

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

petition for formal administrative hearing under section 120.57(1), Florida Statutes (1999). In accordance

USF v. State, Dept. of Health

812 So. 2d 572

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 11263

Cited 2 times | Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1999), in order to contest

Herold v. University of South Florida

806 So. 2d 638, 2002 Fla. App. LEXIS 1449, 2002 WL 215624

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1712904

Cited 2 times | Published

grant him a formal evidentiary hearing under section 120.57(1), Florida Statutes *640 (2000), in connection

DeWitt v. SCHOOL BD. OF SARASOTA COUNTY

799 So. 2d 322, 2001 Fla. App. LEXIS 14487, 2001 WL 1203068

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1278229

Cited 2 times | Published

response to a recommended order are provided in section 120.57(1)(l), Florida Statutes (2000): (l) The agency

Florida Wildlife Federation v. Collier County (In Re Section 20 Land Group, Ltd.)

252 B.R. 812, 13 Fla. L. Weekly Fed. B 322, 2000 Bankr. LEXIS 990, 2000 WL 1254218

United States Bankruptcy Court, M.D. Florida | Filed: Aug 4, 2000 | Docket: 1429553

Cited 2 times | Published

Statutes, is substantially similar to former Section 120.57(1)(b)(5), Florida Statutes, and to Rule 11

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

Florida Administrative Procedure Act: Choosing § 120.57(2) hearings in professional license disciplinary

Twins D & D, Inc. v. Dept. of Business and Professional Regulation

722 So. 2d 234, 1998 Fla. App. LEXIS 14859, 1999 WL 2510

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 2536737

Cited 2 times | Published

opportunities to demand a formal hearing pursuant to section 120.57(1), Florida Statutes (1997). Having failed

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

majority's disposition. Judge Benton interprets section 120.57(1)(j), Florida Statutes (1997), as permitting

Environmental Trust v. State

714 So. 2d 493

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

Cited 2 times | Published

petitions for administrative hearings under section 120.57(1), Florida Statutes (1995), to contest the

Florida Power & Light Co. v. State

693 So. 2d 1025, 1997 WL 243421

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1355016

Cited 2 times | Published

comply with the essential requirements of law. § 120.57(1)(b)10, Fla. Stat. (1995). See Moore v. Florida

Roberts v. Department of Corrections

690 So. 2d 1383, 1997 Fla. App. LEXIS 3506, 1997 WL 162743

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 436330

Cited 2 times | Published

before the hearing officer. As we interpret section 120.57(1)(j), Florida Statutes (Supp.1996), a transcript

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

681 So. 2d 1132, 1996 WL 548949

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

Cited 2 times | Published

Subdivision (c)(2)(A) is based on provisions of section 120.57(1)(f), Florida Statutes. This subdivision of

Buchheit v. DEPT. OF BUS. & PROFES.

659 So. 2d 1220

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 2507308

Cited 2 times | Published

remand this cause for formal proceedings under section 120.57(1), Florida Statutes (1993). See Village Saloon

Coastal Petroleum Company v. STATE, DEPARTMENT OF ENVIRONMENTAL PROTECTION

649 So. 2d 930, 1995 WL 49125

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1320553

Cited 2 times | Published

coastal and marine resources. Proceedings under section 120.57(2), Florida Statutes, resulted in a final order

Boulton v. Morgan

643 So. 2d 1103, 1994 WL 457113

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 1744313

Cited 2 times | Published

meaning of the words used in the final order. Section 120.57(1)(b)(10), Florida Statutes (1993), provides

Save the St. Johns River v. WATER MGT. DIST.

623 So. 2d 1193, 1993 Fla. App. LEXIS 8650, 1993 WL 317075

District Court of Appeal of Florida | Filed: Aug 23, 1993 | Docket: 1183027

Cited 2 times | Published

evidence to prove this essential finding at the section 120.57 hearing. Thus, SAVE argues, the Commission

Chase v. Pinellas County School Bd.

597 So. 2d 419, 1992 Fla. App. LEXIS 4505, 1992 WL 81069

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 1526470

Cited 2 times | Published

imposing penalties, the agency complies with section 120.57(1)(b)10., and the increased penalty falls within

Moore v. STATE, DHRS

596 So. 2d 759, 1992 WL 67938

District Court of Appeal of Florida | Filed: Apr 2, 1992 | Docket: 1295934

Cited 2 times | Published

Associates filed an administrative protest and a section 120.57(1), Florida Statutes, administrative hearing

Fla. Dept. of Community Affairs v. Escambia County

582 So. 2d 1237, 1991 WL 133567

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 165649

Cited 2 times | Published

A formal administrative hearing pursuant to section 120.57(1) was to be conducted by DOAH beginning on

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

574 So. 2d 170, 1991 WL 5006

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

Cited 2 times | Published

from a final order of the DABT following a Section 120.57 formal hearing in which the DABT adopted in

Hambley v. DEPT. OF PRO. REGULATION, DIV. OF REAL ESTATE

568 So. 2d 970, 1990 WL 145587

District Court of Appeal of Florida | Filed: Oct 5, 1990 | Docket: 1526653

Cited 2 times | Published

appellee has failed to adequately comply with section 120.57(1)(b)(10), Florida Statutes (1987), in order

Jimenez v. DEPT. OF PRO. REGULATION, BD. OF MEDICINE

556 So. 2d 1219, 1990 WL 14245

District Court of Appeal of Florida | Filed: Feb 21, 1990 | Docket: 543052

Cited 2 times | Published

contending that the Board failed to comply with section 120.57(1)(b)(10), Florida Statutes (1987) when it

Spiegel v. University of South Fla.

555 So. 2d 428, 1989 WL 163025

District Court of Appeal of Florida | Filed: Dec 27, 1989 | Docket: 1397264

Cited 2 times | Published

administrative hearing is further ensured by section 120.57, Florida Statutes (1987). USF conceded in its

Edgar v. School Bd. of Calhoun County

549 So. 2d 726, 14 Fla. L. Weekly 2276, 1989 Fla. App. LEXIS 5460, 1989 WL 113237

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 1374396

Cited 2 times | Published

1987, appellant petitioned the board for a section 120.57 hearing. In his petition appellant challenged

Metsch v. University of Florida

550 So. 2d 1149, 14 Fla. L. Weekly 2194, 1989 Fla. App. LEXIS 5131, 1989 WL 106778

District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 1369823

Cited 2 times | Published

his application, and a hearing pursuant to section 120.57(1), Florida Statutes (1987). In his request

Capital Copy, Inc. v. Univ. of Fla.

526 So. 2d 988, 13 Fla. L. Weekly 1319, 1988 Fla. App. LEXIS 2297, 1988 WL 55739

District Court of Appeal of Florida | Filed: Jun 1, 1988 | Docket: 1273294

Cited 2 times | Published

he was required to request proceedings under Section 120.57." Compare Lamar Advertising Co. v. Department

Antel v. DEPARTMENT OF PRO. REGULATION

522 So. 2d 1056, 1988 WL 29177

District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 1660970

Cited 2 times | Published

estate license. At the hearing held pursuant to section 120.57 Florida Statutes (1985), the parties stipulated

Florida Power Corp. v. State, Siting Bd.

513 So. 2d 1341, 12 Fla. L. Weekly 2389

District Court of Appeal of Florida | Filed: Oct 8, 1987 | Docket: 1689574

Cited 2 times | Published

public hearing is then conducted pursuant to Section 120.57, Florida Statutes, after which a hearing officer

Doctors'osteo. Med. v. Dept. of Hlt.

498 So. 2d 478

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 1335058

Cited 2 times | Published

appellant and reverse. Additionally, pursuant to Section 120.57(1)(b)9, Florida Statutes (Supp. 1984), we find

Upjohn Healthcare Services v. DEPT. OF HEALTH

496 So. 2d 147

District Court of Appeal of Florida | Filed: Jul 22, 1986 | Docket: 428156

Cited 2 times | Published

action, Upjohn sought a hearing pursuant to section 120.57, Florida Statutes, but the hearing was continued

McGraw v. DEPT. OF STATE, DIV. OF LICENGING

491 So. 2d 1193, 11 Fla. L. Weekly 1546

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1721938

Cited 2 times | Published

that he had a right to a formal hearing under Section 120.57(1) if he disputed the facts upon which the

University Med. Center v. Dept. of Health

483 So. 2d 712

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 455684

Cited 2 times | Published

HRS in October 1983. Humana petitioned for a section 120.57, Florida Statutes (1983), administrative hearing

Cent. Fla. Reg. Hosp. v. Daytona Beach Gen.

475 So. 2d 974

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 1301843

Cited 2 times | Published

"over-bedded." DBGH applied for and received a § 120.57 hearing on the denial. CFRH intervened and opposed

Boca Raton v. FLA. DEPT. OF H. & R. SERV.

475 So. 2d 260

District Court of Appeal of Florida | Filed: Aug 20, 1985 | Docket: 1302091

Cited 2 times | Published

parties to this agreement but petitioned for a Section 120.57 hearing on the issuance of the CON to West

Lazarus v. DEPT. OF PROFESSIONAL REG.

461 So. 2d 1022, 10 Fla. L. Weekly 111

District Court of Appeal of Florida | Filed: Jan 2, 1985 | Docket: 1807877

Cited 2 times | Published

review fails to give any reasons, as required by Section 120.57(1)(b)9, Florida Statutes (1983), for increasing

Hasper v. DEPT. OF ADMIN.

459 So. 2d 398

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

Cited 2 times | Published

determination in the proceeding requested pursuant to Section 120.57(1), Florida Statutes. Still, [appellant] has

Fla. Conval. Centers, Inc. v. State, Dept. of Health and Rehab. Services

445 So. 2d 631

District Court of Appeal of Florida | Filed: Feb 8, 1984 | Docket: 1133330

Cited 2 times | Published

formal proceedings on their applications under § 120.57(1). Petitioner's request was transmitted to the

Orange County v. Debra, Inc.

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

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

Cited 2 times | Published

below was held pursuant to the requirements of § 120.57, Florida Statutes (1981). Appellant further alleges

Beckum v. STATE, DEPT. OF H & R SERVICES

443 So. 2d 227

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1746624

Cited 2 times | Published

in Case No. 82-1961.[2] In accordance with Section 120.57, Florida Statutes (1981), Dr. Beckum was entitled

Remsen v. University of Florida

429 So. 2d 1228, 10 Educ. L. Rep. 1258, 1983 Fla. App. LEXIS 18829

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1667593

Cited 2 times | Published

to have a grievance heard: (a) pursuant to Section 120.57; (b) pursuant to Rule 6C1-7.42; or (c) before

Manasota-88 v. State, Dept. of Envir.

417 So. 2d 846

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 1722113

Cited 2 times | Published

request for an administrative hearing pursuant to Section 120.57(2), Florida Statutes. We reverse. The record

Preston Carroll Company, Inc. v. Florida Keys Aqueduct Authority

400 So. 2d 524, 1981 Fla. App. LEXIS 20201

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1676967

Cited 2 times | Published

denying Preston Carroll's protest pursuant to section 120.57, Florida Statutes (1979) of the award of the

Peterson v. FLORIDA DEPT. OF COMMUNITY AFFAIRS

386 So. 2d 879

District Court of Appeal of Florida | Filed: Aug 18, 1980 | Docket: 1518335

Cited 2 times | Published

denying their petition for formal hearing under Section 120.57(1), Florida Statutes (1977). The petition was

Gruman v. State, Dept. of Revenue

379 So. 2d 1313, 1980 Fla. App. LEXIS 15546

District Court of Appeal of Florida | Filed: Feb 13, 1980 | Docket: 1277042

Cited 2 times | Published

fact and conclusions of law, as required by Section 120.57(1)(b)(8), Florida Statutes. He found that at

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

376 So. 2d 16

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

Cited 2 times | Published

of fact which would justify a hearing under Section 120.57(1) Florida Statutes (1971). The facts were

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

376 So. 2d 16

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

Cited 2 times | Published

of fact which would justify a hearing under Section 120.57(1) Florida Statutes (1971). The facts were

G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage

362 So. 2d 951, 1978 Fla. App. LEXIS 16632

District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 64566335

Cited 2 times | Published

review of the complete record in violation of F.S. 120.-57(1)(b)(9). Although we find petitioner’s point

STATE DEPT. OF HEALTH, ETC. v. Barr

359 So. 2d 503

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

Cited 2 times | Published

reviewable, in the same way as orders entered in Section 120.57 proceedings, by timely petition in a district

SCHOOL BD. OF COLLIER CTY. v. Steele

348 So. 2d 1166, 1977 Fla. App. LEXIS 16410

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1761220

Cited 2 times | Published

rally in Tallahassee, the School Board, after Section 120.57(1) proceedings, discharged her on account of

Florida Industrial Power Users Group v. Julie Imanuel Brown, etc.

273 So. 3d 926

Supreme Court of Florida | Filed: Jun 13, 2019 | Docket: 15769056

Cited 1 times | Published

applicable under the Administrative Procedure Act. Section 120.57(1)(c), Florida Statutes (2017), which is a

Kanter Real Estate, LLC v. Department of Environmental Protection, City of Miramar, and Broward County, Florida

267 So. 3d 483

District Court of Appeal of Florida | Filed: Mar 19, 2019 | Docket: 14745442

Cited 1 times | Published

Analysis Section 120.57(1)(l), Florida Statutes, authorizes an agency

Cuenca v. State Board of Administration

259 So. 3d 253

District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186511

Cited 1 times | Published

over objection in civil actions.” § 120.57(1)(c), Fla. Stat. (2017) Thus, the Second

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

569(1), Fla. Stat. (2015) (a hearing under section 120.57 is required when an agency’s decision affects

AT & T Corp. v. State, Department of Management Services

201 So. 3d 852, 2016 Fla. App. LEXIS 15744

District Court of Appeal of Florida | Filed: Oct 21, 2016 | Docket: 60257108

Cited 1 times | Published

Department’s rules, statutes, or the ITN specifications. § 120.57(3)(f), Fla. Stat. (2015). AT & T bore the burden

Stephen Herbits, and 1000 Venetian Way etc. v. Board Of Trustees Of The Internal etc.

195 So. 3d 1149, 2016 Fla. App. LEXIS 9795, 2016 WL 3450460

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3090197

Cited 1 times | Published

dismissal of a petition for a hearing under section 120.57, Florida Statutes, an agency must ‘accept as

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

be admissible over objection in civil actions.” § 120.57(l)(c); see also Sunshine Chevrolet Oldsmobile

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

156 So. 3d 520, 2015 WL 46515

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

Cited 1 times | Published

excusing a lack of rulemaking as contemplated by section 120.57(l)(e), the ALJ determined Amerisure was entitled

Alan Seiden v. Frances J. Adams, ED. D, as Superintendent of the School District of Indian River County, Florida

150 So. 3d 1215, 2014 Fla. App. LEXIS 18904, 2014 WL 6460773

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606393

Cited 1 times | Published

employee is entitled to a formal hearing under section 120.57(1) if material issues of fact are in dispute

School District of Collier County v. Fuqua

136 So. 3d 687, 2014 WL 444034, 2014 Fla. App. LEXIS 1421

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60240059

Cited 1 times | Published

filed exceptions to the recommended order. See § 120.57(l)(b), Fla. Stat. (2012). PERC’s final order adopted

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

filed exceptions to the recommended order. See § 120.57(l)(k); Fla. Admin. Code R. 40E-1.564 (repealed

Sabates v. State of Florida Department of Health

104 So. 3d 1227, 2012 WL 6600554, 2012 Fla. App. LEXIS 21763

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227374

Cited 1 times | Published

prepared the Recommended Order, pursuant to section 120.57(l)(a), Florida Statutes. Following the issuance

State Department of Highway Safety & Motor Vehicles v. Saxlehner

96 So. 3d 1002, 2012 Fla. App. LEXIS 13496, 2012 WL 3316828

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311365

Cited 1 times | Published

hearings under Chapter 120, Florida Statutes. Section 120.57(l)(c), Florida Statutes (2010), provides: Hearsay

C.D. v. Agency for Persons with Disabilities

95 So. 3d 383, 2012 WL 3101439, 2012 Fla. App. LEXIS 12368

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311197

Cited 1 times | Published

officer’s recommendation in accordance with section 120.57(3), Florida Statutes (2011). Thereafter, the

Koren v. School Board of Miami-Dade County

97 So. 3d 215, 33 I.E.R. Cas. (BNA) 1783, 37 Fla. L. Weekly Supp. 411, 2012 Fla. LEXIS 1131, 2012 WL 2036002

Supreme Court of Florida | Filed: Jun 7, 2012 | Docket: 60311732

Cited 1 times | Published

them pursuant to the procedure set forth by Section 120.57(l)(b) 9, requiring generally that before PERC

Fernandez v. Florida Department of Health, Board of Nursing

82 So. 3d 1202, 2012 WL 933082, 2012 Fla. App. LEXIS 4478

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2412164

Cited 1 times | Published

mitigate the penalties that might be imposed. See § 120.57(2), Fla. Stat. (2008). The Board adopted the findings

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

notice of her right to a formal hearing under section 120.57(1), Florida Statutes (2009), about the alleged

Pichardo v. Department of Health

71 So. 3d 950, 2011 Fla. App. LEXIS 16559, 2011 WL 4953394

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 1506067

Cited 1 times | Published

complaint to DOAH for proceedings pursuant to section 120.57(1), Florida Statutes. VAN NORTWICK, RAY, and

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

2011, pursuant to the procedures outlined in section 120.57(3), Florida Statutes (2010). Although Appellant

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

Administrative Hearings (DOAH) for a hearing pursuant to section 120.57(1), Florida Statutes. In August 2009, Appellant

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

request a formal administrative hearing under section 120.57(1), Florida Statutes (2009). On November 16

Green v. Florida Department of Business & Professional Regulation

49 So. 3d 315, 2010 Fla. App. LEXIS 17650

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60296721

Cited 1 times | Published

such data in the work file for five years. Section 120.57(1)(Z), Florida Statutes, provides that the

Florida Elections Commission v. Davis

44 So. 3d 1211, 2010 Fla. App. LEXIS 14875, 2010 WL 3783436

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2402147

Cited 1 times | Published

penaltyor not, after review of the entire record, see § 120.57(1)(l), Fla. Stat. (2006)once the case returned

Woods v. MIAMI-DADE COUNTY SCHOOL BOARD

41 So. 3d 995, 2010 Fla. App. LEXIS 11270, 2010 WL 3023384

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 1412680

Cited 1 times | Published

Florida Administrative Procedure Act (APA). See § 120.57(l)(i), Fla. Stat. (2009). The School Board’s order

Terry's Paint & Body Shop, Inc. v. Department of Financial Services, Division of Workers' Compensation

29 So. 3d 1208, 2010 Fla. App. LEXIS 3328, 2010 WL 935571

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 48521

Cited 1 times | Published

notice of its right to file a petition for a section 120.57 administrative hearing to determine whether

Keystone Peer Review Organization, Inc. v. State, Agency for Health Care Administration

26 So. 3d 652, 2010 Fla. App. LEXIS 545, 2010 WL 255977

District Court of Appeal of Florida | Filed: Jan 25, 2010 | Docket: 1638742

Cited 1 times | Published

Hearings for a formal hearing, pursuant to section 120.57, Florida Statutes (2009). On January 8, 2009

Mas v. Miami-Dade County School Board

26 So. 3d 73, 2010 Fla. App. LEXIS 279, 2010 WL 173613

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1638781

Cited 1 times | Published

Recommended Order by page number or paragraph. See § 120.57(1)(k), Fla. Stat. (2008); Boundy v. School Bd

Kaplan v. Department of Health, Board of Osteopathic Medicine

8 So. 3d 391, 2009 Fla. App. LEXIS 2496, 2009 WL 559874

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 1654477

Cited 1 times | Published

sanctions to be imposed against Dr. Kaplan. Section 120.57(1)(l), Florida Statutes (2008), provides that

Charlotte County v. IMC Phosphates Co.

18 So. 3d 1089, 2009 Fla. App. LEXIS 1061, 2009 WL 331661

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1640272

Cited 1 times | Published

competent, substantial evidence in the record. See § 120.57(1)(l), Fla. Stat. (2004); Brogan v. Carter, 671

Fowler v. Escambia County School Board

991 So. 2d 407, 2008 Fla. App. LEXIS 14524, 2008 WL 4287155

District Court of Appeal of Florida | Filed: Sep 22, 2008 | Docket: 1475102

Cited 1 times | Published

was not at liberty to reject or modify them. See § 120.57(1)(l), Fla. Stat. (2007); Prysi v. Dep't of Health

Altee v. Duval County School Bd.

990 So. 2d 1124, 2008 Fla. App. LEXIS 12090, 2008 WL 3286256

District Court of Appeal of Florida | Filed: Aug 12, 2008 | Docket: 1688233

Cited 1 times | Published

final order of dismissal in accordance with section 120.57(1)(I), Florida Statutes (2007). We grant the

Rodriguez v. DEPT. OF BUSINESS

985 So. 2d 682, 2008 WL 2596459

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1252439

Cited 1 times | Published

reverse, concluding that the CILB proceeded under Section 120.57(2), Fla. Stat., which required undisputed evidence

Bj v. Dept. of Children and Family Servs.

983 So. 2d 11, 2008 Fla. App. LEXIS 8409

District Court of Appeal of Florida | Filed: Jun 5, 2008 | Docket: 1756537

Cited 1 times | Published

Inc., 495 So.2d 790, 793 (Fla. 1st DCA 1986). Section 120.57(1)(l), Florida Statutes (2005), provides that

Jones v. Florida Keys Community College

984 So. 2d 556, 2008 Fla. App. LEXIS 6845, 2008 WL 2038045

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1288928

Cited 1 times | Published

Board of Trusteesto be the hearing officer. See § 120.57(1)(a), Fla. Stat. (2007). The Community College

Hether v. Department of Health

980 So. 2d 1124, 2008 Fla. App. LEXIS 3650, 2008 WL 678648

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1736117

Cited 1 times | Published

of CE in the areas of ethics and boundaries. Section 120.57(1)(l), Florida Statutes (2006), provides in

Fairpay Solutions v. AGENCY FOR HEALTH CARE

969 So. 2d 455, 2007 WL 3376251

District Court of Appeal of Florida | Filed: Nov 15, 2007 | Docket: 1404036

Cited 1 times | Published

proceedings, to formal or informal proceedings under Section 120.57." Gopman, 908 So.2d at 1122. We hold that AHCA's

Fairpay Solutions v. AGENCY FOR HEALTH CARE

969 So. 2d 455, 2007 WL 3376251

District Court of Appeal of Florida | Filed: Nov 15, 2007 | Docket: 1404036

Cited 1 times | Published

proceedings, to formal or informal proceedings under Section 120.57." Gopman, 908 So.2d at 1122. We hold that AHCA's

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

cases involving disputed issues of material fact. § 120.57(1), Fla. Stat. Other provisions of the APA apply

Cocktails Plus v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO

958 So. 2d 1154, 2007 Fla. App. LEXIS 10045, 2007 WL 1851673

District Court of Appeal of Florida | Filed: Jun 29, 2007 | Docket: 1414741

Cited 1 times | Published

recommended order that were filed by the appellant. See § 120.57(1)(k), Fla. Stat. (2006). An *1155 administrative

Hoffman v. DEPT. OF MANAGEMENT SERVICES

964 So. 2d 163, 2007 WL 1772145

District Court of Appeal of Florida | Filed: Jun 21, 2007 | Docket: 1257300

Cited 1 times | Published

supported by competent, substantial evidence. See § 120.57(1)(l), Fla. Stat. (2005). However, an agency reviews

Gonzalez v. Department of Business & Professional Regulation

958 So. 2d 494, 2007 Fla. App. LEXIS 8301, 2007 WL 1541956

District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 64851022

Cited 1 times | Published

waived his right to a formal hearing pursuant to section 120.57(1), Florida Statutes (2005).2 Although the

Dieguez v. Dept. of Law Enforcement

947 So. 2d 591, 2007 WL 5798

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 1720358

Cited 1 times | Published

be admissible over objection in civil actions." § 120.57(1)(c), Fla. Stat. (2003). See The Florida Bar

Fec v. Florida Educ. Ass'n

909 So. 2d 383, 2005 WL 1832770

District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 1199602

Cited 1 times | Published

the underlying administrative proceedings, see § 120.57(1)(f)6., Fla. Stat. (providing that only those

Kerper v. Department of Environmental Protection

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

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

Cited 1 times | Published

gallon drum on March 15, 2002. Kerper notes that section 120.57, Florida Statutes, allows hearsay to be admitted

Consultech of Jacksonville, Inc. v. DOH

876 So. 2d 731, 2004 WL 1562337

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 2235516

Cited 1 times | Published

terms and conditions of the RFP as required by section 120.57(3), Florida Statutes, its belated attempt to

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

finding of fact by the administrative law judge. § 120.57(1)(I), Fla. Stat. (2003). As summarized by this

Mehl v. Office of Financial Regulation

859 So. 2d 1260, 2003 WL 22768431

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1684348

Cited 1 times | Published

E. Mehl. After the 15-day period allowed by section 120.57(1)(k), Florida Statutes (2002), for filing

St. Johns County v. Department of Community Affairs

836 So. 2d 1034, 2002 WL 31875008

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1500232

Cited 1 times | Published

necessary to refer the matter to the ALJ for a section 120.57(1) formal hearing[2] to determine whether a

Lusskin v. DEPT. OF HEALTH, BD. OF MEDICINE

820 So. 2d 424, 2002 Fla. App. LEXIS 9443, 2002 WL 1430683

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 1362557

Cited 1 times | Published

license. The Board's failure to comply with section 120.57(1)(l), Florida Statutes (2001), warrants a

Bamawo v. Department of Corrections

785 So. 2d 610, 2001 Fla. App. LEXIS 5520, 2001 WL 418565

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 450121

Cited 1 times | Published

supported by competent substantial evidence. See § 120.57(1), Fla. Stat. (1999). PERC correctly upheld the

Bamawo v. Department of Corrections

785 So. 2d 610, 2001 Fla. App. LEXIS 5520, 2001 WL 418565

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 450121

Cited 1 times | Published

supported by competent substantial evidence. See § 120.57(1), Fla. Stat. (1999). PERC correctly upheld the

PALM BEACH COUNTY POLICE BENEVOLENT ASSOC., INC. v. Riviera Beach

774 So. 2d 942, 2001 Fla. App. LEXIS 88, 2001 WL 20791

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 1330726

Cited 1 times | Published

the hearing officer applied the correct law. See § 120.57(1)(l), Fla.Stat. (prescribing requirements for

Wentworth v. STATE, DEPT. OF ENV. PROTECTION

771 So. 2d 1279, 2000 WL 1744874

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 1339374

Cited 1 times | Published

conclusive because they are not challenged in Section 120.57(1) or (2) proceedings. Yet the agency's rules

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

appeal a final order imposing sanctions under section 120.57(1)(b)5., Florida Statutes (1995) (now codified

GTECH v. State Dept. of Lottery

737 So. 2d 615, 1999 WL 516154

District Court of Appeal of Florida | Filed: Jul 22, 1999 | Docket: 1709520

Cited 1 times | Published

outlined in the Administrative Procedure Act. Section 120.57(3)(d)3., Florida Statutes (Supp. 1996) provides

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

by an agency.... Unless waived by all parties, § 120.57(1) applies whenever the proceeding involves a

Wark v. Home Shopping Club, Inc.

715 So. 2d 323, 1998 WL 412645

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 1366503

Cited 1 times | Published

admissible in a civil action over objection. Section 120.57(1)(c), Florida Statutes (1997). Because these

Fabry v. DEPT. OF HEALTH AND REHABILITATIVE SERVICES

703 So. 2d 502, 1997 WL 777312

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1349149

Cited 1 times | Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1995). We affirm because

Ring Power Corp. v. Campbell

697 So. 2d 203, 1997 WL 402111

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 1776889

Cited 1 times | Published

action as to which appellants failed to seek a section 120.57 hearing or any redress under the Administrative

DAB CONSTRUCTORS v. Dept. of Transp.

656 So. 2d 940, 1995 Fla. App. LEXIS 5299, 1995 WL 296206

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 1683847

Cited 1 times | Published

basis for an administrative proceeding under section 120.57, Florida Statutes (Supp. 1994). D.A.B. then

Iazzo v. DEPT. OF PROFESSIONAL REGULATION

638 So. 2d 583, 1994 WL 267924

District Court of Appeal of Florida | Filed: Jun 20, 1994 | Docket: 1652531

Cited 1 times | Published

his request for a formal hearing pursuant to section 120.57(1), Florida Statutes (1987). Only one of the

Singer Island Civic Ass'n v. State Der

636 So. 2d 723, 1994 WL 81811

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 1361281

Cited 1 times | Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1989), in which they requested

Aj v. State, Dhrs

630 So. 2d 1187

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 418895

Cited 1 times | Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1991). After a full evidentiary

Prudential v. Dept. of Ins.

626 So. 2d 994, 1993 WL 429297

District Court of Appeal of Florida | Filed: Oct 25, 1993 | Docket: 1286168

Cited 1 times | Published

denying its application for waiver prior to the section 120.57 hearing. The second issue is whether the department

Fla. Sugar Cane League, Inc. v. SOUTH FLA. WATER MGT. DIST.

617 So. 2d 1065

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 457870

Cited 1 times | Published

petition for an administrative hearing pursuant to section 120.57, Florida Statutes (1991). We have jurisdiction

University Community Hospital v. Department of Health & Rehabilitative Services

610 So. 2d 1342, 1992 Fla. App. LEXIS 13333, 1992 WL 383046

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64693107

Cited 1 times | Published

an accurate, understanding of the facts. The section 120.57(1) evidentiary hearing before the hearing officer

Gordon v. STATE COM'N ON ETHICS

609 So. 2d 125, 1992 Fla. App. LEXIS 11761, 1992 WL 341954

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1473860

Cited 1 times | Published

support the hearing officer's findings of fact. Section 120.57(1)(b)10, Florida Statutes (1991), provides:

Southpointe Pharmacy v. DHRS

596 So. 2d 106

District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 1358580

Cited 1 times | Published

may apply incipient or developing policy in a section 120.57 administrative hearing, provided the agency

Burke v. Harbor Estates Associates, Inc.

591 So. 2d 1034, 1991 WL 279405

District Court of Appeal of Florida | Filed: Dec 26, 1991 | Docket: 165059

Cited 1 times | Published

Associates, Inc. (Harbor Estates) participated in a Section 120.57(1) proceeding for an improper purpose. The

Maddox v. DEPT. OF PRO. REGULATION

592 So. 2d 717, 1991 WL 272780

District Court of Appeal of Florida | Filed: Dec 23, 1991 | Docket: 1728176

Cited 1 times | Published

order, the Board shall act in accordance with section 120.57(1), Florida Statutes.[2] The final order is

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

590 So. 2d 484, 1991 WL 253379

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 458090

Cited 1 times | Published

contrary to the hearing officer's conclusion. Section 120.57(1)(b)10 provides, in pertinent part: The agency

Collier Dev. Corp. v. STATE DEPT. OF ENV. REG.

592 So. 2d 1107

District Court of Appeal of Florida | Filed: Oct 18, 1991 | Docket: 1429704

Cited 1 times | Published

groups petitioned for a hearing pursuant to section 120.57, Florida Statutes. The City of Naples and the

Courtenay v. DHRS

581 So. 2d 621, 1991 WL 93519

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 1283794

Cited 1 times | Published

attorney's fees and costs to Courtenay pursuant to section 120.57(1)(b)(10). Simultaneously, we remand to HRS

Palm Beach Community College v. State, Department of Administration, Division of Retirement

579 So. 2d 300, 1991 Fla. App. LEXIS 4186, 1991 WL 71553

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658623

Cited 1 times | Published

Division of Retirement for proceedings pursuant to section 120.57(2), Florida Statutes (1989). The reason for

Key Biscayne Council v. State, Department of Natural Resources

579 So. 2d 293, 1991 Fla. App. LEXIS 4187, 1991 WL 72069

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64658618

Cited 1 times | Published

requesting an administrative hearing pursuant to section 120.57(1), Florida Statutes (1987). In May, 1989,

Dept. of Professional Regulation v. Wise

575 So. 2d 713, 1991 WL 17932

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 2539751

Cited 1 times | Published

ever occurred. A hearing was held pursuant to Section 120.57(1), Florida Statutes, before a hearing officer

Beverly Enterprises-Florida, Inc. v. DHRS

573 So. 2d 19, 1990 WL 205439

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 478780

Cited 1 times | Published

may apply incipient or developing policy in a section 120.57 administrative hearing, provided the agency

Barfield v. Department of State, Division of Licensing

568 So. 2d 493, 1990 Fla. App. LEXIS 8005, 1990 WL 154754

District Court of Appeal of Florida | Filed: Oct 11, 1990 | Docket: 64653814

Cited 1 times | Published

his request for a formal hearing pursuant to section 120.57(1), Florida Statutes. The agency has now entered

University Community Hosp. v. DHRS

555 So. 2d 922, 1990 WL 2070

District Court of Appeal of Florida | Filed: Jan 12, 1990 | Docket: 1396172

Cited 1 times | Published

of Administration Hearings, and pursuant to section 120.57(1)(b)(11), a second hearing officer was assigned

North Dade Security Ltd. v. DEPT. OF ST. DIV. OF LICENSING

530 So. 2d 1040, 1988 WL 91213

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1268134

Cited 1 times | Published

years after the date of the final hearing. Section 120.57(1)(b)6, Fla. Stat. (1985) provides in part:

Tuckman v. Florida State University

530 So. 2d 1041, 49 Educ. L. Rep. 1057, 13 Fla. L. Weekly 2069, 1988 Fla. App. LEXIS 3935

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1268574

Cited 1 times | Published

conclude as a matter of law, in accordance with section 120.57(1)(b)(10), Florida Statutes, that the reassignment

Roberts v. UNEMPLOYMENT APPEALS COMM.

512 So. 2d 212, 12 Fla. L. Weekly 1341

District Court of Appeal of Florida | Filed: May 26, 1987 | Docket: 293436

Cited 1 times | Published

Commission to prepare the transcripts in question, see § 120.57(1)(b)6, Fla. Stat. (1983); Smith v. Department

Highsmith v. DEPT. OF PROF. REG.

499 So. 2d 19, 11 Fla. L. Weekly 2618

District Court of Appeal of Florida | Filed: Dec 12, 1986 | Docket: 1443331

Cited 1 times | Published

held on charges against him, as mandated by Section 120.57(2), Florida Statutes (1983). We agree and reverse

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

490 So. 2d 1318

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

Cited 1 times | Published

officer for formal proceedings pursuant to Section 120.57(1) regarding its request." On 28 June 1985

Thompson v. DEPT. OF PROFESSIONAL

488 So. 2d 103, 11 Fla. L. Weekly 937

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1287330

Cited 1 times | Published

may request an informal hearing pursuant to Section 120.57(2)... ." The election of rights form provided:

Booker Creek Preservation v. Mobil Chemical

481 So. 2d 10, 1985 Fla. App. LEXIS 16973, 10 Fla. L. Weekly 2588

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 548324

Cited 1 times | Published

petition seeking a formal hearing pursuant to § 120.57(1), Fla. Stat. for the purpose of contesting DER's

Cianbro Corp. v. Jacksonville Transp. Auth.

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

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

Cited 1 times | Published

amended petitions for formal hearings pursuant to Section 120.57(1). At the same time JTA issued the notice

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

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

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

Cited 1 times | Published

party so as to fall within the strictures of Section 120.57," and that the amended rule is therefore "contrary

Medley Investors, Ltd. v. Lewis

465 So. 2d 1305, 10 Fla. L. Weekly 680

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 1694817

Cited 1 times | Published

individuals and class representatives, filed a section 120.57(1) petition for an administrative hearing,

Tall Trees Condo. Ass'n v. Div. of Florida Land Sales and Condominiums

455 So. 2d 1101

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1316651

Cited 1 times | Published

substantial evidence on the record as required by section 120.57, Florida Statutes (1983). As a parenthetical

CITY OF DELRAY v. Dept. of Transp.

456 So. 2d 944

District Court of Appeal of Florida | Filed: Sep 17, 1984 | Docket: 1447665

Cited 1 times | Published

The city petitioned for a hearing pursuant to Section 120.57, Florida Statutes. At the hearing, the city

Friends of the Everglades v. S. FLA. REG. PL.

456 So. 2d 491

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 354228

Cited 1 times | Published

petition for a formal hearing, pursuant to Section 120.57(1), to review staff information-gathering and

Bowen v. Florida Department of Environmental Regulation

448 So. 2d 566, 1984 Fla. App. LEXIS 12541

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 64604208

Cited 1 times | Published

petition for an administrative hearing under section 120.57, Florida Statutes (1981). In June 1982, DER

Sims v. BD. OF TR. OF N. FLA. JR. COLLEGE

444 So. 2d 1115, 15 Educ. L. Rep. 1395

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 452069

Cited 1 times | Published

Sims appeals from the appellee's denial of a Section 120.57(1) formal hearing following the appellee's

Lin v. Deptartment of Professional Regulation, Board of Psychological Examiners

444 So. 2d 1105, 1984 Fla. App. LEXIS 11494

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 64602582

Cited 1 times | Published

his right to request a hearing pursuant to Section 120.-57, Florida Statutes, within 21 days of the denial

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

435 So. 2d 892

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

Cited 1 times | Published

held in accordance with the requirements of Section 120.57(1), (2), Florida Statutes. The notice further

Beheshtitabar v. Florida State Univ.

432 So. 2d 166, 11 Educ. L. Rep. 1122, 1983 Fla. App. LEXIS 19384

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 1677514

Cited 1 times | Published

that he is entitled to a hearing pursuant to Section 120.57(1), Florida Statutes (1981), because the University's

Foreman v. Columbia County School Bd.

408 So. 2d 653, 2 Educ. L. Rep. 615, 1981 Fla. App. LEXIS 22130

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 1448905

Cited 1 times | Published

Board for a hearing pursuant to Florida Statutes § 120.57 to determine whether good cause existed for the

Cohen v. DEPT. OF PRO. REG., BD. OF OPTOMETRY

407 So. 2d 621

District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 305254

Cited 1 times | Published

informal hearing he requested, pursuant to section 120.57(2), Florida Statutes (1979), concerning the

Rotstein v. DEPT. OF PROFESSIONAL & OCCUPATIONAL

397 So. 2d 305

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1706668

Cited 1 times | Published

disciplinary proceedings and appellant was granted a § 120.57, Florida Statutes, hearing. At this administrative

Rotstein v. DEPT. OF PROFESSIONAL & OCCUPATIONAL

397 So. 2d 305

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1706668

Cited 1 times | Published

disciplinary proceedings and appellant was granted a § 120.57, Florida Statutes, hearing. At this administrative

Flake v. STATE, DEPT. OF AGRICULTURE

383 So. 2d 285

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1512440

Cited 1 times | Published

either a request for a hearing pursuant to Section 120.57, the Administrative Procedure Act, nor seek

Corn v. Dept. of Legal Affairs

368 So. 2d 591

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

Cited 1 times | Published

of an evidentiary hearing in accordance with Section 120.57, Florida Statutes (1977), to be improper under

Franklin v. District Sch. Bd. of Hendry Cty.

356 So. 2d 931

District Court of Appeal of Florida | Filed: Mar 29, 1978 | Docket: 1142103

Cited 1 times | Published

School expulsion proceedings are governed by Section 120.57, Florida Statutes (1975). See Section 230.23(6)(c)

Carr v. Department of Health, Board of Nursing

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

Published

Carr’s petition for a formal hearing under section 120.57, Florida Statutes. See § 120.68(6)(a)1., Fla

ADN Global, LLC v. Florida Department of Revenue

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70739443

Published

proceedings, to formal or informal proceedings under Section 120.57.” Henry v. State Dept. of Admin., Div. of Retirement

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

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

Published

form the basis for agency action against ECS. See § 120.57(1)(e), (2)(b), Fla. Stat. REVERSED and REMANDED

Smith v. the School Board of Hillsborough County, Florida

District Court of Appeal of Florida | Filed: May 21, 2025 | Docket: 70327629

Published

employee is entitled to a formal hearing under section 120.57(1)[, Florida Statutes (2013),] if material

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

dismissal of a petition for a hearing under section 120.57, Florida Statutes (2023), “an agency must accept

Douglas Underhill v. State of Florida, Commission on Ethics

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674146

Published

should be on record review and particularity. Cf. § 120.57(1)(l), Fla. Stat. (stating that an “agency may

Department of Health v. Chun

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

Published

57(1), Florida Statutes. When proceeding under section 120.57(1), “[a]ll parties shall have an opportunity

Daphne Campbell v. Florida Commission on Ethics

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69392831

Published

appointment of an administrative law judge.”). Under section 120.57(1), Florida Statutes, a party subject to an

Doster v. Hand Arendall Harrison Sale LLC

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151380

Published

citations to the record, in accordance with section 120.57(1)(k), Florida Statutes, and rule 28-106.217(1)

LIGHTSEY CATTLE COMPANY v. FLORIDA FISH AND WILDLIFE CONSERVATIVE COMMISSION

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

Published

sections provide for two types of hearings. Section 120.57(1) applies whenever a proceeding involves

Sergio Arturo Alvarez, M.D. v. State of Florida, Department of Health, Board of Medicine

District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886313

Published

determinations); see also § 120.68(7),(8), Fla. Stat. (2022); § 120.57(1)(c), Fla. Stat. (2022).

Michael Weisser v. Florida Department of Health, Office of Medical Marijuana Use, McCrory's Sunny Hill Nursery, LLC

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848307

Published

of sufficient immediacy to entitle him to a section 120.57 hearing, and 2) that his substantial injury

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553255

Published

a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. The Department initially

Stephen Starr v. The School District of Palm Beach County Public Schools, etc.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68107523

Published

her substantial interests for purposes of section 120.57)) (additional citations omitted); Jones v.

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

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

Published

in compliance with his statutory duty under section 120.57(1)(k), Florida Statutes.

WELLSPRINGS RESIDENCE, LLC v. STATE OF FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Feb 16, 2024 | Docket: 68161985

Published

adopting the recommended order of an ALJ. See § 120.57(1)(l), Fla. Stat. (2022). It may not, however

Osvaldo Rodriguez v. Department of Business and Professional Regulation, Electrical Contractors' Licensing Board

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165154

Published

may proceed with an informal hearing under section 120.57(2), Florida Statutes.”). Rodriguez nevertheless

J. J. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Dec 27, 2023 | Docket: 68117314

Published

comply with essential requirements of law." § 120.57(1)(l), Fla. Stat. (2022). Indeed,

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

68. That is to say, C&S had a right to a section 120.57 proceeding to make its arguments and a record

MIAMI DADE COLLEGE v. NADER+MUSEU I, LLLP

District Court of Appeal of Florida | Filed: Oct 18, 2023 | Docket: 67891579

Published

Administrative Hearings (“DOAH”) pursuant to section 120.57(3), Florida Statutes. In 2018, the administrative

RAYMOND ADDERLEY v. DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT and MAKEBA DISHAYE GASH

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718524

Published

preserve all testimony in the proceeding[.]” See § 120.57(1)(g), Fla. Stat. (2022). We therefore reverse

Duke Energy Florida, LLC v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Jul 7, 2022 | Docket: 63575520

Published

the recommended order.” § 120.57(1)(k), Fla. Stat. (2021). Section 120.57(1)(k) also required the Commission’s

MARSH USA, INC. v. ARTHUR J. GALLAGHER RISK MANAGMENT SERVICES, INC., etc., and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008220

Published

has waived its right to pursue this appeal. See § 120.57(3)(b), Fla. Stat. (2021) (“[T]he notice of protest

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

§ 120.569(2)(b), Fla. Stat. (2016). Section 120.57(2) requires “reasonable notice to affected

JENNIFER GARCIA v. AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677204

Published

not supported by competent substantial evidence. § 120.57(1)(l), Fla. Stat. (2019); Yerks v. Sch. Bd. of

M.A.J. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida | Filed: Sep 2, 2021 | Docket: 60334862

Published

Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes (2020), as required by

Brandon L. Eady v. State of Florida, Agency For Health Care Administration

District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16189565

Published

a “preponderance of the evidence” found in section 120.57(1)(j), Florida Statutes—an unmistakable nod

John Gray v. Agency for Health Care Administration

District Court of Appeal of Florida | Filed: Sep 3, 2019 | Docket: 16145810

Published

under Florida’s Administrative Procedure Act. Section 120.57(1)(j), Florida Statutes (2016), provides that

John Gray v. Agency for Health Care Administration

District Court of Appeal of Florida | Filed: Sep 3, 2019 | Docket: 16145810

Published

under Florida’s Administrative Procedure Act. Section 120.57(1)(j), Florida Statutes (2016), provides that

Heritage Oaks, LLP v. Madison Pointe, LLC, American Residential, and Florida Housing Finance Corporation, etc.

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916400

Published

petition for formal administrative hearing under section 120.57(3), Florida Statutes, to challenge Florida

Leonardo Lynch v. Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892180

Published

agency action until after a proceeding under section 120.57, Florida Statutes. See Capeletti Bros., Inc

MYRDALIS DIAZ-RAMIREZ, M. D. v. DEPT. OF HEALTH, BOARD OF MEDICINE

275 So. 3d 799

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875045

Published

Diaz-Ramirez argues that the Board violated section 120.57(1)(l), Florida Statutes (2018), by making the

MILA ALF, LLC d/b/a Dixie Lodge Assisted Living Facility v. State of Florida, Agency For Health Care Administration

273 So. 3d 272

District Court of Appeal of Florida | Filed: May 30, 2019 | Docket: 15696097

Published

Division of Administrative Hearings in violation of § 120.57(1)(l), Florida Statutes (2015). We affirm AHCA’s

Loren D. King, II v. Department of Health

272 So. 3d 803

District Court of Appeal of Florida | Filed: May 6, 2019 | Docket: 15059371

Published

administrative complaint conducted pursuant to section 120.57(2), Florida Statutes, stating that he did not

Asphalt Paving Systems, Inc. v. Anderson Columbia and State of Florida, Department of Transportation

264 So. 3d 1110

District Court of Appeal of Florida | Filed: Feb 18, 2019 | Docket: 14556847

Published

entitled it to a formal hearing pursuant to section 120.57(1), Florida Statutes. We agree and reverse

Kanter Real Estate, LLC v. Department of Environmental Protection, City of Miramar, and Broward County, Florida

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534776

Published

Analysis Section 120.57(1)(l), Florida Statutes, authorizes an agency

JOSEPH FOX v. DEPARTMENT OF CHILDREN AND FAMILIES

262 So. 3d 782

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431896

Published

not supported by competent substantial evidence. § 120.57(1)(l), Fla. Stat. (2016); Yerks v. Sch. Bd. of

Margo Dettelbach v. Department of Business and Professional Regulation

261 So. 3d 676

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379111

Published

Statutes, is not subject to the requirements of section 120.57, Florida Statutes—which governs adversarial

Sch. Bd. of Broward Cnty. v. C.B.

315 F. Supp. 3d 1312

District Court, S.D. Florida | Filed: Jul 9, 2018 | Docket: 64319124

Published

Friends of Nassau Cty involved a matter under Fla. Stat. 120.57, and A.L. specifically held that IDEA due

ADENIKE ADEBIYI v. DEPARTMENT OF HEALTH

244 So. 3d 335

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144575

Published

formal hearing should have been convened. See § 120.57(1), Fla. Stat. (2017); DeRosa v. State, Dep’t

Antony Lee Turbeville v. Department of Financial Services

248 So. 3d 194

District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384507

Published

Statutes. An informal hearing was held pursuant to section 120.57(2), Florida Statutes, as Appellant conceded

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

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

Published

issues of material fact, the provisions of section 120.57(2) (governing informal administrative proceedings)

S. J. v. Malcolm Thomas

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

Published

Administrative Procedure Act (the APA), in section 120.57(7), Florida Statutes (2015), in an administrative

Sarasota County Public Hospital District v. Florida Agency for Health Care Administration

230 So. 3d 973

District Court of Appeal of Florida | Filed: Nov 30, 2017 | Docket: 60294209

Published

sought administrative hearings ■ pursuant to section 120.57(1), Florida Statutes (2016), after the Agency

Viera Hospital, Inc. v. Agency For Health Care Administration

230 So. 3d 973

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6233556

Published

sought administrative hearings pursuant to section 120.57(1), Florida Statutes (2016), after the Agency

SCF, Inc. v. Florida Thoroughbred Breeders' Association, Inc. etc.

227 So. 3d 770, 2017 WL 4583022

District Court of Appeal of Florida | Filed: Oct 16, 2017 | Docket: 6182884

Published

of sufficient immediacy to entitle it to a section 120,57 hearing; and 2) does the party have a substantial

Gerardo Castiello v. Florida Division of Administrative etc.

229 So. 3d 861

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6182903

Published

judge in his two pending administrative cases—a section 120.57(1), Florida Statutes, case and an unadopted

Hernandez v. Dept. of Revenue

230 So. 3d 514

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167430

Published

based on a preponderance of the evidence. See § 120.57(1)©, Fla. Stat. (2016). A preponderance of the

Hamilton Downs Horsetrack, LLC v. State, Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

226 So. 3d 1046, 2017 Fla. App. LEXIS 12714, 2017 WL 3864050

District Court of Appeal of Florida | Filed: Sep 5, 2017 | Docket: 6147631

Published

Downs. This appeal followed. II. Section 120.57(1)((), Florida Statutes, provides that the

Brownsville Manor, LP v. Redding Development Partners, LLC.

224 So. 3d 891, 2017 WL 3584751, 2017 Fla. App. LEXIS 11944

District Court of Appeal of Florida | Filed: Aug 21, 2017 | Docket: 6144160

Published

Proposal for the purposes of a bid protest under section 120.57(3). See Fla. Admin. Code R. 67-60.009(4).

Brownsville Manor, LP v. Redding Development Partners, LLC.

224 So. 3d 891, 2017 WL 3584751, 2017 Fla. App. LEXIS 11944

District Court of Appeal of Florida | Filed: Aug 21, 2017 | Docket: 6144160

Published

Proposal for the purposes of a bid protest under section 120.57(3). See Fla. Admin. Code R. 67-60.009(4).

Garrison v. Department of Health, Board of Nursing

220 So. 3d 1278, 2017 WL 2730091, 2017 Fla. App. LEXIS 9124

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6082871

Published

reprimand following an informal hearing pursuant to section 120.57(2), Florida Statutes (2015). We affirm.

Harbour Pointe of Perdido Key Condominium Ass'n v. Henkel

216 So. 3d 753, 2017 WL 1372669, 2017 Fla. App. LEXIS 5198

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265478

Published

not based upon competent substantial evidence.” § 120.57(1)(Z), Fla. Stat. . The Commission's decision

West Flagler Associates, Ltd. v. Florida Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

216 So. 3d 692, 2017 WL 1239876, 2017 Fla. App. LEXIS 4567

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668606

Published

informal administrative hearing pursuant to section 120.57(2), Florida Statutes. In its petition, it argued

Marion County v. Department of Juvenile Justice

215 So. 3d 621

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668584

Published

fundamental fairness and the requirements of section 120.57, Florida Stab utes. They also argued the Department’s

Citizens of the State of Florida v. Art Graham, etc.

213 So. 3d 703, 42 Fla. L. Weekly Supp. 312, 2017 WL 1021849, 2017 Fla. LEXIS 585

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618312

Published

be set aside when insufficiently explained: Section 120.57 requires agency explanation of its discretionary

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

remand for an administrative hearing pursuant to section 120.57, Florida Statutes (2016). The FHFC is the state

Madison Highlands v. Florida Housing

220 So. 3d 467

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613137

Published

remand for an administrative hearing pursuant to section 120.57, Florida Statutes (2016). The FHFC

Friedman v. Mercantil Commercebank, N.A.

211 So. 3d 310, 2017 WL 621228, 2017 Fla. App. LEXIS 2032

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585361

Published

(Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes (1991) require the

Barror v. Department of Financial Services

204 So. 3d 597, 2016 Fla. App. LEXIS 17890

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 63630647

Published

material fact entitling him to a hearing under section 120.57(1), Florida Statutes (2015). *598Based on the

Barror v. Dept. of Financial Services

District Court of Appeal of Florida | Filed: Nov 28, 2016 | Docket: 4550623

Published

material fact entitling him to a hearing under section 120.57(1), Florida Statutes (2015). Based on the

Bright House Networks v. AT & T Corp.

205 So. 3d 837, 2016 Fla. App. LEXIS 17372

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4544032

Published

the bidding process itself, specifically that section 120.57, Florida Statutes (2015), does not permit a

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

to commence informal proceedings pursuant to Section 120.57(2), F.S....

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

”) (internal quotations omitted). Under section 120.57(1)(Z), Florida Statutes (2015), after the ALJ

Osakatukei O. Omulepu, M.D. v. State of Florida Department of Health

198 So. 3d 1046, 2016 Fla. App. LEXIS 12300, 2016 WL 4362407

District Court of Appeal of Florida | Filed: Aug 16, 2016 | Docket: 4120624

Published

the factual basis of the complaint through a section 120.57(1) hearing”). ■ Here, the Department alleged

Smith v. Department of Children & Families

188 So. 3d 81, 2016 Fla. App. LEXIS 4888, 2016 WL 1239621

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 60254351

Published

the Department’s final order comports with section 120.57(1)(Z) of the Florida Statutes, and whether

Smith v. Dept. of Children and Families

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049127

Published

the Department’s final order comports with section 120.57(1)(l) of the Florida Statutes, and whether

Thomas Saunders v. Florida Dept. of Children and Families

185 So. 3d 1298, 2016 WL 764718

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

Published

Saunders was authorized to bring an action under section 120.57(l)(e). The hearing officer’s conclusion that

Smith v. Florida Department of Business & Professional Regulation

182 So. 3d 767, 2015 Fla. App. LEXIS 19490, 2015 WL 9584861

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252815

Published

license for five years. In proceedings under Section 120.57(2),■ Florida Statutes* (2013), the Commission

Department of Revenue v. Reyes

181 So. 3d 1270, 2015 Fla. App. LEXIS 19494, 2015 WL 9584862

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252544

Published

evidence of-record and matters officially recognized, § 120.57(1)(j). Consistent with this mandate, the ALJ’s

Baker County Medical Services, Inc. etc. v. State of Florida, Agency for Health etc.

178 So. 3d 71

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991562

Published

408.15(2) & (3), Fla. Stat.; see also § 120.57(4), Fla. Stat. (“Informal disposition. — Unless

John Derosa and A Maples Insurance Agency v. State of Florida, Department of Financial Services

175 So. 3d 946, 2015 Fla. App. LEXIS 15232, 2015 WL 5965391

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919778

Published

license after an informal proceeding pursuant to section 120.57(2), Florida Statutes. The department agrees

Gootee & Gootee v. School Board Pf Monroes County

201 So. 3d 115, 2015 Fla. App. LEXIS 14016

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851136

Published

rules is not confined by any such presumption. Section 120.57(1)(l), Florida Statutes (2014), sets forth

North Broward Hospital v. State, Agency for Health Care Administration

171 So. 3d 223, 2015 WL 4709138

District Court of Appeal of Florida | Filed: Aug 7, 2015 | Docket: 60249697

Published

Health Care Administration (Agency) entered in section 120.57(1) proceedings, after an Administrative Law

South Florida Racing Ass'n v. State, Department of Business & Professional Regulation

201 So. 3d 57, 2015 Fla. App. LEXIS 11334

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679127

Published

an informal administrative proceeding under section 120.57(4) of the Florida Statutes (2013). After a

Quiller v. Duval County School Board

171 So. 3d 745, 2015 Fla. App. LEXIS 10701, 2015 WL 4256734

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 60249830

Published

final order terminating the Appellant. Under section 120.57(1)(l), the School Board could reject the ALJ’s

Florida Department of Children & Families v. Davis Family Day Care Home

160 So. 3d 854, 40 Fla. L. Weekly Supp. 169, 2015 Fla. LEXIS 578, 2015 WL 1379920

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 60246933

Published

governing its existing license. As authorized by section 120.57(1), Florida Statutes, the day care petitioned

Jamie Deroin, D.V.M. v. State of Florida, Department of Business and Professional Regulation, Board of Veterinary Medicine

160 So. 3d 516, 2015 Fla. App. LEXIS 4275, 2015 WL 1334301

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679441

Published

a formal administrative hearing pursuant to section 120.57(1), Florida Statutes (2012), alleging that

Palm Construction Company of West Florida v. Department of Financial Services, Division etc.

153 So. 3d 948, 2014 WL 6851419

District Court of Appeal of Florida | Filed: Dec 4, 2014 | Docket: 2611962

Published

of the case to the Department. See § 120.57(l)(i), Fla. Stat. Appellant’s subsequent emergency

All Saints Early Learning & Community Care Center, Inc. v. Department of Children & Families

145 So. 3d 974, 2014 Fla. App. LEXIS 13389, 2014 WL 4242806

District Court of Appeal of Florida | Filed: Aug 28, 2014 | Docket: 60242792

Published

administrative proceedings were conducted under section 120.57(2), governing procedures for hearings not involving

Borges v. Department of Health

143 So. 3d 1185, 2014 WL 3930945, 2014 Fla. App. LEXIS 12442

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 932331

Published

conclusions of law, and recommended disposition.” § 120.57, Fla. Stat. (2008); see also Fla. Admin

Nora Bloxom-Williams v. Florida Public Employees Council 79

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 736126

Published

after an administrative hearing pursuant to section 120.57, Florida Statutes. §§ 447.501, 447.503, Fla

Padron v. State, Department of Environmental Protection

143 So. 3d 1037, 2014 WL 3610922, 2014 Fla. App. LEXIS 11194

District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 433199

Published

competent, substantial evidence. See § 120.57(1X0, Fla. Stat. (2013) (“The [administrative]

Bloxom-Williams v. Florida Public Employees Council 79, American Federation of Sate, County & Municipal Employees

141 So. 3d 782, 2014 WL 3510699, 2014 Fla. App. LEXIS 10946

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 60242036

Published

after an administrative hearing pursuant to section 120.57, Florida Statutes. §§ 447.501, 447.503, Fla

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

the state.” § 120.68(3), Fla. Stat. (2013). Section 120.57(1) controls proceedings involving a disputed

Trisha's One Stop, Inc. v. Office of Financial Regulation

130 So. 3d 285, 2014 WL 304941, 2014 Fla. App. LEXIS 1013

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60237710

Published

did not require the Department to convene a section 120.57(1) hearing “in such circumstances” — i.e.,

Florida Parole Commission v. Robert Taylor

132 So. 3d 780, 39 Fla. L. Weekly Supp. 42, 2014 WL 241906, 2014 Fla. LEXIS 204

Supreme Court of Florida | Filed: Jan 23, 2014 | Docket: 694386

Published

“stating with particularity” — as required by section 120.57(l)(i), Florida Statutes (2010) — its reason

Castellon v. Florida Department of Health

130 So. 3d 748, 2014 WL 228707, 2014 Fla. App. LEXIS 615

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60237870

Published

Castellón elected an informal hearing under section 120.57(2), Florida Statutes (2012), only available

Viering v. Florida Commission on Human Relations ex rel. Watson

128 So. 3d 967, 2013 WL 6865406, 2013 Fla. App. LEXIS 20732

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237246

Published

not comply with essential requirements of law.” § 120.57(1)((), Fla. Stat. (2012). *969Its unwarranted

Bridlewood Group Home v. Agency for Persons with Disabilities

136 So. 3d 652, 2013 WL 6691154, 2013 Fla. App. LEXIS 20108

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60240052

Published

instructions. VILLANTI and BLACK, JJ., Concur. . Section 120.57(l)(k), Florida Statutes (2010), provides that

CBS Outdoor Inc. v. Florida Department of Transportation

124 So. 3d 383, 2013 WL 5744443, 2013 Fla. App. LEXIS 16981

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235470

Published

Appellants sought an administrative hearing pursuant to § 120.57, Florida Statutes, to review FDOT’s denial of

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

on her Amended Petition in accordance with section 120.57(l)(a), Florida Statutes (2012). REVERSED and

N.S. v. Department of Children & Families

119 So. 3d 558, 2013 WL 4605542, 2013 Fla. App. LEXIS 13931

District Court of Appeal of Florida | Filed: Aug 26, 2013 | Docket: 60233671

Published

the recovery of attorney’s fees pursuant to section 120.57(l)(b) in hospital’s suit against the state)

Sanders v. Department of Children & Families

118 So. 3d 899, 2013 WL 3770841, 2013 Fla. App. LEXIS 11462

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60233469

Published

the notice, requested a hearing pursuant to section 120.57(2), Florida Statutes, and participated in the

Davis Family Day Care Home v. Department of Children & Family Services

117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232682

Published

DCF’s proposed denials. See § 402.10(2); see also § 120.57(1). Following a full administrative hearing, the

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

” Partners subsequently filed, pursuant to section 120.57(2), Florida Statutes, ninety-six petitions

Viering v. Florida Commission on Human Relations ex rel. Watson

109 So. 3d 296, 2013 WL 811824, 2013 Fla. App. LEXIS 3501

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229546

Published

violated a cardinal tenet of administrative law. See § 120.57(1)((), Fla. Stat. (2008). In contending its determination

Evidence-Based Associates v. State, Department of Juvenile Justice

107 So. 3d 1252, 2013 WL 781912, 2013 Fla. App. LEXIS 3337

District Court of Appeal of Florida | Filed: Mar 4, 2013 | Docket: 60228622

Published

fails to satisfy the statutory standard of Section 120.57(3)(c), Florida Statutes. See Cimbro Corp. v

Evidence-Based Associates v. State, Department of Juvenile Justice

107 So. 3d 1252, 2013 WL 781912, 2013 Fla. App. LEXIS 3337

District Court of Appeal of Florida | Filed: Mar 4, 2013 | Docket: 60228622

Published

fails to satisfy the statutory standard of Section 120.57(3)(c), Florida Statutes. See Cimbro Corp. v

A.G.Q. ex rel. M.Q. v. Agency for Persons with Disabilities

105 So. 3d 1277

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60227786

Published

justification for doing so, as required by section 120.57(1)(Z), Florida Statutes. Accordingly, we reverse

Florida Board of Professional Engineers v. Rickett

134 So. 3d 1010, 2012 WL 3870621, 2012 Fla. App. LEXIS 14970

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60238991

Published

application of the rule is a proceeding under section 120.57, Florida Statutes), or on Respondent’s allegations

Peace River Distributing, Inc. v. Florida Unemployment Appeals Commission

80 So. 3d 461, 2012 Fla. App. LEXIS 3322, 2012 WL 669846

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 2415598

Published

substitute its own correct conclusion of law. See § 120.57(1)(l), Fla. Stat (2010) ("The agency in its final

Avalons Assisted Living, LLC v. Agency for Health Care Administration

80 So. 3d 347, 2011 Fla. App. LEXIS 19059, 2011 WL 5965809

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2411786

Published

Agency's conclusion that these claims were proven. § 120.57(1)(c), Fla. Stat. (2009) ("Hearsay evidence may

Criollo v. Department of Business & Professional Regulation

73 So. 3d 339, 2011 Fla. App. LEXIS 17242, 2011 WL 5120223

District Court of Appeal of Florida | Filed: Oct 31, 2011 | Docket: 60303375

Published

reasons for increasing the penalty as required by section 120.57(1)(l), Florida Statutes (2010). See Shah v

Criollo v. Department of Business & Professional Regulation

73 So. 3d 339, 2011 Fla. App. LEXIS 17242, 2011 WL 5120223

District Court of Appeal of Florida | Filed: Oct 31, 2011 | Docket: 60303375

Published

reasons for increasing the penalty as required by section 120.57(1)(l), Florida Statutes (2010). See Shah v

940 LINCOLN ROAD ENTERPRISES v. Hernandez

67 So. 3d 1192, 2011 Fla. App. LEXIS 13340, 2011 WL 3687402

District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 2361413

Published

FUAC. As it is statutorily authorized to do, see § 120.57(1)(l), Fla. Stat. (2009), FUAC adopted the referee's

Miami-Dade County v. Department of Community Affairs

54 So. 3d 633, 2011 Fla. App. LEXIS 2512, 2011 WL 680346

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 60298361

Published

in accordance with section 120.57(l)(k), Florida Statutes. Pursuant to section 120.57(l)(i), Florida Statutes

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

of sufficient immediacy to entitle him to a section 120.57 hearing, and 2) that his substantial injury

Green v. DEPT. OF BUS. & PROF'L REGULATION

49 So. 3d 315

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2398712

Published

such data in the work file for five years. Section 120.57(1)(l), Florida Statutes, provides that the

Office of Insurance Regulation v. Service Insurance Co.

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

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

Published

arbitration in lieu of a hearing pursuant to section 120.57, Florida Statutes, for the resolution of issues

Bagloo v. Agency for Health Care Administration

44 So. 3d 1218, 2010 Fla. App. LEXIS 14533, 2010 WL 3783709

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295552

Published

essential requirements of law. This was error. See § 120.57(l)(i), Fla. Stat. (2009). AHCA also modified a

Moffat v. Florida Unemployment Appeals Commission

33 So. 3d 694, 2010 Fla. App. LEXIS 2079, 2010 WL 624180

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1649262

Published

finding in an unemployment compensation proceeding. § 120.57(l)(c), Fla. Stat. (2008). In administrative proceedings

Value Adjustment Board of Bay County v. Spitzer

27 So. 3d 116, 2009 Fla. App. LEXIS 20522

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 60288081

Published

included language to that effect. It did not. Cf, § 120.57(1)«), Fla. Stat. The court should not assume that

VALUE ADJUSTMENT BD. OF BAY CTY. v. Spitzer

27 So. 3d 116

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1665241

Published

included language to that effect. It did not. Cf., § 120.57(1)(l), Fla. Stat. The court should not assume

Diaz v. State, Department of Business & Professional Regulation

21 So. 3d 919, 2009 Fla. App. LEXIS 17353, 2009 WL 3837011

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1655796

Published

was granted an informal hearing pursuant to section 120.57(2), Florida Statutes (2008). On May 21, 2008

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

27 So. 3d 73, 2009 Fla. App. LEXIS 15575, 2009 WL 3278095

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1664747

Published

hold an administrative hearing pursuant to section 120.57, Florida Statutes (2006). The dispute underlying

Borakove v. Florida Unemployment Appeals Commission

14 So. 3d 249, 2009 Fla. App. LEXIS 9129, 2009 WL 1940705

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 60241302

Published

evidence in the record supports the finding(s). See § 120.57(1)((), Fla. Stat. (2008); Smith v. Krugman-Kadi

First Quality Home Care, Inc. v. Alliance for Aging, Inc.

14 So. 3d 1149, 2009 Fla. App. LEXIS 7605, 2009 WL 1675839

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1160988

Published

the bid protest procedures were governed by section 120.57(3), Florida Statutes. The Fourth District held

Cambas v. Department of Business & Professional Regulation

6 So. 3d 668, 2009 Fla. App. LEXIS 2251, 2009 WL 631978

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 1215424

Published

and requested a formal hearing, pursuant to section 120.57(1), Florida Statutes (2002). In his request

Toirac v. Department of Business & Professional Regulation, Division of Real Estate

2 So. 3d 1035, 2009 Fla. App. LEXIS 201, 2009 WL 77993

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 1139209

Published

Because the Commission failed to comply with section 120.57(1)(l), Florida Statutes, when it increased

W.M. v. State

992 So. 2d 383, 2008 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 64855800

Published

was amended to provide that the mandates of section 120.57 must be followed in hearings for continued

WM v. State

992 So. 2d 383, 2008 WL 4525772

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 1391387

Published

was amended to provide that the mandates of section 120.57 must be followed in hearings for continued

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

for Formal Administrative Hearing Pursuant to Section 120.57, Florida Statutes (2007), to challenge the

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

seeking a formal administrative hearing under section 120.57(1), Florida Statutes (2005). Because we conclude

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

despite receiving short, but adequate notice. Section 120.57(2), Florida Statutes (2007), requires reasonable

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

governed by section 120.57 because it involved disputed issues of material fact. Section 120.57(1)(j) states:

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

preliminary agency action that is not reviewable in a section 120.57 hearing. We agree with this contention and

Taylor v. Department of Business & Professional Regulation, Division of Real Estate

975 So. 2d 626, 2008 Fla. App. LEXIS 3022, 2008 WL 583697

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 64853966

Published

suspension, followed by three years of probation. Section 120.57(1)(l), Florida Statutes (2005), sets out the

Costin v. FAMU BD. OF TRUSTEES

972 So. 2d 1084, 2008 WL 194934

District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 1650521

Published

Administrative Code. See Fla. Admin. Code R. 6C3-10.232(3); § 120.57(j), Fla. Stat. (2006); Allen v. School Bd. of

K.J.S. v. Department of Children & Family Services

974 So. 2d 1106, 2007 Fla. App. LEXIS 20681, 2007 WL 4561532

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 64853929

Published

Inc., 495 So.2d 790, 793 (Fla. 1st DCA 1986). Section 120.57(l)(i), Florida Statutes (2005), provides that

Florida Department of Financial Services v. Capital Collateral Regional Counsel-Middle Region

969 So. 2d 527, 2007 Fla. App. LEXIS 18685, 2007 WL 4145459

District Court of Appeal of Florida | Filed: Nov 26, 2007 | Docket: 64853147

Published

proceedings, to formal or informal proceedings under Section 120.57”). An investigator’s recommendation that has

Eyemed Vision Care, LLC v. State, Department of Management Services

964 So. 2d 201, 2007 Fla. App. LEXIS 13235, 2007 WL 2402633

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 64852135

Published

protests of the proposed award pursuant to section 120.57(3), Florida Statutes (2006), and those protests

Johnson v. Department of Management Services, Division of Retirement

962 So. 2d 1038, 2007 Fla. App. LEXIS 12626, 2007 WL 2301341

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 64851830

Published

substantial evidence to support such finding. See § 120.57(1)(l). “When an agency’s construction of a statute

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

long ago observed, the legislative purpose of section 120.57 is “to avoid any appearance of requiring a

Rupp v. Department of Health

963 So. 2d 790, 2007 Fla. App. LEXIS 10978, 2007 WL 2043453

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 64852011

Published

its own admission, it did not do. Pursuant to section 120.57, Florida Statutes (2006), the Board of Medicine

Board of Commissioners v. Thibadeau

956 So. 2d 529, 2007 Fla. App. LEXIS 7485, 2007 WL 1427461

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 64850679

Published

whether the dock met the criteria for an NGP. See § 120.57, Fla. Stat. (2006). JID further argued that the

Myers v. Florida Civil Commitment Center

953 So. 2d 726, 2007 Fla. App. LEXIS 5185, 2007 WL 1037582

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 64850093

Published

time to respond to the motion had lapsed. See § 120.57(l)(b), Fla. Stat. (2005) (“All parties shall have

Stokes v. State

952 So. 2d 1224, 2007 WL 935035

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1345952

Published

reverse. The Board's attention is directed to section 120.57(1)(l), Florida Statutes (2005), contained within

P.J.S. v. School Board of Citrus County

951 So. 2d 53, 2007 Fla. App. LEXIS 3444, 2007 WL 700959

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 64849692

Published

under section 120.57, Florida Statutes. The action below was not a proceeding under section 120.57. It

Potiris v. Department of Community Affairs

947 So. 2d 598, 2007 Fla. App. LEXIS 34, 32 Fla. L. Weekly Fed. D 172

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848707

Published

consistency of the comprehensive plan amendment in a section 120.57 administrative hearing. § 163.3184(9), Fla

Zimmerman v. State, Office of Insurance Regulation

944 So. 2d 1163, 2006 Fla. App. LEXIS 20785

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 64848322

Published

right to request a formal hearing pursuant to section 120.57(1), Florida Statutes, or alternatively, to

Young v. Palm Beach County School Board

968 So. 2d 38, 2006 Fla. App. LEXIS 19965, 2006 WL 3422088

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1496970

Published

of CTAS approved by the DOE in 1999. [2] See § 120.57 Fla. Stat. (2005).

Elder v. State, Construction Industry Licensing Board

937 So. 2d 1172, 2006 Fla. App. LEXIS 14819, 2006 WL 2527190

District Court of Appeal of Florida | Filed: Sep 5, 2006 | Docket: 64846870

Published

also requested a formal hearing pursuant to section 120.57(1), Florida Statutes (2003). On November 19

Baker v. Florida Department of Agriculture & Consumer Services

937 So. 2d 1161, 2006 Fla. App. LEXIS 14668, 2006 WL 2519564

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 64846868

Published

Baker requested a formal hearing pursuant to section 120.57, Florida Statutes, and the case was referred

Aldana-Chiles v. Florida Unemployment Appeals Comm'n

930 So. 2d 808, 2006 Fla. App. LEXIS 8533, 2006 WL 1479598

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64845211

Published

decision, and Chiles now seeks redress here. Section 120.57(1)(Z), Florida Statutes (2004) states, in pertinent

Castillo v. State Construction Industry Licensing Board

929 So. 2d 618, 2006 Fla. App. LEXIS 7070, 2006 WL 1331481

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844702

Published

petition for an evidentiary hearing pursuant to section 120.57(1), Florida Statutes (2005). Accordingly we

Department of Health v. Williams

927 So. 2d 1028, 2006 Fla. App. LEXIS 6693, 2006 WL 1168838

District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 64844485

Published

of fact and conclusions of law pursuant to section 120.57(l)(k). WEBSTER, DAVIS, and LEWIS, JJ., Concur

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

Administrative Hearings (DOAH) pursuant to section 120.57(1), Florida Statutes (2005), instead of an

Fuller v. Department of Education

927 So. 2d 28, 179 L.R.R.M. (BNA) 2426, 2006 Fla. App. LEXIS 4323, 2006 WL 756081

District Court of Appeal of Florida | Filed: Mar 27, 2006 | Docket: 64844189

Published

supervisory; and (2) whether the Department violated section 120.57(l)(i), Florida Statutes (2003), by modifying

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

(2)(a), Fla. Stat. (2003) (emphasis added). Section 120.57(2)(a) of the Florida Statutes provides: 120

Florida Parole Commission v. Chapman

919 So. 2d 689, 2006 Fla. App. LEXIS 1165, 2006 WL 229552

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 64842080

Published

date. He claimed that the Commission violated section 120.57(1)(Z ) of the Florida Administrative Procedure

Jain v. Florida Agricultural & Mechanical University

914 So. 2d 998, 2005 Fla. App. LEXIS 16636, 2005 WL 2662543

District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 64840937

Published

administrative proceeding, was governed by section 120.57. Thus, FAMU did not assert that Jain’s motion

Gopman v. Department of Education

908 So. 2d 1118, 2005 Fla. App. LEXIS 11567

District Court of Appeal of Florida | Filed: Jul 25, 2005 | Docket: 64840011

Published

order denying eligibility, and remand for a section 120.57 hearing. But we affirm (on grounds that differ

Shimkus v. Department of Business & Professional Regulation, Construction Industry Licensing Board

906 So. 2d 1196, 2005 Fla. App. LEXIS 11056, 2005 WL 1682427

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839625

Published

adequate remedy. (Emphasis added). Further, section 120.57(l)(k) provides that the ALJ shall submit to

Trevisani v. Department of Health

908 So. 2d 1108, 2005 Fla. App. LEXIS 11062, 30 Fla. L. Weekly Fed. D 1719

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64840009

Published

more reasonable, which, *1110in fact, it did. See § 120.57(1)©, Fla. Stat. It explained that nothing was

His Kids Daycare v. Florida Unemployment Appeals Commission

904 So. 2d 477, 2005 Fla. App. LEXIS 6602, 2005 WL 1036682

District Court of Appeal of Florida | Filed: May 5, 2005 | Docket: 64839034

Published

agency cannot circumvent the requirements of [section 120.57(Z), Florida Statutes,] by characterizing findings

State, Department of Transportation v. Rosier Construction Co.

899 So. 2d 1187, 2005 WL 856033

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 64837828

Published

illegal, arbitrary, dishonest, or fraudulent,” § 120.57(3)(f), Fla. Stat. (2004), and enters a recommended

Ago

Florida Attorney General Reports | Filed: Mar 3, 2005 | Docket: 3258109

Published

gives notice and opportunity to petition for a Section 120.57, F.S., administrative hearing. A copy of the

Toth v. South Florida Water Management District

895 So. 2d 482, 2005 Fla. App. LEXIS 1323, 2005 WL 293025

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64836439

Published

must have been determined. § 120.52(12)(a) and § 120.57(l)(e)l, Fla. Stat. (2003). The District dismissed

Helicopter Applicators, Inc. v. South Florida Water Management District

892 So. 2d 1114, 2004 WL 2534249

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64835816

Published

Helicopter filed a notice of protest, pursuant to § 120.57(3), Fla. Stat., complaining that the bid of Coastal

Gomez v. Unemployment Appeals Commission

884 So. 2d 1033, 2004 Fla. App. LEXIS 14974, 2004 WL 2289604

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 64833660

Published

So.2d 1235, 1237 (Fla. 2d DCA 2003); see also § 120.57(l)(c), Fla. Stat. (2003). Although the employer

North Hill Manor, Inc. v. State, Agency for Health Care Administration

881 So. 2d 1174, 2004 Fla. App. LEXIS 12467, 2004 WL 1877358

District Court of Appeal of Florida | Filed: Aug 24, 2004 | Docket: 64832489

Published

requested an administrative hearing pursuant to section 120.57, Florida Statutes (2000). In the administrative

Memorial Healthcare Group, Inc. v. State, Agency for Health Care Administration

879 So. 2d 72, 2004 Fla. App. LEXIS 11418, 2004 WL 1736870

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832075

Published

of sufficient immediacy to entitle him to a section 120.57 hearing, and 2). that his substantial injury

Curry v. Florida Board of Professional Engineers, Department of Business & Professional Regulation

873 So. 2d 1258, 2004 Fla. App. LEXIS 7563, 2004 WL 1176170

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 64830782

Published

Division of Administrative Hearings as provided by section 120.57(1), Florida Statutes (2003). Her petition and

Lapp v. Department of Business & Professional Regulation

874 So. 2d 671, 2004 Fla. App. LEXIS 6587, 2004 WL 1057808

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64830930

Published

and requested an informal hearing pursuant to section 120.57(2), Florida Statutes (2002). A hearing was

Phillips v. Board of Dentistry, Department of Health

884 So. 2d 78, 2004 Fla. App. LEXIS 5051, 2004 WL 784446

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64833421

Published

penalty as long as: (1) the agency complies with section 120.57(1), Florida Statutes; (2) the statute under

Campbell v. Department of Business & Professional Regulation, Division of Real Estate

868 So. 2d 1265, 2004 Fla. App. LEXIS 3747, 2004 WL 574535

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64829082

Published

been raised before the administrative law judge. § 120.57(l)(i)(1996), Fla. Stat. We find it telling that

Anon v. Florida Dept. of Children & Family Services

874 So. 2d 609, 2004 Fla. App. LEXIS 2582, 2004 WL 384894

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64830911

Published

Anon’s request for a formal hearing pursuant to section 120.57, Florida Statutes (2003), and a petition for

Hoyos v. Florida Engineers Management Corp.

874 So. 2d 609, 2004 Fla. App. LEXIS 2142, 2004 WL 360695

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 64830910

Published

754 So.2d 76, 77 (Fla. 3d DCA 2000)(“Choosing § 120.57(2) hearings in professional license disciplinary

Lusskin v. Department of Health, Board of Medicine

866 So. 2d 733, 2004 Fla. App. LEXIS 934

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828352

Published

officer’s penalty recommendation in accordance with section 120.57, Florida Statutes. Lusskin v. Dep’t. of Health

Liss v. Department of Health

862 So. 2d 920, 2003 Fla. App. LEXIS 19784, 2003 WL 23094595

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827318

Published

practice medicine after an informal hearing. See § 120.57(2), Fla. Stat. (2001). Liss contends he was entitled

Mathos v. School Board of Miami-Dade County

861 So. 2d 520, 2003 Fla. App. LEXIS 19200, 2003 WL 22956441

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64827031

Published

School Board, the Board properly denied their section 120.57, Florida Statutes (2001), request for hearing

Sledge v. Department of Children & Families

861 So. 2d 1189, 2003 Fla. App. LEXIS 18412, 2003 WL 22867662

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 64827193

Published

conclusions of law, as it is authorized to do under section 120.57(l)ffl, Florida Statutes, which states, in pertinent

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

incorrectly. On December 10 and 11, 2001, a section 120.57 evidentiary hearing took place before Administrative

Ago

Florida Attorney General Reports | Filed: Apr 30, 2003 | Docket: 3257681

Published

county shall be in accordance with Chapter 120. Section 120.57(1)(k), Florida Statutes, states: "The presiding

Foley v. State Department of Health

839 So. 2d 828, 2003 Fla. App. LEXIS 2600, 2003 WL 728928

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 64821221

Published

Department to conduct a proceeding pursuant to section 120.57(2), Florida Statutes, on the administrative

United Wisconsin Life Insurance Co. v. Florida Department of Insurance

831 So. 2d 239, 2002 Fla. App. LEXIS 15859, 2002 WL 31431620

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 64819107

Published

(United Wisconsin) to certain allegations in a section 120.57, Florida Statutes, administrative proceeding

IPC Sports, Inc. v. State, Department of Revenue

829 So. 2d 330, 2002 Fla. App. LEXIS 15717, 2002 WL 31422706

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 64818596

Published

Chapter 212, Fla. Stat. and Section 120.57(2), Fla. Stat. 18. Section 120.57, Fla. Stat., limits respondent

Fowler v. Department of Health, Board of Optometry

821 So. 2d 1246, 2002 Fla. App. LEXIS 10814, 2002 WL 1758255

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 64816565

Published

complying with the specific requirements of section 120.57(1)©, Florida Statutes (1997). Count I of the

Workman v. Joe Brown Aluminum

816 So. 2d 1182, 2002 Fla. App. LEXIS 6864, 2002 WL 1022058

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 64815344

Published

agency action of which the E/C failed to seek a section 120.57 hearing or any relief under the Administrative

Jackson v. State, Division of Retirement

813 So. 2d 281, 2002 Fla. App. LEXIS 4799, 2002 WL 553395

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 64814172

Published

formal hearing before the Commission pursuant to section 120.57(1), Florida Statutes (2001). The Division moved

Jackson v. State, Division of Retirement

813 So. 2d 281, 2002 Fla. App. LEXIS 4799, 2002 WL 553395

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 64814172

Published

formal hearing before the Commission pursuant to section 120.57(1), Florida Statutes (2001). The Division moved

Shah v. Department of Health

804 So. 2d 615, 2002 Fla. App. LEXIS 388, 2002 WL 83763

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64811618

Published

with the requisite particularity required by section 120.57(1)(l), Florida Statutes (2001), we reverse

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

it would rehear Humphrey’s claim pursuant to section 120.57(2) at its General Session meeting on April

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

appellants’ petitions for formal hearing under Section 120.57(1), Florida Statutes, for lack of subject matter

Wallace Corp. v. City of Miami Beach

793 So. 2d 1134, 2001 Fla. App. LEXIS 12839, 2001 WL 1033585

District Court of Appeal of Florida | Filed: Sep 11, 2001 | Docket: 64808224

Published

petitioned for an administrative hearing pursuant to section 120.57(1), Florida Statutes (1997). As a result of

Antonucci v. State

793 So. 2d 1116, 2001 Fla. App. LEXIS 12516, 2001 WL 1007805

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 64808219

Published

competent substantial evidence supports them. § 120.57, Fla. Stat. (1999). On review of the UAC’s determinations

AvMed Inc. v. State, School Board

790 So. 2d 571, 2001 Fla. App. LEXIS 10362, 2001 WL 830605

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64807120

Published

of the contract award process as provided in section 120.57(3)(c), Florida Statutes (1999). This court

Stanley v. Department of Business & Professional Regulation

788 So. 2d 1100, 2001 Fla. App. LEXIS 8489, 2001 WL 697998

District Court of Appeal of Florida | Filed: Jun 22, 2001 | Docket: 64806555

Published

their request for formal hearing pursuant to section 120.57(1), Florida Statutes. In their request, the

Yaeger v. FLA. UNEMPLOYMENT APPEALS COM'N

786 So. 2d 48, 2001 WL 514191

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1279067

Published

record to support the referee's decision. Id.; section 120.57, Fla.Stat. (1999). Based upon our review of

GTO, Inc. v. Florida Unemployment Appeals Commission

783 So. 2d 1201, 2001 Fla. App. LEXIS 5969, 2001 WL 434907

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64805093

Published

excluded by the referee as hearsay, pursuant to section 120.57(l)(c), Florida Statutes (2000). We find that

State, Florida Department of Health v. North Florida Women's Health & Counseling Services, Inc.

852 So. 2d 254, 2001 Fla. App. LEXIS 1217

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64824348

Published

in original). Our supreme court reasoned: If section 120.57(l)(b)(7) requires an agency to provide a. transcript

Ago

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

Published

hearings limited to informal proceedings under section 120.57(2), Florida Statutes? 2. May the school board

Nippon Carbide Industries (USA), Inc. v. State, Department of Transportation

755 So. 2d 190, 2000 Fla. App. LEXIS 4233, 2000 WL 369807

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64796617

Published

competition, arbitrary, or capricious.’ ” See § 120.57(3)(f), Fla. Stat. (Supp.1998); see also GTECH

Durall v. Unemployment Appeals Commission

743 So. 2d 166, 1999 Fla. App. LEXIS 13748, 1999 WL 966735

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64791674

Published

729 So.2d 479, 480 (Fla. 4th DCA 1999). Under section 120.57(l)(c), Florida Statutes (Supp.1998), hearsay

Parrot Heads, Inc. v. Department of Business & Professional Regulation

741 So. 2d 1231, 1999 Fla. App. LEXIS 13135, 1999 WL 776089

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 64791246

Published

REMANDED. ANTOON, C.J. and PETERSON, J., concur. . § 120.57(2), Fla. Stat.

Kennedy v. Department of Business & Professional Regulation

738 So. 2d 516, 1999 Fla. App. LEXIS 11010, 1999 WL 625681

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 64789797

Published

hearings contemplated by the consent agreement. Section 120.57(4), Florida Statutes (1997), permits the parties

Loeffler v. Florida Department of Business & Professional Regulation

739 So. 2d 150, 1999 Fla. App. LEXIS 10439, 1999 WL 562148

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64790153

Published

insufficient record support for an increased penalty. § 120.57(l)(j), Fla. Stat. (1997). Accordingly, we REVERSE

South Florida Cargo Carriers Ass'n v. State, Department of Business & Professional Regulation

738 So. 2d 391, 1999 Fla. App. LEXIS 8314, 1999 WL 452149

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789757

Published

an administrative law judge who had, after a section 120.57(1), Florida Statutes (1997), hearing, recommended

L.G.H. v. Department of Children & Family Services

735 So. 2d 548, 1999 Fla. App. LEXIS 6825, 1999 WL 357625

District Court of Appeal of Florida | Filed: May 27, 1999 | Docket: 64788873

Published

hearsay alone, but was supported by direct evidence. § 120.57(l)(c), Fla. Stat. Accordingly, we reverse and

Barkap, Inc. v. Department of Business & Professional Regulation

728 So. 2d 1241, 1999 Fla. App. LEXIS 4568, 1999 WL 193370

District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 64787069

Published

notice: request a formal hearing pursuant to section 120.57(1) to dispute the allegations in the administrative

S. A. v. Department of Children & Family Services

728 So. 2d 1228, 1999 Fla. App. LEXIS 4297, 1999 WL 187415

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787061

Published

supported by substantial, competent evidence. See § 120.57(l)(b)(10), Fla. Stat. (1995). The facts of this

S. A. v. Department of Children & Family Services

728 So. 2d 1228, 1999 Fla. App. LEXIS 4297, 1999 WL 187415

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787061

Published

supported by substantial, competent evidence. See § 120.57(l)(b)(10), Fla. Stat. (1995). The facts of this

Friends of Matanzas, Inc. v. Department of Environmental Protection

729 So. 2d 437, 1999 Fla. App. LEXIS 2452, 1999 WL 110806

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64787154

Published

a formal administrative hearing pursuant to section 120.57(1) because Matan-zas failed to allege adequate

Miami Sierra Club v. STATE ADMIN. COM'N

721 So. 2d 829, 1998 WL 876976

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1694622

Published

whether appellants were entitled to a formal Section 120.57 hearing. This cause is therefore remanded to

Metiver v. State, Department of Highway Safety & Motor Vehicles

720 So. 2d 1170, 1998 Fla. App. LEXIS 15005, 1998 WL 821828

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784399

Published

(Fla. 4th DCA 1993) (attorney’s fees denied under § 120.57(l)(b)10, Fla.Stat. (1993), where some agency action

Advocacy Center for Persons with Disabilities, Inc. v. State, Department of Children & Family Services

721 So. 2d 753, 1998 Fla. App. LEXIS 14179, 1998 WL 777377

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784632

Published

appellants thereafter protested pursuant to section 120.57(3)(b), Flori-da Statutes (1997). Appellants

Wasser v. Department of Business & Professional Regulation

717 So. 2d 633, 1998 Fla. App. LEXIS 12279, 1998 WL 653603

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 64782839

Published

transaction. The case was heard below pursuant to section 120.57(2), Florida Statutes “Additional Procedures

Sea Pride Industries, Inc. v. Department of Banking & Finance

717 So. 2d 616, 1998 Fla. App. LEXIS 11946, 1998 WL 646566

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64782809

Published

record citations in support thereof, under section 120.57(l)(j), Florida Statutes. Lacking both stated

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

be accorded an informal hearing pursuant to Section 120.57(2), Florida Statutes, at which time [he] will

J.H. Williams Oil Co. v. Department of Environmental Protection

707 So. 2d 904, 1998 Fla. App. LEXIS 2130, 1998 WL 95340

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779710

Published

its petition to initiate a proceeding under section 120.57, Florida Statutes (1995). We affirm. In its

H.B. Walker, Inc. v. State, Department of Transportation

707 So. 2d 790, 1998 Fla. App. LEXIS 688, 1998 WL 31495

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 64779689

Published

pendency of administrative proceedings pursuant to section 120.57(1), Florida Statutes, and prior to ren*791dition

Sunrise Community, Inc. v. State, Agency for Health Care Administration

704 So. 2d 1135, 1998 Fla. App. LEXIS 565, 1998 WL 25473

District Court of Appeal of Florida | Filed: Jan 27, 1998 | Docket: 64778440

Published

comply with essential requirements of law. See § 120.57(1)(a)10, Fla. Stat. (1995). See also Crawley v

Pillsbury v. State, Department of Health & Rehabilitative Services

705 So. 2d 32, 1997 Fla. App. LEXIS 14998, 1998 WL 34796

District Court of Appeal of Florida | Filed: Sep 19, 1997 | Docket: 64778610

Published

officer must comply with the requirements of section 120.57(l)(b)(10), Florida Statutes (1995), which provides

Exclusive Investment Management & Consultants, Inc. v. State, Agency for Health Care Administration

699 So. 2d 311, 1997 Fla. App. LEXIS 10624, 1997 WL 574622

District Court of Appeal of Florida | Filed: Sep 18, 1997 | Docket: 64775863

Published

explicate incipient policy in a hearing pursuant to section 120.57(1), Florida Statutes. Cf. Meridian, Inc. v

Fleitman v. McPherson

704 So. 2d 587, 1997 WL 536038

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1354063

Published

an administrative agency, thus implicating section 120.57(1)(b)6, which "requires an agency to preserve

Kriston v. Florida Unemployment Appeals Commission

693 So. 2d 689, 1997 Fla. App. LEXIS 4966, 1997 WL 231502

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773458

Published

finding it was “not in accord with the law.” Section 120.57(l)(b), Florida Statutes (1995), controls UAC

Ober v. Department of Environmental Protection

688 So. 2d 435, 1997 Fla. App. LEXIS 1802, 1997 WL 82116

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 64771254

Published

statutory definition (citations omitted). Under section 120.57, Fla. Stat., an agency in its final order may

Ago

Florida Attorney General Reports | Filed: Feb 28, 1997 | Docket: 3255942

Published

with allegations of child abuse entitled to section 120.57(1), Fla. Stat., evidentiary hearing). And see

Bankers Insurance Co. v. Florida Residential Property & Casualty Joint Underwriting Ass'n

689 So. 2d 1127, 1997 Fla. App. LEXIS 1411

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 64771785

Published

form advising Bankers of its right pursuant to section 120.57, Florida Statutes, to contest the Department’s

Gulf Real Properties, Inc. v. Department of Health & Rehabilitative Services

687 So. 2d 1336, 1997 Fla. App. LEXIS 371, 1997 WL 39592

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 64771157

Published

Statutes” would govern protest procedures. Like section 120.57(3), Florida Statutes (Supp.1996), which has

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

Gadsden County, 646 So.2d 766 (Fla. 1st DCA 1994)(section 120.57(1), Florida Statutes (1993), applies when facts

Bell v. School Bd. of Dade County

681 So. 2d 843, 1996 WL 590972

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 2548170

Published

supported by competent substantial evidence. See § 120.57(1)(b)10, Fla. Stat. (1993). However, the Administrative

BAY COUNTY SCHOOL BD. v. Bryan

679 So. 2d 1246, 1996 WL 511524

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 1665933

Published

based upon competent substantial evidence ..." § 120.57(1)(b)10, Fla. Stat. (1993) Indeed, as appellants

D.M. v. Department of Health & Rehabilitative Services

695 So. 2d 739, 1996 Fla. App. LEXIS 10310, 1996 WL 511530

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 64774273

Published

of law recommended by the hearing officer. See § 120.57(l)(b)10, Fla.Stat. (1993) (“The agency in its

Smith v. School Board of Dade County

680 So. 2d 1040, 1996 Fla. App. LEXIS 8653, 1996 WL 464282

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64768100

Published

fulfilled the requirements as prescribed by section 120.57(l)(b)(10), Florida Statutes (1995). Allen v

Department of Health & Rehabilitative Services v. Yhap

680 So. 2d 559, 1996 Fla. App. LEXIS 7909, 1996 WL 419343

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 64767883

Published

comply with the essential requirements of law. See § 120.57(l)(b)(10), Fla. Stat. (Supp.1992). The Commission

Lawnwood Medical Center, Inc. v. Agency For Health Care Administration

678 So. 2d 421, 1996 Fla. App. LEXIS 7908

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 64766711

Published

hearing officer. An agency is not authorized by section 120.57(l)(b)10 to reopen the record, receive additional

Lawnwood Medical Center, Inc. v. Agency For Health Care Administration

678 So. 2d 421, 1996 Fla. App. LEXIS 7908

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 64766711

Published

hearing officer. An agency is not authorized by section 120.57(l)(b)10 to reopen the record, receive additional

Stiller v. Florida Department of Labor & Employment Security

677 So. 2d 377, 1996 Fla. App. LEXIS 7761, 1996 WL 387425

District Court of Appeal of Florida | Filed: Jul 12, 1996 | Docket: 64766314

Published

compelled to await the entry of a final order after a § 120.57 hearing). The denial of a hearing is reviewable

G.A. v. Department of Health & Rehabilitative Services

695 So. 2d 712, 1996 Fla. App. LEXIS 3700, 1996 WL 168612

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 64774262

Published

given an evidentiary hearing in accordance with section 120.57(1), Florida Statutes (1993), “to contest whether

Davis v. Dade County School Board

671 So. 2d 271, 1996 Fla. App. LEXIS 3540, 1996 WL 165370

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763714

Published

isolating our children from criminals. Under Section 120.57(l)(b)(10), Florida Statutes (1995), the school

Davis v. Dade County School Board

671 So. 2d 271, 1996 Fla. App. LEXIS 3540, 1996 WL 165370

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763714

Published

isolating our children from criminals. Under Section 120.57(l)(b)(10), Florida Statutes (1995), the school

Collier Development Corp. v. State, Department of Environmental Protection

685 So. 2d 1328, 1996 Fla. App. LEXIS 4118, 1996 WL 195169

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 64770252

Published

of its position. The Rath-mann court found section 120.57(l)(b)(4), Florida Statutes (1981), to contemplate

Charity v. Florida State University

680 So. 2d 463, 1996 Fla. App. LEXIS 2327, 1996 WL 106604

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64767843

Published

remedies, except to note that the provisions of section 120.57 do not apply “to any proceeding in which the

Orasan v. Agency for Health Care Administration, Board of Medicine

668 So. 2d 1062, 1996 Fla. App. LEXIS 1599, 1996 WL 82194

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762745

Published

the allegations and the matter proceeded to a section 120.57(i), Florida Statutes, hearing before a Division

Orasan v. Agency for Health Care Administration, Board of Medicine

668 So. 2d 1062, 1996 Fla. App. LEXIS 1599, 1996 WL 82194

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762745

Published

the allegations and the matter proceeded to a section 120.57(i), Florida Statutes, hearing before a Division

Ross v. Department of Corrections

669 So. 2d 1060, 1996 Fla. App. LEXIS 912, 1996 WL 50103

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64763195

Published

with the fourteen-day notice requirement in section 120.57(l)(b), Florida Statutes 1 and because of a

Calder Race Course, Inc. v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

664 So. 2d 297, 1995 Fla. App. LEXIS 12494, 1995 WL 699901

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760620

Published

Gardinier, Inc., 481 So.2d 948 (Fla. 1st DCA 1986). Section 120.57(1), Florida Statutes (1993), provides for formal

Smith v. Florida Department of Law Enforcement, Criminal Justice Standards & Training Commission

661 So. 2d 957, 1995 Fla. App. LEXIS 8427, 1995 WL 623473

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 64759536

Published

conclusion of an informal hearing, pursuant to section 120.57(2), Fla.Stat. (1993). We reverse, finding no

Buchheit v. Department of Business & Professional Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

659 So. 2d 1220, 1995 Fla. App. LEXIS 8873, 1995 WL 497294

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758553

Published

remand this cause for formal proceedings under section 120.57(1), Florida Statutes (1993). See Village Saloon

Viti v. Florida Department of Business

657 So. 2d 1277, 1995 Fla. App. LEXIS 7790, 1995 WL 427715

District Court of Appeal of Florida | Filed: Jul 21, 1995 | Docket: 64757870

Published

he was a “tax protestor” not a “tax evader.” Section 120.57(l)(b)(10) provides: [t]he agency [FREC in this

Jamerson v. Spruell

658 So. 2d 599, 1995 Fla. App. LEXIS 7503, 1995 WL 410701

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 64758011

Published

reinstate the hearing officer’s findings. See § 120.57(1)(B)(10) (“The agency in its final order may

Tamburello v. State, Department of Management Services, Division of Retirement

657 So. 2d 32, 1995 Fla. App. LEXIS 7120, 1995 WL 363298

District Court of Appeal of Florida | Filed: Jun 20, 1995 | Docket: 64757501

Published

are based on competent, substantial evidence. § 120.57(l)(b)(10), Fla.Stat. (1993); McDonald v. Department

St. Joe Paper Co. v. COMMUNITY AFFAIRS

657 So. 2d 27, 1995 WL 348291

District Court of Appeal of Florida | Filed: Jun 12, 1995 | Docket: 463965

Published

3184(10)(a) is a section 120.57, Florida Statutes proceeding. Participation in a section 120.57 proceeding

Arbor Health Care Co. v. State, Agency for Health Care Administration

654 So. 2d 1020, 1995 Fla. App. LEXIS 5236, 20 Fla. L. Weekly Fed. D 1199

District Court of Appeal of Florida | Filed: May 16, 1995 | Docket: 64756201

Published

Manor’s application. Manor petitioned for a section 120.57(1), Florida Statutes, administrative hearing

Berger v. DEPT. OF PROF. REG.. DENTISTRY

653 So. 2d 479, 1995 WL 170331

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 552197

Published

circumvent the requirements of the statute [section 120.57(1)(b)10, Florida Statutes] by characterizing

Hitchcock & Driver Enterprises, Inc. v. Department of Labor & Employment Security

652 So. 2d 970, 1995 Fla. App. LEXIS 3505, 1995 WL 147319

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64755251

Published

“administrative proceeding pursuant to chapter 120.” Section 120.57, Florida Statutes, provides procedures that

Patterson Outdoor Advertising v. Department of Transportation

651 So. 2d 784, 1995 Fla. App. LEXIS 2264, 1995 WL 92279

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64754871

Published

to request an administrative hearing under section 120.57, Florida Statutes. There was no explanation

Glass v. Department of Revenue

650 So. 2d 684, 1995 Fla. App. LEXIS 3240, 1995 WL 63067

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 64754370

Published

Division of Administrative Hearings pursuant to section 120.57, Florida Statutes (1993). At the hearing, Glass

CR & a v. STATE, DEPT. OF COMMUNITY AFFAIRS

650 So. 2d 1063

District Court of Appeal of Florida | Filed: Feb 16, 1995 | Docket: 1346763

Published

The appellant initiated a proceeding under section 120.57, Florida Statutes, contesting the appellee's

H.L.T. v. Department of Health & Rehabilitative Services

648 So. 2d 1237, 1995 Fla. App. LEXIS 196, 1995 WL 16837

District Court of Appeal of Florida | Filed: Jan 19, 1995 | Docket: 64753642

Published

the recommended order, and consistent with section 120.57(l)(b)10, Florida Statutes, the department should

CED Capital Holdings, III, Ltd. v. Florida Department of Community Affairs

646 So. 2d 846, 1994 Fla. App. LEXIS 12797, 1994 WL 712735

District Court of Appeal of Florida | Filed: Dec 23, 1994 | Docket: 64752772

Published

for an award of attorney’s fees pursuant to section 120.57(l)(b)10, Florida Statutes, arguing that the

Conval Care, Inc. v. State

647 So. 2d 300, 1994 Fla. App. LEXIS 12195, 1994 WL 697946

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 64752943

Published

petitioned for a formal administrative hearing under section 120.57(1), Florida Statutes (1991), to challenge the

City of North Port v. Consolidated Minerals, Inc.

645 So. 2d 485, 1994 Fla. App. LEXIS 9162, 1994 WL 515297

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 64752231

Published

a formal administrative hearing-pursuant to section 120.57, Florida Statutes (1991). The hearing was held

Gator Coin Machine Co. v. Department of Revenue

642 So. 2d 673, 1994 Fla. App. LEXIS 9055, 1994 WL 513549

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 64750853

Published

the department exceeded its authority under section 120.57(l)(b)10, Florida Statutes, in rejecting these

Peart v. School Board of Dade County

637 So. 2d 377, 1994 Fla. App. LEXIS 5564, 1994 WL 243956

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64748555

Published

PER CURIAM. Affirmed. § 120.57(l)(b)10, Fla.Stat. (1993); Reese v. Department of Professional Regulation

Florida Power Corp. v. State, Department of Environmental Regulation

638 So. 2d 545, 1994 Fla. App. LEXIS 4586, 1994 WL 182043

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 64749191

Published

Secretary Browner was bound by these findings of fact. § 120.57(l)(b)10, Fla.Stat. (1991); Heifetz v. Department

MSQ Properties v. Florida Department of Health & Rehabilitative Services

634 So. 2d 286, 1994 Fla. App. LEXIS 3071, 1994 WL 106152

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 64747153

Published

fees to MSQ for this appeal under authority of section 120.57(l)(b)10., Florida Statutes, and remanding to

Advance Barricades & Signing, Inc. v. State, Department of Transportation

632 So. 2d 704, 1994 Fla. App. LEXIS 1650, 1994 WL 59453

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64746586

Published

the formal petition for hearing pursuant to section 120.-57, Florida Statutes. The order by DOT denying

Belveal v. State, Department of Health & Rehabilitative Services

632 So. 2d 687, 1994 Fla. App. LEXIS 1461, 1994 WL 58055

District Court of Appeal of Florida | Filed: Feb 25, 1994 | Docket: 64746579

Published

for further proceedings in accordance with section 120.57, Florida Statutes. Reversed; remanded. FRANK

A.J. v. State, Department of Health & Rehabilitative Services

630 So. 2d 1187, 1994 Fla. App. LEXIS 81

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64746016

Published

a formal administrative hearing pursuant to section 120.57, Florida Statutes (1991). After a full evidentiary

Smith v. Department of Business & Professional Regulation, Board of Clinical Laboratory Personnel

627 So. 2d 1346, 1993 Fla. App. LEXIS 12653, 1993 WL 536059

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64744714

Published

the applicant to a formal hearing pursuant to Section 120.57(1), Florida Statutes (1993). See Taylor v.

Stuart v. State ex rel. Miller

629 So. 2d 288, 1993 Fla. App. LEXIS 12545, 1993 WL 530856

District Court of Appeal of Florida | Filed: Dec 21, 1993 | Docket: 64745021

Published

DOAH order in rendering a final decision. See § 120.-57(l)(b)10., Fla.Stat. (Supp.1992) (agency may adopt

South Florida Cargo Carriers Ass'n v. State, Board of Pilot Commissioners

627 So. 2d 597, 1993 Fla. App. LEXIS 12273, 1993 WL 499237

District Court of Appeal of Florida | Filed: Dec 7, 1993 | Docket: 64744408

Published

refer this matter to DOAH. It is shown that section 120.57(l)(a)l., Florida Statutes, provides that a

Harris v. Florida Department of Law Enforcement

625 So. 2d 1327, 1993 Fla. App. LEXIS 11194, 1993 WL 452263

District Court of Appeal of Florida | Filed: Nov 8, 1993 | Docket: 64743836

Published

formal administrative hearing in accordance with section 120.57(1), Florida Statutes. After the filing of the

Shapiro v. State, Department of Professional Regulation, Board of Psychological Examiners

623 So. 2d 1235, 1993 Fla. App. LEXIS 9188, 1993 WL 349934

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 64698652

Published

hearing on the proposed denial in accordance with section 120.57(2), Florida Statutes. Appellant did not, and

Porter v. Department of Health & Rehabilitative Services

621 So. 2d 588, 1993 Fla. App. LEXIS 8072, 1993 WL 284673

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64697722

Published

unable to furnish a transcript, contrary to section 120.57(l)(b)7, Florida Statutes (1991). See North

Nathanson v. Department of Labor & Employment Security, Division of Workers' Compensation

620 So. 2d 1066, 1993 Fla. App. LEXIS 6557, 1993 WL 215584

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 64697448

Published

for formal administrative hearing pursuant to section 120.57(1), Florida Statutes (1991). In his motion

Devito v. University of South Florida

619 So. 2d 470, 1993 Fla. App. LEXIS 6249, 1993 WL 197473

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 64696626

Published

respondents to hold a hearing pursuant to section 120.-57, Florida Statutes (1991). We deny the petition

R.M. v. Department of Health & Rehabilitative Services

617 So. 2d 810, 1993 Fla. App. LEXIS 4703, 1993 WL 134085

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 64695888

Published

expunction of the child abuse report. We reverse. Section 120.57(l)(b)10, Florida Statutes (Supp.1992) provides

Superior Imports of Tampa, Inc. v. Stacy David, Inc.

617 So. 2d 795, 1993 Fla. App. LEXIS 4686, 1993 WL 132637

District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 64695885

Published

of Administrative Hearings for hearing under section 120.57, Florida Statutes. On May 17, 1991, Courtesy

Pete v. Dietetics & Nutrition Practice Council

616 So. 2d 1139, 1993 Fla. App. LEXIS 4133, 1993 WL 113309

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695657

Published

Act, chapter 120, Florida Statutes (1991). Section 120.-57(2)(a)2, Florida Statutes (1991), provides that

Pahokee Water Control District v. South Florida Water Management District

617 So. 2d 1065, 1993 Fla. App. LEXIS 3796, 1993 WL 80545

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 64696107

Published

rights to an administrative hearing pursuant to section 120.57, Florida Statutes (1991) are preserved, and

Williams v. Castor

613 So. 2d 97, 1993 Fla. App. LEXIS 1222, 1993 WL 12405

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693883

Published

REMANDED. BARFIELD and MINER, JJ., concur. . Section 120.57, Florida Statutes (1991), also mandates that

Collins v. School Board of Dade County

981 F.2d 1203

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1993 | Docket: 66279898

Published

officer's recommended order. Florida Statutes § 120.-57(1) governed the hearing process. . Collins also

Ago

Florida Attorney General Reports | Filed: Jan 4, 1993 | Docket: 3255666

Published

General RAB/tgk 1 See, s. 230.33(8)(c), F.S. 2 Section 120.57(2), F.S. (1992 Supp.), describes the procedure

Schumacher v. Department of Professional Regulation, Division of Real Estate

611 So. 2d 75, 1992 Fla. App. LEXIS 13040, 1992 WL 385472

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 64693141

Published

from an escrow account for petty cash. After a section 120.57 hearing on the matter, the DOAH hearing officer

Department of Corrections v. Van Poyck

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

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

Published

415 So.2d 1359 (Fla.1982), which concerned a section 120.57 proceed*1336ing governing, decisions that affect

Campbellton-Graceville Hospital v. Department of Health & Rehabilitative Services

610 So. 2d 82, 1992 Fla. App. LEXIS 12502, 1992 WL 365441

District Court of Appeal of Florida | Filed: Dec 14, 1992 | Docket: 64692743

Published

formal proceedings should have been granted. See section 120.57, Florida Statutes (1989) (the provisions applicable

Intelligence Group, Inc. v. Department of State, Division of Licensing

610 So. 2d 589, 1992 Fla. App. LEXIS 12414, 1992 WL 362140

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 64692821

Published

a formal administrative hearing pursuant to section 120.57(1), Florida Statutes (1989). A formal hearing

American Financial Security Life Insurance Co. v. Department of Insurance

609 So. 2d 733, 1992 Fla. App. LEXIS 12334, 1992 WL 355428

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692595

Published

Florida. American requested a hearing pursuant to Section 120.57(2), Florida Statutes. After final hearing,

Pesetsky v. School Board of Dade Co.

608 So. 2d 581, 1992 Fla. App. LEXIS 12987, 1992 WL 348559

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64692086

Published

The issue is whether the Board complied with section 120.57(l)(b)10, Florida Statutes (1991) which requires

Santacroce v. State, Department of Banking & Finance, Division of Securities & Investor Protection

608 So. 2d 134, 1992 Fla. App. LEXIS 11401, 1992 WL 324707

District Court of Appeal of Florida | Filed: Nov 12, 1992 | Docket: 64691794

Published

which was granted by the Department pursuant to section 120.57, Florida Statutes, and Rule 3-7 of the Florida

Son v. Florida Department of Professional Regulation, Division of Real Estate

608 So. 2d 75, 1992 Fla. App. LEXIS 10956, 1992 WL 296130

District Court of Appeal of Florida | Filed: Oct 20, 1992 | Docket: 64691775

Published

the conclusions of law in the recommended order, § 120.57(l)(b)(10), Fla.Stat. (Supp.1990), “[i]f the court

Son v. Florida Department of Professional Regulation, Division of Real Estate

608 So. 2d 75, 1992 Fla. App. LEXIS 10956, 1992 WL 296130

District Court of Appeal of Florida | Filed: Oct 20, 1992 | Docket: 64691775

Published

the conclusions of law in the recommended order, § 120.57(l)(b)(10), Fla.Stat. (Supp.1990), “[i]f the court

Rod's Recovery Agency v. Department of State, Division of Licensing

606 So. 2d 458, 1992 Fla. App. LEXIS 10507, 1992 WL 277276

District Court of Appeal of Florida | Filed: Oct 9, 1992 | Docket: 64670684

Published

the Department of State in accordance with Section 120.57(2), Florida Statutes. The case proceeded to

West Coast Regional Water Supply Authority v. Harris

604 So. 2d 892, 1992 Fla. App. LEXIS 9449, 1992 WL 212022

District Court of Appeal of Florida | Filed: Sep 2, 1992 | Docket: 64669565

Published

FPER Para. 22502 (1990). The requirements of Section 120.57(l)(b)10. are applicable to veteran preference

Schram v. Department of Professional Regulation

603 So. 2d 1307, 1992 Fla. App. LEXIS 8540, 1992 WL 191171

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 64669397

Published

for further agency action in accordance with section 120.57, Florida Statutes (1991). See section 120.68(8)

Department of Law Enforcement v. Hood

601 So. 2d 1194, 17 Fla. L. Weekly Supp. 424, 1992 Fla. LEXIS 1205, 1992 WL 148240

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 64668774

Published

imposing penalties, the agency complies with section 120.57(l)(b)10, and the increased penalty falls within

Hargrove v. Department of Corrections

601 So. 2d 623, 1992 Fla. App. LEXIS 6797, 1992 WL 140972

District Court of Appeal of Florida | Filed: Jun 25, 1992 | Docket: 64668671

Published

Administrative Code, to the Petitioner.” Because a section 120.57, Florida Statutes (1991), proceeding is unavailable

Halpin v. Department of Corrections

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

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

Published

transcripts in appeals taken by indigent parties in Section 120.57, Florida Statutes, *289proceedings. Section

Scott v. Department of Professional Regulation

603 So. 2d 519, 1992 Fla. App. LEXIS 6257, 1992 WL 126577

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 64669274

Published

opinion does not compel the appellee to pursue a section 120.57(1), Florida Statutes, hearing in such circumstances

Titzel v. Department of Professional Regulation, Board of Professional Engineers

599 So. 2d 279, 1992 Fla. App. LEXIS 6201, 1992 WL 114641

District Court of Appeal of Florida | Filed: Jun 2, 1992 | Docket: 64667578

Published

appellant’s motion for attorney’s fees. Fla.Stat. § 120.57(l)(b)10. (1991). This matter is remanded to the

Alsobrook v. State, Division of Retirement

600 So. 2d 1173, 1992 Fla. App. LEXIS 5510, 1992 WL 104632

District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 64668528

Published

conduct an evidentiary hearing pursuant to section 120.57(1) when a member of the retirement system disagrees

City of Labelle v. Bio-Med Services, Inc.

598 So. 2d 207, 1992 Fla. App. LEXIS 5075, 1992 WL 92417

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 64667122

Published

-60(1) which, in turn, incorporates section 120.57(1)(b)2. Section 120.57(1)(b)2 calls for “reasonable notice

Lee v. State Department of Transportation

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

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

Published

Administrative Hearings (DOAH) hearing officer under Section 120.57, Florida Statutes (1989). At the hearing a

Edwards v. Department of Health & Rehabilitative Services

592 So. 2d 1249, 1992 Fla. App. LEXIS 765, 1992 WL 16631

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 64664863

Published

exceptions with the Commission. Pursuant to section 120.57(l)(b)10, Florida Statutes (1989), the Commission

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

593 So. 2d 542, 1992 Fla. App. LEXIS 454, 1992 WL 10880

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64665251

Published

a final order of HRS in a proceeding under section 120.57, Florida Statutes. We reverse. HCR sought several

Brookwood-Jackson County Convalescent Center v. Department of Health & Rehabilitative Services

591 So. 2d 1085, 1992 Fla. App. LEXIS 97

District Court of Appeal of Florida | Filed: Jan 2, 1992 | Docket: 64664435

Published

Appellants requested a formal hearing pursuant to section 120.57(1), Florida Statutes. Holmes Health Care moved

State Department of Environmental Regulation v. Kaszyk

590 So. 2d 1010, 1991 Fla. App. LEXIS 12258, 1991 WL 259267

District Court of Appeal of Florida | Filed: Dec 10, 1991 | Docket: 64663942

Published

hearing on the terms of this Consent Order under section 120.57, F.S., and its right to appeal this Consent

Cohen v. Department of Professional Regulation, Board of Medicine

590 So. 2d 477, 1991 Fla. App. LEXIS 11951, 1991 WL 253374

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 64663720

Published

The Board acted within its authority pursuant to § 120.57(l)(b)102 in rejecting the hearing officer’s recommended

Short v. Florida Department of Law Enforcement, Criminal Justice, Standards & Training Commission

589 So. 2d 364, 1991 Fla. App. LEXIS 11403, 1991 WL 231655

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64663107

Published

instead of suspension. We agree with Short. Section 120.-57(l)(b)(10), Florida Statutes (1987), states

John A. McCoy Florida SNF Trust v. State, Department of Health & Rehabilitative Services

589 So. 2d 351, 1991 Fla. App. LEXIS 11358, 1991 WL 231789

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 64663103

Published

administrative hearing to contest this decision. A section 120.57(1), Florida Statutes, formal hearing was held

Golden Glades Regional Medical Center v. State, Health Care Cost Containment Board

586 So. 2d 422, 1991 Fla. App. LEXIS 8473, 1991 WL 167278

District Court of Appeal of Florida | Filed: Sep 3, 1991 | Docket: 64661762

Published

appellate attorney's fees against the HCCCB under § 120.57(l)(b)(10), Fla.Stat. (1989). As in that case,

Inlet Mortgage Co. v. State, Department of Banking & Finance, Division of Finance

582 So. 2d 764, 1991 Fla. App. LEXIS 6720, 1991 WL 126694

District Court of Appeal of Florida | Filed: Jul 11, 1991 | Docket: 64660150

Published

complying with the directives set forth in Section 120.57(l)(b)10, Florida Statutes (1987). Although

City of Bradenton v. Amerifirst Development Corp.

582 So. 2d 166, 1991 Fla. App. LEXIS 6700, 1991 WL 125737

District Court of Appeal of Florida | Filed: Jul 10, 1991 | Docket: 64660038

Published

petitioned for a formal proceeding pursu*167ant to section 120.57(1), Florida Statutes (1989). Amerifirst then

Good Samaritan Hospital v. Department of Health & Rehabilitative Services

582 So. 2d 722, 1991 Fla. App. LEXIS 6155, 1991 WL 117015

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 64660140

Published

hospital for an “improper purpose” in violation of section 120.57(l)(b)5, Florida Statutes (1989), and accordingly

Miami Children's Hospital v. Department of Health & Rehabilitative Services

580 So. 2d 344, 1991 Fla. App. LEXIS 5933, 1991 WL 97999

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659023

Published

PER CURIAM. Affirmed. § 120.57, Fla.Stat. (1989); Fla.Admin.Code Rule 10-2.036.

Norris v. Florida Department of Professional Regulation, Division of Real Estate

579 So. 2d 390, 1991 Fla. App. LEXIS 4712, 1991 WL 82519

District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64658676

Published

informal hearing or proceeding, pursuant to Section 120.57(1), Floridas Statutes, at which time I will

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

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

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

Published

for formal administrative proceedings under section 120.57(1), Florida Statutes. The department notified

Brooks v. Department of Professional Regulation

578 So. 2d 381, 1991 Fla. App. LEXIS 3590, 1991 WL 54158

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 64658246

Published

informal hearing or proceeding, pursuant to section 120.-57(2), Florida Statutes, at which time I will

Prugh v. St. Johns River Water Mgmt. Dist.

578 So. 2d 1130, 1991 WL 44909

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1525341

Published

DAUKSCH and DIAMANTIS, JJ., concur. NOTES [1] See § 120.57(1), Fla. Stat. (1989). [2] The jurisdictional

Amalgamated Transit Union, Local 1267 v. Benevolent Ass'n of Coachmen, Inc.

576 So. 2d 379, 1991 Fla. App. LEXIS 2163, 1991 WL 32081

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 64657317

Published

of sufficient immediacy to entitle him to a section 120.57 hearing, and (2) that his substantial injury

Ramadanovic v. DEPT. OF CORRECTIONS

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

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

Published

which is that inmates may not be parties in section 120.57 proceedings. While the order may reflect a

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

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

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

Published

requested an informal hearing pursuant to Section 120.-57(2). In its final order, the Department of Transportation

Lieberman v. DEPT. OF PRO. REGULATION, BD. OF MEDICINE

573 So. 2d 349, 1990 WL 192306

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 1518819

Published

evidence in the prior hearings of B.J. and D.B. See § 120.57(1)(b)(11), Fla. Stat. (1989). Because the penalty

Gonzalez v. Martinez

756 F. Supp. 1533, 1991 WL 16679

District Court, S.D. Florida | Filed: Jan 18, 1991 | Docket: 2134949

Published

Fla.Stat. § 120.57. By Order dated January 7, 1991, the Court struck references to § 120.57, in accordance

Hendrix v. Florida Department of Corrections

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

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

Published

and should therefore have been brought under section 120.57 (from which procedure inmates are barred),

State, Department of Transportation v. Calusa Trace Development, Corp.

571 So. 2d 543, 1990 Fla. App. LEXIS 9410, 1990 WL 202685

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 64655082

Published

exhaust its administrative remedies pursuant to section 120.57, Florida Statutes (1989), which provides for

E.H. v. Department of Health & Rehabilitative Services

571 So. 2d 50, 1990 Fla. App. LEXIS 9044, 1990 WL 188956

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 64654944

Published

appellant petitioned HRS for a hearing under section 120.57(1), Florida Statutes, and a hearing was held

Lora v. Department of State, Division of Licensing

569 So. 2d 840, 1990 Fla. App. LEXIS 8437, 1990 WL 169476

District Court of Appeal of Florida | Filed: Nov 6, 1990 | Docket: 64654311

Published

informal hearing was conducted in accordance with section 120.57, Florida Statutes (1989). Mr. Lora makes four

Biscayne Center v. Department of Health & Rehabilitative Services

568 So. 2d 535, 1990 Fla. App. LEXIS 8133, 1990 WL 159680

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 64653825

Published

Clinic, Inc., 399 So.2d 1137 (Fla. 1st DCA 1981); § 120.57, Fla.Stat. (1987).

Biscayne Center v. Department of Health & Rehabilitative Services

568 So. 2d 535, 1990 Fla. App. LEXIS 8133, 1990 WL 159680

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 64653825

Published

Clinic, Inc., 399 So.2d 1137 (Fla. 1st DCA 1981); § 120.57, Fla.Stat. (1987).

Department of Health & Rehabilitative Services v. Parrimore

567 So. 2d 1073, 1990 Fla. App. LEXIS 7901, 1990 WL 154863

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 64653606

Published

Rehabilitative Serv., 468 So.2d 478 (Fla. 2d DCA 1985); § 120.57(10), Fla.Stat. (1987).

Sakhuja v. Department of Professional Regulation

568 So. 2d 486, 1990 Fla. App. LEXIS 7916, 1990 WL 154772

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653812

Published

satisfy the Board’s obligation, as mandated by section 120.57(l)(b)10, Florida Statutes, to provide a particularized

Wallen v. Florida Department of Professional Regulation, Division of Real Estate

568 So. 2d 975, 1990 Fla. App. LEXIS 7731, 1990 WL 149806

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 64653885

Published

own consent, the formal hearing provided by section 120.-57(1), Florida Statutes (1989), was dispensed

Citizens of the State v. Wilson

568 So. 2d 904, 15 Fla. L. Weekly Supp. 508, 1990 Fla. LEXIS 1195, 1990 WL 141448

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653869

Published

him an opportunity to be heard pursuant to section 120.57, Florida Statutes (1987). The Commission responds

Hunt v. Department of Professional Regulation

564 So. 2d 552, 1990 Fla. App. LEXIS 5120, 1990 WL 98468

District Court of Appeal of Florida | Filed: Jul 10, 1990 | Docket: 64651852

Published

stipulation or agreed settlement pursuant to section 120.57(3), Florida Statutes (1987),1 which is disputed

Board of Trustees v. Hillsborough Community College Chapter of the Faculty United Service Ass'n

563 So. 2d 1102, 1990 Fla. App. LEXIS 4652, 1990 WL 98763

District Court of Appeal of Florida | Filed: Jun 20, 1990 | Docket: 64651490

Published

the close of the evidentiary hearing in a Section 120.-57(1), F.S. proceeding_ All evidence supporting

Myers v. Department of Insurance

561 So. 2d 1289, 1990 Fla. App. LEXIS 3853, 1990 WL 71619

District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 64650827

Published

denial of his petition for a hearing under section 120.-57(1), Florida Statutes. We reverse. Appellant

Palm Springs Gen. Hosp., Inc. v. Health Care Cost Containment Bd.

560 So. 2d 1348, 1990 Fla. App. LEXIS 3180, 1990 WL 58274

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 1739560

Published

an administrative proceeding such as this. See § 120.57(3), Fla. Stat. (1989) ("Unless precluded by law

Escobar v. Department of Professional Regulation, Board of Medicine

560 So. 2d 1355, 1990 Fla. App. LEXIS 3159, 1990 WL 58284

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 64650367

Published

Board’s order does not justify the increase under section 120.57(l)(b)10, Florida Statutes (1989).1 We disagree

Humhosco, Inc. v. DEPT. OF HEALTH & REHAB. SERVICES

561 So. 2d 388, 1990 WL 57807

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 1480481

Published

decisions subject to challenge in a de novo section 120.57 administrative hearing at which the applicant

Board of Medicine v. Mata

561 So. 2d 364, 1990 Fla. App. LEXIS 3105, 1990 WL 57791

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 64650647

Published

evidence is received after completion of a section 120.57(1) hearing on the application by a DOAH hearing

Stoneburner v. Department of Professional Regulation, Board of Optometry

571 So. 2d 6, 1990 Fla. App. LEXIS 2905, 1990 WL 52315

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 64654909

Published

record to justify its action, as required by section 120.57(l)(b)9. Therefore, the Board’s $5000 increase

South Florida Water Management District v. City of St. Cloud

555 So. 2d 1328, 1990 Fla. App. LEXIS 557, 1990 WL 6656

District Court of Appeal of Florida | Filed: Feb 1, 1990 | Docket: 64647735

Published

entered pursuant to section 120.57 of the Administrative Procedure Act. Section 120.57 provides: 120.57

New v. Department of Banking & Finance, Division of Accounting & Auditing

554 So. 2d 1203, 1989 Fla. App. LEXIS 7440, 1989 WL 155596

District Court of Appeal of Florida | Filed: Dec 29, 1989 | Docket: 64647394

Published

and owing and that she was entitled to request a § 120.57, Fla.Stat. hearing from HRS if she disagreed with

John v. Department of State, Division of Licensing

553 So. 2d 272, 14 Fla. L. Weekly 2735, 1989 Fla. App. LEXIS 6687, 1989 WL 142192

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 64646780

Published

Statutes. [[Image here]] In accordance with Section 120.57(1), Florida Statutes, prior to disposition

Zarifian v. Department of State, Division of Licensing

552 So. 2d 267, 14 Fla. L. Weekly 2617, 1989 Fla. App. LEXIS 6255, 1989 WL 135394

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646337

Published

duty to protect the property of the members. Section 120.57(1), Florida Statutes (1987) provides for a

Puckett Oil Co. v. State, Department of Environmental Regulation

549 So. 2d 720, 14 Fla. L. Weekly 2213, 1989 Fla. App. LEXIS 5728, 1989 WL 112262

District Court of Appeal of Florida | Filed: Sep 21, 1989 | Docket: 64645264

Published

(10), Fla.Stat. Puckett filed a petition for a § 120.57(1) proceeding, alleging that used oil is “petroleum”

Health Quest Corp. v. DHRS

548 So. 2d 719, 1989 WL 87556

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1333722

Published

there was no question that the petition for a section 120.57 hearing by Gulf Court was timely filed with

M.J.B. v. Department of Health & Rehabilitative Services

543 So. 2d 352, 14 Fla. L. Weekly 1151, 1989 Fla. App. LEXIS 2589, 1989 WL 48093

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 64642572

Published

not comply with essential requirements of law. § 120.57(1)(b)(10) Florida Statutes (1987); Gershanik v

Mjb v. Dept. of Hlt. & Rehab. Serv

543 So. 2d 352

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 1437398

Published

not comply with essential requirements of law. § 120.57(1)(b)(10) Florida Statutes (1987); Gershanik v

Castleman v. Office of Comptroller, Department of Banking & Finance, Division of Securities & Investor Protection

538 So. 2d 1365, 14 Fla. L. Weekly 551, 1989 Fla. App. LEXIS 1011, 1989 WL 15936

District Court of Appeal of Florida | Filed: Feb 28, 1989 | Docket: 64640724

Published

business repute.1 Castleman then petitioned for a section 120.57(1) hearing, which was conducted on August 20

Lombillo v. Department of Professional Regulation

537 So. 2d 1079, 14 Fla. L. Weekly 236, 1989 Fla. App. LEXIS 243, 1989 WL 3891

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 64640172

Published

the Board complied with the requirements of section 120.57(l)(b)(10), Florida Statutes, with its recitation

White Construction Co. v. State, Department of Transportation

535 So. 2d 684, 14 Fla. L. Weekly 33, 1988 Fla. App. LEXIS 5721, 1988 WL 138526

District Court of Appeal of Florida | Filed: Dec 22, 1988 | Docket: 64639264

Published

for that of the hearing officer contrary to section 120.57(1)(b)(10), Florida Statutes (1987). See Florida

Scharrer v. Department of Professional Regulation, Division of Real Estate

536 So. 2d 320, 14 Fla. L. Weekly 16, 1988 Fla. App. LEXIS 5649, 1988 WL 135686

District Court of Appeal of Florida | Filed: Dec 20, 1988 | Docket: 64639495

Published

be*321half at a convenient time and place. See § 120.57(2)(a)(2), Fla.Stat. (1985). The appellant was

U.S. Sprint Communications Co. v. Nichols

534 So. 2d 698, 13 Fla. L. Weekly 705, 1988 Fla. LEXIS 1293, 1988 WL 131572

Supreme Court of Florida | Filed: Dec 8, 1988 | Docket: 64638878

Published

to a hearing regarding order number 16687. Section 120.-57(1), Florida Statutes (1985), requires an agency

Florida Department of Professional Regulation v. Baggett

535 So. 2d 319, 13 Fla. L. Weekly 2654, 1988 Fla. App. LEXIS 5459, 1988 WL 130073

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 64639174

Published

for that of the hearing officer’s contrary to section 120.57(1)(b)(10), Florida Statutes (1987). Heifetz

Dennis v. Redouty

534 So. 2d 756, 1988 WL 120705

District Court of Appeal of Florida | Filed: Nov 15, 1988 | Docket: 1296126

Published

placements. A hearing *757 was held pursuant to section 120.57(1), Florida Statutes, and in each instance

Kelly v. Criminal Justice Standards & Training Commission

533 So. 2d 855, 13 Fla. L. Weekly 2380, 1988 Fla. App. LEXIS 4670, 1988 WL 110258

District Court of Appeal of Florida | Filed: Oct 25, 1988 | Docket: 64638536

Published

argued that the commission’s order violated section 120.57(l)(b)10., Florida Statutes (1987), in that

State, Department of Administration, Division of Retirement v. University of Florida

531 So. 2d 377, 13 Fla. L. Weekly 2134, 1988 Fla. App. LEXIS 4053, 1988 WL 93290

District Court of Appeal of Florida | Filed: Sep 13, 1988 | Docket: 64637135

Published

is held, it shall be conducted pursuant to Section 120.57 on an expedited basis, or as otherwise agreed

Caber Systems, Inc. v. Department of General Services

530 So. 2d 325, 13 Fla. L. Weekly 1658, 1988 Fla. App. LEXIS 3072, 1988 WL 72168

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64636685

Published

“7. A formal administrative proceeding under Section 120.57(1), Florida Statutes (Supp.1986), arising out

Lujan v. Department of Professional Regulation, Board of Medicine

528 So. 2d 27, 13 Fla. L. Weekly 1314, 1988 Fla. App. LEXIS 2193, 1988 WL 53057

District Court of Appeal of Florida | Filed: May 31, 1988 | Docket: 64635864

Published

Regulation, 475 So.2d 1277, 1281 (Fla. 1st DCA 1985); § 120.57(1)(b)(9), Fla.Stat. (1985), and (2) the Board

Truman Annex Co. v. Florida Keys Aqueduct Authority

526 So. 2d 724, 13 Fla. L. Weekly 1202, 1988 Fla. App. LEXIS 2062, 1988 WL 47488

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 64635291

Published

sought an administrative hearing pursuant to Section 120.57 or filed suit in circuit court. See Occidental

Beverly Enterprises-Florida, Inc. v. Department of Health & Rehabilitative Services

527 So. 2d 218, 13 Fla. L. Weekly 1066, 1988 Fla. App. LEXIS 1843, 1988 WL 43410

District Court of Appeal of Florida | Filed: May 4, 1988 | Docket: 64635622

Published

for a formal administrative hearing pursuant to § 120.57(1), Florida Statutes, to contest HRS’ denial of

Manasota Osteopathic General Hospital, Inc. v. State, Department of Health & Rehabilitative Services

523 So. 2d 710, 13 Fla. L. Weekly 857, 1988 Fla. App. LEXIS 1450, 1988 WL 31710

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 64634197

Published

proposed agency action and petitioned for a Section 120.57(1) hearing, did the Department hold a hearing

Department of Professional Regulation v. Stern

522 So. 2d 77, 13 Fla. L. Weekly 581, 1988 Fla. App. LEXIS 852, 1988 WL 17829

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 64633563

Published

granted a hearing on the complaint pursuant to Section 120.57, Florida Statutes (1983), which hearing was

Vines v. Florida Unemployment Appeals Commission

520 So. 2d 309, 1988 Fla. App. LEXIS 494, 1988 WL 8410

District Court of Appeal of Florida | Filed: Feb 9, 1988 | Docket: 64632749

Published

PER CURIAM. Affirmed. § 120.57(1)(b)(9), Fla.Stat. (1985); Heifetz v. Department of Business Regulation

Decola v. Castor

519 So. 2d 709, 13 Fla. L. Weekly 362, 1988 Fla. App. LEXIS 418, 1988 WL 7072

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64632521

Published

(EPC) following an informal proceeding under section 120.57(2), Florida Statutes (Supp. 1986). We affirm

Signal Applied Technologies, Inc. v. Finley

519 So. 2d 64, 1988 WL 4381

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632198

Published

draw legal conclusions from the evidence, section 120.-57(l)(b)(9), Florida Statutes (1985), and was

American Ins. Ass'n v. Dept. of Ins.

518 So. 2d 1342, 13 Fla. L. Weekly 21, 1987 Fla. App. LEXIS 11843, 1987 WL 31983

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 1778424

Published

with the Department for a proceeding pursuant to § 120.57, Fla. Stat. Several insurance associations and

Nest v. Department of Professional Regulation, Board of Medicine

522 So. 2d 857, 12 Fla. L. Weekly 2908, 1987 Fla. App. LEXIS 11725, 1987 WL 3216

District Court of Appeal of Florida | Filed: Dec 18, 1987 | Docket: 64633819

Published

entitled to an award of attorney fees pursuant to Section 120.-57(l)(b)9, Florida Statutes (1985), for all proceedings

Halpin v. Florida Unemployment Appeals Commission

516 So. 2d 1027, 12 Fla. L. Weekly 2742, 1987 Fla. App. LEXIS 11318, 1987 WL 2221

District Court of Appeal of Florida | Filed: Dec 4, 1987 | Docket: 64631500

Published

Guerra, the claimant had not been provided the section 120.57(l)(b)2.d “statement of the matters asserted

Varney v. Florida Real Estate Commission

515 So. 2d 383, 12 Fla. L. Weekly 2601, 1987 Fla. App. LEXIS 10982

District Court of Appeal of Florida | Filed: Nov 12, 1987 | Docket: 64630856

Published

had a substantial interest that was affected. Section 120.57(2), Florida Statutes (1985) provides: INFORMAL

Varney v. Florida Real Estate Commission

515 So. 2d 383, 12 Fla. L. Weekly 2601, 1987 Fla. App. LEXIS 10982

District Court of Appeal of Florida | Filed: Nov 12, 1987 | Docket: 64630856

Published

had a substantial interest that was affected. Section 120.57(2), Florida Statutes (1985) provides: INFORMAL

Alterman Transport Lines, Inc. v. Department of Transportation

519 So. 2d 1005, 12 Fla. L. Weekly 2568, 1987 Fla. App. LEXIS 10916, 1987 WL 1328

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64632610

Published

then requested a formal hearing pursuant to Section 120.57, Florida Statutes, and the matter was referred

Boca Raton Artificial Kidney Center, Inc. v. Department of Health & Rehabilitative Services

514 So. 2d 1114, 1987 Fla. App. LEXIS 10646, 12 Fla. L. Weekly 2450

District Court of Appeal of Florida | Filed: Oct 22, 1987 | Docket: 64630652

Published

attorney’s fees under section 120.57(l)(b)10 Fla.Stat. (1986 Supp.) Section 120.57(l)(b)10 authorizes granting

Turlington v. Jacobson

514 So. 2d 1113, 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10690

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630651

Published

a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. *1114The question to

Anonymous Bank v. Florida Department of Banking & Finance

512 So. 2d 1112, 12 Fla. L. Weekly 2298, 1987 Fla. App. LEXIS 10348

District Court of Appeal of Florida | Filed: Sep 22, 1987 | Docket: 64629625

Published

could secure an immediate hearing pursuant to Section 120.57, Florida Statutes (1985), or that it could

State, Department of Administration, Division of Retirement v. Miranda

513 So. 2d 170, 12 Fla. L. Weekly 2135, 1987 Fla. App. LEXIS 12155

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 64629766

Published

of Administrative Hearings (DOAH) seeking a Section 120.57 hearing under the Administrative Procedure

Morgan v. Richey

510 So. 2d 1146, 12 Fla. L. Weekly 1929, 1987 Fla. App. LEXIS 9756

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628772

Published

request for a formal hearing as provided by section 120.57, Florida Statutes (1985). We reverse. Morgan

DEPT. OF PROFESSIONAL REG. v. Yolman

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

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

Published

requested an administrative hearing pursuant to section 120.57(1). Sometime after this, Yolman was convicted

Kuett v. Department of Administration, Division of Retirement

507 So. 2d 729, 12 Fla. L. Weekly 1297, 1987 Fla. App. LEXIS 8319

District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 64627350

Published

Kuett failed to demonstrate entitlement under section 120.57, Florida Statutes (Supp.1984). The remaining

Florida Hospital v. Department of Health & Rehabilitative Services

507 So. 2d 696, 12 Fla. L. Weekly 1230, 1987 Fla. App. LEXIS 8276

District Court of Appeal of Florida | Filed: May 14, 1987 | Docket: 64627332

Published

a formal administrative hearing pursuant to Section 120.57(1), Florida Statutes. Florida Hospital was

Holmes v. Department of Professional Regulation, Board of Nursing

504 So. 2d 1338, 12 Fla. L. Weekly 864, 1987 Fla. App. LEXIS 7413

District Court of Appeal of Florida | Filed: Mar 27, 1987 | Docket: 64626214

Published

compliance with the agency responsibility under section 120.57(l)(b)9 to review the complete record and state

Sheffield v. State, Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

504 So. 2d 470, 12 Fla. L. Weekly 774, 1987 Fla. App. LEXIS 7232

District Court of Appeal of Florida | Filed: Mar 16, 1987 | Docket: 64626002

Published

determination that the violation did occur.” Section 120.57(l)(b)8, Florida Statutes, requires the hearing

Zaldivar v. Department of Professional Regulation, Board of Medical Examiners

503 So. 2d 432, 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 11997

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625455

Published

the order of revocation is defective under Section 120.57(l)(b)(9), Florida Statutes (1985), because

Wohlrabe v. State Department of Professional Regulation, Board of Medical Examiners

508 So. 2d 372, 1987 Fla. App. LEXIS 7022, 12 Fla. L. Weekly 649

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 64627778

Published

hearing held before the board as provided in section 120.57, Florida Statutes (1985). We have reviewed

Kelly v. State, Department of Health & Rehabilitative Services

502 So. 2d 42, 12 Fla. L. Weekly 321, 1987 Fla. App. LEXIS 6458

District Court of Appeal of Florida | Filed: Jan 23, 1987 | Docket: 64624868

Published

Hearings after a formal hearing pursuant to section 120.57(1), Florida Statutes. Each moved the agency

Cape Cave Corp. v. State, Department of Environmental Regulation

498 So. 2d 1309, 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 64623744

Published

under section 403.412(5), Florida Statutes, and section 120.57(l)(b), Florida Statutes. The Department’s petition

Redfern v. Department of Professional Regulation

498 So. 2d 1313, 11 Fla. L. Weekly 2436, 1986 Fla. App. LEXIS 10789

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 64623745

Published

the twenty days prescribed by rule. However, Section 120.57(1)(b)8, Florida Statutes, provides that “[t]he

Lafergola v. Department of Professional Regulation, Board of Nursing

497 So. 2d 709, 11 Fla. L. Weekly 2353, 1986 Fla. App. LEXIS 10498

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 64623003

Published

and requesting a formal hearing pursuant to section 120.57(1), Florida Statutes (1981). The form listed

Maravel v. Department of Professional Regulation, Board of Medical Examiners

498 So. 2d 481, 11 Fla. L. Weekly 2188, 1986 Fla. App. LEXIS 10214

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64623454

Published

have been granted a formal hearing pursuant to Section 120.57(1), Florida Statutes, because there were facts

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

496 So. 2d 164, 11 Fla. L. Weekly 2009, 1986 Fla. App. LEXIS 9802

District Court of Appeal of Florida | Filed: Sep 18, 1986 | Docket: 64622341

Published

Greynolds requested a formal hearing pursuant to Section 120.57(1), Florida Statutes. Greynolds’ petition for

Friends of the Everglades, Inc. v. State, Department of Community Affairs

494 So. 2d 262, 11 Fla. L. Weekly 1916, 1986 Fla. App. LEXIS 9613

District Court of Appeal of Florida | Filed: Sep 9, 1986 | Docket: 64621682

Published

formal administrative hearing filed pursuant to section 120.57(1), Florida Statutes (1983). The issue is whether

Lamphier v. Florida Board of Medical Examiners

492 So. 2d 481, 11 Fla. L. Weekly 1784, 1986 Fla. App. LEXIS 9347

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 64620978

Published

instructions that English was to be afforded a section 120.57 hearing if disputed issues of material fact

Florida League of Hospitals v. Hospital Cost Containment Board, Department of Insurance

492 So. 2d 431, 11 Fla. L. Weekly 1618, 1986 Fla. App. LEXIS 9105

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 64620957

Published

denominates “final agency action”; a proceeding under Section 120.57(1) generates a recommended order with findings

Schatz v. Environmental Regulation Commission

500 So. 2d 167, 11 Fla. L. Weekly 2052, 1986 Fla. App. LEXIS 8678

District Court of Appeal of Florida | Filed: Jun 30, 1986 | Docket: 64624086

Published

Regulation (DER) dated March 1, 1985, denying a Section 120.57 hearing. At issue are the procedural requirements

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

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

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

Published

in that case had not “waived any rights to a Section 120.57 hearing” as Greynolds allegedly has. This argument

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

489 So. 2d 789, 11 Fla. L. Weekly 1119, 1986 Fla. App. LEXIS 7877

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 64619894

Published

for formal administrative hearing pursuant to section 120.57, Florida Statutes, both amending their applications

L.R. v. Department of State, Division of Archives History & Records Management

488 So. 2d 122, 32 Educ. L. Rep. 414, 11 Fla. L. Weekly 1063, 1986 Fla. App. LEXIS 7708

District Court of Appeal of Florida | Filed: May 6, 1986 | Docket: 64619136

Published

administrative review and formal hearing pursuant to Section 120.57, Florida Statutes (1983), of the Division’s

Thomson v. State, Department of Environmental Regulation

493 So. 2d 1032, 11 Fla. L. Weekly 1017, 1986 Fla. App. LEXIS 7622

District Court of Appeal of Florida | Filed: May 1, 1986 | Docket: 64621504

Published

issues of fact remained to be resolved in a section 120.57(1) formal hearing which, if resolved in appellants’

Balsam v. Department of Health & Rehabilitative Services

486 So. 2d 1341, 11 Fla. L. Weekly 876, 1986 Fla. App. LEXIS 8528

District Court of Appeal of Florida | Filed: Mar 31, 1986 | Docket: 64618754

Published

HRS does not comply with the requirements of section 120.-57(l)(b)(9), Florida Statutes (1983), that an

Martin v. Department of Professional Regulation, Board of Opticianry

485 So. 2d 39, 11 Fla. L. Weekly 706, 1986 Fla. App. LEXIS 6983

District Court of Appeal of Florida | Filed: Mar 19, 1986 | Docket: 64618078

Published

appellant. We reverse and remand. According to section 120.57(l)(b) 9, Florida Statutes (1985): *40[t]he

Florida Department of Law Enforcement, Criminal Justice Standards & Training Commission v. Dukes

484 So. 2d 645, 11 Fla. L. Weekly 639, 1986 Fla. App. LEXIS 6760

District Court of Appeal of Florida | Filed: Mar 12, 1986 | Docket: 64617886

Published

court). While an agency is permitted under section 120.57(l)(b)9 to reject a hearing officer’s conclusion

National Freight, Inc. v. State, Department of Transportation

483 So. 2d 742, 11 Fla. L. Weekly 225, 1986 Fla. App. LEXIS 5959

District Court of Appeal of Florida | Filed: Jan 20, 1986 | Docket: 64617515

Published

of its right to request a hearing pursuant to § 120.57. The letter went on to provide: This is not a

H.B.A. Corp. v. Department of Health & Rehabilitative Services

482 So. 2d 461, 11 Fla. L. Weekly 195, 1986 Fla. App. LEXIS 5968

District Court of Appeal of Florida | Filed: Jan 15, 1986 | Docket: 64617126

Published

report, HBA requested a hearing pursuant to section 120.57, Florida Statutes. At the hearing, Barry Kantrowitz

Miller v. Department of Business Regulation, Division of Hotels & Restaurants

479 So. 2d 319, 11 Fla. L. Weekly 22, 1985 Fla. App. LEXIS 17389

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 64615917

Published

affording him a formal hearing pursuant to Section 120.57(1), Florida Statutes (1983) and his request

City of Jacksonville v. St. Johns Bluff Utility Co.

480 So. 2d 130, 10 Fla. L. Weekly 2690, 1985 Fla. App. LEXIS 17186

District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 64616240

Published

appeal had expired, contrary to the requirements of § 120.57(l)(b)8 and § 120.59(4), Fla.Stat. As more fully

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

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

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

Published

for a formal administrative proceeding under section 120.57(1). However, just as the First District in

Bedi v. Department of Professional Regulation

479 So. 2d 134, 10 Fla. L. Weekly 2294, 1985 Fla. App. LEXIS 16149

District Court of Appeal of Florida | Filed: Oct 4, 1985 | Docket: 64615854

Published

review fails to give any reasons, as required by section 120.57(l)(b)9, Florida Statutes (1983), for increasing

Boca Raton Artificial Kidney Center, Inc. v. Florida Department of Health & Rehabilitative Services

475 So. 2d 260, 10 Fla. L. Weekly 1975, 1985 Fla. App. LEXIS 15558

District Court of Appeal of Florida | Filed: Aug 20, 1985 | Docket: 64614071

Published

parties to this agreement but petitioned for a Section 120.57 hearing on the issuance of the CON to West

University Community Hospital v. Department of Health & Rehabilitative Services

492 So. 2d 1339, 1985 Fla. App. LEXIS 22162

District Court of Appeal of Florida | Filed: Jul 26, 1985 | Docket: 64621226

Published

“aggrieved prevailing party” within the meaning of section 120.-57(l)(b)(9), Florida Statutes, as it existed prior

Bartecki v. Beardsley

471 So. 2d 1325, 10 Fla. L. Weekly 1563, 1985 Fla. App. LEXIS 14868

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612869

Published

any petition for a formal hearing pursuant to Section 120.57, Florida Statutes, it intended to issue a permit

Butterfield v. Department of Environmental Regulation

470 So. 2d 95, 10 Fla. L. Weekly 1403, 1985 Fla. App. LEXIS 14364

District Court of Appeal of Florida | Filed: Jun 6, 1985 | Docket: 64612432

Published

instant administrative, formal adjudication under section 120.57(1), Florida Statutes (1983). However, appellant

Bank of Central Florida v. Department of Banking and Finance

470 So. 2d 742, 10 Fla. L. Weekly 1313, 1985 Fla. App. LEXIS 14515

District Court of Appeal of Florida | Filed: May 24, 1985 | Docket: 64612553

Published

the Bank, at the request of either, a formal Section 120.57(1), Florida Statutes, hearing before an independent

Devor v. Department of Insurance

473 So. 2d 1319, 10 Fla. L. Weekly 1184, 1985 Fla. App. LEXIS 15129

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 64613591

Published

the Department without specific findings. Section 120.-57(l)(b)(9), Florida Statutes (1983). We find

Hollywood Hills Nursing Home v. Department of Health & Rehabilitative Services

468 So. 2d 1049, 10 Fla. L. Weekly 1153, 1985 Fla. App. LEXIS 13865

District Court of Appeal of Florida | Filed: May 8, 1985 | Docket: 64611967

Published

two petitions for formal hearings pursuant to section 120.57, Florida Statutes (1982). The petitions were

Mintz v. School Board of Dade County

466 So. 2d 1196, 24 Educ. L. Rep. 646, 10 Fla. L. Weekly 916, 1985 Fla. App. LEXIS 13332

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 64611172

Published

remedy of a formal hearing requested pursuant to section 120.57(1), Florida Statutes (1983), to determine her

Lucas v. Deptartment of Administration, Division of Retirement

466 So. 2d 386, 10 Fla. L. Weekly 761, 1985 Fla. App. LEXIS 13183

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 64610948

Published

Rule 22B. This holding has no effect on the Section 120.57, Florida Statutes (1981), challenge by appellant

Cianbro Corp. v. Jacksonville Transportation Authority

473 So. 2d 206, 10 Fla. L. Weekly 675, 1985 Fla. App. LEXIS 13028

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 64613393

Published

the Department of Administrative Hearings for Section 120.57(1), Florida Statutes (1983), proceedings. Similar

Cianbro Corp. v. Jacksonville Transportation Authority

473 So. 2d 206, 10 Fla. L. Weekly 675, 1985 Fla. App. LEXIS 13028

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 64613393

Published

the Department of Administrative Hearings for Section 120.57(1), Florida Statutes (1983), proceedings. Similar

Gatorland Broadcasting, Inc. v. University of Florida

468 So. 2d 242, 25 Educ. L. Rep. 717, 10 Fla. L. Weekly 237, 1985 Fla. App. LEXIS 12004

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 64611714

Published

to the administrative review provisions of section 120.57 prior to such permission to broadcast being

English v. Florida Board of Medical Examiners

461 So. 2d 200, 9 Fla. L. Weekly 2630, 1984 Fla. App. LEXIS 16496

District Court of Appeal of Florida | Filed: Dec 13, 1984 | Docket: 64608960

Published

the petition for reinstatement and request for a § 120.57 hearing. Having made this initial determination

Cordes Health Care Management Corp. v. Department of Health & Rehabilitative Services

461 So. 2d 184, 9 Fla. L. Weekly 2572, 1984 Fla. App. LEXIS 16491

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64608956

Published

issues.1 Appellants’ first issue is governed by section 120.57(l)(b)9, Florida Statutes (1983), which provides

Hasper v. Department of Labor & Employment Security, Division of Employment Security

459 So. 2d 400, 9 Fla. L. Weekly 2352, 1984 Fla. App. LEXIS 16586

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 64608275

Published

Security denying her a formal hearing pursuant to Section 120.57(1), Florida Statutes. We reverse. In December

Hasper v. Department of Labor & Employment Security, Division of Employment Security

459 So. 2d 400, 9 Fla. L. Weekly 2352, 1984 Fla. App. LEXIS 16586

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 64608275

Published

Security denying her a formal hearing pursuant to Section 120.57(1), Florida Statutes. We reverse. In December

Fun & Frolic, Inc. v. Division of Alcoholic Beverages & Tobacco

457 So. 2d 509, 9 Fla. L. Weekly 1932, 1984 Fla. App. LEXIS 14837

District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 64607394

Published

appellant assumed at the March 18th hearing. Section 120.57(3) authorizes “informal disposition ... of

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

454 So. 2d 29, 1984 Fla. App. LEXIS 14358

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606338

Published

adjustments and requested a formal hearing pursuant to § 120.57(1), Florida Statutes. Appellant also applied for

Brookwood Extended Care Centers, Inc. v. State

453 So. 2d 865, 1984 Fla. App. LEXIS 14220

District Court of Appeal of Florida | Filed: Jul 24, 1984 | Docket: 64606218

Published

administrative order by which its petition for a § 120.57(1), Florida Statutes, hearing was denied. We find

Rathmann v. Pacesetter Industries, Inc.

452 So. 2d 1091, 1984 Fla. App. LEXIS 14281

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 64605938

Published

printed record. We believe that to be error. Section 120.57(l)(b)(4), Florida Statutes (1981), provides

Highlands County Hospital District v. Department of Insurance

452 So. 2d 91, 1984 Fla. App. LEXIS 13303

District Court of Appeal of Florida | Filed: May 29, 1984 | Docket: 64605622

Published

to under the Administrative Procedure Act: a section 120.57(1) hearing following the levy of the assessments

Residential Communities of America, Inc. v. State, Department of Environmental Regulation

448 So. 2d 1155, 1984 Fla. App. LEXIS 12700

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 64604311

Published

120.68 appeal from DER’s order entered after section 120.57 proceedings before a hearing officer of the

Residential Communities of America, Inc. v. State, Department of Environmental Regulation

448 So. 2d 1155, 1984 Fla. App. LEXIS 12700

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 64604311

Published

120.68 appeal from DER’s order entered after section 120.57 proceedings before a hearing officer of the

Sol B. Corp. v. Division of Alcoholic Beverages & Tobacco

448 So. 2d 1149, 1984 Fla. App. LEXIS 12631

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 64604309

Published

record, contrary to the provisions *1150of section 120.57(l)(b)9, Florida Statutes (1983). If revocation

Reedy Creek Improvement District v. State Department of Environmental Regulation

447 So. 2d 313, 1984 Fla. App. LEXIS 11671

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 64603683

Published

notice, Reedy Creek sought a formal Section 120.57 hearing. Section 120.57(1), Florida Statutes (1981). DER

Maniglia v. Department of Professional Regulation

446 So. 2d 186, 1984 Fla. App. LEXIS 11737

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 64603264

Published

elected to have a formal hearing, pursuant to section 120.57(1), Florida Statutes, before a hearing officer

DeCarion v. Department of Environmental Regulation

445 So. 2d 619, 1984 Fla. App. LEXIS 11698

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 64603007

Published

that letter and the conclusion of a requested Section 120.57(1) proceeding; that their burden of proof is

DeCarion v. Department of Environmental Regulation

445 So. 2d 619, 1984 Fla. App. LEXIS 11698

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 64603007

Published

that letter and the conclusion of a requested Section 120.57(1) proceeding; that their burden of proof is

Omni International of Miami, Ltd. v. Department of Banking & Finance

444 So. 2d 540, 1984 Fla. App. LEXIS 11524

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 64602418

Published

plainly impermissible and must be rejected. Section 120.57(l)(b)(9), Fla.Stat. (1981); Kimball v. Hawkins

Sarasota Surf Vacation Rentals, Inc. v. Florida Department of Revenue

437 So. 2d 786, 1983 Fla. App. LEXIS 21691

District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 64599502

Published

This involves a separate formal hearing under section 120.57 when an affected party demonstrates to the

Magnolias Nursing & Convalescent Center v. Department of Health & Rehabilitative Services, Office of Licensure & Certification

438 So. 2d 421, 1983 Fla. App. LEXIS 21637

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 64599818

Published

officer erred in dismissing Magnolias’ requested Section 120.57(1) formal hearing, and in basing his order

Bass v. Gilchrist County School Board

438 So. 2d 100, 13 Educ. L. Rep. 1181, 1983 Fla. App. LEXIS 21618

District Court of Appeal of Florida | Filed: Sep 9, 1983 | Docket: 64599746

Published

that appellant concedes that no request for a Section 120.57(1) hearing was ever made below. We note, however

Tallahassee Physical Therapy & Rehabilitation Services v. State, Department of Health & Rehabilitative Services

436 So. 2d 312, 1983 Fla. App. LEXIS 20010

District Court of Appeal of Florida | Filed: Aug 5, 1983 | Docket: 64599074

Published

Department erred in denying the hearing pursuant to Section 120.57(1), Florida Statutes, requested by appellant

Muldrow v. Pinkney

436 So. 2d 288, 1983 Fla. App. LEXIS 21500

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 64599059

Published

request for an administrative hearing pursuant to Section 120.57, Florida Statutes. We affirm. The commissioner

Association of Condominiums, Inc. v. Department of Revenue

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

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

Published

to the adoption of the amendment pursuant to section 120.57(2), Florida Statutes (1981). The Department

Hodge v. Department of Professional Regulation

432 So. 2d 117, 1983 Fla. App. LEXIS 19924

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 64597266

Published

no merit in the Department’s cross-appeal. Section 120.57(l)(b)(5), Florida Statutes (1981), clearly

Juhn v. Department of Professional Regulation

431 So. 2d 190, 1983 Fla. App. LEXIS 19053

District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 64596934

Published

Juhn elected to have a hearing pursuant to Section 120.57(1), Florida Statutes (1979), before a hearing

Brevard County Sheriff's Department v. Florida Commission on Human Relations

429 So. 2d 1235, 1983 Fla. App. LEXIS 19597, 47 Fair Empl. Prac. Cas. (BNA) 67

District Court of Appeal of Florida | Filed: Mar 23, 1983 | Docket: 64596455

Published

those of the hearing officer, in violation of section 120.-57(1)(b)9, Florida Statutes (1979). See City of

Manatee County v. State, Department of Environmental Regulation

429 So. 2d 360, 1983 Fla. App. LEXIS 18784

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 64596265

Published

denying appellants an additional hearing under § 120.57, Florida Statutes, which was requested while the

FFEC-Six, Inc. v. Florida Public Service Commission

425 So. 2d 152, 1983 Fla. App. LEXIS 18428

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594642

Published

order articulate appellant’s right to request a § 120.57, Florida Statutes, hearing, or the applicable

FFEC-Six, Inc. v. Florida Public Service Commission

425 So. 2d 152, 1983 Fla. App. LEXIS 18428

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594642

Published

order articulate appellant’s right to request a § 120.57, Florida Statutes, hearing, or the applicable

Nelson v. Department of Agriculture & Consumer Services

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

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

Published

procedural rules implementing the statute,1 a section 120.57(1) hearing was conducted by a Division of Administrative

Nelson v. Florida Department of Agriculture & Consumer Services

424 So. 2d 864, 1982 Fla. App. LEXIS 21751

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 64594501

Published

was entitled to and did have the benefit of a section 120.57 hearing on *865the matters in issue. Nelson

Commission on Human Relations v. Bentley

422 So. 2d 964, 1982 Fla. App. LEXIS 21604

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593730

Published

officer to conduct section 120.57(1) proceedings leading to a recommended order, section 120.57(l)(b)8, determining

Smart v. Board of Real Estate

421 So. 2d 22, 1982 Fla. App. LEXIS 21373

District Court of Appeal of Florida | Filed: Oct 14, 1982 | Docket: 64592923

Published

is not required to make specific findings. Section 120.57(l)(b)9, Florida Statutes (1979), provides that

Marinair Freight Forward, Inc. v. Florida Department of Commerce

419 So. 2d 1136, 1982 Fla. App. LEXIS 21228

District Court of Appeal of Florida | Filed: Sep 21, 1982 | Docket: 64592237

Published

that the department failed to live up to its Section 120.57 responsibilities in this case. At the department’s

Florida Institutional Legal Services, Inc. v. Parole & Probation Commission Qualifications Committee

419 So. 2d 714, 1982 Fla. App. LEXIS 21125

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64592161

Published

or a hearing on this issue as required by Section 120.57, Florida Statutes. Appellee filed a motion

Hillsboro-Windsor Condominium Ass'n v. Department of Natural Resources

418 So. 2d 359, 1982 Fla. App. LEXIS 20820

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 64591779

Published

to appellees without affording appellant a Section 120.57 hearing under the Administrative Procedures

Department of Highway Safety & Motor Vehicles v. Fields

418 So. 2d 353, 1982 Fla. App. LEXIS 20829

District Court of Appeal of Florida | Filed: Aug 5, 1982 | Docket: 64591777

Published

this case, we remand for a hearing pursuant to Section 120.57(1), Florida Statutes (1981). See § 120.68(13)(a)(1)

Alachua County v. Florida Department of Highway Safety & Motor Vehicles

417 So. 2d 1073, 1982 Fla. App. LEXIS 20627

District Court of Appeal of Florida | Filed: Jul 29, 1982 | Docket: 64591620

Published

Florida Statutes (1979). The county, invoking Section 120.57(1), petitioned the department for a refund

General Development Utilities, Inc. v. Florida Department of Environmental Regulation

417 So. 2d 1068, 1982 Fla. App. LEXIS 20632

District Court of Appeal of Florida | Filed: Jul 29, 1982 | Docket: 64591619

Published

with a disputed issue of material fact. If section 120.57 is to be “the Act’s wider point of entry for

Courtelis Co. v. Department of Transportation

415 So. 2d 826, 1982 Fla. App. LEXIS 20360

District Court of Appeal of Florida | Filed: Jun 22, 1982 | Docket: 64590710

Published

requested an administrative hearing, pursuant to Section 120.57, Florida Statutes (1979), which occurred on

Sonny's Italian Restaurant & Pizzeria, Inc. v. State, Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

414 So. 2d 1156, 1982 Fla. App. LEXIS 20263

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590435

Published

filed within the requisite ten day period of section 120.57(l)(b)8, Fla.Stat. (1981), when measured from

Sterman v. Florida State University Board of Regents

414 So. 2d 1102, 1982 Fla. App. LEXIS 20088

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64590412

Published

correctly noted that the procedures were governed by § 120.57, Florida Statutes, § 120.54(10), Florida Statutes

Booker Creek Preservation, Inc. v. State, Department of Environmental Regulation

415 So. 2d 750, 1982 Fla. App. LEXIS 20039

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 64590675

Published

officer’s recommended order filed pursuant to Section 120.57(lXb), 4 unless the party seeking the establishment

Greene v. State Department of Natural Resources

414 So. 2d 251, 1982 Fla. App. LEXIS 20046

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64590084

Published

petition for an administrative hearing pursuant to Section 120.57(1), Florida Statutes (1979). We affirm. On

Ajax Construction, Inc. v. State, Department of Corrections

413 So. 2d 779, 1982 Fla. App. LEXIS 19593

District Court of Appeal of Florida | Filed: Apr 2, 1982 | Docket: 64589836

Published

Department of Corrections denying appellant Ajax section 120.57 proceedings on a disputed agency decision to

Burleson v. Department of Administration, Division of Personnel

410 So. 2d 581, 1982 Fla. App. LEXIS 19243

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 64588255

Published

her an opportunity to be heard pursuant to Section 120.57, Florida Statutes (1979), and we remand. We

Cagan v. Board of Real Estate

409 So. 2d 48, 1981 Fla. App. LEXIS 22049

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 64587449

Published

Proceedings involving licensing are governed by section 120.57, Florida Statutes (1979).3 Under that statute

Palm Beach County Classroom Teachers Ass'n v. School Board of Palm Beach County

406 So. 2d 1208, 1 Educ. L. Rep. 1051, 1981 Fla. App. LEXIS 21734

District Court of Appeal of Florida | Filed: Nov 25, 1981 | Docket: 64586625

Published

denying CTA’s request for a hearing pursuant to Section 120.57, Florida Statutes (1980). In 1980 the Florida

Kout v. Department of Professional Regulation, Board of Real Estate

405 So. 2d 435, 1981 Fla. App. LEXIS 21327

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 64585897

Published

of fact and accordingly must be reversed. Section 120.-57(l)(b)(9), Florida Statutes (1979); Chakford

Burgess v. Department of Commerce

400 So. 2d 1258, 1981 Fla. App. LEXIS 20297

District Court of Appeal of Florida | Filed: Jun 22, 1981 | Docket: 64583871

Published

formal administrative hearing filed with DOC. § 120.57(1), Fla.Stat. (1979). We hold that Burgess is

Proffitt v. Department of Professional Regulation, Board of Veterinary Medicine

399 So. 2d 39, 1981 Fla. App. LEXIS 19856

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 64582923

Published

discretion in determining the disciplinary penalty. § 120.57(l)(b)(9), Fla. Stat. (1979); § 120.68(10), Fla

Nute v. Florida Department of Law Enforcement

397 So. 2d 1222, 1981 Fla. App. LEXIS 19743

District Court of Appeal of Florida | Filed: May 12, 1981 | Docket: 64582468

Published

denied a hearing pursuant to the provisions of § 120.57(1), Florida Statutes. Under § 110.-205, all positions

National Advanced Systems Corp. v. School Board of Orange County

397 So. 2d 1185, 1981 Fla. App. LEXIS 19712

District Court of Appeal of Florida | Filed: May 6, 1981 | Docket: 64582454

Published

Petition for Administrative Hearing pursuant to section 120.57(1), Florida Statutes (Supp.1980), on the grounds

First National Bank of Broward County v. Lewis

397 So. 2d 416, 1981 Fla. App. LEXIS 19311

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582148

Published

constituted “informal proceedings” pursuant to Section 120.57(2), Florida Statutes (1979), and consequently

Hunter v. Florida Department of Corrections

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

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

Published

the appellant is denied party standing for a § 120.57 proceeding. See Section 120.-52(10)(d), Florida

Templeton v. Department of Highway Safety & Motor Vehicles

390 So. 2d 825, 1980 Fla. App. LEXIS 18173

District Court of Appeal of Florida | Filed: Dec 4, 1980 | Docket: 64579034

Published

18 sent the Department a letter requesting a Section 120.57 hearing, to which he was, of course, entitled

Bowling v. Florida Department of Corrections

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

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

Published

correctional institution, are denied party status to a Section 120.57 proceeding. See Section 120.52(10)(d), Florida

Bowling v. Florida Department of Corrections

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

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

Published

correctional institution, are denied party status to a Section 120.57 proceeding. See Section 120.52(10)(d), Florida

Garrido v. State

386 So. 2d 811, 1980 Fla. App. LEXIS 17326

District Court of Appeal of Florida | Filed: Jun 30, 1980 | Docket: 64577653

Published

formal hearing under § 120.57(1), rather than an informal proceeding under § 120.57(2). The only question

Jerry v. Wainwright

383 So. 2d 1110, 1980 Fla. App. LEXIS 16763

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 64576280

Published

the procedural due process requirements of Section 120.57(1), Florida Statutes. As a result of these

Baxter v. Florida Career Service Commission

380 So. 2d 1044

District Court of Appeal of Florida | Filed: Apr 17, 1980 | Docket: 64574818

Published

request for the proceeding under Florida Statutes, § 120.57, had to be made to the head of HRS rather than

School Board of Pinellas County v. Noble

384 So. 2d 205, 1980 Fla. App. LEXIS 16779

District Court of Appeal of Florida | Filed: Apr 11, 1980 | Docket: 64576451

Published

to enhance a recommended penalty is found in Section 120.57(l)(j), Florida Statutes (Supp.1974):2 It may

Peoples Bank of Indian River County v. State, Department of Banking & Finance

378 So. 2d 328, 1980 Fla. App. LEXIS 15598

District Court of Appeal of Florida | Filed: Jan 9, 1980 | Docket: 64573552

Published

University of Florida population figures. No Section 120.57 hearing was held at which the appellants could

Vey v. District III Mental Health Board

376 So. 2d 1210, 1979 Fla. App. LEXIS 16104

District Court of Appeal of Florida | Filed: Nov 8, 1979 | Docket: 64572809

Published

conducted pursuant to the procedures provided by Section 120.-57(l)(b), Florida Statutes, and before a hearing

Chestnut v. School Board of Hillsborough County

378 So. 2d 1237, 1979 Fla. App. LEXIS 15663

District Court of Appeal of Florida | Filed: Nov 2, 1979 | Docket: 64573765

Published

is entitled to the rights requested. Under section 120.57 “formal proceedings” are required, unless waived

Davis Des Rocher Sand Corp. v. Weight Review Board

376 So. 2d 402, 1979 Fla. App. LEXIS 16034

District Court of Appeal of Florida | Filed: Oct 16, 1979 | Docket: 64572594

Published

final agency action has a clear right under Section 120.57(1), Florida Statutes (1977) to ask the court

Forrester v. Career Service Commission

393 So. 2d 1, 1979 Fla. App. LEXIS 16383

District Court of Appeal of Florida | Filed: Sep 20, 1979 | Docket: 64579974

Published

of Health and Rehabilitative Services. Under F.S. 120.57, an employee whose substantial interests are

Gray v. Florida Department of Labor & Employment Security

375 So. 2d 341, 1979 Fla. App. LEXIS 15836

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 64572040

Published

adverse to the Petitioner. The provisions of Section 120.57 (Fla.Stat. 1977) apply in all proceedings in

Gray v. Florida Department of Labor & Employment Security

375 So. 2d 341, 1979 Fla. App. LEXIS 15836

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 64572040

Published

adverse to the Petitioner. The provisions of Section 120.57 (Fla.Stat. 1977) apply in all proceedings in

City of Jacksonville Beach v. Florida Public Employees Relations Commission

371 So. 2d 1045, 100 L.R.R.M. (BNA) 3024, 1979 Fla. App. LEXIS 15277

District Court of Appeal of Florida | Filed: Feb 20, 1979 | Docket: 64570597

Published

case. An evidentiary hearing is required by Section 120.57(1) where there are disputed issues of material

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

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

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

Published

“reviewable in the same way as orders entered in Section 120.57 proceedings, . .” State Dept. of Health, etc

Jess Parrish Memorial Hospital v. Florida Public Employees Relations Commission

364 So. 2d 777, 99 L.R.R.M. (BNA) 3440, 1978 Fla. App. LEXIS 17047

District Court of Appeal of Florida | Filed: Nov 6, 1978 | Docket: 64567235

Published

agency, may be answerable for such awards. Section 120.57(l)(b)(9) permits an appellate court, in the

Rogers v. State Board of Medical Examiners

364 So. 2d 1239, 1978 Fla. App. LEXIS 17093

District Court of Appeal of Florida | Filed: Oct 13, 1978 | Docket: 64567375

Published

submitted a bill in the sum of $493.60 (See F.S. 120.-57(l)(b)(6)). Upon petitioner failing to pay for

Pfeiffer v. Police Standards & Training Commission

360 So. 2d 1326, 1978 Fla. App. LEXIS 16341

District Court of Appeal of Florida | Filed: Aug 3, 1978 | Docket: 64565505

Published

his request for a formal hearing pursuant to F.S. 120.57. In 1974, petitioner was arrested for indecent

Shuler v. School Board of Liberty County

366 So. 2d 1184, 1978 Fla. App. LEXIS 17261

District Court of Appeal of Florida | Filed: Jun 9, 1978 | Docket: 64568321

Published

in failing to afford the superintendent a “section 120.57 hearing” prior to the passage of the challenged

State Department of Health & Rehabilitative Services v. Barr

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

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

Published

reviewable, in the same way as orders entered in Section 120.57 proceedings, by timely petition in a district

City of Pensacola v. Florida Public Employees Relations Commission

358 So. 2d 589, 98 L.R.R.M. (BNA) 3224, 1978 Fla. App. LEXIS 15888

District Court of Appeal of Florida | Filed: May 11, 1978 | Docket: 64564345

Published

(1977), but was subject to the requirements of Section 120.57(2), applicable to an agency determining the

Turner v. Florida State Board of Chiropractic Examiners

356 So. 2d 1315, 1978 Fla. App. LEXIS 15264

District Court of Appeal of Florida | Filed: Apr 4, 1978 | Docket: 64563730

Published

certain findings were modified as required by Section 120.-57(l)(b)(9), Florida Statutes (1975). See Moore

J. A. Jones Construction Co. v. Department of General Services

356 So. 2d 43, 1978 Fla. App. LEXIS 15517

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 64563308

Published

petitioners contended, and the hearing officer in the Section 120.57 hearing agreed, subsection (c) of the alternate

Sheffield v. Department of Highway Safety & Motor Vehicles

356 So. 2d 353, 1978 Fla. App. LEXIS 15481

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563391

Published

interests of a party are determined by an agency, Section 120.-57(l)(a), Florida Statutes (1975), provides in

Special Disability Trust Fund v. TROPICANA, ETC.

358 So. 2d 1

Supreme Court of Florida | Filed: Mar 2, 1978 | Docket: 1691018

Published

disputed issue of material fact is involved. Section 120.57, Florida Statutes (1975). Claims to workmen's

Rainey v. State, Department of Revenue

353 So. 2d 207, 1977 Fla. App. LEXIS 17206

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 64561899

Published

administrative hearing was held pursuant to F.S. 120.57. The hearing officer filed a recommended order

Fla. Interconnect Tel. v. Fla. Public Serv.

342 So. 2d 811

Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 421357

Published

notice, incidents of due process required by Section 120.57(1)(b)[1] and generally by Chapter 120, Florida

Bert Rogers Schools of Real Estate v. Florida Real Estate Commission

339 So. 2d 226, 1976 Fla. App. LEXIS 15912

District Court of Appeal of Florida | Filed: Jul 2, 1976 | Docket: 64555856

Published

Petitioner was entitled to a hearing under Fla.Stat. 120.57 and that this is the clear intendment of the

Ago

Florida Attorney General Reports | Filed: May 27, 1976 | Docket: 3255840

Published

statutorily responsible for final agency action." Section 120.57(1), F. S., governs proceedings affecting the

Ago

Florida Attorney General Reports | Filed: Jan 23, 1975 | Docket: 3255218

Published

judicial review of administrative actions. Section 120.57(1), F.S., provides for assignment, by the newly