CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 1250217
...Section
120.569(1), Florida Statutes (2003), explains when a proceeding under section
120.57(2) may properly be conducted: The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an *327 agency, unless the parties are proceeding under s.
120.573 or s....
...120.574. Unless waived by all parties, s.
120.57(1) applies whenever the proceeding involves a disputed issue of material fact. Unless otherwise agreed, s.
120.57(2) applies in all other cases. We are not concerned with mediation proceedings under section
120.573 or summary hearing proceedings under section
120.574....
...We, therefore, reverse the order under review and remand for proceedings pursuant to section
120.57(1). REVERSED AND REMANDED. PETERSON and MONACO, JJ., concur. NOTES [1] Both mediation proceedings and summary hearings are available if the parties agree in writing. §
120.573, Fla....