Florida/Georgia Personal Injury & Workers Compensation

...supra, and has provided that such dates shall be binding absent good cause for exceptional circumstances. [6] The legislative history of Section 120.52(10)(d) supports our conclusion. Prior to Section 120.52(10)(d)'s introduction, the Administrative Commission had, pursuant to Section 120.63(1), temporarily exempted the Department of Corrections from the requirements of Sections 120.57, .54(3)-(6), (16), and .56, as they relate to prisoners....

...st to change his presumptive parole release date (PPRD). The Commission filed a motion to dismiss the appeal and asserts two grounds in support thereof: (1) that an order entered February 8, 1983, by the Florida Administration Commission pursuant to Section 120.63, Florida Statutes (1981), purporting to exempt from Section 120.68 review prisoner appeals from Commission actions relating to presumptive parole release dates entitles the Commission to dismissal of Section 120.68 appeals filed after...

...s in which the substantial interests of a party [that] are determined by an agency" are subject to an APA hearing by virtue of section 120.57; that an agency may be exempted in whole or in part from the APA by order of the Administration Commission, Section 120.63, Florida Statutes, and that no order exempting the Land and Water Adjudicatory Commission has ever been issued....

...That court's decision, though finding that the instant prisoner had no standing to challenge the rule, indicated that chapter 120 would apply to prisoners. The Department of Offender Rehabilitation immediately sought an exemption from the Administration Commission under section 120.63, Florida Statutes....

...[8] See Kennedy, A National Perspective of Administrative Law and the Florida Administrative Procedure Act, 3 Fla.St.U.L.Rev. 65 (1975); Levinson, The Florida Administrative Procedure Act: 1974 Revision and 1975 Amendments, 29 U.Miami L.Rev. 617 (1975). [9] 120.63 Exemption from act....

...The Department had been exempt from the act's adjudication provisions. Section 120.21(1), Fla. Stat. (1973). With the adoption of a new act on January 1, 1975, however, the Department is no longer exempt in any respect unless it applies for and obtains exemption under Section 120.63, Fla....

...section 120.57, every challenge to its decisions exempting particular activities from the dredge and fill permitting requirements. Although this may be an appropriate reason for the department to seek a legislative exemption from APA processes, see Section 120.63, Florida Statutes (1989), it is not one which the judiciary may adopt in the absence of express legislative enactment.

...rida. And the Bureau is unable to grant respondents certification, in accordance with the hearing officer's decision, without abandoning its earnestly held and contrary position, which it wishes to preserve for judicial review. Without deciding that Section 120.63 of the Administrative Procedure Act provides a remedy for the Bureau's quandary, we note that the Bureau does not claim that the Administration Commission has exempted it in these circumstances from taking final agency action to approve or disapprove the hearing officer's order....

...d in the Florida Statutes with the provisions of the APA. (F.S. (1974 Supp.) § 120.72(1)) An Agency may be exempted from the provisions of the APA only by express order of the Administration Commission and after a public hearing. (F.S. (1974 Supp.) § 120.63) It is thus significant whether the instant proceeding should have been governed by the APA as it existed in 1973 or by the revised APA....

...ent immediacy to justify a hearing; and (2) the injury is of the type that the statute pursuant to which the agency has acted is designed to protect." Fairbanks, Inc. v. State, Dept. of Transp., 635 So.2d 58, 59 (Fla. 1st DCA 1994). Florida Statutes section 120.63 permits exemptions from the APA upon application of an agency under certain circumstances, but there is no indication that the School Board was so exempt (and the charters did not include an express APA exemption)....

...mination of the charters is of a type intended to be protected by section 1002.33 where it specifically addresses the charter termination process. Furthermore, the School Board charter termination process is not expressly exempted from the APA under section 120.63, subject to an APA exception under section 120.81, or otherwise exempted by the charters in question....