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Florida Statute 120.66 | Lawyer Caselaw & Research
F.S. 120.66 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 120.66

The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
F.S. 120.66
120.66 Ex parte communications.
(1) In any proceeding under ss. 120.569 and 120.57, no ex parte communication relative to the merits, threat, or offer of reward shall be made to the agency head, after the agency head has received a recommended order, or to the presiding officer by:
(a) An agency head or member of the agency or any other public employee or official engaged in prosecution or advocacy in connection with the matter under consideration or a factually related matter.
(b) A party to the proceeding, the party’s authorized representative or counsel, or any person who, directly or indirectly, would have a substantial interest in the proposed agency action.

Nothing in this subsection shall apply to advisory staff members who do not testify on behalf of the agency in the proceeding or to any rulemaking proceedings under s. 120.54.

(2) A presiding officer, including an agency head or designee, who is involved in the decisional process and who receives an ex parte communication in violation of subsection (1) shall place on the record of the pending matter all written communications received, all written responses to such communications, and a memorandum stating the substance of all oral communications received and all oral responses made, and shall also advise all parties that such matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, if such party requests the opportunity for rebuttal within 10 days after notice of such communication. The presiding officer may, if necessary to eliminate the effect of an ex parte communication, withdraw from the proceeding, in which case the entity that appointed the presiding officer shall assign a successor.
(3) Any person who makes an ex parte communication prohibited by subsection (1), and any presiding officer, including an agency head or designee, who fails to place in the record any such communication, is in violation of this act and may be assessed a civil penalty not to exceed $500 or be subjected to other disciplinary action.
History.s. 1, ch. 74-310; s. 10, ch. 75-191; s. 12, ch. 76-131; s. 1, ch. 77-174; s. 10, ch. 78-425; s. 765, ch. 95-147; s. 33, ch. 96-159; s. 14, ch. 97-176.

F.S. 120.66 on Google Scholar

F.S. 120.66 on Casetext

Amendments to 120.66


Arrestable Offenses / Crimes under Fla. Stat. 120.66
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.66.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE- REGULAR- CYCLE REPORT., 256 So. 3d 1218 (Fla. 2018)

. . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . .

SEMINOLE TRIBE OF FLORIDA v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, 230 So. 3d 544 (Fla. Dist. Ct. App. 2017)

. . . administrative law judge’s determination that each petition was untimely filed pursuant t,o section 120.66 . . .

M. DEWEY, v. VOLKSWAGEN OF AMERICA, v., 728 F. Supp. 2d 546 (D.N.J. 2010)

. . . (parts purchase) $ 120.66 Expenses of Genova, Burns, & Vernoia (photocopying, telephone, travel) $ 1,989.34 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 894 So. 2d 202 (Fla. 2005)

. . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 827 So. 2d 888 (Fla. 2002)

. . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 780 So. 2d 834 (Fla. 2000)

. . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . .

LANOUE, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 751 So. 2d 94 (Fla. Dist. Ct. App. 1999)

. . . See § 120.66(4)(a), Fla. . . .

GTECH CORPORATION, v. STATE DEPARTMENT OF LOTTERY, 737 So. 2d 615 (Fla. Dist. Ct. App. 1999)

. . . See § 120.66(1), Fla. Stat. (1997). . . .

AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE a AND ADOPTION OF FLORIDA RULE OF APPELLATE PROCEDURE, 681 So. 2d 1132 (Fla. 1996)

. . . notice of submission to all parties, except communications by advisory staff as permitted under section 120.66 . . .

CITIZENS OF STATE OF FLORIDA, v. M. BEARD,, 613 So. 2d 403 (Fla. 1992)

. . . both parties offered differing interpretations of what is meant by sections 120.57(l)(b)(6)(g) and 120.66 . . .

CITIZENS OF STATE OF FLORIDA, v. McK. WILSON,, 569 So. 2d 1268 (Fla. 1990)

. . . The OPC also complains that section 120.66, Florida Statutes (1989), was violated because the Commission . . .

BAYONET POINT REGIONAL MEDICAL CENTER, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 516 So. 2d 995 (Fla. Dist. Ct. App. 1987)

. . . The other issue raised and considered on appeal is whether HRS violated Section 120.66, Florida Statutes . . . of the agency’s discretionary decision, in that the remedy appears to have been provided by section 120.66 . . .

HENSHAW, v. C. KELLY,, 440 So. 2d 2 (Fla. Dist. Ct. App. 1983)

. . . Hohl, 431 So.2d 707 (Fla. 2d DCA 1983); § 120.66, Fla.Stat. (1981). . . .

Dr. REMSEN, v. UNIVERSITY OF FLORIDA,, 429 So. 2d 1228 (Fla. Dist. Ct. App. 1983)

. . . Florida Statutes (1981), by failing to rule on several of her objections; and (4) violated Section 120.66 . . . Consequently, the University is not bound by Sections 120.-57(1)(b)9, 120.59(1)(b), 120.59(2), or 120.66 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. S. McATEER, 370 So. 2d 55 (Fla. Dist. Ct. App. 1979)

. . . clarification of the Commission’s order is clearly an ex parte communication which is proscribed by F.S. 120.66 . . . F.S. 120.66(1) provides that in any proceeding under the Administrative Procedures Act no ex parte communication . . .

CHATHAM S. CONDOMINIUM ASSOCIATION v. CENTURY UTILITIES,, 46 Fla. Supp. 205 (Fla. P.S.C. 1977)

. . . Section 120.66, Florida Statutes (1976 Supp.) prohibits ex parte communications of the nature herein . . .

APSCHNIKAT v. UNITED STATES, 421 F.2d 910 (6th Cir. 1970)

. . . signing the Acceptance of the following Offer: I will pay $100.00 per share for the preferred stock and $120.66 . . . claim for distribution of earnings, upon being tendered $100.00 per share for our preferred stock and $120.66 . . .