Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 120.68 | Lawyer Caselaw & Research
F.S. 120.68 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 120.68

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. 120.68
120.68 Judicial review.
(1)(a) A party who is adversely affected by final agency action is entitled to judicial review.
(b) A preliminary, procedural, or intermediate order of the agency or of an administrative law judge of the Division of Administrative Hearings is immediately reviewable if review of the final agency decision would not provide an adequate remedy.
(2)(a) Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing a notice of appeal or petition for review in accordance with the Florida Rules of Appellate Procedure within 30 days after the rendition of the order being appealed. If the appeal is of an order rendered in a proceeding initiated under s. 120.56, the agency whose rule is being challenged shall transmit a copy of the notice of appeal to the committee.
(b) When proceedings under this chapter are consolidated for final hearing and the parties to the consolidated proceeding seek review of final or interlocutory orders in more than one district court of appeal, the courts of appeal are authorized to transfer and consolidate the review proceedings. The court may transfer such appellate proceedings on its own motion, upon motion of a party to one of the appellate proceedings, or by stipulation of the parties to the appellate proceedings. In determining whether to transfer a proceeding, the court may consider such factors as the interrelationship of the parties and the proceedings, the desirability of avoiding inconsistent results in related matters, judicial economy, and the burden on the parties of reproducing the record for use in multiple appellate courts.
(3) The filing of the petition does not itself stay enforcement of the agency decision, but if the agency decision has the effect of suspending or revoking a license, supersedeas shall be granted as a matter of right upon such conditions as are reasonable, unless the court, upon petition of the agency, determines that a supersedeas would constitute a probable danger to the health, safety, or welfare of the state. The agency also may grant a stay upon appropriate terms, but, whether or not the action has the effect of suspending or revoking a license, a petition to the agency for a stay is not a prerequisite to a petition to the court for supersedeas. In any event the court shall specify the conditions, if any, upon which the stay or supersedeas is granted.
(4) Judicial review of any agency action shall be confined to the record transmitted and any additions made thereto in accordance with paragraph (7)(a).
(5) The record for judicial review shall be compiled in accordance with the Florida Rules of Appellate Procedure.
(6)(a) The reviewing court’s decision may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is appropriate irrespective of the original form of the petition. The court may:
1. Order agency action required by law; order agency exercise of discretion when required by law; set aside agency action; remand the case for further agency proceedings; or decide the rights, privileges, obligations, requirements, or procedures at issue between the parties; and
2. Order such ancillary relief as the court finds necessary to redress the effects of official action wrongfully taken or withheld.
(b) If the court sets aside agency action or remands the case to the agency for further proceedings, it may make such interlocutory order as the court finds necessary to preserve the interests of any party and the public pending further proceedings or agency action.
(7) The court shall remand a case to the agency for further proceedings consistent with the court’s decision or set aside agency action, as appropriate, when it finds that:
(a) There has been no hearing prior to agency action and the reviewing court finds that the validity of the action depends upon disputed facts;
(b) The agency’s action depends on any finding of fact that is not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 and 120.57; however, the court shall not substitute its judgment for that of the agency as to the weight of the evidence on any disputed finding of fact;
(c) The fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure;
(d) The agency has erroneously interpreted a provision of law and a correct interpretation compels a particular action; or
(e) The agency’s exercise of discretion was:
1. Outside the range of discretion delegated to the agency by law;
2. Inconsistent with agency rule;
3. Inconsistent with officially stated agency policy or a prior agency practice, if deviation therefrom is not explained by the agency; or
4. Otherwise in violation of a constitutional or statutory provision;

but the court shall not substitute its judgment for that of the agency on an issue of discretion.

(8) Unless the court finds a ground for setting aside, modifying, remanding, or ordering agency action or ancillary relief under a specified provision of this section, it shall affirm the agency’s action.
(9) A petition challenging an agency rule as an invalid exercise of delegated legislative authority shall not be instituted pursuant to this section, except to review an order entered pursuant to a proceeding under s. 120.56 or s. 120.57(1)(e)1. or (2)(b) or an agency’s findings of immediate danger, necessity, and procedural fairness prerequisite to the adoption of an emergency rule pursuant to s. 120.54(4), unless the sole issue presented by the petition is the constitutionality of a rule and there are no disputed issues of fact.
(10) If an administrative law judge’s final order depends on any fact found by the administrative law judge, the court shall not substitute its judgment for that of the administrative law judge as to the weight of the evidence on any disputed finding of fact. The court shall, however, set aside the final order of the administrative law judge or remand the case to the administrative law judge, if it finds that the final order depends on any finding of fact that is not supported by competent substantial evidence in the record of the proceeding.
History.s. 1, ch. 74-310; s. 13, ch. 76-131; s. 38, ch. 77-104; s. 1, ch. 77-174; s. 11, ch. 78-425; s. 4, ch. 84-173; s. 7, ch. 87-385; s. 36, ch. 90-302; s. 6, ch. 91-30; s. 1, ch. 91-191; s. 10, ch. 92-166; s. 35, ch. 96-159; s. 15, ch. 97-176; s. 8, ch. 2003-94; s. 5, ch. 2016-116.

F.S. 120.68 on Google Scholar

F.S. 120.68 on Casetext

Amendments to 120.68


Arrestable Offenses / Crimes under Fla. Stat. 120.68
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.68.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIAZ- RAMIREZ, M. D. v. DEPARTMENT OF HEALTH,, 275 So. 3d 799 (Fla. App. Ct. 2019)

. . . See § 120.68(1)(a), Fla. . . .

HALL, L. P. N. v. DEPARTMENT OF HEALTH,, 274 So. 3d 1241 (Fla. App. Ct. 2019)

. . . Because we find no ground under section 120.68(7), Florida Statutes for setting aside the final administrative . . .

STOKES, Sr. v. DEPARTMENT OF REVENUE, 275 So. 3d 713 (Fla. App. Ct. 2019)

. . . reviews a final administrative order establishing a child support obligation in accordance with section 120.68 . . . Id. § 120.68(10) ; see Finch v. Dep't of Rev. ex rel. . . . in Hernando County, which is within the jurisdictional boundaries of this Court pursuant to section 120.68 . . .

SOUTHERN BAPTIST HOSPITAL OF FLORIDA d b a d b a d b a d b a d b a v. AGENCY FOR HEALTH CARE ADMINISTRATION, d b a d b a d b a d b a d b a v. v. d b a HCA d b a d b a d b a d b a d b a d b a d b a d b a d b a d b a JFK d b a JFK JFK d b a JFK d b a d b a d b a d b a d b a d b a d b a d b a MHT, LLC, d b a d b a a d b a d b a d b a HCA d b a d b a d b a d b a d b a PPH, LLC, d b a d b a d b a d b a LLC, d b a d b a HCA d b a HCA d b a d b a d b a HCA d b a St. d b a St. TCH, LLC, d b a d b a d b a d b a d b a v. v. d b a HCA d b a d b a d b a d b a d b a d b a d b a d b a d b a d b a JFK d b a JFK JFK d b a JFK d b a d b a d b a d b a d b a d b a d b a d b a MHT, LLC, d b a d b a a d b a d b a d b a HCA d b a d b a d b a d b a d b a PPH, LLC, d b a d b a d b a d b a LLC, d b a d b a HCA d b a HCA d b a d b a d b a HCA d b a St. d b a St. TCH, LLC, d b a d b a d b a d b a d b a d b a HCA d b a d b a d b a d b a d b a d b a d b a d b a d b a d b a JFK d b a JFK JFK d b a JFK d b a d b a d b a d b a d b a d b a d b a d b a MHT, LLC, d b a d b a a d b a d b a d b a HCA d b a d b a d b a d b a d b a PPH, LLC, d b a d b a d b a d b a LLC, d b a d b a HCA d b a HCA d b a d b a d b a HCA d b a St. d b a St. TCH, LLC, d b a d b a d b a d b a d b a v. d b a d b a d b a St. s d b a St. s St. s- St. s d b a St. s St. s d b a St. s v. CGH d b a d b a d b a d b a d b a d b a a d b a d b a St. s d b a St. s d b a v. d b a d b a d b a St. s d b a St. s St. s- St. s d b a St. s St. s d b a St. s v. CGH d b a d b a d b a d b a d b a d b a a d b a d b a St. s d b a St. s d b a v. d b a d b a d b a d b a d b a d b a d b a d b a d b a v. HMA LLC, d b a St. HMA, LLC, d b a d b a HMA, LLC, d b a HMA, LLC, d b a HMA LLC HMA, LLC, d b a HMA, LLC, d b a d b a HMA, LLC, d b a HMA, LLC, d b a HMA, LLC HMA LLC, d b a SC, LLC, d b a St. LLC, d b a HMA, LLC d b a HMA, LLC, d b a HMA, LLC LLC, d b a LLC, d b a HMA, LLC, d b a HMA, LLC, d b a v. v. HMA LLC, d b a St. HMA, LLC, d b a d b a HMA, LLC, d b a HMA, LLC, d b a HMA LLC HMA, LLC, d b a HMA, LLC, d b a d b a HMA, LLC, d b a HMA, LLC, d b a HMA, LLC HMA LLC, d b a SC, LLC, d b a St. LLC, d b a HMA, LLC, d b a HMA, LLC, d b a HMA, LLC LLC, d b a LLC, d b a HMA, LLC, d b a HMA, LLC, d b a v. d b a d b a d b a d b a d b a d b a d b a d b a v. v., 270 So. 3d 488 (Fla. App. Ct. 2019)

. . . Agency for Persons with Disabilities , 19 So.3d 1009, 1011 (Fla. 1st DCA 2009) (citing § 120.68(7), Fla . . .

M. SAFIRSTEIN, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 271 So. 3d 1178 (Fla. App. Ct. 2019)

. . . ." § 120.68(7)(b), Fla. Stat. (2012) ; see also De Groot v. . . . See § 120.68(7)(b), Fla. Stat. (2012). . . . Dep't of Health, 107 So.3d 1139, 1141 (Fla. 3d DCA 2012) ; § 120.68(7)(e), Fla. . . .

T. BREWER, LPN, v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF NURSING,, 268 So. 3d 871 (Fla. App. Ct. 2019)

. . . III Section 120.68(7)(e), Florida Statutes, requires an agency's exercise of discretion to be consistent . . . standard of review of the agency's findings of fact is that of "competent substantial evidence." § 120.68 . . . See § 120.68(6)(a) 1., Florida Statutes. B.L. Thomas, C.J., and Bilbrey, J., concur. . . .

A. W. v. HUMANA MEDICAL PLAN, INC., 270 So. 3d 400 (Fla. App. Ct. 2019)

. . . ." § 120.68(7)(c), Fla. Stat. (2018) ; see also Schrimsher v. Sch. . . . made such an election, so there has been a "material error in procedure" within the meaning of section 120.68 . . .

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. DEPARTMENT OF ECONOMIC OPPORTUNITY,, 264 So. 3d 264 (Fla. App. Ct. 2019)

. . . Prot., 714 So.2d 512, 515 (Fla. 3d DCA 1998) ) ); see also § 120.68(7)(d), Fla. Stat. (2016). . . .

STATE v. SMATHERS, II,, 264 So. 3d 256 (Fla. App. Ct. 2019)

. . . See § 120.68(1)(a), Fla. Stat. (2018) ; Fla. Dep't of Envtl. Prot. v. Fla. . . .

RECOVERY RACING, LLC, d b a Ft. LLC, d b a v. MASERATI NORTH AMERICA, INC., 261 So. 3d 600 (Fla. App. Ct. 2019)

. . . ." § 120.68(7)(d), Fla. Stat. (2017). . . .

FRS- FAST RELIABLE SEAWAY, LLC. v. BOARD OF PILOT COMMISSIONERS, 261 So. 3d 744 (Fla. App. Ct. 2018)

. . . because Petitioners are not "parties" for the purposes of final agency action review under section 120.68 . . . subject to the APA must derive from either Florida Rule of Appellate Procedure 9.030(b)(2) or section 120.68 . . . Section 120.68 This does not conclude our inquiry, though, because Article V, section 4(b)(2) of the . . . Section 120.68, in turn, expressly provides for judicial review of final agency action by the district . . . the petition for hearing, that decision shall be considered final agency action for purposes of s. 120.68 . . .

FOX, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 262 So. 3d 782 (Fla. App. Ct. 2018)

. . . ." § 120.68(7)(e), Fla. Stat. . . . See § 120.68(7)(e), Fla. Stat. . . .

A. WILSON, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 259 So. 3d 987 (Fla. App. Ct. 2018)

. . . Section 120.68(7)(c), Florida Statutes (2017), provides, in pertinent part, that the court shall remand . . .

CUENCA, v. STATE BOARD OF ADMINISTRATION,, 259 So. 3d 253 (Fla. App. Ct. 2018)

. . . See § 120.68(1)(a), Fla. . . . Judicial review of the State Board's final agency action is governed by section 120.68 of Florida's Administrative . . . Dep't of Health, Bd. of Med., 962 So.2d 1011 (Fla. 3d DCA 2007) ); see also § 120.68(7), Fla. . . .

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

. . . (ii) In an appeal from a rule adoption pursuant to sections 120.54 (rule adoption) and or 120.68(9), . . .

VALLS, M. D. v. DEPARTMENT OF HEALTH,, 255 So. 3d 515 (Fla. App. Ct. 2018)

. . . Stat. (2018) ; § 120.68(1) - (2), Fla. Stat. (2018) ; Fla. R. App. P. 9.100(c)(3). . . .

PATEL, v. SPECIALIZED LOAN SERVICING, LLC, L. v., 904 F.3d 1314 (11th Cir. 2018)

. . . . § 120.68(7)(e) ; cf. Nationwide Mut. Ins. Co. v. Williams , 188 So.2d 368, 372 (Fla. Dist. Ct. . . .

CITY OF WEST PALM BEACH, v. PALM BEACH COUNTY,, 253 So. 3d 623 (Fla. App. Ct. 2018)

. . . Analysis Section 120.68(7), Florida Statutes (2018), sets forth the standard of review. . . .

STANDARD, v. STATE, DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT PROGRAM, 249 So. 3d 798 (Fla. App. Ct. 2018)

. . . agency action unless Appellant shows a ground for setting such action aside, as provided by section 120.68 . . . , Florida Statutes. § 120.68(8), Fla. . . .

DEPARTMENT OF REVENUE, ON BEHALF OF MARQUEZ, v. LOPEZ,, 252 So. 3d 823 (Fla. App. Ct. 2018)

. . . See also § 120.68 and 409.2563(10)(a), Fla. Stat. . . .

FLORIDA ASSOCIATION OF HOMES AND SERVICES FOR AGING, INC. d b a v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 252 So. 3d 313 (Fla. App. Ct. 2018)

. . . See § 120.68(4), Fla. Stat.; Pinacoteca Corp. v. Dep't of Bus. . . .

ELMOUKI, v. DEPARTMENT OF TRANSPORTATION,, 251 So. 3d 290 (Fla. App. Ct. 2018)

. . . See § 120.68(2)(a), Fla. Stat. . . .

SIERRA CLUB, v. BROWN,, 243 So. 3d 903 (Fla. 2018)

. . . Graham (Citizens II ), 191 So.3d 897, 900 (Fla. 2016) ; see also § 120.68(7)(d), Fla. Stat. (2017). . . . See Citizens I , 146 So.3d at 1153 ; see also §§ 120.569(2)(l)-(m), 120.68(7)(d)-(e), Fla. . . .

CHOICE PLUS, LLC, v. DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY, 244 So. 3d 343 (Fla. App. Ct. 2018)

. . . Dep't of Health , 175 So.3d 815, 817 (Fla. 1st DCA 2015) ; see also § 120.68(7), Fla. . . .

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, d b a v. DIVISION OF ADMINISTRATIVE HEARINGS A. B. a, 243 So. 3d 985 (Fla. App. Ct. 2018)

. . . appeal ... shall be limited to review of the record, and shall otherwise proceed in accordance with s. 120.68 . . . Relevant portions of section 120.68(7) provide the relevant standards to be applied to this appeal: ( . . . The supreme court has never rejected the application of section 120.68(7) in medical malpractice binding . . . or non-economic is a question of the proper application of the statute, which we review de novo. § 120.68 . . . See § 120.68(10), Fla. Stat. . . .

K. ROBINSON, v. COMMISSION ON ETHICS,, 242 So. 3d 467 (Fla. App. Ct. 2018)

. . . : the factual findings are reviewed for competent substantial evidence, see § 120.68(7)(b), Fla. . . . 556 (Fla. 1st DCA 2007) ; and the recommended penalty is reviewed for an abuse of discretion, see § 120.68 . . . And, pursuant to section 120.68(8), the order must be affirmed "[u]nless the court finds a ground for . . . , remanding, or ordering agency action or ancillary relief under a specified provision of [ section 120.68 . . . See § 120.68(7)(b), Fla. Stat. . . .

ROLLAS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 243 So. 3d 474 (Fla. App. Ct. 2018)

. . . . § 120.68(7)(b), Fla. Stat. (2016) ; see also McCloskey v. Dep't of Fin. . . . See § 120.68(10), Fla. Stat. However, we review the agency's conclusions of law de novo. . . . . § 120.68(7)(d) ; see , e.g. , Abrams v. Seminole Cty. Sch. . . . for further proceedings consistent with this court's analysis or set aside the agency's decision. § 120.68 . . .

GOODMAN, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 238 So. 3d 102 (Fla. 2018)

. . . ANALYSIS Section 120.68(1)(a), Florida Statutes (2009), authorizes judicial review of final administrative . . . of the administrative law judge as to the weight of the evidence on any disputed finding of fact." § 120.68 . . . See § 120.68(7)(b), Fla. Stat.; Dep't of Health v. Bayfront Med. . . . of the administrative law judge as to the weight of the evidence on any disputed finding of fact. § 120.68 . . .

DELGADO, D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 237 So. 3d 432 (Fla. App. Ct. 2018)

. . . See § 120.68(7)(c), Fla. Stat. (2016). . . .

K. M. v. FLORIDA DEPARTMENT OF HEALTH,, 237 So. 3d 1084 (Fla. App. Ct. 2017)

. . . IMC Phosphates Co., 18 So.3d 1079, 1082 (Fla. 2d DCA 2009) (citing § 120.68(7)(b), Fla. . . . of the administrative law judge as to the weight of the evidence on any disputed finding of fact." § 120.68 . . . administrative law judge as to the weight of the evidence on any disputed finding of fact.' " (quoting § 120.68 . . .

HERNANDEZ, v. GUERRA, 230 So. 3d 514 (Fla. Dist. Ct. App. 2017)

. . . Section 120.68 (10), Florida Statutes (2016), provides as follows: (10) If an administrative law -judge . . .

BROWNSVILLE MANOR, LP, v. REDDING DEVELOPMENT PARTNERS, LLC, HTG LLC, I JIC LLC, RST, LP,, 224 So. 3d 891 (Fla. Dist. Ct. App. 2017)

. . . Analysis This Court’s review of final agency action arising from a bid protest is governed by section 120.68 . . . Section 120.68(7) gives the Court statutory authprity to, among other things, remand or set aside agency . . .

PINNACLE HOUSING GROUP, LLC, v. FLORIDA HOUSING FINANCE CORPORATION,, 239 So. 3d 722 (Fla. App. Ct. 2017)

. . . Analysis The Companies and their Principals seek review of the temporary order of suspension under section 120.68 . . .

DAVIS, v. DEPARTMENT OF REVENUE O B O BARTELL,, 221 So. 3d 790 (Fla. Dist. Ct. App. 2017)

. . . See § 120.68, Fla. Stat. (2016); Fla. R. App. P. 9.030(b)(1)(C), .110(a)(2). . . .

FLORIDA PULP AND PAPER ASSOCIATION ENVIRONMENTAL AFFAIRS, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, 223 So. 3d 417 (Fla. Dist. Ct. App. 2017)

. . . Comm’n on Ethics, 969 So.2d 553, 556 (Fla. 1st DCA 2007); § 120.68(7)(d), Fla. Stat. . . .

PAYLAN, M. D. v. DEPARTMENT OF HEALTH,, 226 So. 3d 296 (Fla. Dist. Ct. App. 2017)

. . . Dep’t of Health, Bd. of Med., 881 So.2d 682, 683 (Fla. 5th DCA 2004) (citing § 120.68(7), Fla. . . .

WEST FLAGLER ASSOCIATES, LTD. v. STATE H T, 220 So. 3d 1239 (Fla. Dist. Ct. App. 2017)

. . . Under section 120.68(7)(c), Florida Statutes, (2016), the appellate court “shall remand a case to the . . .

AMADOR, v. SCHOOL BOARD OF MONROE COUNTY,, 225 So. 3d 853 (Fla. Dist. Ct. App. 2017)

. . . We review the Board’s final order pursuant to section 120.68, Florida Statutes (2014). . . .

R. FERNANDEZ J. Sr. PLLC, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, LLC,, 223 So. 3d 1055 (Fla. Dist. Ct. App. 2017)

. . . Appellants also fail to establish any ground under section 120.68(7), Florida Statutes, upon which the . . .

MARION COUNTY, v. DEPARTMENT OF JUVENILE JUSTICE, v., 215 So. 3d 621 (Fla. Dist. Ct. App. 2017)

. . . Review in this Court was premised upon section 120.68(7), Florida Statutes, which provides that agency . . . These issues fit squarely within the grounds for relief under section 120.68(7). . . . Under section 120.68(6)(a), “[t]he reviewing court’s decision may be mandatory, prohibitory, or declaratory . . . the rights, privileges, obligations, requirements, or procedures at issue between the parties[.]” § 120.68 . . . See 120.68(7)(c), Fla. Stat. . . .

CITIZENS OF STATE v. GRAHAM,, 213 So. 3d 703 (Fla. 2017)

. . . Section 120.68(l)(a), Florida Statutes, provides: “A party who is adversely affected by final agency . . . action is entitled to judicial review.” § 120.68(l)(a), Fla. . . . Sections 120.57(l)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. . . . Judicial review proceedings under Section 120.68 similarly press for erys-talization [sic] of agency . . . See § 120.68(6)(a), Fla. Stat. (“The court may: 1. . . .

MADISON HIGHLANDS, LLC LLC, v. FLORIDA HOUSING FINANCE CORPORATION, SP LLC, LP LP,, 220 So. 3d 467 (Fla. Dist. Ct. App. 2017)

. . . .” § 120.68(7)(d), Fla. Stat. (2016). . . .

C. BAGAROTTI, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION,, 208 So. 3d 1197 (Fla. Dist. Ct. App. 2017)

. . . . § 120.68(10), Fla. Stat. (2015); Salinas v. E. Aero Marine, 908 So.2d 1169 (Fla. 3d DCA 2005). . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. SOUTH BROWARD HOSPITAL DISTRICT, d b a d b a, 206 So.3d 826 (Fla. Dist. Ct. App. 2016)

. . . appeal. “ ‘The scope of review for a petition seeking review of a non-final agency action under section 120.68 . . . See § 120.68(1), Fla. Stat.; Fla. R. App. . . .

AT T CORP. v. STATE DEPARTMENT OF MANAGEMENT SERVICES, CR MSA, LLC,, 201 So. 3d 852 (Fla. Dist. Ct. App. 2016)

. . . Judicial review of final agency action arising from a bid protest is governed- by section 120.68, Florida . . .

STASINOS, v. STATE DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION,, 209 So. 3d 18 (Fla. Dist. Ct. App. 2016)

. . . Standard of Review Section 120.68, Florida Statutes, governs appellate review of final administrative . . . generally whether the final order is supported by competent, substantial evidence in the record. § 120.68 . . . of a material error in procedure, an incorrect interpretation of law, or an abuse of discretion. §§ 120.68 . . . See § 120.68(1)-(2)(a); Sys. Mgmt. Assocs., Inc. v. Dep’t of Health & Rehab. . . .

SCHOOL BOARD OF HILLSBOROUGH COUNTY, v. TENNEY,, 210 So. 3d 130 (Fla. Dist. Ct. App. 2016)

. . . Tenney filed a petition for writ of certiorari with the circuit court pursuant to section 120.68(1), . . .

FLAGSHIP MANOR LLC, v. FLORIDA HOUSING FINANCE CORPORATION, 199 So. 3d 1090 (Fla. Dist. Ct. App. 2016)

. . . We review this case in accordance with the standards outlined in section 120.68, Florida Statutes. . . . . § 120.68(7)(d), Fla. Stat. (2015). . . .

MURCIANO, M. D. v. STATE, 208 So. 3d 130 (Fla. Dist. Ct. App. 2016)

. . . First District, treating the petition as one for review of non-final agency action pursuant to section 120.68 . . . Agency for Workforce Innovation, 85 So.3d 1139, 1142 (Fla. 3d DCA 2012) (citing section 120.68(7)(b), . . .

M. T. v. AGENCY FOR PERSONS WITH DISABILITIES,, 212 So. 3d 413 (Fla. Dist. Ct. App. 2016)

. . . We have jurisdiction pursuant to section 120.68, Florida Statutes (2015), and Florida Rule of Appellate . . .

O. OMULEPU, M. D. v. STATE DEPARTMENT OF HEALTH,, 198 So. 3d 1046 (Fla. Dist. Ct. App. 2016)

. . . See § 120.68(1), Fla. Stat. (2015); Fla, R. App. P. 9.030(b)(1)(C), 9.190(b)(2). . . . .

WEBBER, v. STATE OF FLORIDA, DEPT. OF BUSINESS AND PROFESSIONAL REGULATION,, 198 So. 3d 922 (Fla. Dist. Ct. App. 2016)

. . . .; § 120.68(l)(b), Fla. Stat. (2015); Fla. R, App. P. 9.100(a). . . .

RIVERA, v. FLORIDA COMMISSION ON ETHICS,, 195 So. 3d 1177 (Fla. Dist. Ct. App. 2016)

. . . constitutionality in the district court on the direct review to which the party is entitled under section 120.68 . . .

B. JOHNSON, v. DEPARTMENT OF CORRECTIONS,, 191 So. 3d 965 (Fla. Dist. Ct. App. 2016)

. . . The parameters of our review of administrative final orders are set out in section 120.68, Florida Statutes . . . that statute for setting aside, modifying, remanding, or ordering agency action or ancillary relief. § 120.68 . . . Accordingly, section 120.68(7)(d) is the available statutory ground for his appeal and Mr. . . .

AMERICAN HERITAGE WINDOW FASHIONS, LLC, v. DEPARTMENT OF REVENUE,, 191 So. 3d 516 (Fla. Dist. Ct. App. 2016)

. . . the agency interprets the law wrongly and the right interpretation compels a particular result, see § 120.68 . . .

D. DILLION, v. DEPARTMENT OF REVENUE,, 189 So. 3d 353 (Fla. Dist. Ct. App. 2016)

. . . .” § 120.68(7)(a), Fla. Stat. (2016); Brown v. State, Dep’t of Fin. . . .

MIAMI- DADE COUNTY, v. In FLORIDA POWER LIGHT CO., 208 So. 3d 111 (Fla. Dist. Ct. App. 2016)

. . . Florida Statute, section 120.68(7)(d) states that “[t]he court shall remand a case to the agency for . . .

GOODWIN, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, 194 So. 3d 1042 (Fla. Dist. Ct. App. 2016)

. . . See § 120.68(7)(b), Fla. Stat. (2003); Jacoby v. Fla. . . .

FLORIDA DEPARTMENT OF REVENUE, v. SEELEY, 213 So. 3d 974 (Fla. Dist. Ct. App. 2016)

. . . We have jurisdiction pursuant to § 120.68(1), Florida Statutes, Florida Rules of Appellate Procedure . . .

RIVERA, v. BOARD OF TRUSTEES OF CITY OF TAMPA S GENERAL EMPLOYMENT RETIREMENT FUND,, 189 So. 3d 207 (Fla. Dist. Ct. App. 2016)

. . . APPLICABLE TO THE PROPOSED FORFEITURE Our review of the Board’s forfeiture order is governed by section 120.68 . . . Dep’t of Health, Bd. of Med., 962 So.2d 1011, 1013 (Fla. 3d DCA 2007) (citing § 120.68(7)); see also . . . § 120.68(8) & (10). . . . jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(1)(C), section 112.3173(5)(b), and section 120.68 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PEACOCK,, 185 So. 3d 632 (Fla. Dist. Ct. App. 2016)

. . . In granting the stay, the trial court relied in part on section 120.68(3), Florida Statutes (2015), which . . .

MOBLEY, By v. STATE, 181 So. 3d 1233 (Fla. Dist. Ct. App. 2015)

. . . Agency for Persons with Disabilities, 19 So.3d 1009, 1011 (Fla. 1st DCA 2009) (citing to § 120.68(7), . . .

LUTHERAN SERVICES FLORIDA, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 199 So. 3d 286 (Fla. Dist. Ct. App. 2015)

. . . Prot., 714 So.2d 512, 515 (Fla. 3d DCA 1998); see also § 120.68(7)(b), (d), Fla. Stat. (2013). . . .

CAPITAL CITY BANK, A v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, A, 176 So. 3d 361 (Fla. Dist. Ct. App. 2015)

. . . See § 120.68(7)(b), Fla. Stat. (2014); Peace River/Manasota Regional Water Supply Auth. v. . . .

M. RIVERA, v. UNIVERSITY OF SOUTH FLORIDA ST. PETERSBURG,, 176 So. 3d 363 (Fla. Dist. Ct. App. 2015)

. . . As such, the appellate procedures described in section 120.68 of the APA do not apply. . . .

GOOTEE v. SCHOOL BOARD OF MONROE COUNTY,, 201 So. 3d 115 (Fla. Dist. Ct. App. 2015)

. . . Our own review of the resulting final administrative order is governed by section 120.68, Florida Statutes . . .

O. MURATTI- STUART, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 174 So. 3d 538 (Fla. Dist. Ct. App. 2015)

. . . Reg., 983 So.2d 45, 46 (Fla. 1st DCA 2008); § 120.68(7)(b), Fla. Stat. (2014). . . .

P. McCLOSKEY, v. DEPARTMENT OF FINANCIAL SERVICES,, 172 So. 3d 973 (Fla. Dist. Ct. App. 2015)

. . . order denying McCloskey’s application for attorney’s fees is controlled by sections 57.111(4)(d) and 120.68 . . . Accordingly, pursuant to section 120.68(6)(a) Florida Statutes (2014), we reverse the final order denying . . .

KALE, Ph. D. v. DEPARTMENT OF HEALTH,, 175 So. 3d 815 (Fla. Dist. Ct. App. 2015)

. . . State, Comm’n on Ethics, 969 So.2d 553, 556 (Fla. 1st DCA 2007); see also § 120.68(7), Fla. . . . Dep’t of Health, 943 So.2d 909, 910 (Fla. 1st DCA 2006); see also § 120.68(7), Fla. Stat. . . .

BEACH COMMUNITY BANK, v. ARNETTE, 164 So. 3d 798 (Fla. Dist. Ct. App. 2015)

. . . judicial review of a final order of the RAAC relating to reemployment assistance, is governed by section 120.68 . . . Under section 120.68(8), this court is required to affirm the agency’s action unless it finds a ground . . . grounds requiring this court to set aside, modify, remand, or order other relief, are listed in section 120.68 . . . provision of law or an exercise of discretion in violation of a statutory provision, pursuant to section 120.68 . . . No ground for reversal under section 120.68(7) has been shown. . . .

STATE Of v. MURCIANO, M. D., 163 So. 3d 662 (Fla. Dist. Ct. App. 2015)

. . . below, we treat this petition as one seeking review of non-final agency action pursuant to section 120.68 . . . because a writ of mandamus should not be issued where there is an adequate legal remedy, and section 120.68 . . . that case, the final agency decision would not provide an adequate remedy as contemplated by section 120.68 . . . “The scope of review” for a petition seeking review of non-final agency action under section 120.68(1 . . . For the foregoing reasons, we GRANT the petition pursuant to section 120.68(1) and remand the case to . . .

BISCAYNE BAY PILOTS, INC. v. FLORIDA CARIBBEAN- CRUISE ASSOCIATION,, 160 So. 3d 559 (Fla. Dist. Ct. App. 2015)

. . . court “initially treated the petition as one seeking review of non-final agency action under section 120.68 . . . should be denied, unless “review of the final agency decision would not provide an adequate remedy.” § 120.68 . . . We initially treated the petition as one seeking review of non-final agency action under section 120.68 . . .

S. C. v. AGENCY FOR PERSONS WITH DISABILITIES,, 159 So. 3d 1033 (Fla. Dist. Ct. App. 2015)

. . . Jacobs, 810 So.2d 906, 908 (Fla.2002); § 120.68(7)(d), Fla. Stat. (2013). . . . Agency for Workforce Innovation, 85 So.3d 1139 (Fla. 3d DCA 2012); §§ 120.68(7)(b), (10), Fla. . . .

SMITH, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 159 So. 3d 1017 (Fla. Dist. Ct. App. 2015)

. . . Pursuant to section 120.68(3), Florida Statutes, “[t]he filing of the petition does not itself stay enforcement . . . would constitute a “probable danger to the health, safety, or welfare to the state” pursuant to section 120.68 . . . would permit denial of the stay in every instance, effectively nullifying the stay provision of section 120.68 . . . administrative complaint, and we accordingly decline to override the automatic stay provision of section 120.68 . . .

R. MONTEAGUDO, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION,, 159 So. 3d 386 (Fla. Dist. Ct. App. 2015)

. . . .”); § 120.68(7)(b), Fla. Stat. (2014). Affirmed. . . .

Dr. TEJADA- GUIBERT, v. FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES,, 159 So. 3d 200 (Fla. Dist. Ct. App. 2015)

. . . Tejada-Guibert characterizes this correspondence as “final agency action” within the meaning of section 120.68 . . .

B. McALPIN, v. CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,, 155 So. 3d 416 (Fla. Dist. Ct. App. 2014)

. . . .” § 120.68(7)(d), Fla. Stat. (2014). . . . An ALJ’s findings of fact must be based upon competent, substantial evidence. § 120.68(7)(b), Fla. . . .

A. DIEZ, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION LLC,, 152 So. 3d 1269 (Fla. Dist. Ct. App. 2014)

. . . showing by Diez that the Commission’s interpretation of the applicable law is erroneous, see section 120.68 . . .

J. DIBBS, v. HILLSBOROUGH COUNTY, FLORIDA,, 67 F. Supp. 3d 1340 (M.D. Fla. 2014)

. . . . § 120.68(6)(a)(2), is sufficient to redress [the plaintiff] for the deprivation alleged and is sufficient . . .

FLORIDA DEPARTMENT OF HEALTH, v. D. MENDELSOHN, M. D., 150 So. 3d 1285 (Fla. Dist. Ct. App. 2014)

. . . department shall have standing to seek judicial review of any final order of the board, pursuant to s. 120.68 . . .

BRENNAN, v. CITY OF MIAMI,, 146 So. 3d 119 (Fla. Dist. Ct. App. 2014)

. . . . § 120.68, Fla. Stat. (2012). See also Braddock v. Sch. . . .

EMIDDIO, v. FLORIDA OFFICE OF FINANCIAL REGULATION,, 147 So. 3d 587 (Fla. Dist. Ct. App. 2014)

. . . State, Comm’n on Ethics, 927 So.2d 28, 26 (Fla. 4th DCA 2006) (quoting § 120.68(7)(d), Fla. . . .

CITIZENS OF STATE v. FLORIDA PUBLIC SERVICE COMMISSION,, 146 So. 3d 1143 (Fla. 2014)

. . . See §§ 120.68(7)(c) and (7)(e)l., Fla. Stat. (2012). . . . whether the Commission’s exercise of discretion was outside the range of discretion delegated to it. §§ 120.68 . . . Finally, section 120.68(1), Florida Statutes (2012), also provides that “[a] party who is adversely affected . . .

ALL SAINTS EARLY LEARNING AND COMMUNITY CARE CENTER, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 145 So. 3d 974 (Fla. Dist. Ct. App. 2014)

. . . The scope and standards for our review are governed by section 120.68, Florida Statutes. . . . Pursuant to section 120.68(8), final agency action must be affirmed unless this Court finds a ground . . . or grounds to set it aside under section 120.68(7)(a)-(7)(e). . . . Thus, the statutory ground most closely aligned with Appellant’s argument on appeal is section 120.68 . . . that DCF’s Amended Final Order does not constitute an erroneous interpretation of law under section 120.68 . . .

GOODMAN, LLC, a v. CITY OF CAPE CORAL,, 581 F. App'x 736 (11th Cir. 2014)

. . . . § 120.68, see Bd. of Cnty. Comm’rs of Brevard Cnty. v. . . .

PADRON, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, J., 143 So. 3d 1037 (Fla. Dist. Ct. App. 2014)

. . . IMC Phosphates Co., 18 So.3d 1079, 1082 (Fla. 2d DCA 2009); see also § 120.68(7)(b), Fla. . . . However, an appellate court reviews the agency’s conclusions of law de novo. § 120.68(7)(d); C.D. v. . . .

BLOXOM- WILLIAMS, v. FLORIDA PUBLIC EMPLOYEES COUNCIL AMERICAN FEDERATION OF SATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO,, 141 So. 3d 782 (Fla. Dist. Ct. App. 2014)

. . . Because the appellant has failed to establish any ground under section 120.68(7), Florida Statutes, upon . . .

WILLIAMS, v. CITY OF JACKSONVILLE,, 141 So. 3d 262 (Fla. Dist. Ct. App. 2014)

. . . Because the appellant has failed to establish any ground under section 120.68(7), Florida Statutes upon . . .

M. WINICK, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 161 So. 3d 464 (Fla. Dist. Ct. App. 2014)

. . . . § 120.68, Fla. Stat. (2012); Fla. R. App. P. 9.030(b)(1)(C). DCF’s methodology to determine Mr. . . .

M. DELONG, v. FLORIDA FISH WILDLIFE CONSERVATION COMMISSION,, 145 So. 3d 123 (Fla. Dist. Ct. App. 2014)

. . . agency’s interpretation of a statute generally is subject to de novo review by an appellate court, see § 120.68 . . .

DIAZ RUSSELL CORPORATION, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 140 So. 3d 662 (Fla. Dist. Ct. App. 2014)

. . . . § 120.68(7)(d), Fla. Stat. (2013). Our review of that interpretation is de novo. Parlato v. . . .

SOWELL, v. STATE, 136 So. 3d 1285 (Fla. Dist. Ct. App. 2014)

. . . who is adversely affected by final agency action” entitled to judicial review as allowed by section 120.68 . . . Section 120.68(1) provides that a “party who is adversely affected by final agency action is entitled . . . with the agency clerk, the property appraiser cannot seek judicial review as contemplated by section 120.68 . . .

J. J. v. AGENCY FOR PERSONS WITH DISABILITIES,, 174 So. 3d 372 (Fla. Dist. Ct. App. 2014)

. . . . § 120.68(7)(b), Fla. Stat. (2013). J.J.’s reliance on Webb v. Fla. . . .

PUTNAM COUNTY ENVIRONMENTAL COUNCIL, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 136 So. 3d 766 (Fla. Dist. Ct. App. 2014)

. . . .” § 120.68(7)(c), Fla. Stat. This acts as a harmless error rule. Carter v. . . .

Dr. FAILER, v. STATE DEPARTMENT OF HEALTH,, 139 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 120.68, Florida Statutes (2013), Dr. . . . a supersedeas would constitute a probable danger to the health, safety, or welfare of the state.” § 120.68 . . . agency to perform an action required by law or remand a matter for additional agency proceedings. § 120.68 . . . See § 120.68(3). . . .

ST. PETER S ACADEMY, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 139 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . Dep’t of Health, 778 So.2d 531, 533 (Fla. 1st DCA 2001) (referencing section 120.68(3), Florida Statutes . . .

ALACHUA COUNTY SCHOOL BOARD v. OFFICE OF STATE CHIEF FINANCIAL OFFICER FOR DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKER S COMPENSATION,, 138 So. 3d 480 (Fla. Dist. Ct. App. 2014)

. . . DFS noticed the School Board’s right to appeal to this court per § 120.68, which it did in a timely fashion . . .

FLAGSHIP LAKE COUNTY DEVELOPMENT NUMBER LLC, a v. CITY OF MASCOTTE, FLORIDA,, 559 F. App'x 811 (11th Cir. 2014)

. . . . § 120.68, which “provides for judicial review of agency actions, including a local government’s zoning . . . Stat. § 120.68, but did not. . . .

CHRISTIAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 161 So. 3d 416 (Fla. Dist. Ct. App. 2014)

. . . Furthermore, section 120.68(7)(d), Florida Statutes (2005), states that a reviewing court shall remand . . .

C. DOWDEN, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION LLC,, 132 So. 3d 1198 (Fla. Dist. Ct. App. 2014)

. . . See § 120.68(7)(d), Fla. Stat. (2012); Krulla v. . . .