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Florida Statute 120.68 - Full Text and Legal Analysis
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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. 120.68
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

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Amendments to 120.68


Annotations, Discussions, Cases:

Cases Citing Statute 120.68

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

evidence on any disputed findings of fact." Section 120.68(10). The Department also declares the hearing

Leib v. Hillsborough County Public Transportation Commission

558 F.3d 1301, 2009 U.S. App. LEXIS 3286, 2009 WL 399990

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2009 | Docket: 1591702

Cited 135 times | Published

Administrative Procedure Act, Fla. Stat. Ann. § 120.68. Having dismissed all of Leib's federal claims

Richard L. Fowler v. Caliber Home Loans, Inc.

904 F.3d 1314

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 2018 | Docket: 7922367

Cited 93 times | Published

agency on an issue of discretion[,]" Fla. Stat. § 120.68(7)(e) ; cf. Nationwide Mut. Ins. Co. v. Williams

Albrecht v. State

444 So. 2d 8

Supreme Court of Florida | Filed: Jan 12, 1984 | Docket: 2516901

Cited 90 times | Published

pursuant to the Administrative Procedure Act, section 120.68, Florida Statutes (1981), filed a petition

Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust Fund

427 So. 2d 153, 18 ERC 2014, 18 ERC (BNA) 2014, 1982 Fla. LEXIS 2646

Supreme Court of Florida | Filed: Dec 16, 1982 | Docket: 626694

Cited 84 times | Published

to the district court of appeal pursuant to section 120.68, Florida Statutes (1975). Instead, Key Haven

Graham v. Estuary Properties, Inc.

399 So. 2d 1374, 16 ERC 1766, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20992, 16 ERC (BNA) 1766, 1981 Fla. LEXIS 2652

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 309918

Cited 65 times | Published

responsibilities and with due regard to law and due process. § 120.68(10), Fla. Stat. (1977). For the reasons stated

Sheley v. FLORIDA PAROLE COM'N

703 So. 2d 1202, 1997 Fla. App. LEXIS 14477, 1997 WL 795306

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 403760

Cited 50 times | Published

district court of appeal under the provisions of section 120.68(2), Florida Statutes. Section 120.81(3)(a)

PUBLIC EMPLOYEES REL. v. Dade County Police

467 So. 2d 987, 10 Fla. L. Weekly 221

Supreme Court of Florida | Filed: Apr 11, 1985 | Docket: 267078

Cited 49 times | Published

and policy and not a determination of fact. See § 120.68(7), Fla. Stat. (1983). We agree with the Public

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

agency's position by appropriate means, and Section 120.68 will provide judicial review in due course

SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.

773 So. 2d 594, 25 Fla. L. Weekly Fed. D 2747

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 1291621

Cited 32 times | Published

final administrative orders is authorized by section 120.68(1), Florida Statutes. The standard of review

Daniels v. Florida Parole & Probation Comm'n

401 So. 2d 1351

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1290044

Cited 32 times | Published

subsequent to Moore, by Section 120.68 of the Florida Statutes (1975). III. Section 120.68 Judicial Review Section

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

Carlton, the First District determined that Section 120.68(12), Florida Statutes (Supp. 1976), prohibits

Doyle v. FLA. UNEMP. APPEALS COM'N

635 So. 2d 1028, 1994 WL 141236

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1353452

Cited 27 times | Published

Unemployment Security, 390 So.2d 802 (Fla. 3d DCA 1980); § 120.68(10), Fla. Stat. (1991). We also acknowledge that

DEPT. OF BANKING & FIN. v. Osborne Stern

670 So. 2d 932, 1996 WL 136914

Supreme Court of Florida | Filed: Mar 28, 1996 | Docket: 1246096

Cited 25 times | Published

66 S.Ct. 809, 90 L.Ed. 1016 (1946); see also § 120.68(10), Fla.Stat. (1981). Nevertheless, parties are

Florida Hosp. v. AHCA

823 So. 2d 844

District Court of Appeal of Florida | Filed: Aug 20, 2002 | Docket: 287402

Cited 24 times | Published

interpretation compels a particular action. See § 120.68(7)(d), Fla. Stat. (1997); Southwest Fla. Water

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

subjects all agency action to judicial review. Section 120.68. We stayed the effect of the Division's order

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

subjects all agency action to judicial review. Section 120.68. We stayed the effect of the Division's order

Rothermel v. FLA. PAROLE & PROBATION COM'N

441 So. 2d 663

District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 1333163

Cited 23 times | Published

Rothermel filed a notice of appeal pursuant to Section 120.68, Florida Statutes (1981), seeking review of

DEPARTMENT OF BUSINESS REG., ETC. v. Hyman

417 So. 2d 671

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 1722125

Cited 23 times | Published

would not cause reversal unless, pursuant to section 120.68(8),[2] the delay resulted in an impairment

Griffith v. FLORIDA PAROLE & PROBATION COM'N

485 So. 2d 818, 11 Fla. L. Weekly 124, 1986 Fla. LEXIS 1797

Supreme Court of Florida | Filed: Mar 27, 1986 | Docket: 1276235

Cited 21 times | Published

presumptive parole release date (PPRD) under section 120.68, Florida Statutes (1981). Griffith *819 filed

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

review of the Board's order is governed by section 120.68, Florida Statutes (2000). See Legal Envtl.

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

by Fla. Stat. § 26.012 and those of Fla. Stat. § 120.68. Section 26.012 requires that the circuit court

LEAF v. Clark

668 So. 2d 982

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 1686967

Cited 19 times | Published

standing to appeal the Commission's decision. Section 120.68(1) sets forth the standard for judicial review

LEAF v. Clark

668 So. 2d 982

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 1686967

Cited 19 times | Published

standing to appeal the Commission's decision. Section 120.68(1) sets forth the standard for judicial review

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's existing facility in Chattahoochee. Section 120.68, Florida Statutes (Supp. 1976). The Department

Chiles v. Dept. of State, Div. of Elections

711 So. 2d 151, 1998 WL 233507

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 1338037

Cited 18 times | Published

agency action is reviewable by appeal under section 120.68(1), Florida Statutes (Supp.1996). An appellate

Hill v. Division of Retirement

687 So. 2d 1376, 1997 Fla. App. LEXIS 1407, 1997 WL 75520

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1370766

Cited 18 times | Published

Florida Rule of Appellate Procedure 9.190 and section 120.68, Florida Statutes (Supp.1996). The body of

Peoples Bank, Etc. v. State, Dept. of B. & F.

395 So. 2d 521

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 1171154

Cited 18 times | Published

review of agency action is suggested under section 120.68(8) of the Administrative Procedure Act and

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

appeals under the Administrative Procedure Act, Section 120.68. Because the motions to dismiss embrace all

FIAT MOTORS OF NORTH AM., INC. v. Calvin

356 So. 2d 908

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 1478828

Cited 18 times | Published

petition for review of preliminary agency action, Section 120.68(1), Florida Statutes (1977), Fiat Motors of

City of Plant City v. Mayo

337 So. 2d 966, 1976 Fla. LEXIS 4506, 1976 WL 352304

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 1414971

Cited 18 times | Published

Florida Statutes (1973), were "replaced" by Section 120.68, Florida Statutes (1975) to the extent of the

Yamaha International Corp. v. Ehrman

318 So. 2d 196, 1975 Fla. App. LEXIS 13800

District Court of Appeal of Florida | Filed: Aug 8, 1975 | Docket: 1739309

Cited 18 times | Published

Rules], but as amplified by the requirements of § 120.68, 1974 Supplement to Florida Statutes 1973. Although

Bennett's Leasing, Inc. v. First Street Mortgage Corp.

870 So. 2d 93, 2003 Fla. App. LEXIS 18001, 2003 WL 22768444

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1698018

Cited 17 times | Published

pragmatic approach parallels that taken by section 120.68(1), Florida Statutes (2002), which provides:

James C. Burney v. Polk Community College

728 F.2d 1374, 1984 U.S. App. LEXIS 24028, 34 Empl. Prac. Dec. (CCH) 34,295, 34 Fair Empl. Prac. Cas. (BNA) 727

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 1984 | Docket: 405520

Cited 17 times | Published

the predecessor statute to current Fla.Stat.Ann. § 120.68, “[t]he question which we must decide is whether

James C. Burney v. Polk Community College

728 F.2d 1374, 1984 U.S. App. LEXIS 24028, 34 Empl. Prac. Dec. (CCH) 34,295, 34 Fair Empl. Prac. Cas. (BNA) 727

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 1984 | Docket: 405520

Cited 17 times | Published

the predecessor statute to current Fla.Stat.Ann. § 120.68, “[t]he question which we must decide is whether

Polk v. School Bd. of Polk County

373 So. 2d 960

District Court of Appeal of Florida | Filed: Aug 10, 1979 | Docket: 1772818

Cited 17 times | Published

(Supp. 1978). We have jurisdiction pursuant to Section 120.68, Florida Statutes (Supp. 1978). The change

4245 Corp., Mother's Lounge v. Div. of Beverage

348 So. 2d 934

District Court of Appeal of Florida | Filed: Aug 10, 1977 | Docket: 1761211

Cited 17 times | Published

therefore "entitled to judicial review" under Section 120.68(1) until the agency adopts the proposed rule

Lewis v. LAKELAND HEALTH CARE CENTER

685 So. 2d 876, 1996 WL 637253

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1735081

Cited 16 times | Published

hearing using the above-stated burdens of proof. § 120.68(9)(b), Fla.Stat. (1995). See also Sheriff of Monroe

Lewis v. LAKELAND HEALTH CARE CENTER

685 So. 2d 876, 1996 WL 637253

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1735081

Cited 16 times | Published

hearing using the above-stated burdens of proof. § 120.68(9)(b), Fla.Stat. (1995). See also Sheriff of Monroe

ADAMS PACKING ASS'N, INC. v. Florida Dept. of Citrus

352 So. 2d 569

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1757609

Cited 16 times | Published

action in the district courts *571 of appeal, Section 120.68, Florida Statutes (1975), and those relating

Pinecrest Lakes, Inc. v. Shidel

795 So. 2d 191, 2001 WL 1130885

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 462204

Cited 15 times | Published

provisions of the Administrative Procedures Act. Section 120.68 generally grants parties in agency proceedings

Dept. of Env. Protection v. Pz Const.

633 So. 2d 76, 1994 WL 51852

District Court of Appeal of Florida | Filed: Feb 22, 1994 | Docket: 1296624

Cited 15 times | Published

judicial review by the supreme court is provided. § 120.68(2), Fla. Stat. (1993). [5] The dismissal shall

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

sufficiently for judicial review. Section 120.68(7). Finally, Section 120.68(12)(b) permits a reviewing court

Moreland Ex Rel. Moreland v. Agency for Persons With Disabilities

19 So. 3d 1009, 2009 Fla. App. LEXIS 12745, 2009 WL 2602298

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1651333

Cited 14 times | Published

review the ALJ's conclusions of law de novo. See § 120.68(7), Fla. Stat.; State Bd. of Trustees v. Day Cruise

Harrell v. STATE, DEPT. OF HEALTH, ETC.

361 So. 2d 715

District Court of Appeal of Florida | Filed: Feb 14, 1978 | Docket: 1288139

Cited 14 times | Published

Administrative Procedure Act, and specifically Fla. Stat. § 120.68 (Supp. 1976) governing judicial review of agency

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

Florida Administrative Procedure Act. See Fla. Stat. § 120.68. For present purposes I assume without deciding

Eight Hundred, Inc. v. FLA. DEPT. OF REV.

837 So. 2d 574, 2003 WL 291426

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 537721

Cited 13 times | Published

and quash the order. We have jurisdiction. See § 120.68(1), Fla. Stat. (2001) ("A preliminary, procedural

Life Care Centers v. Sawgrass Care Center

683 So. 2d 609, 1996 WL 669949

District Court of Appeal of Florida | Filed: Nov 21, 1996 | Docket: 466169

Cited 13 times | Published

judicial function under the review procedures of § 120.68."). See also McIntyre v. Tucker, 490 So.2d 1012

Lee v. Florida Dept. of Ins. & Treasurer

586 So. 2d 1185, 1991 Fla. App. LEXIS 9085, 1991 WL 180685

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1742448

Cited 13 times | Published

remedy, we accept jurisdiction pursuant to section 120.68(1), Florida Statutes (1989), and rule 9.100

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

court to hear administrative appeals under section 120.68, Florida Statutes (1981), emanating from decisions

Coulter v. Davin

373 So. 2d 423, 13 ERC 2064

District Court of Appeal of Florida | Filed: Jul 27, 1979 | Docket: 626697

Cited 13 times | Published

Procedure Act, Chapter 120, Florida Statutes. Section 120.68 provides for review of final agency action

Bio-Medical Applications of Clearwater, Inc. v. DEPT. OF HEALTH & REHABILITATIVE SERV.

370 So. 2d 19

District Court of Appeal of Florida | Filed: Feb 23, 1979 | Docket: 1386275

Cited 13 times | Published

its petition in this court, as provided in Section 120.68, Florida Statutes (1977), for review of the

STATE, DEPT. OF HEALTH, ETC. v. Alice P.

367 So. 2d 1045

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 1697773

Cited 13 times | Published

Chief Judge. By Petition for Review Pursuant to F.S. 120.68 and Rule 4.5(c) Fla.App.R., the State of Florida

Sarnoff v. FLA. DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES

825 So. 2d 351, 27 Fla. L. Weekly Supp. 693, 2002 Fla. LEXIS 1752, 2002 WL 1926598

Supreme Court of Florida | Filed: Aug 22, 2002 | Docket: 1691261

Cited 12 times | Published

judge's order in the district court of appeal. See § 120.68, Fla. Stat. (2001). Thus, petitioners' argument

Gugelmin v. ADMINISTRATIVE HEARINGS

815 So. 2d 764, 2002 WL 885235

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1278051

Cited 12 times | Published

the ALJ's correct statements of the law. As section 120.68(1), Florida Statutes *767 (2000), limits the

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

So.2d 912, 916 (Fla. 1957). Appellate Court Section 120.68, Florida Statutes (Supp.1996), provides the

Fla. Admin. Com'n v. Dist. Court of Appeal

351 So. 2d 712

Supreme Court of Florida | Filed: Oct 14, 1977 | Docket: 1246721

Cited 12 times | Published

seeking review of final agency action under Section 120.68, Florida Statutes (1975). Their petitions were

Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION

813 So. 2d 155, 2002 WL 385000

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1403580

Cited 11 times | Published

interpretation of the law is clearly erroneous. See § 120.68(7), (10), Fla. Stat. (1997); Carreras v. Fla.

Charlotte Cty. v. Gen. Develop. Utilities

653 So. 2d 1081, 1995 WL 214970

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 552023

Cited 11 times | Published

of preliminary agency action as provided by section 120.68(1), Florida Statutes, to review an order of

Smith v. DEPARTMENT OF HEALTH AND REHAB. SERV.

522 So. 2d 956, 1988 WL 23005

District Court of Appeal of Florida | Filed: Mar 18, 1988 | Docket: 1660887

Cited 11 times | Published

§ 273.16(e)(4) (1986), in pertinent part. Section 120.68(13)(a), Florida Statutes, allows this court

Symons v. STATE, DEPT. OF BANKING AND FINANCE

490 So. 2d 1322, 11 Fla. L. Weekly 1436, 1986 Fla. App. LEXIS 8602

District Court of Appeal of Florida | Filed: Jun 27, 1986 | Docket: 1743152

Cited 11 times | Published

of fact without a hearing. Brookwood at 866. Section 120.68(6), Florida Statutes (1985), provides that

Symons v. STATE, DEPT. OF BANKING AND FINANCE

490 So. 2d 1322, 11 Fla. L. Weekly 1436, 1986 Fla. App. LEXIS 8602

District Court of Appeal of Florida | Filed: Jun 27, 1986 | Docket: 1743152

Cited 11 times | Published

of fact without a hearing. Brookwood at 866. Section 120.68(6), Florida Statutes (1985), provides that

Erber v. Federal Express Corporation

409 So. 2d 522

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1525443

Cited 11 times | Published

unemployment compensation. We have jurisdiction under section 120.68(2), Florida Statutes (1981), and we reverse

Carrollwood State Bank v. Lewis

362 So. 2d 110

District Court of Appeal of Florida | Filed: Aug 22, 1978 | Docket: 1363138

Cited 11 times | Published

Carrollwood's rights in the proceeding and under F.S. 120.68. Such final action was subject to judicial review

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

review, result in the relief authorized by Section 120.68(13): an order requiring or setting aside agency

Florida Home Builders Ass'n v. Division of Labor

355 So. 2d 1245

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 1360305

Cited 11 times | Published

parties adversely affected by the emergency rule. § 120.68(1), Fla. Stat. (Supp. 1976). The emergency rule

Peace River/Manasota Regional Water Supply Authority v. IMC Phosphates Co.

18 So. 3d 1079, 2009 Fla. App. LEXIS 1062, 2009 WL 331660

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1640493

Cited 10 times | Published

supported by competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); see also Pauline v.

Peace River/Manasota Regional Water Supply Authority v. IMC Phosphates Co.

18 So. 3d 1079, 2009 Fla. App. LEXIS 1062, 2009 WL 331660

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1640493

Cited 10 times | Published

supported by competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); see also Pauline v.

ENVIRONMENTAL CONFED. OF SOUTHWEST FL., INC. v. IMC Phosphates, Inc.

857 So. 2d 207, 2003 WL 21755058

District Court of Appeal of Florida | Filed: Oct 28, 2003 | Docket: 1737464

Cited 10 times | Published

before the agency. We reject this argument. Section 120.68(1), Florida Statutes (2002) states that "[a]

Florida Dept. of Agriculture & Consumer Services v. CITY OF POMPANA BEACH

792 So. 2d 539, 2001 WL 770096

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1735340

Cited 10 times | Published

IFOs issued by the Department. They argue that section 120.68, Florida Statutes (2000), *545 does not provide

Castillo v. Department of Administration, Division of Retirement

593 So. 2d 1116, 1992 Fla. App. LEXIS 635, 1992 WL 16016

District Court of Appeal of Florida | Filed: Jan 31, 1992 | Docket: 1508922

Cited 10 times | Published

dismissed appellant's petition as untimely. Under section 120.68(6), Florida Statutes (1989): When there has

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

is it intermediate action cognizable under Section 120.68(1). Corn v. Department of Legal Affairs, 368

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

Appellate Procedure, in resolving this dispute.[1] Section 120.68(5)(a), Florida Statutes (1985), provides that

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

by the department depends on disputed facts.[1] § 120.68(6), Florida Statutes (1983). The order in question

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

by the department depends on disputed facts.[1] § 120.68(6), Florida Statutes (1983). The order in question

Criterion Ins. Co. v. ST. DEPT. OF INS

458 So. 2d 22

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 1733151

Cited 10 times | Published

decision would not provide an adequate remedy." Section 120.68(1), Fla. Stat. This statement becomes all the

STATE, COM'N ON ETHICS v. Sullivan

430 So. 2d 928

District Court of Appeal of Florida | Filed: Apr 19, 1983 | Docket: 1508842

Cited 10 times | Published

Section 99.012(7). On 12 June 1981, pursuant to Section 120.68(1), Florida Statutes, Wilma and John filed

Robinson v. Department of Health

89 So. 3d 1079, 2012 WL 2053298, 2012 Fla. App. LEXIS 9183

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60308525

Cited 9 times | Published

final order is subject to judicial review under section 120.68, Florida Statutes, as provided in section 112

Hames v. CITY OF MIAMI FIREFIGHTERS'

980 So. 2d 1112, 2008 WL 583672

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1418761

Cited 9 times | Published

962 So.2d 1011, 1013 (Fla. 3d DCA 2007) (citing § 120.68(7), Fla. Stat. (2006)). Hames argues that the

Merkle v. Health Options, Inc.

940 So. 2d 1190

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1523962

Cited 9 times | Published

resolution program. See § 408.7057, Fla. Stat. (2005); § 120.68(1), Fla. Stat. (2005); Fla. Admin. Code R. 59A-12

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

presented, and the credibility of the witnesses. § 120.68(10); Doyle v. Fla. Unemployment Appeals Comm'n

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

approved, 720 So.2d 216 (Fla.1998). Whereas section 120.68(2), Florida Statutes (2003), provides that

Menke v. Broward County School Bd.

916 So. 2d 8, 23 I.E.R. Cas. (BNA) 936, 2005 Fla. App. LEXIS 15291, 2005 WL 2373923

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1659489

Cited 9 times | Published

is privileged is generally reviewable under section 120.68(1), because the harm cannot be remedied on

CHAPTER OF THE SIERRA CLUB v. Suwannee American Cement Company, Inc.

802 So. 2d 520, 2001 WL 1661463

District Court of Appeal of Florida | Filed: Dec 31, 2001 | Docket: 1332830

Cited 9 times | Published

sought review of the final order in this court. Section 120.68(1), Florida Statutes (2000), allows judicial

Parlato v. Secret Oaks Owners Ass'n

793 So. 2d 1158, 2001 WL 1045007

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 1678074

Cited 9 times | Published

limited to the issues raised on the cross appeal. Section 120.68(1) of the Florida Administrative Procedure

Willette v. Air Products

700 So. 2d 397, 1997 WL 535985

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1719604

Cited 9 times | Published

jurisdiction over the appeal, by virtue of section 120.68(9), Florida Statutes (Supp.1996). Under our

Prudential Ins. v. Florida Dept. of Ins.

694 So. 2d 772, 1997 Fla. App. LEXIS 4295, 1997 WL 199091

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 1450146

Cited 9 times | Published

agent. This court has jurisdiction pursuant to section 120.68(1), Florida Statutes (1995), which provides

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

final agency action will be available under section 120.68, Florida Statutes (Supp.1996). While Bankers

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

final agency action will be available under section 120.68, Florida Statutes (Supp.1996). While Bankers

Rogers v. UNEMPLOYMENT APPEALS COM'N

597 So. 2d 382, 1992 WL 75648

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1351078

Cited 9 times | Published

is required to set aside the agency action. See § 120.68(10), Fla. Stat. (1985)[1]; Daniels v. Florida

St. Joe Paper Co. v. FLA. DEPT OF NATURAL RES.

536 So. 2d 1119, 1988 WL 138497

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1759707

Cited 9 times | Published

reviewable by the district courts of appeal under section 120.68, Florida Statutes. Under section 161.053(2)

Greenberg v. Simms Merchant Police Service

410 So. 2d 566

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 477881

Cited 9 times | Published

his failure to follow prescribed procedure. Section 120.68(8), Florida Statutes. Accordingly, the order

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

agency action is reviewable only by appeal. Section 120.68(1) provides: "A party who is adversely affected

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 latitude in both discretion and policy. See § 120.68(7), (12)(b) and (c). We have previously recognized

STATE EX REL. SARASOTA CTY. v. Boyer

360 So. 2d 388

Supreme Court of Florida | Filed: May 31, 1978 | Docket: 1738857

Cited 9 times | Published

final decision provides an adequate remedy. See Section 120.68, Florida Statutes.) The second was that the

Citizens of Florida v. Hawkins

356 So. 2d 254, 24 P.U.R.4th 374

Supreme Court of Florida | Filed: Feb 16, 1978 | Docket: 1739791

Cited 9 times | Published

compelled to reverse the Commission on this issue. Section 120.68(10), Florida Statutes (1975). For the reasons

SCHOOL BD. OF LEE CTY. v. Malbon

341 So. 2d 523, 1977 Fla. App. LEXIS 14972

District Court of Appeal of Florida | Filed: Jan 5, 1977 | Docket: 1723919

Cited 9 times | Published

district court of appeal. Florida Statutes, Section 120.68(1), (2). Until the Florida Supreme Court adopts

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

823 So.2d 844, 847 (Fla. 1st DCA 2002) (citing § 120.68(7)(d), Fla. Stat. (1997)). Section 120.52(12)(b)

Brown v. STATE, COM'N ON ETHICS

969 So. 2d 553, 2007 WL 4206632

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1725961

Cited 8 times | Published

in the Florida Administrative Procedure Act. Section 120.68(7)(d), Florida Statutes (2006) states that

Baillie v. Dept. of Natural Resources

632 So. 2d 1114, 1994 WL 64957

District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 462624

Cited 8 times | Published

amicus curiae. BENTON, Judge. Brought under section 120.68, Florida Statutes, this appeal from a state

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

appeal to a judicial tribunal is provided by section 120.68, Florida Statutes (1985). There is no suggestion

Daniels v. UNEMPLOYMENT APPEALS COM'N

531 So. 2d 1047, 1988 WL 102574

District Court of Appeal of Florida | Filed: Oct 5, 1988 | Docket: 544201

Cited 8 times | Published

admitted that she did not observe the incident. Section 120.68(10), Florida Statutes (1985) requires the appellate

City of Orlando v. FLA. PUB. EMP. RELS. COM'N

435 So. 2d 275

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 1697326

Cited 8 times | Published

final order that the instant appeal was taken. Section 120.68(7), Florida Statutes (1981), which deals with

Dept. of Environmental Reg. v. Leon County

344 So. 2d 297, 1977 Fla. App. LEXIS 15613

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 1517775

Cited 8 times | Published

not provide an adequate remedy to petitioner. § 120.68(1), Fla. Stat. (Supp. 1976). We confine our interlocutory

Panama City v. FLA. PUB. EMP. REL. COM'N

333 So. 2d 470

District Court of Appeal of Florida | Filed: May 5, 1976 | Docket: 1290788

Cited 8 times | Published

election are not final orders. Therefore, under Section 120.68(1), Florida Statutes, the orders are reviewable

Tillery v. Florida Department of Juvenile Justice

104 So. 3d 1253, 34 I.E.R. Cas. (BNA) 1687, 2013 WL 45865, 2013 Fla. App. LEXIS 79

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60227385

Cited 7 times | Published

interpretation is clearly erroneous. Additionally, Section 120.68, Florida Statutes (2003), provides that a reviewing

Tillery v. Florida Department of Juvenile Justice

104 So. 3d 1253, 34 I.E.R. Cas. (BNA) 1687, 2013 WL 45865, 2013 Fla. App. LEXIS 79

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60227385

Cited 7 times | Published

interpretation is clearly erroneous. Additionally, Section 120.68, Florida Statutes (2003), provides that a reviewing

Doe v. Department of Health

948 So. 2d 803, 2006 Fla. App. LEXIS 21558, 2006 WL 3780681

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1769930

Cited 7 times | Published

Statutes (2006). [2] See Fla. R.App. P. 9.100(c)(3); § 120.68(1), Fla. Stat. (2005). [3] In his petition to

Progressive Express Ins. Co. v. Reaume

937 So. 2d 1120, 2006 WL 2088264

District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 1513143

Cited 7 times | Published

judicial review is in the District Court of Appeal. § 120.68(2)(a), Fla. Stat. (2002)." Id. at 1052. The Fifth

Big Bend Hospice v. AGENCY FOR HEALTH CARE

904 So. 2d 610, 2005 WL 1420856

District Court of Appeal of Florida | Filed: Jun 20, 2005 | Docket: 1365406

Cited 7 times | Published

rule of deference, our review is governed by section 120.68, Florida Statutes (2001), which provides that

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

we remand for an administrative hearing. See § 120.68(7)(a), Fla. Stat. (stating that "[t]he court shall

Mabrey v. Florida Parole Com'n

858 So. 2d 1176, 2003 Fla. App. LEXIS 16961, 2003 WL 22515355

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 1513560

Cited 7 times | Published

district court of appeal under the provisions of section 120.68(2), Florida Statutes (2002). See Sheley v.

Schur v. Florida Birth-Related Neurological

832 So. 2d 188, 2002 WL 31641524

District Court of Appeal of Florida | Filed: Nov 25, 2002 | Docket: 1700073

Cited 7 times | Published

supported by competent, substantial evidence. § 120.68(7)(b), (d), Fla. Stat. (1997); see also Nagy,

Novick v. Department of Health

816 So. 2d 1237, 2002 WL 1070896

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 2524521

Cited 7 times | Published

order by this court is brought pursuant to section 120.68, and the standard of review is whether the

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

proceeding is governed by the standards in section 120.68, Florida Statutes (Supp.1996). In the present

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

limited in their review of an agency's action. Section 120.68(12), Florida Statutes (1993) sets forth the

Dept. of Health & Rehab. Services v. S.

648 So. 2d 128, 20 Fla. L. Weekly Supp. 23, 1995 Fla. LEXIS 17, 1995 WL 8966

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 1701943

Cited 7 times | Published

review of final agency action is governed by section 120.68, Florida Statutes (Supp. 1990). The scope of

Jones v. Florida Dept. of Corrections

615 So. 2d 798, 1993 Fla. App. LEXIS 2979, 1993 WL 72042

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1184444

Cited 7 times | Published

from which prisoners may appeal pursuant to section 120.68. Chapter 92-166, Laws of Florida, has recently

Scientific Games, Inc. v. Dittler Bros., Inc.

586 So. 2d 1128, 1991 Fla. App. LEXIS 7953, 1991 WL 152084

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 1487124

Cited 7 times | Published

Our jurisdiction to review this order under section 120.68(1), Florida Statutes, is well-settled. Medivision

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

that judicial review was available pursuant to section 120.68, Florida Statutes. An administrative complaint

Moore v. FLA. UNEMPLOYMENT APP. COMM.

498 So. 2d 992, 11 Fla. L. Weekly 2543

District Court of Appeal of Florida | Filed: Dec 5, 1986 | Docket: 1699781

Cited 7 times | Published

review administrative findings contained in Section 120.68(10), Florida Statutes (1985), and the fact

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

030(b)(1)(C), Florida Rules of Appellate Procedure; section 120.68(2), Florida Statutes (1981), and reverse. An

Comer v. FLA PAROLE & PROBATION COMMISSION

388 So. 2d 1341

District Court of Appeal of Florida | Filed: Oct 10, 1980 | Docket: 134119

Cited 7 times | Published

dismissed without prejudice to seek review pursuant to § 120.68, F.S., of any final orders of the Parole and Probation

SCHOOL BD. OF BROWARD CTY. v. Gramith

375 So. 2d 340

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 1352512

Cited 7 times | Published

494(3) and (5)c at (4), (8), (11) and (12). Section 120.68(8) prescribes judicial review standards for

Board of Regents v. PUBLIC EMP. REL. COM'N

368 So. 2d 641, 101 L.R.R.M. (BNA) 2203

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1389260

Cited 7 times | Published

seeking review of intermediate agency action under § 120.68(1). The proceedings were stayed, except of PERC's

Department of Revenue v. Crisp

337 So. 2d 404

District Court of Appeal of Florida | Filed: Sep 15, 1976 | Docket: 1414517

Cited 7 times | Published

mandated by the Administrative Procedure Act, § 120.68(2), Fla. Stat. We disagree and hold that jurisdiction

Kessler v. Department of Management Services, Division of State Group Insurance

17 So. 3d 759, 2009 Fla. App. LEXIS 10489, 2009 WL 2342908

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1141369

Cited 6 times | Published

insurance benefits. We have jurisdiction. See § 120.68, Fla. Stat. (2008); Fla. R.App. P. *760 9.030(b)(1)(C)

CF v. Department of Children and Families

934 So. 2d 1, 2005 Fla. App. LEXIS 20245, 2005 WL 3536145

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 126875

Cited 6 times | Published

714 So.2d 512, 515 (Fla. 3d DCA 1998). See also § 120.68(7)(d), Fla. Stat. (2003). The hearing officer

University of Miami v. Ruiz

916 So. 2d 865, 2005 WL 2862055

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1659599

Cited 6 times | Published

supported by competent substantial evidence. See § 120.68(7), Fla. Stat. (1998); Id. The issue on appeal

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

[1] This court has jurisdiction pursuant to section 120.68(1), Florida Statutes, and rule 9.100(a), Florida

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

[1] This court has jurisdiction pursuant to section 120.68(1), Florida Statutes, and rule 9.100(a), Florida

Ebersol v. UNEMPLOYMENT APPEALS COM'N

845 So. 2d 945, 2003 Fla. App. LEXIS 5824, 2003 WL 1936394

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 1728854

Cited 6 times | Published

should not be dismissed. In accordance with section 120.68(7), Florida Statutes, and decisional law,[3]

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

range of discretion delegated to that agency. § 120.68(7)(e)1, Fla. Stat. It was not necessary for the

Florida Public Emp. v. Dept. of Children

745 So. 2d 487, 1999 WL 1049356

District Court of Appeal of Florida | Filed: Nov 22, 1999 | Docket: 621108

Cited 6 times | Published

review to which the party is entitled under section 120.68. ... We note, however, that once a party chooses

Kelle v. DH Holmes Co., Ltd.

658 So. 2d 1161, 1995 WL 456259

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 2585359

Cited 6 times | Published

competent, substantial evidence in the record. § 120.68(10), Fla. Stat. (1993); Georgia v. Unemployment

Health Care & Ret. Corp. of Am., Inc. v. Dept. of Hlt. and Rehab. Servs.

559 So. 2d 665, 1990 WL 35928

District Court of Appeal of Florida | Filed: Mar 29, 1990 | Docket: 1751558

Cited 6 times | Published

other evidence supports or defends that change. Section 120.68(12), Florida Statutes (1987) provides that

Woodley v. Department of Health and Rehabilitative Services

505 So. 2d 676, 12 Fla. L. Weekly 1075

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 1455277

Cited 6 times | Published

denial of AFDC benefits and remand, pursuant to Section 120.68(12)(b), Florida Statutes (1985), for further

Hambley v. STATE, DEPT. OF NAT. RESOURCES

459 So. 2d 408

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1282424

Cited 6 times | Published

right to due process of law ...," and that section 120.68, Florida Statutes, providing for direct appeal

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

below to support the Board's findings thereon. § 120.68(10), Fla. Stat. (1983). The final administrative

BOOKER CREEK PRESERV., INC. v. Pinellas Planning Council

433 So. 2d 1306, 1983 Fla. App. LEXIS 19752

District Court of Appeal of Florida | Filed: Jul 1, 1983 | Docket: 1424766

Cited 6 times | Published

Act (APA). We have jurisdiction pursuant to section 120.68, Florida Statutes (1981), and Florida Rule

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

participated in the diversion of drugs to his wife. [5] § 120.68(10), Fla. Stat. (1981). [6] At the oral argument

Cushing v. DEPT. OF PROF. REG., ETC.

416 So. 2d 1197

District Court of Appeal of Florida | Filed: Jul 6, 1982 | Docket: 1655023

Cited 6 times | Published

DeGroot v. Sheffield, 95 So.2d 912 (Fla. 1957); Section 120.68(10), Fla. Stat. (1979), nor the contention

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

which the agency is enforcing regulatory laws). Section 120.68(8), which deals with judicial review, states

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

court reasoned that "final agency action" under section 120.68(1), Florida Statutes (Supp. 1976), takes place

Phillips v. SANTA FE COMM. COLLEGE

342 So. 2d 108

District Court of Appeal of Florida | Filed: Feb 3, 1977 | Docket: 1521203

Cited 6 times | Published

final order which may be judicially reviewed. Section 120.68(13), Florida Statutes (Supp. 1976). We are

Lewis v. Career Service Commission

332 So. 2d 371

District Court of Appeal of Florida | Filed: May 26, 1976 | Docket: 1314292

Cited 6 times | Published

App. 1st, 1975), we pointed out that under Section 120.68, Florida Statutes, effective 1 January 1975

Castellanos v. Next Door Co.

124 So. 3d 392, 2013 WL 5744449, 2013 Fla. App. LEXIS 16898

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235472

Cited 5 times | Published

district court of appeal on direct review under section 120.68, Florida Statutes, after an aggrieved party

United States Blood Bank, Inc. v. Agency for Workforce Innovation

85 So. 3d 1139, 2012 Fla. App. LEXIS 4355, 2012 WL 933018

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60307025

Cited 5 times | Published

competent, substantial evidence in the record. See § 120.68(7)(b), Fla. Stat. (2011); I.B., ex rel. R.B. v

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

affected by final agency action" as required by section 120.68(1) (emphasis added).[2] The test for determining

CNL RESORT HOTEL, LP v. City of Doral

991 So. 2d 417, 2008 Fla. App. LEXIS 14655, 2008 WL 4330457

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1401246

Cited 5 times | Published

decision would not provide CNL an adequate remedy. Section 120.68(1), Florida Statutes (2005), provides that

Simcox v. CITY OF HOLLYWOOD POLICE OFFICERS'RET. SYSTEM

988 So. 2d 731, 2008 Fla. App. LEXIS 12687, 2008 WL 3914892

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1385187

Cited 5 times | Published

the Board's forfeiture order is governed by section 120.68, Florida Statutes (2007). See Hames v. City

Waters v. Department of Health

962 So. 2d 1011, 2007 WL 2254544

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 480814

Cited 5 times | Published

review of the Department's action is governed by section 120.68, Florida Statutes (2006). The Department's

State v. Fugett

946 So. 2d 80, 2006 WL 3780428

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1771118

Cited 5 times | Published

review a non-final administrative order under section 120.68(1), Florida Statutes, and Florida Rule of Appellate

Arza v. FLORIDA ELECTIONS COM'N.

907 So. 2d 604, 2005 WL 1680787

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1513068

Cited 5 times | Published

correct interpretation compels a particular action." § 120.68(7)(d), Fla. Stat. (2004); Florida Hosp. v. Agency

Malave v. Department of Health

881 So. 2d 682, 2004 WL 1905731

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1466250

Cited 5 times | Published

fact and conclusions of law, is governed by section 120.68, Florida Statutes (2002). See Legal Envtl.

State Farm Mut. Auto. v. Gibbons

860 So. 2d 1050, 2003 Fla. App. LEXIS 18442, 2003 WL 22867751

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 454612

Cited 5 times | Published

judicial review is in the District Court of Appeal. § 120.68(2)(a), Fla. Stat. (2002). Section 624.155, Florida

Romine v. FLORIDA BIRTH RELATED NICA

842 So. 2d 148, 2003 WL 327530

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1730578

Cited 5 times | Published

Gugelmin, 815 So.2d at 767. However, under section 120.68(7), Florida Statutes (1998), we are authorized

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

action is entitled to judicial review." Fla. Stat. § 120.68(1) (1999). In reviewing an agency's decision,

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

support. C. Standard of Review Appellate Court Section 120.68, Florida Statutes (Supp. 1996), provides the

Nordheim v. Dept. of Env. Protection

719 So. 2d 1212, 1998 WL 618623

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1705124

Cited 5 times | Published

agency practice" not explained by the agency. § 120.68(6)(e)3., Fla. Stat. (Supp.1996). This is a case

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

disproportionately severe penalty. Again, we disagree. Section 120.68(12), Florida Statutes (1995) provides in relevant

Cunningham v. AGENCY FOR HEALTH CARE

677 So. 2d 61, 21 Fla. L. Weekly Fed. D 1655

District Court of Appeal of Florida | Filed: Jul 15, 1996 | Docket: 1690065

Cited 5 times | Published

we review the emergency order pursuant to section 120.68(1), Florida Statutes (1995), which authorizes

Carreras v. FLA. BIRTH-RELATED NICA

665 So. 2d 1082, 1995 WL 733325

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1705077

Cited 5 times | Published

"medically necessary and reasonable." We agree. Section 120.68(10), Florida Statutes (1993), provides that

Carter v. DEPT. OF PRO. REGULATION

633 So. 2d 3, 1994 WL 11607

Supreme Court of Florida | Filed: Jan 20, 1994 | Docket: 1128609

Cited 5 times | Published

employed the harmless error rule, set forth in section 120.68(8), Florida Statutes, (1979),[2] to review

Gessler v. DEPT. OF BUS. & PRO. REG.

627 So. 2d 501

District Court of Appeal of Florida | Filed: Dec 21, 1993 | Docket: 1529963

Cited 5 times | Published

substantial interests has been held. Further, section 120.68(8) provides: The court shall remand the case

Board of County Comm'rs v. INTERN. UNION OF OPERATING ENGINEERS, LOCAL 653

620 So. 2d 1062, 1993 WL 215583

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 1387654

Cited 5 times | Published

erroneously interpreted and applied the law. Section 120.68(9), Florida Statutes (1991); and Pasco County

DRAVO BASIC MATERIALS v. State, Dept. of Transp.

602 So. 2d 632, 1992 Fla. App. LEXIS 7611, 1992 WL 157451

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 1321333

Cited 5 times | Published

are supported by competent substantial evidence. § 120.68(10), Fla. Stat. (1989); Adam Smith. Thus, under

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

review applicable to this point is set forth in section 120.68(10), Florida Statutes (1989): If the agency's

Pershing Indus., Inc. v. DEPT. OF BANKING AND FINANCE

591 So. 2d 991, 17 Fla. L. Weekly Fed. D 46

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 1528131

Cited 5 times | Published

by competent, substantial evidence (CSE). See § 120.68(10), Fla. Stat. (1987). It is fundamental that

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

limited to the four corners of the order itself. See § 120.68(5)(c), Fla. Stat. (1989); Pure Fresh Enter., Inc

Bb v. Dept. of Health & Rehab. Serv.

542 So. 2d 1362, 14 Fla. L. Weekly 1129, 1989 Fla. App. LEXIS 2499, 1989 WL 47190

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 468858

Cited 5 times | Published

policy, it was required to explain its departure. § 120.68(12)(c), Fla. Stat. (1987). Because it failed to

DEPT. OF PROFESSIONAL REG. STATE, BD. OF MED. v. Marrero

536 So. 2d 1094, 1988 WL 122616

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 1760014

Cited 5 times | Published

was "within the agency's delegated discretion." § 120.68(7), Fla. Stat. As we observed in McDonald v. Dep't

FLORIDA PAROLE & PROBATION COMM. v. Dornau

534 So. 2d 789, 13 Fla. L. Weekly 2534, 1988 Fla. App. LEXIS 5091, 1988 WL 122622

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 372174

Cited 5 times | Published

the Administrative Procedures Act, including section 120.68, Florida Statutes (1981), providing for appeals

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

discretion" sufficiently for judicial review. Section 120.68(7). See McDonald, supra, at 582. Moreover,

Gervais v. DIV. OF ALCOHOLIC BEVERAGES AND TOBACCO

438 So. 2d 90

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 1731845

Cited 5 times | Published

appeal from a nonfinal administrative order under § 120.68(1), Fla. Stat. (1981) and Rule 9.100, Fla.R.App

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

by the Department. Accordingly, pursuant to section 120.68(13)(a)(1), we vacate the final order for violation

Sagaert v. STATE, DEPT. OF LABOR, ETC.

418 So. 2d 1228

District Court of Appeal of Florida | Filed: Sep 7, 1982 | Docket: 1685970

Cited 5 times | Published

rulings. Therefore, this cause must be remanded. § 120.68(9)(b), Fla. Stat. (1981). Section 443.151(6)(c)

Morris v. Wainwright

409 So. 2d 1161

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 2589448

Cited 5 times | Published

final agency action in this Court, pursuant to § 120.68(1), Fla. Stat. (1979). Rule 33-3.07, Fla. Admin

McCray v. DEPT. OF HLT. & REHAB. SERV

384 So. 2d 980

District Court of Appeal of Florida | Filed: Jun 24, 1980 | Docket: 1182974

Cited 5 times | Published

of Beverage, 362 So.2d 957 (Fla. 1st DCA 1978); § 120.68(10), Fla. Stat. (1979); Fla. Admin. Code Rule

Brooks v. SCHOOL BOARD OF BREVARD CTY

382 So. 2d 422, 1980 Fla. App. LEXIS 15905

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 1255587

Cited 5 times | Published

by Appellee. The appeal is filed pursuant to Section 120.68, Florida Statutes (1978). At the same time

Brooks v. SCHOOL BOARD OF BREVARD CTY

382 So. 2d 422, 1980 Fla. App. LEXIS 15905

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 1255587

Cited 5 times | Published

by Appellee. The appeal is filed pursuant to Section 120.68, Florida Statutes (1978). At the same time

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

order for the purposes of F.S. 120.52(9) and F.S. 120.68(1). Next, the City raises as error PERC's conclusion

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

review of administrative action as provided by Section 120.68, Florida Statutes (Supp. 1976). Petitioner

City of Titusville v. FLORIDA PUB. EMP. REL. COM'N

330 So. 2d 733

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 1798107

Cited 5 times | Published

is subject to review by this court pursuant to § 120.68, Florida Statutes. PERC contends its action was

City of Titusville v. FLORIDA PUB. EMP. REL. COM'N

330 So. 2d 733

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 1798107

Cited 5 times | Published

is subject to review by this court pursuant to § 120.68, Florida Statutes. PERC contends its action was

J.J. v. Agency for Persons with Disabilities

174 So. 3d 372, 2014 WL 1696188, 2014 Fla. App. LEXIS 6256

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60250419

Cited 4 times | Published

are based on competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2013). J.J.’s reliance on Webb

J.S. v. C.M.

135 So. 3d 312, 2012 WL 4800987, 2012 Fla. App. LEXIS 17433

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60239553

Cited 4 times | Published

So.3d 1009, 1010 (Fla. 1st DCA 2009); see also § 120.68(7), Fla. Stat. (2009); Abbott Labs. v. Mylan Pharms

Whiley v. Scott

79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

Supreme Court of Florida | Filed: Aug 16, 2011 | Docket: 60305373

Cited 4 times | Published

Court. See, e.g., § 120.56, Fla. Stat. (2010); § 120.68(1), Fla. Stat. (2010). Instead of examining the

School District of Indian River County v. Florida Public Employees Relations Commission

64 So. 3d 723, 2011 Fla. App. LEXIS 8933, 2011 WL 2328306

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2363975

Cited 4 times | Published

by the competent substantial evidence standard. § 120.68(10), Fla. Stat. (2010). Competent substantial

Wade v. Florida Department of Children & Families

57 So. 3d 869, 2011 Fla. App. LEXIS 1429, 2011 WL 362412

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60299172

Cited 4 times | Published

Legislature implemented this provision through section 120.68, Florida Statutes, which provides for judicial

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

error. Analysis Our review is governed by section 120.68(7)(c), Florida Statutes (2009), which provides

Department of Revenue v. MOHOMED

996 So. 2d 900, 2008 WL 4949111

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1223475

Cited 4 times | Published

order. § 409.2563(a) & (c), Fla. Stat. (2006). Section 120.68(2)(a), Florida Statutes (2006), provides: Judicial

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

it may set aside agency action on that basis. § 120.68(7)(d). Thus, this Court may consider whether the

Bethesda Healthcare System, Inc. v. AHCA

945 So. 2d 574

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1725060

Cited 4 times | Published

substantial, competent evidence. Id.; see also § 120.68(7), Fla. Stat. (2004) (appellate court may set

Cagle v. St. Johns County School District

939 So. 2d 1085, 2006 Fla. App. LEXIS 14626, 2006 WL 2516358

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 459435

Cited 4 times | Published

supported by competent, substantial evidence. § 120.68, Fla. Stat. (2005); Laney v. Bd. of Pub. Instruction

Atlantis at Perdido Ass'n, Inc. v. Warner

932 So. 2d 1206, 2006 WL 1835321

District Court of Appeal of Florida | Filed: Jul 6, 2006 | Docket: 1684836

Cited 4 times | Published

law and was inconsistent with its own rule. See § 120.68(7)(e), Fla. Stat. (2004). See also § 161.053(5)(b)

State, Dcfs v. Ib

891 So. 2d 1168

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

Cited 4 times | Published

amended rule would forbid, not facilitate; and section 120.68 has to do with judicial review of agency action

O'Donnell's Corp. v. Ambroise

858 So. 2d 1138, 2003 Fla. App. LEXIS 16945, 2003 WL 22513826

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 460739

Cited 4 times | Published

We conclude it is not an appealable order. Section 120.68(1), Florida Statutes, states: A party who is

Morfit v. University of South Florida

794 So. 2d 655, 2001 Fla. App. LEXIS 8828, 2001 WL 716859

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 1737937

Cited 4 times | Published

Joiner's decision. Morfit then filed this appeal. Section 120.68, Florida Statutes (2000), provides that a party

FLORIDA COM'N ON HURRICANE LOSS PROJECTION METHODOLOGY v. State

716 So. 2d 345, 1998 Fla. App. LEXIS 11039, 1998 WL 546069

District Court of Appeal of Florida | Filed: Aug 31, 1998 | Docket: 424908

Cited 4 times | Published

decision would not provide an adequate remedy." § 120.68(1), Fla. Stat. (1997). See State, Dep't. of Community

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

this appeal, Unimed asserts that pursuant to section 120.68(7)(a), Florida Statutes (1996)[1], we must

St. Mary's Hosp., Inc. v. Phillipe

699 So. 2d 1017

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1693937

Cited 4 times | Published

*1020 order from an administrative agency under section 120.68. Stays from final administrative action are

Agency for Health Care v. Mount Sinai Med.

690 So. 2d 689, 1997 WL 144525

District Court of Appeal of Florida | Filed: Apr 1, 1997 | Docket: 436604

Cited 4 times | Published

review of non-final agency action pursuant to section 120.68(1), Florida Statutes (Supp. 1996)[1] and, for

Archer v. State

681 So. 2d 296, 1996 WL 496165

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1722154

Cited 4 times | Published

or otherwise seek review in accordance with section 120.68, Florida Statutes (1993). Instead, on January

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

6B-4.009(2). We have jurisdiction pursuant to section 120.68(2), Florida Statutes (1995). We reverse because

Latin Exp. Serv. v. State, Dept. of Rev.

660 So. 2d 1059, 1995 WL 299051

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1656846

Cited 4 times | Published

direct review by this court in accordance with section 120.68, Florida Statutes. See Yes Dear, Inc. v. Department

Florida Leisure v. Florida Com'n on Hr

639 So. 2d 1028, 1994 WL 321675

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 1712616

Cited 4 times | Published

Art. V, § 4(b)(2); Fla.R.App.P. 9.100(a), (c); § 120.68(1), Fla. Stat. (1993). Florida Leisure urges that

Florida Power & Light Co. v. Beard

626 So. 2d 660, 18 Fla. L. Weekly Supp. 558, 1993 Fla. LEXIS 1737, 1993 WL 433788

Supreme Court of Florida | Filed: Oct 28, 1993 | Docket: 1286254

Cited 4 times | Published

We find this argument to be without merit. See § 120.68, Fla. Stat. (1991). [6] The fact that the Commission

Marrero v. DEPT. OF PRO. REGULATION

622 So. 2d 1109, 1993 WL 299508

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 1528945

Cited 4 times | Published

21U-18.003 and vacate the order, and pursuant to section 120.68(12), Florida Statutes (1991), we remand with

Marrero v. DEPT. OF PRO. REGULATION

622 So. 2d 1109, 1993 WL 299508

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 1528945

Cited 4 times | Published

21U-18.003 and vacate the order, and pursuant to section 120.68(12), Florida Statutes (1991), we remand with

Cohen v. DEPT. OF BUSINESS REGULATION

584 So. 2d 1083, 1991 WL 151974

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 466687

Cited 4 times | Published

which we are guided in this case is found in section 120.68(8), Florida Statutes: "The court shall remand

Cohen v. DEPT. OF BUSINESS REGULATION

584 So. 2d 1083, 1991 WL 151974

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 466687

Cited 4 times | Published

which we are guided in this case is found in section 120.68(8), Florida Statutes: "The court shall remand

DeCarion v. Martinez

537 So. 2d 1083, 1989 WL 3900

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 427255

Cited 4 times | Published

penalties without legislative authority). Under section 120.68(12)(b), if an agency's action is inconsistent

Diaz v. Florida Dept. of Corrections

511 So. 2d 669, 12 Fla. L. Weekly 1899, 1987 Fla. App. LEXIS 10094

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 1338150

Cited 4 times | Published

motion to dismiss. Section 120.52(11)(d) and section 120.68 make it very clear that prisoners are permitted

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

General on behalf of the Department, pursuant to section 120.68(1), Florida Statutes (1985).[2] We dismiss

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

comply with the essential requirements of law. Section 120.68(10), Florida Statutes (1983), provides that

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

factfinding proceeding. Hence, under the authority of section 120.68(6), Florida Statutes, we remand for such a

Humana v. DEPT. OF HEALTH & REHAB. SERV.

492 So. 2d 388, 11 Fla. L. Weekly 928

District Court of Appeal of Florida | Filed: Apr 16, 1986 | Docket: 1518644

Cited 4 times | Published

proceedings or the correctness of the action, see section 120.68(8), Florida Statutes, nor did the agency's

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

Petitioner's authority for now seeking review is section 120.68(1), Florida Statutes (1985), which provides:

McCarthy v. Dept. of Ins. & Treasurer

479 So. 2d 135, 10 Fla. L. Weekly 2344, 1985 Fla. App. LEXIS 16239

District Court of Appeal of Florida | Filed: Oct 11, 1985 | Docket: 463596

Cited 4 times | Published

filed this appeal. We have jurisdiction under section 120.68(2), Florida Statutes (1981). McCarthy contends

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

appeal from that determination pursuant to Section 120.68, Florida Statutes (1979)[1] and Fla.R.App.P

Albrecht v. State

407 So. 2d 210

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 626703

Cited 4 times | Published

First District Court of Appeal pursuant to section 120.68, Florida Statutes (1975). The court denied

Holman v. FLA. PAROLE & PROB. COMM.

407 So. 2d 638

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 2533514

Cited 4 times | Published

was reviewable by direct appeal pursuant to Section 120.68, Florida Statutes (1979). One of the requirements

Hyman v. STATE, DEPT. OF BUSINESS REGULATION

399 So. 2d 1098

District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 1652383

Cited 4 times | Published

the correctness of the action" as provided by Section 120.68(8), Fla. Stat. (1979).[2] While we think it

GENERAL DEV. UTIL., INC. v. Hawkins

357 So. 2d 408

Supreme Court of Florida | Filed: Mar 31, 1978 | Docket: 1511231

Cited 4 times | Published

determinations here, and our analysis must address both. Section 120.68(7); Florida Statutes (1975). We have no difficulty

Parekh v. Career Service Commission

346 So. 2d 145

District Court of Appeal of Florida | Filed: Jun 1, 1977 | Docket: 1510820

Cited 4 times | Published

proceedings or the correctness of the action. Section 120.68(8), Florida Statutes (Supp. 1976). Affirmed

BUREAU OF COMMUNITY MED. FAC., ETC. v. Samson

341 So. 2d 1071

District Court of Appeal of Florida | Filed: Feb 4, 1977 | Docket: 1724222

Cited 4 times | Published

judicial review of the hearing officer's order. Section 120.68, Florida Statutes (1975). Respondents urge

Bagarotti v. Reemployment Assistance Appeals Commission

208 So. 3d 1197, 2017 Fla. App. LEXIS 208

District Court of Appeal of Florida | Filed: Jan 11, 2017 | Docket: 4565897

Cited 3 times | Published

2012). We are not free to reweigh the evidence. § 120.68(10), Fla. Stat. (2015); Salinas v. E. Aero Marine

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

review of non-final agency action pursuant to section 120.68(1), Florida Statutes, and grant it. I. FACTS

Headley v. City of Miami

118 So. 3d 885, 2013 WL 3770839, 196 L.R.R.M. (BNA) 2439, 2013 Fla. App. LEXIS 11461

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60233467

Cited 3 times | Published

final order is governed by the standards in section 120.68, to wit, questions of statutory interpretation

Estrada v. Mercy Hospital, Inc.

121 So. 3d 51, 2013 WL 1442251, 2013 Fla. App. LEXIS 5665

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60234441

Cited 3 times | Published

panel’s award. See § 766.212(1), Fla. Stat. (2012); § 120.68, Fla. Stat. (2012). II. STANDARD OF REVIEW In

Artz v. City of Tampa

102 So. 3d 747, 2012 Fla. App. LEXIS 21795, 2012 WL 6601381

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60226781

Cited 3 times | Published

PERC’s order constituted final agency action. See § 120.68, Fla. Stat. (2000); Morfit v. Univ. of S. Fla

Martin County Conservation Alliance v. Martin County

73 So. 3d 856, 2011 Fla. App. LEXIS 17513, 2011 WL 5299370

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 60303495

Cited 3 times | Published

2010 WL 2472197 (Fla. 1st DCA 2010) (quoting § 120.68, Fla. Stat. (2009)). We then ordered Appellants

Mendelsohn v. State, Department of Health

68 So. 3d 965, 2011 Fla. App. LEXIS 13807, 2011 WL 3837280

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60302400

Cited 3 times | Published

state. We have jurisdiction in accordance with section 120.68(1), Florida Statutes. According to the emergency

Tarpon Springs Hospital Foundation, Inc. v. Anderson

34 So. 3d 742, 2010 Fla. App. LEXIS 5257, 2010 WL 1563544

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1641416

Cited 3 times | Published

Hearings, 815 So.2d 764, 767 (Fla. 4th DCA 2002); see § 120.68(7)(d), Fla. Stat. (2004) ("The court shall remand

Serchay v. State Farm Florida Insurance Co.

25 So. 3d 652, 2010 Fla. App. LEXIS 27, 2010 WL 22700

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1194733

Cited 3 times | Published

judicial review of the OIR's action pursuant to section 120.68, Florida Statutes (2007). That section provides

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

agency action or remand for further proceedings. § 120.68(7)(d). The appellate court affords great weight

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

must employ when reviewing an agency decision. Section 120.68(10) requires that "[w]e must accept the ALJ's

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

matter to the Board for an evidentiary hearing. See § 120.68(7)(a), Fla. Stat.; Brown v. State, Dep't. of Financial

Sherrod v. PALM BEACH COUNTY SCHOOL BD.

963 So. 2d 251, 2006 Fla. App. LEXIS 18705, 2006 WL 3207981

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1328259

Cited 3 times | Published

agency for further consistent proceedings. See § 120.68(7), Fla. Stat. (2006). Reversed. GUNTHER, J.,

School Bd. of Osceola County v. UCP of Fl.

905 So. 2d 909, 200 Educ. L. Rep. 421

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 1711819

Cited 3 times | Published

review of its order is available pursuant to section 120.68, Florida Statutes, a subsection of the Administrative

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

imposed only at the judicial review level via section 120.68. The reference to the APA is nonetheless important

Florida Democratic Party v. Hood

884 So. 2d 1148, 2004 WL 2402451

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 1683027

Cited 3 times | Published

an appeal from an intermediate order under section 120.68(1), Florida Statutes,[2] or by the exercise

Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.

888 So. 2d 50, 2004 WL 2146986

District Court of Appeal of Florida | Filed: Sep 27, 2004 | Docket: 1327864

Cited 3 times | Published

subject to judicial review by appeal ... under Section 120.68(1)...." Chiles v. Department of State, Division

MIAMI-DADE CTY. SCHOOL BOARD v. J. Ruiz School Bus Service, Inc.

874 So. 2d 59, 2004 Fla. App. LEXIS 6980, 2004 WL 1106783

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 1738099

Cited 3 times | Published

wrongfully taken or withheld official action. See § 120.68(6)(a) 2., Fla. Stat. (1999). Neither the Act nor

Winters v. Florida Bd. of Regents

834 So. 2d 243, 2002 WL 31487150

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1328981

Cited 3 times | Published

limited scope of our review, which is provided by section 120.68(1), Florida Statutes (2000), for any "party

Winters v. Florida Bd. of Regents

834 So. 2d 243, 2002 WL 31487150

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1328981

Cited 3 times | Published

limited scope of our review, which is provided by section 120.68(1), Florida Statutes (2000), for any "party

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

follow prescribed procedure." § 120.68(7)(c), Fla. Stat. (1999). Section 120.68(1), Florida Statutes (1999)

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

substantial evidence in the record of [the] hearing." § 120.68(7)(b), Fla. Stat. (2000). We also reject Mr. Miller's

State v. Sun Gardens Citrus, LLP

780 So. 2d 922, 2001 WL 76954

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1708705

Cited 3 times | Published

Gardens sought relief in the incorrect court. Section 120.68, Florida Statutes (2000), governs judicial

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

supported by competent substantial evidence. See § 120.68, Fla. Stat. (2000). The case was a classic "he

Department of Corrections v. Saulter

742 So. 2d 368, 1999 WL 629877

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 1302980

Cited 3 times | Published

to secure the judicial review authorized by section 120.68, Florida Statutes (1997), under Florida Rules

Eckert v. BD OF COM'RS, N. BROWARD HOSP.

720 So. 2d 1151, 1998 WL 796711

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1718898

Cited 3 times | Published

law" within the meaning of the constitution. Section 120.68(2), Florida Statutes (1997), provides that

Eckert v. BD OF COM'RS, N. BROWARD HOSP.

720 So. 2d 1151, 1998 WL 796711

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1718898

Cited 3 times | Published

law" within the meaning of the constitution. Section 120.68(2), Florida Statutes (1997), provides that

Ly v. DEPT. OF HEALTH & REHAB.

696 So. 2d 430

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1695937

Cited 3 times | Published

pursuant to the Administrative Procedure Act, section 120.68, Florida Statutes, which states: (1) A party

CONKLIN SHOWS v. Department of Revenue

684 So. 2d 328, 1996 Fla. App. LEXIS 13401, 1996 WL 734612

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 1482228

Cited 3 times | Published

Shows, Inc. We have jurisdiction pursuant to section 120.68, Florida Statutes (Supp.1996), and rules 9

University of Miami v. ZEPEDA BY ZEPEDA

674 So. 2d 765, 1996 WL 180056

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1661800

Cited 3 times | Published

discretion nor a violation of law by the agency.[2] § 120.68(10), Fla.Stat. (1991); Carreras v. Florida Birth-Related

Sutton v. DEPT., ENVIRON. PROTECTION

654 So. 2d 1047, 1995 WL 302319

District Court of Appeal of Florida | Filed: May 19, 1995 | Docket: 1303541

Cited 3 times | Published

the Florida Rules of Appellate Procedure, and section 120.68, Florida Statutes (1993).

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

reviewing court, we have an obligation, under section 120.68(13)(a), Florida Statutes (1993), to "provide

Bodenstab v. DEPT. PROFESSIONAL REG.

648 So. 2d 742

District Court of Appeal of Florida | Filed: Aug 26, 1994 | Docket: 1343123

Cited 3 times | Published

entitled to seek judicial review pursuant to section 120.68(1), Florida Statutes (1993). The judicial review

Krulla v. Barnett Bank

629 So. 2d 1005, 1993 WL 538150

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1677258

Cited 3 times | Published

475 So.2d 1277 (Fla. 1st DCA 1985). Moreover, section 120.68(10), Florida Statutes limits our review of

Allied Educ. Corp. v. STATE, DEPT. OF EDUC.

573 So. 2d 959, 1991 WL 5004

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 1518794

Cited 3 times | Published

standard for interlocutory review pursuant to section 120.68(1) because review of final agency action would

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

interpretation of the relevant statutes is another matter. § 120.68(9), Fla. Stat. (1987). Section 489.129(1)(m) does

State Ex Rel. Bettendorf v. ENVIRONMENTAL CONTROL HEAR. BD.

564 So. 2d 1227, 1990 WL 107785

District Court of Appeal of Florida | Filed: Aug 1, 1990 | Docket: 276573

Cited 3 times | Published

Board may seek judicial review as provided by section 120.68, Florida Statutes. The Environmental Control

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

jurisdiction. Art. V, § 4(b)(3); Fla. Const.; § 120.68(1), Fla. Stat. (1987); School Board of Lee County

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

jurisdiction. Art. V, § 4(b)(3); Fla. Const.; § 120.68(1), Fla. Stat. (1987); School Board of Lee County

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

Gulf Coast appealed to this Court pursuant to Section 120.68, Florida Statutes. Substantially affected persons

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

contract status. MacPherson appeals pursuant to section 120.68, Florida Statutes (1985). Section 231.36(4)(b)

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

contract status. MacPherson appeals pursuant to section 120.68, Florida Statutes (1985). Section 231.36(4)(b)

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

action ripe for judicial review as described in § 120.68, Florida Statutes. Appellant cites Harris v. Florida

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

discretion." The confinement of judicial review in section 120.68(1) to a "party ... adversely affected by final

Fed. Prop. Mgmt. v. Dept. of Health

482 So. 2d 475

District Court of Appeal of Florida | Filed: Jan 20, 1986 | Docket: 1769582

Cited 3 times | Published

health, must be construed in pari materia with Section 120.68(12), Florida Statutes, which provides in part

BAXTER'S ASPHALT v. Dept. of Transp.

475 So. 2d 1284

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 1301650

Cited 3 times | Published

agency action pursuant to its privilege under Section 120.68, Florida Statutes (1983). Baxter's contends

PUBLIC EMP. REL. COM'N v. City of Orlando

452 So. 2d 517, 119 L.R.R.M. (BNA) 2031

Supreme Court of Florida | Filed: Jun 7, 1984 | Docket: 474351

Cited 3 times | Published

of the Florida Administrative Procedure Act, section 120.68, Florida Statutes (1981), nor the specific

School Bd. of Pinellas Cty. v. Rateau

449 So. 2d 839, 39 Fair Empl. Prac. Cas. (BNA) 1786, 1984 Fla. App. LEXIS 12139

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 1325466

Cited 3 times | Published

School Board of Pinellas County (Board) seeks Section 120.68 review of a final order of the Florida Commission

Fla. Ch. of Sierra Club v. Orlando Util. Com'n

436 So. 2d 383

District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1701248

Cited 3 times | Published

of lack of competent, substantial evidence. See § 120.68(10), Fla. Stat. (1981). There was substantial

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

to comply with section 120.53 is recited in section 120.68(8), which provides: The court shall remand

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

reconciled with the countervailing argument that Section 120.68(10), Florida Statutes places on the reviewing

Hays v. STATE DEPT. OF BUSINESS REGULATION

418 So. 2d 331

District Court of Appeal of Florida | Filed: Aug 3, 1982 | Docket: 626700

Cited 3 times | Published

petition for review with this court pursuant to Section 120.68, Florida Statutes (1979); Rice v. Department

Griffin v. ST. JOHNS RIVER WATER, ETC.

409 So. 2d 208

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 525889

Cited 3 times | Published

must perfect its appeal in accordance with section 120.68. If it claims the agency action constitutes

Bureau of Crimes Compensation v. Williams

405 So. 2d 747

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1703660

Cited 3 times | Published

award of attorney's fees. We have jurisdiction. § 120.68, Fla. Stat. (1979). When the legislature originally

Bureau of Crimes Compensation v. Williams

405 So. 2d 747

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1703660

Cited 3 times | Published

award of attorney's fees. We have jurisdiction. § 120.68, Fla. Stat. (1979). When the legislature originally

City of Lake Wales v. Public Employees Relations Commission

402 So. 2d 1224, 1981 Fla. App. LEXIS 20589

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 64584813

Cited 3 times | Published

This court is required by the provisions of section 120.68(7), Florida Statutes, to deal separately with

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

additional inquiry is answered by the provisions of § 120.68, particularly 120.68(8), which sets out the standards

Sarasota County v. DEPT. OF ADMINISTRATION

350 So. 2d 802

District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757857

Cited 3 times | Published

declaratory statement in this court pursuant to Section 120.68, Florida Statutes (Supp. 1976). Some time after

Poirier v. DIV. OF HEALTH, STATE DEPT. OF HEALTH AND REHABILITATIVE SERV.

351 So. 2d 50

District Court of Appeal of Florida | Filed: Aug 5, 1977 | Docket: 1671841

Cited 3 times | Published

provision of the Administrative Procedures Act, Section 120.68, Florida Statutes (1975), petitioner challenges

Perkins v. Pare

352 So. 2d 64

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 1694746

Cited 3 times | Published

within the scope of either Fla.App. Rule 4.2 or Section 120.68(1), Florida Statutes (Supp. 1976) (the latter

Daniel Albert Standard v. State, Department of Revenue, etc.

249 So. 3d 798

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587959

Cited 2 times | Published

action aside, as provided by section 120.68, Florida Statutes. § 120.68(8), Fla. Stat. Appellant fails

Omar Elmouki v. Department of Transportation

251 So. 3d 290

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7387546

Cited 2 times | Published

by filing with the clerk of the Department. See § 120.68(2)(a), Fla. Stat. (“All proceedings [for judicial

Robert K. Robinson v. Commission on Ethics

242 So. 3d 467

District Court of Appeal of Florida | Filed: Mar 29, 2018 | Docket: 6349198

Cited 2 times | Published

public report is governed by the standards in section 120.68: the factual findings are reviewed for competent

Mobley ex rel. Mobley v. State

181 So. 3d 1233, 2015 Fla. App. LEXIS 18906, 2015 WL 9258274

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 60252535

Cited 2 times | Published

So.3d 1009, 1011 (Fla. 1st DCA 2009) (citing to § 120.68(7), Fla. Stat. (2003); State, Bd. of Trustees

Bollone v. Department of Management Services, Division of Retirement

100 So. 3d 1276, 2012 Fla. App. LEXIS 20233, 2012 WL 5897617

District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60225622

Cited 2 times | Published

administrative agency’s forfeiture order is governed by section 120.68, Florida Statutes (2010). Simcox v. City of

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

Accordingly, we reverse the agency’s final order. See § 120.68(7)(d). Reversed. WALLACE, J., and BAUMANN, HERBERT

Finch v. Department of Revenue

65 So. 3d 1150, 2011 Fla. App. LEXIS 11374, 2011 WL 2848630

District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 2360997

Cited 2 times | Published

2d 1048, 1048-49 (Fla. 1st DCA 2006); see also § 120.68(10), Fla. Stat. (2010). In addition, the ALJ erred

Boca Airport, Inc. v. Florida Department of Revenue

56 So. 3d 140, 2011 Fla. App. LEXIS 3471, 2011 WL 890945

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2362092

Cited 2 times | Published

final agency action reviewable pursuant to section 120.68(1), Florida Statutes. Appellants argue that

Payne v. City of Miami

52 So. 3d 707, 2010 Fla. App. LEXIS 18759, 2010 WL 4962859

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297840

Cited 2 times | Published

Review Our review of this case is limited by section 120.68, Florida Statutes (2004). The court shall remand

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

under a competent substantial evidence standard. § 120.68(10), Fla. Stat.; Legal Envtl. Assistance Foundation

Achord v. Osceola Farms Co.

52 So. 3d 699, 2010 Fla. App. LEXIS 12724, 2010 WL 3418381

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 2408391

Cited 2 times | Published

appeal to a judicial tribunal is provided by section 120.68, Florida Statutes (1985). There is no suggestion

Department of Revenue v. Hoover

40 So. 3d 99, 2010 Fla. App. LEXIS 10456, 2010 WL 2787459

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1667054

Cited 2 times | Published

only in the district courts of appeal under section 120.68, Florida Statutes (2008). In order to understand

A. Duda & Sons, Inc. v. St. Johns River Water Management District

17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1644483

Cited 2 times | Published

" In doing so, we observe that pursuant to section 120.68(7)(d), Florida Statutes (2007),[4] the standard

A. Duda & Sons, Inc. v. St. Johns River Water Management District

17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1644483

Cited 2 times | Published

" In doing so, we observe that pursuant to section 120.68(7)(d), Florida Statutes (2007),[4] the standard

Creative Choice XXV, Ltd. v. FLORIDA HOUSING FINANCE CORP.

991 So. 2d 899, 2008 Fla. App. LEXIS 10949, 2008 WL 2755165

District Court of Appeal of Florida | Filed: Jul 17, 2008 | Docket: 1724880

Cited 2 times | Published

agency action is entitled to judicial review." § 120.68, Fla. Stat. (2007). See, e.g., Martin Luther King

Lynch v. UNEMPLOYMENT APPEALS COM'N

988 So. 2d 25, 2008 WL 2550746

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1384753

Cited 2 times | Published

maintains it headquarters or where a party resides." § 120.68(2) Fla. Stat. (1995). Mendelman, 674 So.2d at

Coral Gables v. STATHERS MEMORIAL LODGE 7

976 So. 2d 57, 2008 WL 313442

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1680703

Cited 2 times | Published

administrative agency as to the weight of the evidence. § 120.68(7)(b), (10), Fla. Stat. (2006). This general principle

Coral Gables v. STATHERS MEMORIAL LODGE 7

976 So. 2d 57, 2008 WL 313442

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1680703

Cited 2 times | Published

administrative agency as to the weight of the evidence. § 120.68(7)(b), (10), Fla. Stat. (2006). This general principle

St. Michael's Academy v. State, Dcf

965 So. 2d 169, 2007 WL 2274621

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1509031

Cited 2 times | Published

Florida Rules of Appellate Procedure, and section 120.68, Florida Statutes (2006).

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

, 881 So.2d 682, 683 (Fla. 5th DCA 2004); see § 120.68(7), Fla. Stat. (2005). When factual findings are

Matar v. Florida Intern. University

944 So. 2d 1153, 2006 Fla. App. LEXIS 20782, 2006 WL 3615114

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 244546

Cited 2 times | Published

process; and (4) the penalty was too severe. *1157 Section 120.68, Florida Statutes, provides that "[a] party

Amendments to Rules of Juv. Procedure-Forms

934 So. 2d 438, 2006 WL 1838942

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460945

Cited 2 times | Published

action under the Administrative Procedure Act, section 120.68, Florida Statutes (Supp.1976); (4) appeals

Aetna Health, Inc. v. 21st Century Oncology, Inc.

919 So. 2d 619, 2006 Fla. App. LEXIS 424, 2006 WL 141052

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1678522

Cited 2 times | Published

erroneous, then the Court has the authority under section 120.68(7), Florida Statutes (2005), to set aside the

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

this matter remanded for further proceedings. § 120.68(7)(e)4., Fla. Stat. (2005) (requiring a court

MH v. Nassau County School Board

918 So. 2d 316, 206 Educ. L. Rep. 462, 2005 Fla. App. LEXIS 16463

District Court of Appeal of Florida | Filed: Oct 18, 2005 | Docket: 1361339

Cited 2 times | Published

competent substantial evidence standard provided in section 120.68."); Cohen ex rel. Cohen v. Sch. Bd. of Dade

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

in the record" of the administrative hearing. § 120.68(7)(b). Section 120.57(1)(c) specifically provides

Knight v. Winn

910 So. 2d 310, 2005 WL 2086195

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1744687

Cited 2 times | Published

supported by competent, substantial evidence. See § 120.68(7)(b), Fla. Stat. However, this court may not

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

amended rule would forbid, not facilitate; and section 120.68 has to do with judicial review of agency action

Gaudet v. Board

900 So. 2d 574, 2004 WL 2290393

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 463078

Cited 2 times | Published

final administrative orders is authorized by section 120.68(1), Florida Statutes. Appellate courts are

Resort Sales Intern., Inc. v. FLA DEPT. OF BUS.

795 So. 2d 1040, 2001 WL 1093042

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1673210

Cited 2 times | Published

the record of the proceedings before the agency. § 120.68(4), Fla. Stat. (1999); District School Board of

United Ins. Co. v. State Dept. of Ins.

793 So. 2d 1182, 2001 WL 1093046

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1678072

Cited 2 times | Published

(Appellants). We have jurisdiction pursuant to section 120.68, Florida Statutes (1999). Appellants contend

Equity Corp. Holdings, Inc. v. Dept. of Banking and Finance

772 So. 2d 588, 2000 WL 1759858

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 1729446

Cited 2 times | Published

correct interpretation compels a particular action". § 120.68(7)(d), Fla. Stat. However, this court is not required

State, Dot v. Ohm Remediation Services

772 So. 2d 572, 2000 WL 1706889

District Court of Appeal of Florida | Filed: Nov 16, 2000 | Docket: 1729393

Cited 2 times | Published

2000, denied the requested protective order. Section 120.68(1), Florida Statutes (1999), provides in relevant

Lee County v. SO. FLA. WATER MGMT. DIST.

766 So. 2d 1103, 2000 WL 1153294

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1329644

Cited 2 times | Published

resolution as a final agency action pursuant to section 120.68, Florida Statutes (1999), which provides that

Florida Mun. Power Agency v. Department of Rev.

764 So. 2d 914, 2000 WL 1153112

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1516130

Cited 2 times | Published

interpretation of the statute is clearly erroneous. See § 120.68(7)(d), Fla. Stat. (1999); Regal Kitchens, Inc

Caddy v. State, Dept. of Health

764 So. 2d 625, 2000 WL 282539

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 2538962

Cited 2 times | Published

Gorda, 686 So.2d 724 (Fla. 1st DCA 1997), and section 120.68(9), Florida Statutes (1997). We also find it

School Bd. of Martin County v. As

727 So. 2d 1071, 1999 Fla. App. LEXIS 1770, 1999 WL 89415

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 1730109

Cited 2 times | Published

of the Florida Administrative Procedure Act, section 120.68, Florida Statutes (1997). The issues for review

So. States Util. v. FLA. PUB. SERV. COM'N

714 So. 2d 1046

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 461616

Cited 2 times | Published

), 92 F.P.S.C. 4:547, 551-552 (1992). Under section 120.68, Florida Statutes (Supp.1996), remand is required

Rowell v. STATE, DEPT. OF LAW ENFORCE.

700 So. 2d 1242, 1997 WL 637640

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 1719694

Cited 2 times | Published

subject to direct review in a district court. See § 120.68, Fla. Stat.; Fla. R.App. P. 9.030(b)(1)(C); Bureau

WARNING SAFETY LIGHTS v. Dept. of Rev.

678 So. 2d 1377, 1996 WL 496653

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1737011

Cited 2 times | Published

Department's Declaratory Statement pursuant to section 120.68(9)(a), Florida Statutes (1993). WSLG is a duly

McKinney v. Castor

667 So. 2d 387, 1995 WL 706853

District Court of Appeal of Florida | Filed: Dec 4, 1995 | Docket: 160080

Cited 2 times | Published

standard of appellate review is set forth in section 120.68(10), Florida Statutes (1993): If the agency's

Tenbroeck v. Castor

640 So. 2d 164, 1994 WL 391330

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1719046

Cited 2 times | Published

Turlington, 510 So.2d 292 (Fla. 1987). Pursuant to section 120.68(10), Florida Statutes, governing appellate

Egner v. UNEMPLOYMENT APPEALS COM'N

633 So. 2d 1157, 1994 WL 86446

District Court of Appeal of Florida | Filed: Mar 21, 1994 | Docket: 1296509

Cited 2 times | Published

for review of that order in accordance with section 120.68(1), Florida Statutes, which provides for interlocutory

Roberts v. Castor

629 So. 2d 311, 1993 WL 533766

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 1264228

Cited 2 times | Published

substantial evidence to support the findings of fact. Section 120.68(10), Fla. Stat. (1991). Accordingly, the final

Lindsey v. Bd. of Regents

629 So. 2d 941, 1993 WL 504490

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 1677326

Cited 2 times | Published

been impaired by a material error in procedure." § 120.68(12)(b), (10), (8), Fla. Stat. (1991). The agency's

B & H Travel v. Dept of Com. Affairs

602 So. 2d 1362, 1992 WL 176971

District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 1694150

Cited 2 times | Published

Department's final order, we are mindful of section 120.68(12), Florida Statutes, which permits us to

Dist. School Bd. of Putnam Cty. v. Dm Roderick Obo Mercer

593 So. 2d 1174, 1992 Fla. App. LEXIS 1297, 1992 WL 24472

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 446474

Cited 2 times | Published

case "as provided by s. 120.68." Specifically, section 120.68(10) provides that the appellate court shall

Newberry v. Florida Dept. of Law Enforcement

585 So. 2d 500, 1991 WL 181454

District Court of Appeal of Florida | Filed: Sep 17, 1991 | Docket: 1293638

Cited 2 times | Published

competent evidence and therefore we must affirm. See § 120.68(10), Fla. Stat. (1989). Finally, Newberry argues

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

Commission pursuant to section 163.3184(9) or (10). Section 120.68 grants the right of judicial review to a party

Garcia v. DEPT. OF PROFESSIONAL REG.

581 So. 2d 960, 1991 WL 104523

District Court of Appeal of Florida | Filed: Jun 18, 1991 | Docket: 1283729

Cited 2 times | Published

Regulation, 395 So.2d 604 (Fla. 3rd DCA 1981); Section 120.68, Florida Statutes (1989); Rule 9.100 (a), Florida

Sandsbury Lee v. Richard L. Dugger

902 F.2d 822, 1990 U.S. App. LEXIS 8787, 1990 WL 63766

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 1990 | Docket: 825120

Cited 2 times | Published

petition in [a] district court of appeal.” Id. § 120.68(2). Petitions for an extraordinary writ (habeas

Sarasota County Public Hosp. Bd. v. Dhrs

553 So. 2d 189

District Court of Appeal of Florida | Filed: Oct 11, 1989 | Docket: 1675562

Cited 2 times | Published

that a material error in procedure had occurred, § 120.68(8), Fla. Stat. (1977). 370 So.2d at 23. This court

Nach v. DEPT. OF PRO. REG., BD. OF MED. EX.

528 So. 2d 908

District Court of Appeal of Florida | Filed: Apr 29, 1988 | Docket: 1717311

Cited 2 times | Published

patient records. We have jurisdiction pursuant to section 120.68(1), Florida Statutes (1985). We affirm the

Buns Unlimited v. Unemp Appeals Com'n

508 So. 2d 786, 12 Fla. L. Weekly 1552

District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1648889

Cited 2 times | Published

correctly apply the law to the facts in this case, section 120.68(9), Florida Statutes (1985), we reverse. Claimant

Medivision v. Dept. of Health & Rehab. Serv.

488 So. 2d 886

District Court of Appeal of Florida | Filed: May 15, 1986 | Docket: 1685347

Cited 2 times | Published

jurisdiction of this court pursuant to Fla. Stat. section 120.68(1) (1985) to review an order of a hearing officer

FRIENDS OF EVERGLADES, INC. v. Zoning Bd.

478 So. 2d 1126, 10 Fla. L. Weekly 2533

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 1741706

Cited 2 times | Published

otherwise, and appellant does not show, as required by § 120.68(1), Florida Statutes, that review of a final agency

Baptist Medical Center v. Stolte

475 So. 2d 959, 10 Fla. L. Weekly 2087

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 1301932

Cited 2 times | Published

erroneously interpreted a provision of the law, Section 120.68(9), Florida Statutes, or remand the case to

Baptist Medical Center v. Stolte

475 So. 2d 959, 10 Fla. L. Weekly 2087

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 1301932

Cited 2 times | Published

erroneously interpreted a provision of the law, Section 120.68(9), Florida Statutes, or remand the case to

Caloosa Property v. Dept. of Env. Reg.

462 So. 2d 523

District Court of Appeal of Florida | Filed: Jan 8, 1985 | Docket: 1509964

Cited 2 times | Published

contrary to our function as appellate tribunal. Section 120.68(10), Florida Statutes (1983); Tuttle/White

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

agency is not "final agency action" pursuant to § 120.68, Fla. Stat. (1981). We deny the motion to dismiss

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

agency is not "final agency action" pursuant to § 120.68, Fla. Stat. (1981). We deny the motion to dismiss

DEPT. OF PROFESSIONAL REG. v. LeBaron

443 So. 2d 225

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1459066

Cited 2 times | Published

Florida Rule of Appellate Procedure 9.100 and Section 120.68(1), Florida Statutes (1981). This statute provides

Beckum v. State, Department of Professional Regulation

427 So. 2d 276

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1648131

Cited 2 times | Published

petition for review of nonfinal agency action. See § 120.68(1), Florida Statutes (1982). Beckum's petition

Kirsch v. Greadington

425 So. 2d 153

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 1182522

Cited 2 times | Published

final action should be judicially reviewed under § 120.68 of the Administrative Procedure Act. The effect

Ampuero v. DEPT. OF PROF. REGULATION, ETC.

410 So. 2d 213

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 478113

Cited 2 times | Published

NOTES [1] We have jurisdiction pursuant to Section 120.68(1), Florida Statutes (1979).

Canter v. FLORIDA PAROLE & PROBATION COM'N

409 So. 2d 227, 1982 Fla. App. LEXIS 19125

District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 526303

Cited 2 times | Published

appealable in accordance with the dictates of Section 120.68, Administrative Procedure Act, and the Florida

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

agency's judgment concerning the weight of evidence. § 120.68(10), Fla. Stat. (1979). For these reasons, we

Dept. of Business Regulation v. Provende, Inc.

399 So. 2d 1038

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1652468

Cited 2 times | Published

its allegation of a due process violation. Section 120.68(1), supra, provides that a preliminary, procedural

Department of Business Regulation v. NK, INC.

399 So. 2d 416

District Court of Appeal of Florida | Filed: Jun 2, 1981 | Docket: 330784

Cited 2 times | Published

the present case clearly had another remedy. Section 120.68, Florida Statutes (1979), provides for immediate

Krestview Nursing Home v. Dept. of Health

381 So. 2d 240, 1979 Fla. App. LEXIS 15268

District Court of Appeal of Florida | Filed: Jul 12, 1979 | Docket: 1719846

Cited 2 times | Published

action", and filed this appeal pursuant to Section 120.68, Florida Statutes (1977). Prior to filing the

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

nor remand but, instead, in accordance with F.S. 120.68(9)(a) we modify the penalty imposed by respondent

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

1977). This court has jurisdiction pursuant to Section 120.68(1) and Fla.R.App.P. 9.100. Fiat Motors of North

FIRST NAT. BANK OF MIRAMAR v. Lewis

355 So. 2d 869

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 2540667

Cited 2 times | Published

Department's order pending our review of the merits. Section 120.68, Florida Statutes (Supp. 1976). Petitioner

Nelson v. State Board of Accountancy

355 So. 2d 216

District Court of Appeal of Florida | Filed: Feb 23, 1978 | Docket: 1243124

Cited 2 times | Published

procedural, or intermediate agency action pursuant to § 120.68(1), Florida Statutes (1975), and on the State

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

teacher's contract, and ordered her reinstated. Section 120.68, Florida Statutes (Supp. 1976). In a controversy

Donna Leah T. Brewer, LPN v. Florida Department of Health, Board of Nursing

268 So. 3d 871

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819621

Cited 1 times | Published

III Section 120.68(7)(e), Florida Statutes, requires an agency’s

RECOVERY RACING, LLC d/b/a MASERATI OF FT. LAUDERDALE v. MASERATI NORTH AMERICA, INC.

261 So. 3d 600

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485193

Cited 1 times | Published

correct interpretation compels a particular action.” § 120.68(7)(d), Fla. Stat. (2017). The contractual

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

appeal of the final agency order followed. See § 120.68(1)(a), Fla. Stat. (2017) (“A party who is adversely

Department of Revenue, on behalf of Haydie Marquez v. Calixto Manuel Lopez

252 So. 3d 823

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7569519

Cited 1 times | Published

Order the right to appeal to this court. See also § 120.68 and 409.2563(10)(a), Fla. Stat. DOR appealed,

Delgado v. Agency for Health Care Admin.

237 So. 3d 432

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64673084

Cited 1 times | Published

we are required to reverse the Final Order. See § 120.68(7)(c), Fla. Stat. (2016). However, remand for

Delgado v. Agency for Health Care Admin.

237 So. 3d 432

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64673084

Cited 1 times | Published

we are required to reverse the Final Order. See § 120.68(7)(c), Fla. Stat. (2016). However, remand for

Paylan, M.D. v. Depart. of Health

226 So. 3d 296, 2017 WL 2491562, 2017 Fla. App. LEXIS 8500

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071529

Cited 1 times | Published

881 So.2d 682, 683 (Fla. 5th DCA 2004) (citing § 120.68(7), Fla. Stat. (2002)); see also Bollone v. Dep’t

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

arising from a bid protest is governed- by section 120.68, Florida Statutes (2016). Administrative conclusions

M.T. v. Agency for Persons With Disabilities

212 So. 3d 413, 2016 Fla. App. LEXIS 12754

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415732

Cited 1 times | Published

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

Zane Paul Webber v. State of Florida, Dept. of Business etc.

198 So. 3d 922, 2016 Fla. App. LEXIS 11606, 2016 WL 4087794

District Court of Appeal of Florida | Filed: Aug 2, 2016 | Docket: 4115849

Cited 1 times | Published

See Art. V, § 4(b)(1), Fla. Const.; § 120.68(l)(b), Fla. Stat. (2015); Fla. R, App. P. 9.100(a)

American Heritage Window Fashions, LLC v. Department of Revenue

191 So. 3d 516, 2016 WL 2609522, 2016 Fla. App. LEXIS 6983

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3061538

Cited 1 times | Published

interpretation compels a particular result, see § 120.68(7)(d), we consider de novo the issue of whether

Desmond D. Dillion v. Department of Revenue, Child Support Enforcement Program

189 So. 3d 353, 2016 WL 1688579, 2016 Fla. App. LEXIS 6426

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062297

Cited 1 times | Published

court “shall” remand for “further proceedings.” § 120.68(7)(a), Fla. Stat. (2016); Brown v. State

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

the Board’s forfeiture order is governed by section 120.68, Florida Statutes (2014). Bollone v.

William Kale, Ph.D. v. Department of Health

175 So. 3d 815, 2015 WL 3516737

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2662141

Cited 1 times | Published

556 (Fla. 1st DCA 2007); see also § 120.68(7), Fla. Stat. (2013) (providing that a court

Diez v. Reemployment Assistance Appeals Commission

152 So. 3d 1269, 2014 Fla. App. LEXIS 20807, 2014 WL 7273573

District Court of Appeal of Florida | Filed: Dec 23, 2014 | Docket: 60244725

Cited 1 times | Published

interpretation of the applicable law is erroneous, see section 120.68(7)(d), Florida Statutes, we must AFFIRM the

Diez v. Reemployment Assistance Appeals Commission

152 So. 3d 1269, 2014 Fla. App. LEXIS 20807, 2014 WL 7273573

District Court of Appeal of Florida | Filed: Dec 23, 2014 | Docket: 60244725

Cited 1 times | Published

interpretation of the applicable law is erroneous, see section 120.68(7)(d), Florida Statutes, we must AFFIRM the

Jeanne Emiddio v. Florida Office of Financial Regulation

147 So. 3d 587, 2014 Fla. App. LEXIS 13667, 2014 WL 4327946

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150912

Cited 1 times | Published

927 So.2d 28, 26 (Fla. 4th DCA 2006) (quoting § 120.68(7)(d), Fla. Stat. (2002)). Our Supreme Court

Brennan v. City of Miami

146 So. 3d 119, 2014 Fla. App. LEXIS 13677, 2014 WL 4340997

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150539

Cited 1 times | Published

supports an administrative agency’s decision. § 120.68, Fla. Stat. (2012). See also Braddock v

Winick v. Department of Children & Family Services

161 So. 3d 464, 2014 WL 2751035, 2014 Fla. App. LEXIS 9190

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60247163

Cited 1 times | Published

(QI-1) Medicaid Program. We have jurisdiction. § 120.68, Fla. Stat. (2012); Fla. R. App. P. 9.030(b)(1)(C)

Sowell v. State

136 So. 3d 1285, 2014 Fla. App. LEXIS 7050, 2014 WL 1882209

District Court of Appeal of Florida | Filed: May 12, 2014 | Docket: 60239971

Cited 1 times | Published

action” entitled to judicial review as allowed by section 120.68(1). We agree. Section 194.036(l)(c) provides

Kauk v. Department of Financial Services

131 So. 3d 805, 2014 WL 28301, 2014 Fla. App. LEXIS 107

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60238176

Cited 1 times | Published

licensure. II. A. Our review is governed by section 120.68(7), Florida Statutes (2012). Under this statute

Agency for Persons With Disabilities v. C.B.

130 So. 3d 713, 2013 WL 6635803, 2013 Fla. App. LEXIS 19914

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60237857

Cited 1 times | Published

evidence, and the conclusions of law de novo. See § 120.68(7), Fla. Stat.; Moreland v. Agency for Persons

Butler v. Board of Nursing

107 So. 3d 1184, 2013 WL 541111, 2013 Fla. App. LEXIS 2295

District Court of Appeal of Florida | Filed: Feb 14, 2013 | Docket: 60228582

Cited 1 times | Published

procedural error requiring reversal and remand. See § 120.68(7)(c) Fla. Stat.(2011). Accordingly, we REVERSE

Department of Revenue, Child Support Enforcement v. Cessford

100 So. 3d 1199, 2012 Fla. App. LEXIS 19541, 2012 WL 5458066

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225561

Cited 1 times | Published

order. See § 409.2563(10)(c). Additionally, section 120.68(1), Florida Statutes (2010), provides that

Department of Revenue, Child Support Enforcement v. Cessford

100 So. 3d 1199, 2012 Fla. App. LEXIS 19541, 2012 WL 5458066

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225561

Cited 1 times | Published

order. See § 409.2563(10)(c). Additionally, section 120.68(1), Florida Statutes (2010), provides that

Reese v. Reemployment Assistance Appeals Commission

103 So. 3d 195, 2012 Fla. App. LEXIS 16559, 2012 WL 4511642

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60226998

Cited 1 times | Published

714 So.2d 512, 515 (Fla. 3d DCA 1998) (citing § 120.68(7)(d), Fla. Stat. (1997)); Fla. Hosp. v. Agency

Decker v. University of West Florida

85 So. 3d 571, 2012 Fla. App. LEXIS 6312, 2012 WL 1392660

District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60307387

Cited 1 times | Published

within the statutory definition of an agency. See § 120.68(1), Fla. Stat.; Eckert v. Board of Com’rs of North

Myles v. Florida Department of Revenue

80 So. 3d 1135, 2012 Fla. App. LEXIS 3452, 2012 WL 695639

District Court of Appeal of Florida | Filed: Mar 6, 2012 | Docket: 329680

Cited 1 times | Published

Statutes. The order is appealable pursuant to section 120.68, Florida Statutes. The Department of Revenue

Colson v. Florida Unemployment Appeals Commission

76 So. 3d 1042, 2011 Fla. App. LEXIS 19995, 2011 WL 6224593

District Court of Appeal of Florida | Filed: Dec 15, 2011 | Docket: 2360606

Cited 1 times | Published

agency's final order could be set aside, under section 120.68(7), Florida Statutes, the final order is affirmed

Jerry Ulm Dodge, Inc. v. CHRYSLER GROUP LLC

78 So. 3d 20, 2011 Fla. App. LEXIS 19724, 2011 WL 6117218

District Court of Appeal of Florida | Filed: Dec 9, 2011 | Docket: 2352047

Cited 1 times | Published

supported by competent, substantial evidence. § 120.68(7)(b), Florida Statutes (2010). However, "[a]lthough

Jerry Ulm Dodge, Inc. v. CHRYSLER GROUP LLC

78 So. 3d 20, 2011 Fla. App. LEXIS 19724, 2011 WL 6117218

District Court of Appeal of Florida | Filed: Dec 9, 2011 | Docket: 2352047

Cited 1 times | Published

supported by competent, substantial evidence. § 120.68(7)(b), Florida Statutes (2010). However, "[a]lthough

Hood v. Florida Unemployment Appeals Commission

72 So. 3d 273, 2011 Fla. App. LEXIS 16266, 2011 WL 4905746

District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 60303237

Cited 1 times | Published

agency’s final order could be set aside, under section 120.68(7), Florida Statutes, the final order is affirmed

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

agency action is entitled to judicial review." § 120.68(1), Fla. Stat. (2010). A reviewing court may remand

McQuade v. Florida Department of Corrections

51 So. 3d 489, 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816

District Court of Appeal of Florida | Filed: Nov 30, 2010 | Docket: 2407832

Cited 1 times | Published

correct interpretation compels a particular action.” § 120.68(7)(d), Fla. Stat. (2009); Brown, 969 So.2d at

Department of Revenue Ex Rel. Simmons v. Wardlaw

48 So. 3d 170, 2010 Fla. App. LEXIS 18019, 2010 WL 4740291

District Court of Appeal of Florida | Filed: Nov 24, 2010 | Docket: 557887

Cited 1 times | Published

Support, we reverse the circuit court's order. See § 120.68, Fla. Stat. (2009); Dep't of Revenue v. Manasala

Cochran v. Florida Unemployment Appeals Commission

46 So. 3d 1195, 2010 Fla. App. LEXIS 17138, 2010 WL 4483710

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2558769

Cited 1 times | Published

County, 481 So.2d 953, 955 (Fla. 1st DCA 1986); § 120.68(7)(b), Fla. Stat. Thus, I réspectfully dissent

Friends of Perdido Bay, Inc. v. Florida Department of Environmental Protection

44 So. 3d 650, 2010 Fla. App. LEXIS 14076, 2010 WL 3655891

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2397170

Cited 1 times | Published

by the application of section 403.088. See section 120.68(1), Florida Statutes (2007) ("A party who is

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

Board, 597 So.2d 419 (Fla. 2d DCA 1992). See also § 120.68, Fla. Stat. (2009). SALTER, J., and SCHWARTZ,

Neumont v. Florida

610 F.3d 1249, 2010 U.S. App. LEXIS 13595, 2010 WL 2629483

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2010 | Docket: 1546388

Cited 1 times | Published

administrative act under Florida Statutes § 120.68. Section 120.68 does provide for judicial review of administrative

Roadrunner Construction, Inc. v. Department of Financial Services, Division of Workers' Compensation

33 So. 3d 78, 2010 Fla. App. LEXIS 3849, 2010 WL 1077092

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1247116

Cited 1 times | Published

resides, or as otherwise provided by law. See § 120.68(2), Fla. Slat. (2009). We take note of the fact

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

to the Department for further proceedings. See § 120.68(7)(a), Fla. Stat. (2009); McIntyre v. Seminole

Florida Power & Light Co. v. Florida Public Service Commission

31 So. 3d 860, 30 I.E.R. Cas. (BNA) 805, 2010 Fla. App. LEXIS 2528, 2010 WL 728211

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1647707

Cited 1 times | Published

mandamus as appeals from non-final agency action. See § 120.68(1), Fla. Stat. (2008); Fla. R.App. P. 9.100, 9

Miley v. Department of Revenue

23 So. 3d 1284, 2010 Fla. App. LEXIS 25, 2010 WL 22694

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 50865

Cited 1 times | Published

competent, substantial evidence, we affirm. See § 120.68(10), Fla. Stat. (2008). Our affirmance is without

Dorcely v. State Department of Business & Professional Regulation

22 So. 3d 834, 2009 Fla. App. LEXIS 17683, 2009 WL 4061078

District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 60267118

Cited 1 times | Published

supported by competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2008); see also Maynard v.

Morris v. Florida Agricultural & Mechanical University

23 So. 3d 167, 2009 Fla. App. LEXIS 15617, 2009 WL 3316922

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 60281994

Cited 1 times | Published

agency action is entitled to judicial review. § 120.68(1), Fla. Stat. (2008). If an agency acts without

Hallendy v. Florida Atlantic University

16 So. 3d 1057, 2009 Fla. App. LEXIS 13774, 2009 WL 2949291

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1640718

Cited 1 times | Published

So.2d 1187, 1189 (Fla. 3d DCA 2006) (citing section 120.68(7), Florida Statutes (2005)). See also Roman

St. Vincent's Medical Center, Inc. v. Bennett

27 So. 3d 65, 2009 Fla. App. LEXIS 12744, 2009 WL 2602286

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1664696

Cited 1 times | Published

supported by competent, substantial evidence. § 120.68(7) and (10), Fla. Stat.; see Nagy, 813 So.2d at

School District of Martin County v. Public Employees Relations Commission

15 So. 3d 42, 2009 Fla. App. LEXIS 5428, 2009 WL 1393705

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1660793

Cited 1 times | Published

rule of deference, our review is governed by section 120.68, Florida Statutes (2001), which provides that

Cropsey v. School Board of Manatee County

19 So. 3d 351, 2009 Fla. App. LEXIS 3957, 2009 WL 1161345

District Court of Appeal of Florida | Filed: May 1, 2009 | Docket: 1165109

Cited 1 times | Published

Cropsey for competent, substantial evidence. See § 120.68(7)(a), Fla. Stat. (2006). The School Board's interpretation

Cropsey v. School Board of Manatee County

19 So. 3d 351, 2009 Fla. App. LEXIS 3957, 2009 WL 1161345

District Court of Appeal of Florida | Filed: May 1, 2009 | Docket: 1165109

Cited 1 times | Published

Cropsey for competent, substantial evidence. See § 120.68(7)(a), Fla. Stat. (2006). The School Board's interpretation

Roman v. Department of Children and Families

6 So. 3d 698, 2009 Fla. App. LEXIS 2506, 2009 WL 763544

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 2540514

Cited 1 times | Published

supported by substantial competent evidence. See § 120.68(7)(b), Fla. Stat. (2008). We affirm the order

Porter v. Florida Unemployment Appeals Commission

1 So. 3d 1101, 2009 Fla. App. LEXIS 133

District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 1653902

Cited 1 times | Published

So.2d 1256, 1256 (Fla. 1st DCA 2004); see also § 120.68(7)(b), Fla. Stat. (2007). The appeals referee

Fox v. Department of Health

994 So. 2d 416, 2008 Fla. App. LEXIS 16424, 2008 WL 4643822

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1666674

Cited 1 times | Published

competent, substantial evidence in the record." § 120.68, Fla. Stat. (2007). A witness' testimony that

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

Appellate Procedure 9.100(c)(3) and 9.190(b)(2) and section 120.68(1), Florida Statutes (2007) (allowing immediate

State, Department of Revenue ex rel. Chamberlain v. Manasala

982 So. 2d 1257, 2008 Fla. App. LEXIS 8098, 2008 WL 2228828

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 64854928

Cited 1 times | Published

of the Division of Administrative Hearings. Section 120.68(2)(a), Florida Statutes (2006), provides: Judicial

Norkunas v. STATE BLDG. COM'N

982 So. 2d 1227, 2008 WL 2167981

District Court of Appeal of Florida | Filed: May 27, 2008 | Docket: 2583850

Cited 1 times | Published

We dismiss the appeal for lack of standing. Section 120.68(1), Florida Statutes (2007), provides for judicial

ALPHA ETA CHAPTER v. University of Florida

982 So. 2d 55, 2008 WL 1696720

District Court of Appeal of Florida | Filed: Apr 14, 2008 | Docket: 1664949

Cited 1 times | Published

administrative action, as prescribed by general law"); § 120.68(1) & (2)(a), Fla. Stat. (2007) (providing that

Rigau v. DISTRICT SCH. BD. OF PASCO COUNTY

961 So. 2d 382, 2007 WL 2213321

District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 1515749

Cited 1 times | Published

evidence that Ryan was under the influence. See § 120.68(10), Fla. Stat. (2005) (courts shall set aside

COASTAL FUELS MKTG. v. Canaveral Port Auth.

962 So. 2d 942, 2007 Fla. App. LEXIS 11005, 2007 WL 2065777

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1519379

Cited 1 times | Published

sought direct review in this Court, pursuant to section 120.68, Florida Statutes (2006), which authorizes

Itid v. Dca

946 So. 2d 640

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 1771933

Cited 1 times | Published

be "adversely affected by final agency action." § 120.68(1), Fla. Stat. (2006). As one who was providing

City of Marathon v. PROF. FIREFIGHTERS

946 So. 2d 1187, 2006 WL 3780853

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 2524796

Cited 1 times | Published

of the [C]ommission pursuant to s. 120.68."); § 120.68(1), Fla. Stat. (2005)("A party who is adversely

Lenard v. ALPHA" a BEGINNING" INC.

945 So. 2d 618, 2006 WL 3751349

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 1725318

Cited 1 times | Published

correctly applied the applicable statutory criteria. § 120.68(7), (8), Fla. Stat. (2005); City of Lake Wales

Ass'n of Fla. Community Developers v. Dep

943 So. 2d 989

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1527339

Cited 1 times | Published

794 So.2d 696, 701 (Fla. 1st DCA 2001) (citing § 120.68(7), Fla. Stat. (1999)). A rule is an invalid exercise

Matteini v. Florida Birth-Related Neurological

946 So. 2d 1092, 2006 Fla. App. LEXIS 20576, 2006 WL 3523624

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 64848609

Cited 1 times | Published

review of the ALJ’s final order is governed by section 120.68, Florida Statutes (2005). See Legal Envtl.

Young v. DEPARTMENT OF EDUC.

943 So. 2d 901, 2006 WL 3454747

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1526859

Cited 1 times | Published

the Department's final order is governed by section 120.68, Florida Statutes (2005). A reviewing court

Mullins v. Department of Law Enforcement

942 So. 2d 998, 2006 Fla. App. LEXIS 20052, 2006 WL 3452570

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1471430

Cited 1 times | Published

fact and conclusions of law is governed by section 120.68, Florida Statutes (2005). See Legal Envtl.

Baycare Health System, Inc. v. AHCA

940 So. 2d 563

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1524026

Cited 1 times | Published

and that our limited scope of review under section 120.68 does not permit this court to reverse the AHCA's

Wovas v. Tousa Homes, Inc.

940 So. 2d 1166, 2006 WL 2574508

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 433224

Cited 1 times | Published

party resides or as otherwise provided by law." § 120.68(2)(a), Fla. Stat. (2005). A petition for issuance

Save Our Beaches, Inc. v. Florida Department of Environmental Protection

27 So. 3d 48, 2006 WL 1112700

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 2527282

Cited 1 times | Published

dismissed the appeal. The court noted that section 120.68(1), Florida Statutes, allows judicial review

Boone v. OFFICE OF PROVOST

920 So. 2d 702, 2006 WL 288391

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 857725

Cited 1 times | Published

substantial rights to due process or otherwise. See § 120.68(7)(c), Fla. Stat. (2005); Carter v. Dep't of Prof'l

Brown v. Agency for Health Care Administration

890 So. 2d 1170, 2004 Fla. App. LEXIS 20169, 2004 WL 2964878

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1285456

Cited 1 times | Published

discrimination with prejudice and this appeal followed. Section 120.68, Florida Statutes (2003), governs appellate

Department of Health, Board of Dentistry v. Barr

882 So. 2d 501, 2004 Fla. App. LEXIS 13854, 2004 WL 2098751

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832571

Cited 1 times | Published

Escambia County, 582 So.2d at 1239; see also § 120.68(2)(a), Fla. Stat. (2001); Philip J. Padovano,

Melzer v. DEPT. OF COMMUNITY AFFAIRS

881 So. 2d 623, 2004 WL 1738326

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 1465927

Cited 1 times | Published

"adversely affected by the final agency action." § 120.68(1), Fla. Stat. (2002). As we explained in O'Connell

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

773 So.2d 594 (Fla. 1st DCA 2000) (quoting section 120.68(7)(b), Florida Statutes).[6] By contrast, the

O'Connell v. Fl. Dept. of Community Affairs

874 So. 2d 673, 2004 WL 1103674

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 1473836

Cited 1 times | Published

In order to have standing on appeal under section 120.68(1), Florida Statutes (2003), the Appellants

Manuel v. DCFS

880 So. 2d 714

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 2119065

Cited 1 times | Published

compels a particular action." § 120.68(7)(d), Fla. Stat. (2003); see also § 120.68(7)(e)(4) (allowing appellate

International Truck & Engine Corp. v. Capital Truck, Inc.

872 So. 2d 372, 2004 Fla. App. LEXIS 5815, 2004 WL 893181

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 64830199

Cited 1 times | Published

action would not provide an adequate remedy.” See § 120.68(1), Fla. Stat. (2001); Fla. R.App. P. 9.190(b)(2)

Golfview Nursing Home v. STATE, AHCA

859 So. 2d 581, 2003 WL 22768422

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1684304

Cited 1 times | Published

next conclude that reversal is required under section 120.68(7)(c), because the fairness of the proceedings

Mendelsohn v. FL. UNEMPLOYMENT APPEALS COM'N

851 So. 2d 208, 2003 WL 21466932

District Court of Appeal of Florida | Filed: Jun 26, 2003 | Docket: 1691472

Cited 1 times | Published

review of this factual finding is governed by § 120.68(7)(b), Florida Statutes, which precludes an assessment

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

statement as final agency action pursuant to section 120.68, Florida Statutes (2001). [2] See § 120.57

Leto v. STATE DEP

824 So. 2d 283, 2002 WL 1906491

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1435081

Cited 1 times | Published

which constituted final agency action under section 120.68, Florida Statutes (1994). Instead, appellants

DEPT. OF ENVIRON. PROTECTION v. Youel

787 So. 2d 923, 2001 WL 523432

District Court of Appeal of Florida | Filed: May 17, 2001 | Docket: 1744894

Cited 1 times | Published

had a right to judicial review, pursuant to section 120.68, Florida Statutes. Youel failed to appeal;

DEPT. OF ENVIRON. PROTECTION v. Youel

787 So. 2d 923, 2001 WL 523432

District Court of Appeal of Florida | Filed: May 17, 2001 | Docket: 1744894

Cited 1 times | Published

had a right to judicial review, pursuant to section 120.68, Florida Statutes. Youel failed to appeal;

Bell v. Agency for Health Care Administration

768 So. 2d 1203, 2000 Fla. App. LEXIS 12369, 2000 WL 1421363

District Court of Appeal of Florida | Filed: Sep 28, 2000 | Docket: 64800886

Cited 1 times | Published

invalid. We disagree, and reverse the Final Order. § 120.68(7), Fla. Stat. Medicaid is a joint state and federal

Neumont v. Monroe County Florida

104 F. Supp. 2d 1368, 2000 U.S. Dist. LEXIS 9911, 2000 WL 964763

District Court, S.D. Florida | Filed: Jun 21, 2000 | Docket: 2371116

Cited 1 times | Published

claims moot as a matter of law. [2] Fla. Stat. § 120.68 provides for Judicial Review of agency decisions

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

the decision is subject to judicial review. Section 120.68(7) defines the standards that apply in the

Avante, Inc. v. HEALTH CARE ADMIN.

722 So. 2d 965, 1998 WL 906780

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 2567181

Cited 1 times | Published

Petition for Formal Hearing as timely filed. See § 120.68(7)(a), Florida Statutes (1997); Unimed; Machules

Bd. of Clin. Lab. v. Ass'n of Blood Banks

721 So. 2d 317, 1998 WL 432490

District Court of Appeal of Florida | Filed: Aug 3, 1998 | Docket: 1694635

Cited 1 times | Published

legal determinations are not contrary to law. § 120.68(7)(b), (d), Fla. Stat. In the instant case, the

Lost Tree Village Corp. v. Board of Trustees

698 So. 2d 634, 1997 Fla. App. LEXIS 10104, 1997 WL 536031

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775513

Cited 1 times | Published

So.2d 483, 487 (Fla. 1st DCA 1984). See also section 120.68(8), Florida Statutes which provides that deficiencies

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

order before the agency head; 4. Review under section 120.68, Florida Statutes, by one of five district

Caserta v. Department of Business and Professional Regulation

686 So. 2d 651, 1996 Fla. App. LEXIS 12782, 1996 WL 695280

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 1259897

Cited 1 times | Published

120.53 is presumed to be prejudicial error. See § 120.68(8), Fla. Stat. (1993). In sum, we conclude that

Caserta v. Department of Business and Professional Regulation

686 So. 2d 651, 1996 Fla. App. LEXIS 12782, 1996 WL 695280

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 1259897

Cited 1 times | Published

120.53 is presumed to be prejudicial error. See § 120.68(8), Fla. Stat. (1993). In sum, we conclude that

Mendelman v. Dade County Public Schools

674 So. 2d 195, 1996 WL 279219

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1195290

Cited 1 times | Published

maintains it headquarters or where a party resides." § 120.68(2) Fla.Stat. (1995).

Marine Industries Ass'n v. FL. DEPT.

672 So. 2d 878, 1996 WL 210139

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 1763464

Cited 1 times | Published

competent substantial evidence in the record. § 120.68(10), Fla.Stat. (1995). The hearing officer made

Poppe v. Eclectic Business MacHines

661 So. 2d 65, 1995 WL 358266

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 532498

Cited 1 times | Published

power to order the agency to take that action. § 120.68(9), Fla. Stat. (1993). The reviewing court deals

Resolution Trust Corp. v. Mayor

633 So. 2d 1119, 1994 WL 57931

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 1296632

Cited 1 times | Published

§§ 163.3164(20); 163.3189(2)(a). Pursuant to section 120.68(2), the order could be appealed either to this

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

Appellate Procedure 9.030(b)(1)(C) and 9.100, and section 120.68(1), Florida Statutes (1991). It argues that

Agency for Health Care Administration v. ORHS, INC.

617 So. 2d 385

District Court of Appeal of Florida | Filed: Apr 20, 1993 | Docket: 458009

Cited 1 times | Published

review of non-final administrative action under Section 120.68(1), Florida Statutes (1991), Florida Rule of

Carrigan v. UNEMPLOYMENT APPEALS COM'N

615 So. 2d 216, 1993 WL 55963

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 1658593

Cited 1 times | Published

1978) (preponderance of the evidence). See also, § 120.68(10), Fla. Stat. (1991). Mere testimony of customary

Griffith v. Department of Business Regulation, Division of Pari-Mutuel Wagering

613 So. 2d 930, 1993 Fla. App. LEXIS 624, 1993 WL 15649

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64694093

Cited 1 times | Published

substituted findings.” McDonald, 346 So.2d at 579. See § 120.68(7), Fla.Stat. (1989). In the case before us, the

Endress v. FLA. DEPT. OF CORRECTIONS

612 So. 2d 645, 1993 WL 5047

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 1677015

Cited 1 times | Published

proceedings, or to seek judicial review under section 120.68, Florida Statutes, with regard to such agency

Overstreet Paving v. State, Dept. of Transp.

608 So. 2d 851, 1992 Fla. App. LEXIS 10447, 1992 WL 267060

District Court of Appeal of Florida | Filed: Oct 9, 1992 | Docket: 1449374

Cited 1 times | Published

we remand for "ancillary relief" pursuant to section 120.68(13)(a)2., Florida Statutes (1991), in an appropriate

City of Orlando v. Central Florida Police Benevolent Ass'n

595 So. 2d 1087, 1992 Fla. App. LEXIS 2726, 1992 WL 51246

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 64666119

Cited 1 times | Published

Co. of Florida, 59 So.2d 788, 790 (Fla.1952); § 120.68(9), Fla.Stat. (1987). Permissible or possible

Martin Memorial Hosp. Ass'n v. Dhrs

584 So. 2d 39, 1991 WL 120867

District Court of Appeal of Florida | Filed: Jul 5, 1991 | Docket: 466915

Cited 1 times | Published

inadequate because it will come too late. See § 120.68(1), Fla. Stat. (1989). See also City of Orlando

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

reverse and remand for further agency action. § 120.68(8), Fla.Stat. (1987) (“The court shall remand

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

with the harmless error standard set out in Section 120.68(8), Florida *716 Statutes, which provides that

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

with the harmless error standard set out in Section 120.68(8), Florida *716 Statutes, which provides that

Thomas v. DEPT. OF INS. AND TREASURER

559 So. 2d 419

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 1751705

Cited 1 times | Published

reached under *422 the correct burden of proof. See § 120.68, Fla. Stat. (1985); Ferris v. Turlington, 510

Rosenfeld v. CR. JUSTICE STANDARDS & TR. COM'N

541 So. 2d 745, 1989 WL 33992

District Court of Appeal of Florida | Filed: Apr 11, 1989 | Docket: 2575068

Cited 1 times | Published

the evidence on any disputed finding of fact. § 120.68(10), Fla. Stat. (1987). See McCray v. Dep't of

Health Care & Retirement Corp. v. DHRS

516 So. 2d 292, 1987 WL 1904

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 1267236

Cited 1 times | Published

substitute its judgment for that of the agency. § 120.68(12), Fla. Stat. The issue of whether the facts

Health Care & Retirement Corp. v. DHRS

516 So. 2d 292, 1987 WL 1904

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 1267236

Cited 1 times | Published

substitute its judgment for that of the agency. § 120.68(12), Fla. Stat. The issue of whether the facts

Dept. of Health v. Tallahassee Demo., Inc.

481 So. 2d 958, 11 Fla. L. Weekly 162

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 548121

Cited 1 times | Published

inadequate remedy, we entertain review pursuant to § 120.68(1), Florida Statutes, and Fla.R.App.P. 9.100.

Chtr. Medical-Jacksonville v. Com. Psyc. Cent.

482 So. 2d 437

District Court of Appeal of Florida | Filed: Dec 30, 1985 | Docket: 1769118

Cited 1 times | Published

improperly seeks review of non-final agency action. Section 120.68(1), Florida Statutes, provides that: A preliminary

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

$5,000.00. We have jurisdiction pursuant to section 120.68, Florida Statutes (1983), and reverse. This

Carrow v. DEPT. OF PROFESSIONAL REG.

453 So. 2d 842

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651277

Cited 1 times | Published

Florida Rules of Appellate Procedure, and Section 120.68(1), Florida Statutes (1983). In his petition

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

1st DCA 1977), judicial review proceedings under § 120.68, Florida Statutes, seek crystallization of agency

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

1st DCA 1977), judicial review proceedings under § 120.68, Florida Statutes, seek crystallization of agency

Lassiter Const. v. School Bd. for Palm Beach

395 So. 2d 567, 1981 Fla. App. LEXIS 18782

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 1317437

Cited 1 times | Published

School Board for Palm Beach County, pursuant to Section 120.68(1), Florida Statutes (1977). We affirm. The

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

Act, nor seek judicial review as provided by Section 120.68, methods provided by statute for challenging

Corn v. Dept. of Legal Affairs

368 So. 2d 591

Supreme Court of Florida | Filed: Feb 22, 1979 | Docket: 1388536

Cited 1 times | Published

is it intermediate action cognizable under Section 120.68(1), Florida Statutes (Supp. 1976)." In Bert

City of Jacksonville Beach v. Public Employees Relations Commission

359 So. 2d 578, 98 L.R.R.M. (BNA) 2887

District Court of Appeal of Florida | Filed: Jun 12, 1978 | Docket: 1735800

Cited 1 times | Published

to judicial review of final agency action. Section 120.68(3) of the APA and section 447.504(5) of the

Kuster Enterprises, Inc. v. STATE DOT

347 So. 2d 1092

District Court of Appeal of Florida | Filed: Jul 15, 1977 | Docket: 2588134

Cited 1 times | Published

Kuster? We therefore remand under authority of Section 120.68(6), Florida Statutes (Supp. 1976), for a fact

Olvin Mejia Palacios v. Agency for Health Care Administration

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154544

Published

we must set the ALJ’s final order aside. See § 120.68(7)(c), (d), Fla. Stat. 5 On remand, we instruct

Carr v. Department of Health, Board of Nursing

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962127

Published

supported by competent, substantial evidence. See § 120.68(7), Fla. Stat.; see also Cabrera v. Agency for

Florida Rising, Inc. v. Florida Public Service Commission

Supreme Court of Florida | Filed: Jul 17, 2025 | Docket: 70826025

Published

by the Legislature.” Id. at 910-11; see also § 120.68(7)(e)1., Fla. Stat. (2021).

Smith v. the School Board of Hillsborough County, Florida

District Court of Appeal of Florida | Filed: May 21, 2025 | Docket: 70327629

Published

conducted with appropriate due process safeguards. See § 120.68(7)(b) (contemplating remand for further proceedings

Huy H. Tang and Dung D. Tran v. Citizens Property Insurance Corporation

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 69525640

Published

provision of the Administrative Procedure Act. See § 120.68(1)(b), Fla. Stat. (“A preliminary, procedural

Hope Hospice and Community Services, Inc. v. Agency for Health Care Administration; Vitas Healthcare Corporation of Florida, Inc.

District Court of Appeal of Florida | Filed: Mar 19, 2025 | Docket: 69755329

Published

wake of administrative proceedings pursuant to section 120.68, Florida Statutes. Id. (6)(a). Courts reviewing

Yewande Smith v. Miami-Dade County School Board

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674149

Published

Upon our review, we find no error and affirm. See § 120.68(7), Fla. Stat. (2021) (establishing the parameters

Global Hookah Distributors, Inc v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674144

Published

to the OTP tax and surcharge, must stand. See § 120.68(8), Fla. Stat. AFFIRMED. B.L. THOMAS, J

Florida Birth-Related Neurological Injury Compensation Association v. Elina Dudkina and Vadim Kushnir, on Behalf of and as Parents and Natural Guardians Of

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632237

Published

competent, substantial evidence in the record.” § 120.68(6)(a)1., (7)(b), Fla. Stat. We of course are mindful

Liang v. Department of Health

District Court of Appeal of Florida | Filed: Jan 23, 2025 | Docket: 69569110

Published

Appellant’s license. This appeal follows. Section 120.68, Florida Statutes, governs our review of final

Department of Health v. Chun

District Court of Appeal of Florida | Filed: Jan 23, 2025 | Docket: 69569111

Published

evidence, and its conclusions of law de novo. See § 120.68(7)(b), (d), Fla. Stat.; SEI Fuel Services, Inc

Bernard Cooper v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564927

Published

agency action is entitled to judicial review.” § 120.68(1)(a), Fla. Stat. (2023) (emphasis added). Under

Huy H. Tang and Dung D. Tran v. Citizens Property Insurance Corporation

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525640

Published

of certain nonfinal administrative orders. See § 120.68(1)(b), Fla. Stat. (2024) (“A preliminary, procedural

O.M. v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69511744

Published

amended 1 See Fla. R. App. P. 9.110(a)(2); § 120.68(1)(a), Fla. Stat. 2 See § 435.07(4)(c)(1)(d)

Roberto T. Cora v. Department of Business and Professional Regulation

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435417

Published

of $189.42.3 Cora filed this appeal. Section 120.68, Florida Statutes (2024), governs judicial

Arturo J. Pulles v. Michael Onorato

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435430

Published

DCA 1983) (final worker’s compensation orders); § 120.68(7)(b), Fla. Stat. (administrative decisions).

Uppal v. Department of Health

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419583

Published

Because Appellant establishes no ground under section 120.68(7), Florida Statutes, to set aside the agency

C.N.G. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419592

Published

motion for attorney’s fees. We have jurisdiction. § 120.68(1)(a)–(b), Fla. Stat. (permitting judicial review

Daphne Campbell v. Florida Commission on Ethics

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69392831

Published

467, 470–71 (Fla. 1st DCA 2018) (first citing § 120.68(7)(b), Fla. Stat.; and then citing Blackburn v

Erica McDonald, as Parent and Natural Guardian of J.M., a Minor v. Florida Birth-Related Neurological Injury Compensation Association, and Florida Health Sciences Center, Inc. D/B/A Tampa General Hospital; And University of South Florida Board of Trustees

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393186

Published

be a “party who is adversely affected by” it. § 120.68(1)(a), Fla. Stat.; see First Nat’l Bank v. Bebinger

Citizens of the State of Florida, etc. v. Andrew Giles Fay, etc.

Supreme Court of Florida | Filed: Nov 14, 2024 | Docket: 69374490

Published

Commission by the Legislature.” Id. at 911 (citing § 120.68(7)(e)1., Fla. Stat. (2021)). And when they come

BAM Trading Services, Inc., D/B/A Binance.US v. State of Florida, Office of Financial Regulation

District Court of Appeal of Florida | Filed: Oct 17, 2024 | Docket: 69273931

Published

decision would not provide an adequate remedy.” § 120.68(1)(b), Fla. Stat. (2023). Review of agency orders

Kim Braddock v. City of Port Orange Pension Fund

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218184

Published

interpretation compels a particular action” (quoting § 120.68(7)(d), Fla. Stat. (2024))). It is not enough for

Kim Braddock v. City of Port Orange Pension Fund

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218184

Published

interpretation compels a particular action” (quoting § 120.68(7)(d), Fla. Stat. (2024))). It is not enough for

Robert C. Cava, M.D., Etc. v. State of Florida, Department of Management Services, Division of State Group Insurance

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193187

Published

impaired by a material error in procedure . . . .” § 120.68(7)(c), Fla. Stat. Nor do we find, based on our

Addiel Chavez v. Department of Revenue, Child Support Program, and Mileidys Osoria Dumet

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062918

Published

So. 2d 1224, 1225 (Fla. 2d DCA 1981); see also § 120.68(10), Fla. Stat. The Father seeks judicial

Timberline Construction Group, LLC v. Department of Commerce

District Court of Appeal of Florida | Filed: Jul 24, 2024 | Docket: 68132310

Published

set aside the Department’s final orders under section 120.68(7), Florida Statutes, the final agency action

LIGHTSEY CATTLE COMPANY v. FLORIDA FISH AND WILDLIFE CONSERVATIVE COMMISSION

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68490751

Published

we possess jurisdiction over this appeal is section 120.68 of the APA, which states: “A party who is adversely

North Shore Medical Center v. Clara Navarro, as Personal Representative of the Estate of Mauricio Polifroni

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929416

Published

agency action, therefore we have jurisdiction. § 120.68, Fla. Stat. Facts

White v. Department of Revenue

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68008448

Published

been referred there for an evidentiary hearing); § 120.68(1)(a), Fla. Stat. (describing that only “[a] party

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

3d 817, 821–22 (Fla. 1st DCA 2023) (applying section 120.68(7)(c), Florida Statutes, and affirming State

Tropical Audubon Society v. Miami-Dade County, Florida

District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886310

Published

BOKOR,*JJ. PER CURIAM. Affirmed. See § 120.68(7)(b),(8), Fla. Stat. (2018) (limiting court’s

Jovens Bob Angilot v. State of Florida, Department of Revenue, Child Support Program

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867492

Published

So. 2d 1224, 1225 (Fla. 2d DCA 1981); see also § 120.68(10), Fla. Stat. The Father argues his income

GAGNON v. DEPARTMENT OF REVENUE, BETHEA, JR.

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68510410

Published

initial concession of error, and pursuant to section 120.68(7)(a), Florida Statutes (2021), the 'Final

Avis Brown v. State of Florida, Department of Management Services, Division of Retirement

District Court of Appeal of Florida | Filed: May 29, 2024 | Docket: 68792897

Published

set aside the final order, we must affirm. See § 120.68(8), Fla. Stat. (2023). The facts were undisputed

BAM Trading Services, Inc., d/b/a Binance.US v. State of Florida Office of Financial Regulation

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553052

Published

decision would not provide an adequate remedy.” § 120.68(1)(b), Fla. Stat. (2023). Review of agency orders

Public Counsel ex rel. Citizens of Florida v. Florida Public Service Commission and Pluris Wedgefield, LLC.

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68381314

Published

for review of non-final agency action under section 120.68(1)(a), Florida Statutes, but section 350.128(1)

South Marion Real Estate Holdings, LLC d/b/a Oxford Downs, and Darold R. Donnelly v. Florida Gaming Control Commission

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68003650

Published

our court an appropriate appellate forum. See § 120.68(2)(a), Fla. Stat. (2024).

Department of Health v. Rasul

District Court of Appeal of Florida | Filed: Apr 5, 2024 | Docket: 68412545

Published

I supported issuance of the order because section 120.68(1)(a), Florida Statutes, entitles “[a] party

Office of Public Counsel v. Florida Public Service Commission, Pluris Wedgefield, LLC.

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68381314

Published

for review of non-final agency action under section 120.68(1)(a), Florida Statutes, but the Administrative

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

action would not provide an adequate remedy. See § 120.68(1)(b), Fla. Stat. (“A preliminary, procedural

AGI Traffic School, Inc. v. Department of Highway Safety and Motor Vehicles

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313521

Published

have jurisdiction. Fla. R. App. P. 9.110(c); § 120.68(1)(a), Fla. Stat. (2023). Because the findings

NEKEISHA WILSON, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF SYRIAH PINKNEY, A MINOR v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION

District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 68277196

Published

ascribe to this competent, substantial evidence. See § 120.68(10), Fla. Stat.; see also Bill Salter Advert.

WELLSPRINGS RESIDENCE, LLC v. STATE OF FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Feb 16, 2024 | Docket: 68161985

Published

jurisdiction. See Fla. R. App. P. 9.030(b)(1)(C); § 120.68(1)(a), (2)(a), Fla. Stat. (2022). Because we find

Paylan, M.D. v. Department of Health

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230487

Published

on direct review in the district court under section 120.68, Florida Statutes, at the completion of the

RAMSEY ZIMMERMAN v. STATE OF FLORIDA, FLORIDA GAMING CONTROL COMMISSION

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 68155854

Published

jurisdiction. See Art. V, § 4(b)(2), Fla. Const.; § 120.68(1)(a), Fla. Stat. (2021); Fla. R. App. P. 9.030(b)(1)(C)

Cunningham v. Department of Health

District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132271

Published

proceedings consistent with this opinion. See § 120.68(7)(e)2., 4., Fla. Stat. (2023) (requiring an appellate

J. J. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Dec 27, 2023 | Docket: 68117314

Published

delegated to it. See Heburn, 772 So. 2d at 563 (citing § 120.68(7)(e)1, Fla. Stat. (1997)). Here, we cannot say

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

seeks review of the final order pursuant to section 120.68, Florida Statutes. Our review is de novo. Save

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

competent, substantial evidence in the record. § 120.68(7)(b), Fla. Stat. (2021). Second, the Commission

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CEDAR ISLAND HOMEOWNERS' ASSOCIATION OF FLAGLER COUNTY, INC. vs EDWARD J. CECE AND ANNA M. CECE

District Court of Appeal of Florida | Filed: Aug 11, 2023 | Docket: 68034348

Published

HOA sought appellate review from this Court. Section 120.68(1)(b), Florida Statutes (2022), provides:

GUARDIAN CARE SERVICES OF BREVARD, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Jul 28, 2023 | Docket: 68034385

Published

general law that effects our direct review is section 120.68, Florida Statutes, which repeatedly refers

TOWN OF MIAMI LAKES v. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, etc.

District Court of Appeal of Florida | Filed: Jul 26, 2023 | Docket: 67140863

Published

121 So. 3d 51, 54 (Fla. 3d DCA 2013); see also § 120.68(7)(d), Fla. Stat. (2019). “The record is reviewed

MILDRED V. WASKIEWICZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF M.V.K. vs DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: May 19, 2023 | Docket: 63249411

Published

Fla. Const.; Fla. R. App. P. 9.030(b)(1)(C); § 120.68(2)(a), Fla. Stat. (2021). At the heart

DR. VARINIA F. CABRERA v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417118

Published

that of the agency on an issue of discretion.” § 120.68(7), Fla. Stat. Dr. Cabrera has failed to demonstrate

YUSMARY GARCIA RIVERON v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404728

Published

722 So. 2d 965, 966 (Fla. 1st DCA 1998) (same); § 120.68(7)(a), Fla. Stat. (2022) (“The court shall remand

Kimberley McQueary v. Florida Department of Health, State of Florida Board of Nursing

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365634

Published

or a failure to follow prescribed procedure.” § 120.68(7)(c), Fla. Stat. Put more simply, the Board failed

Louis Del Favero Orchids, Inc. v. Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use, and Joseph A. Ladapo, etc.

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64972324

Published

and procedures. And as we held in MedPure, section 120.68(1)’s default licensure provision does not apply

SERGIO ALVAREZ, M.D. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF MEDICINE

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881525

Published

Immediate review of such rules is authorized by section 120.68(1)(b), Florida Statutes. Such review is limited

SERGIO ALVAREZ, M.D. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF MEDICINE

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881525

Published

Immediate review of such rules is authorized by section 120.68(1)(b), Florida Statutes. Such review is limited

CECILIA MATTINO v. CITY OF MARATHON, FLORIDA

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865315

Published

285 So. 3d 975, 979 (Fla. 3d DCA 2019) (citing § 120.68, Fla. Stat. (2018)). IV. DISCUSSION AND

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Supreme Court of Florida | Filed: Feb 24, 2022 | Docket: 63111756

Published

the effect of suspending or revoking a license.” § 120.68(3), Fla. Stat. (2020). This certified conflict

M.M. v. AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62217917

Published

evidence presented at the administrative hearing. § 120.68(7)(b), (10), Fla. Stat. (2020); Bagarotti v.

O.H. v. AGENCY FOR PERSONS WITH DISABILITIES

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574095

Published

supported by competent substantial evidence. § 120.68(7)(b), Fla Stat. (2021). This is “such relevant

JENNIFER GARCIA v. AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677204

Published

conducted pursuant to ss. 120.569 and 120.57[.]” § 120.68(7), Fla. Stat. (2019). “[H]owever, the court shall

SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. FLORIDA DEPARTMENT OF HEALTH

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627025

Published

procedures codified in section 120.68, Florida Statutes. Under section 120.68, the district courts review

CYNTHIA MONGER v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739537

Published

establish “on appeal any of the grounds, under section 120.68(7), Florida Statutes, upon which the Commission's

ALLEN LENOIR, M.D. v. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59296235

Published

period for filing such submissions). See also § 120.68(7)(b), Fla. Stat. (2021) (providing that “the

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Feb 11, 2021 | Docket: 59245136

Published

guaranteed by the Administrative Procedure Act, section 120.68(1), Florida Statutes (Supp. 1976), but to set

Showntail the Legend, LLC v. State of Florida Department of Business and Professional Regulation

District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435264

Published

matter of right in almost all circumstances. See § 120.68(3), Fla. Stat. (2019). The exception to that entitlement

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

supported by competent, substantial evidence. § 120.68(7)(a) & (10), Fla. Stat. Competent, substantial

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

action arising from a bid protest is governed by section 120.68(7), Florida Statutes (2016).” Brownsville Manor

Leonardo Lynch v. Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892180

Published

entitled to judicial review in a district court. See § 120.68(1)(a) & (2)(a), Fla. Stat.; see also Fla.

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

we dismiss the appeal for lack of standing. See § 120.68(1)(a), Fla. Stat. (2018) ("A party who is

Shemaka Hall, L.P.N. v. State of Florida, Department of Health

274 So. 3d 1241

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15855445

Published

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

Stokes v. Dep't of Revenue

275 So. 3d 713

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64719838

Published

child support obligation in accordance with section 120.68, Florida Statutes (2017). See § 409.2563(10)(a)

Stokes v. Dep't of Revenue

275 So. 3d 713

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64719837

Published

child support obligation in accordance with section 120.68, Florida Statutes (2017). See § 409.2563(10)(a)

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64713206

Published

19 So.3d 1009, 1011 (Fla. 1st DCA 2009) (citing § 120.68(7), Fla. Stat.). If challenging an existing rule

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64713205

Published

19 So.3d 1009, 1011 (Fla. 1st DCA 2009) (citing § 120.68(7), Fla. Stat.). If challenging an existing rule

Safirstein v. Dept. of Health

271 So. 3d 1178

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988965

Published

is that of “competent, substantial evidence.” § 120.68(7)(b), Fla. Stat. (2012); see also De Groot v

Joseph McClash v. Long Bar Pointe, LLLP, and Florida Department of Environmental Protection

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882792

Published

So. 3d 966, 967 (Fla. 1st DCA 2010); see also § 120.68(1)(a), Fla. Stat. DISMISSED. ROBERTS, KELSEY

A.W. v. Humana Med. Plan, Inc.

270 So. 3d 400

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713156

Published

or a failure to follow prescribed procedure." § 120.68(7)(c), Fla. Stat. (2018) ; see also Schrimsher

A.W. v. Humana Med. Plan, Inc.

270 So. 3d 400

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 64713157

Published

or a failure to follow prescribed procedure." § 120.68(7)(c), Fla. Stat. (2018) ; see also Schrimsher

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY

264 So. 3d 264

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516111

Published

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

FRS-Fast Reliable Seaway, LLC. v. Bd. of Pilot Comm'rs of Fla.

261 So. 3d 744

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 64700837

Published

purposes of final agency action review under section 120.68 of the Florida Statutes, we dismiss the petition

FRS-Fast Reliable Seaway, LLC. v. Bd. of Pilot Comm'rs of Fla.

261 So. 3d 744

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 64700836

Published

purposes of final agency action review under section 120.68 of the Florida Statutes, we dismiss the petition

Frs-Fast Reliable Seaway v. Board of Pilot Commissioners

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 8454712

Published

purposes of final agency action review under section 120.68 of the Florida Statutes, we dismiss the petition

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

that of the agency on an issue of discretion.” § 120.68(7)(e), Fla. Stat. The legislature has enacted

Wilson v. Dep't of Children & Families

259 So. 3d 987

District Court of Appeal of Florida | Filed: Nov 30, 2018 | Docket: 64699488

Published

Wilson was residing in Palm Coast, Florida. Section 120.68(7)(c), Florida Statutes (2017), provides, in

Valls v. Dept. of Health

255 So. 3d 515

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015402

Published

appellate court. § 120.60(6)(c), Fla. Stat. (2018); § 120.68(1)-(2), Fla. Stat. (2018); Fla. R. App. P. 9.100(c)(3)

CITY OF WEST PALM BEACH v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

253 So. 3d 623

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619149

Published

Analysis Section 120.68(7), Florida Statutes (2018), sets forth the

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299

Published

proceedings, triggering judicial review under section 120.68(1). See Sowell v. State, 136 So. 3d 1285, 1288

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299

Published

proceedings, triggering judicial review under section 120.68(1). See Sowell v. State, 136 So. 3d 1285, 1288

Choice Plus, LLC v. Department of Financial Services, etc.

244 So. 3d 343

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365062

Published

So. 3d 815, 817 (Fla. 1st DCA 2015); see also § 120.68(7), Fla. Stat. (2013) (providing that a court

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc.

243 So. 3d 985

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354241

Published

agency action, and any appeal is governed by section 120.68, as provided in section 766.212(1), Florida

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

This review follows. ANALYSIS Section 120.68(1)(a), Florida Statutes (2009), authorizes

Rollas v. Dept. of Business & Professional Reg.

243 So. 3d 474

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300767

Published

findings of fact for competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2016); see also McCloskey

K.M. v. Dept. of Health

237 So. 3d 1084

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 6248134

Published

18 So. 3d 1079, 1082 (Fla. 2d DCA 2009) (citing § 120.68(7)(b), Fla. Stat. (2004)). “If an administrative

Hernandez v. Dept. of Revenue

230 So. 3d 514

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167430

Published

Affirmed. 4 1 . Section 120.68 (10), Florida Statutes (2016), provides as

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

protest is governed by section 120.68(7), Florida Statutes (2016). Section 120.68(7) gives the Court statutory

Pinnacle Housing Group, LLC v. Florida Housing Finance Corp.

239 So. 3d 722

District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135794

Published

of the temporary order of suspension under section 120.68(1)(b), Florida Statutes, which provides that

Davis v. Department of Revenue Ex Rel. Bartell

221 So. 3d 790, 2017 Fla. App. LEXIS 10108, 2017 WL 2988892

District Court of Appeal of Florida | Filed: Jul 14, 2017 | Docket: 6119784

Published

Enforcement Program. We have jurisdiction. See § 120.68, Fla. Stat. (2016); Fla. R. App. P. 9.030(b)(1)(C)

Florida Pulp & Paper Ass'n Environmental Affairs, Inc. v. Department of Environmental Protection

223 So. 3d 417, 2017 WL 2945601, 2017 Fla. App. LEXIS 9889

District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6087795

Published

Ethics, 969 So.2d 553, 556 (Fla. 1st DCA 2007); § 120.68(7)(d), Fla. Stat. A petition challenging

West Flagler Associates, Ltd. v. State, Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

220 So. 3d 1239, 2017 WL 2348562, 2017 Fla. App. LEXIS 7811

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067549

Published

judicial review of final agency action. Under section 120.68(7)(c), Florida Statutes, (2016), the appellate

Amador v. the School Board of Monroe County, Florida

225 So. 3d 853, 2017 WL 2264605, 2017 Fla. App. LEXIS 7516

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065466

Published

review the Board’s final order pursuant to section 120.68, Florida Statutes (2014). The Board may not

DANIEL R. FERNANDEZ AND Dax J. Lonetto, Sr., PLLC v. Florida Justice Association

223 So. 3d 1055, 2017 WL 1325869, 2017 Fla. App. LEXIS 4952

District Court of Appeal of Florida | Filed: Apr 11, 2017 | Docket: 4670976

Published

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

Marion County v. Department of Juvenile Justice

215 So. 3d 621

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668584

Published

Review in this Court was premised upon section 120.68(7), Florida Statutes, which provides that agency

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

the FPL transmission interconnection costs. Section 120.68(l)(a), Florida Statutes, provides: “A party

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

interpretation compels a particular action ....” § 120.68(7)(d), Fla. Stat. (2016). Moreover, the standing

Madison Highlands v. Florida Housing

220 So. 3d 467

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613137

Published

interpretation compels a particular action . . . .” § 120.68(7)(d), Fla. Stat. (2016). Moreover, the standing

Agency for Health Care Administration v. South Broward Hospital District

206 So. 3d 826, 2016 Fla. App. LEXIS 18501

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 63631165

Published

seeking review of a non-final agency action under section 120.68(1) ‘is analogous to, and no broader than the

Stasinos v. State, Department of Business & Professional Regulation

209 So. 3d 18, 2016 Fla. App. LEXIS 15177

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60259170

Published

Administrative Appeal of this order. Standard of Review Section 120.68, Florida Statutes, governs appellate review

The School Board of Hillsborough County, FL v. Tenney

210 So. 3d 130, 2016 Fla. App. LEXIS 13935

District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4422971

Published

certiorari with the circuit court pursuant to section 120.68(1), Florida Statutes (2013), and the Teacher

Flagship Manor LLC v. Florida Housing Finance Corporation

199 So. 3d 1090, 2016 Fla. App. LEXIS 13348, 2016 WL 4607798

District Court of Appeal of Florida | Filed: Sep 6, 2016 | Docket: 4419310

Published

in accordance with the standards outlined in section 120.68, Florida Statutes. The material facts are

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

review of non-final agency action pursuant to section 120.68(1), Florida Statutes (2014), agreed with AHCA

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

. We have jurisdiction. See § 120.68(1), Fla. Stat. (2015); Fla, R. App. P. 9.030(b)(1)(C)

David Rivera v. Florida Commission on Ethics

195 So. 3d 1177, 2016 Fla. App. LEXIS 10371, 2016 WL 3606474

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108183

Published

review to which the party is entitled under section 120.68.” Id. at 157 (emphasis added). However

Randall B. Johnson v. Department of Corrections

191 So. 3d 965, 2016 Fla. App. LEXIS 7215, 2016 WL 2755849

District Court of Appeal of Florida | Filed: May 12, 2016 | Docket: 3063394

Published

administrative final orders are set out in section 120.68, Florida Statutes. 3 Weare required

American Heritage Window Fashions, LLC v. Department of Revenue

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063090

Published

interpretation compels a particular result, see § 120.68(7)(d), we consider de novo the issue of whether

Miami-Dade County v. Florida Power & Light Co.

208 So. 3d 111, 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055572

Published

statutory interpretation. Florida Statute, section 120.68(7)(d) states that “[t]he court shall remand

Gabrielle Goodwin v. Florida Department of Children etc.

194 So. 3d 1042, 2016 WL 1295045, 2016 Fla. App. LEXIS 5171

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050457

Published

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

Florida Department of Revenue v. John Garrison Seeley and Sarah Ann Gilbride

213 So. 3d 974

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046124

Published

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

State, Department of Highway Safety & Motor Vehicles v. Peacock

185 So. 3d 632, 2016 WL 455625

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033937

Published

the stay, the trial court relied in part on section 120.68(3), Florida Statutes (2015), which provides:

Lutheran Services Florida, Inc. v. Department of Children & Families

199 So. 3d 286, 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 60256572

Published

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

Rivera v. University of South Florida St. Petersburg

176 So. 3d 363, 2015 Fla. App. LEXIS 14456, 2015 WL 5714642

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863174

Published

such, the appellate procedures described in section 120.68 of the APA do not apply. Instead, USF’s determination

Capital City Bank v. Department of Environmental Protection

176 So. 3d 361, 2015 Fla. App. LEXIS 14464, 2015 WL 5714613

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60250921

Published

supported by competent, substantial evidence. See § 120.68(7)(b), Fla. Stat. (2014); Peace River/Manasota

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

resulting final administrative order is governed by section 120.68, Florida Statutes (2014). We find that the

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

resulting final administrative order is governed by section 120.68, Florida Statutes (2014). We find that the

Victor O. Muratti-Stuart v. Department of Business And Professional Regulation, Construction Industry Licensing Board

174 So. 3d 538, 2015 Fla. App. LEXIS 12770, 40 Fla. L. Weekly Fed. D 1981

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687689

Published

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

McCloskey v. Department of Financial Services

172 So. 3d 973, 2015 Fla. App. LEXIS 12559, 2015 WL 4950094

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 60250181

Published

substantial justification.10 Accordingly, pursuant to section 120.68(6)(a) Florida Statutes (2014), we reverse the

Beach Community Bank v. Reemployment Assistance Appeals Commission

164 So. 3d 798

District Court of Appeal of Florida | Filed: Jun 1, 2015 | Docket: 2661167

Published

assistance, is governed by section 120.68, Florida Statutes. Under section 120.68(8), this court is required

Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Association

160 So. 3d 559, 2015 WL 1546085

District Court of Appeal of Florida | Filed: Apr 7, 2015 | Docket: 2647626

Published

seeking review of non-final agency action under section 120.68(1), Florida Statutes,” ante p. 561 — the rule

S.C. v. Agency for Persons With Disabilities

159 So. 3d 1033, 2015 Fla. App. LEXIS 4673, 2015 WL 1449731

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646054

Published

v. Jacobs, 810 So.2d 906, 908 (Fla.2002); § 120.68(7)(d), Fla. Stat. (2013). Additionally, a state

Smith v. Florida Department of Business & Professional Regulation

159 So. 3d 1017, 2015 Fla. App. LEXIS 4252, 2015 WL 1334082

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60246400

Published

throughout the state of Florida. Pursuant to section 120.68(3), Florida Statutes, “[t]he filing of the

Monteagudo v. Reemployment Assistance Appeals Commission

159 So. 3d 386, 2015 Fla. App. LEXIS 3853

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642415

Published

based upon an acceptable view of the evidence.”); § 120.68(7)(b), Fla. Stat. (2014). Affirmed.

Dr. Tejada-Guibert v. Fl Int. University Board of Trustees

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633395

Published

“final agency action” within the meaning of section 120.68, Florida Statutes (2014), and rule 9.030(b)(1)C)

Tejada-Guibert v. Florida International University Board of Trustees

159 So. 3d 200, 2015 Fla. App. LEXIS 1797, 2015 WL 557206

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 60246518

Published

“final agency action” within the meaning of section 120.68, Florida Statutes (2014), and rule 9.030(b)(l)C)

McAlpin v. Criminal Justice Standards & Training Commission

155 So. 3d 416, 2014 Fla. App. LEXIS 20982, 2014 WL 7404018

District Court of Appeal of Florida | Filed: Dec 31, 2014 | Docket: 60245645

Published

correct interpretation compels a particular action.” § 120.68(7)(d), Fla. Stat. (2014). The appellate court

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

review are governed by section 120.68, Florida Statutes. Pursuant to section 120.68(8), final agency action

Nora Bloxom Williams v. City of Jacksonville

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 734893

Published

appellant has failed to establish any ground under section 120.68(7), Florida Statutes upon which this court

Nora Bloxom-Williams v. Florida Public Employees Council 79

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 736126

Published

appellant has failed to establish any ground under section 120.68(7), Florida Statutes, upon which this court

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

1082 (Fla. 2d DCA 2009); see also § 120.68(7)(b), Fla. Stat. (2013); Agency for Persons

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

appellant has failed to establish any ground under section 120.68(7), Florida Statutes, upon which this court

Williams v. City of Jacksonville

141 So. 3d 262, 2014 WL 3293677, 2014 Fla. App. LEXIS 10537

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 60241837

Published

appellant has failed to establish any ground under section 120.68(7), Florida Statutes upon which this court

Delong v. Florida Fish & Wildlife Conservation Commission

145 So. 3d 123, 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60242620

Published

subject to de novo review by an appellate court, see § 120.68(7)(d), Fla. Stat. (2012); Brown v. State Comm'n

Delong v. Florida Fish & Wildlife Conservation Commission

145 So. 3d 123, 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60242620

Published

subject to de novo review by an appellate court, see § 120.68(7)(d), Fla. Stat. (2012); Brown v. State Comm'n

Diaz & Russell Corp. v. Department of Business & Professional Regulation

140 So. 3d 662, 2014 WL 2199757, 2014 Fla. App. LEXIS 8113

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241569

Published

based on an erroneous interpretation of a statute. § 120.68(7)(d), Fla. Stat. (2013). Our review of that interpretation

Diaz & Russell Corp. v. Department of Business & Professional Regulation

140 So. 3d 662, 2014 WL 2199757, 2014 Fla. App. LEXIS 8113

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241569

Published

based on an erroneous interpretation of a statute. § 120.68(7)(d), Fla. Stat. (2013). Our review of that interpretation

Putnam County Environmental Council v. St. Johns River Water Mangement District

136 So. 3d 766, 2014 WL 1665835, 2014 Fla. App. LEXIS 6138

District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60240083

Published

or a failure to follow prescribed procedure.” § 120.68(7)(c), Fla. Stat. This acts as a harmless error

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

VAN NORTWICK. Pursuant to section 120.68, Florida Statutes (2013), Dr. Raymond Failer, D.O., petitions

St. Peter's Academy v. Department of Children & Families

139 So. 3d 912, 2014 WL 1464791, 2014 Fla. App. LEXIS 5566

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60241234

Published

2d 531, 533 (Fla. 1st DCA 2001) (referencing section 120.68(3), Florida Statutes (2000)). In this case

Alachua County School Board v. OFFICE OF the STATE, Chief Financial Officer for the Department of Financial Services, Division of Worker's Compensation

138 So. 3d 480, 2014 WL 1257131, 2014 Fla. App. LEXIS 4495

District Court of Appeal of Florida | Filed: Mar 27, 2014 | Docket: 60240672

Published

School Board’s right to appeal to this court per § 120.68, which it did in a timely fashion. II. A. We affirm

Christian v. Department of Health, Board of Chiropractic Medicine

161 So. 3d 416, 2014 WL 941904, 2014 Fla. App. LEXIS 3491

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60247134

Published

statute or rule, taken as a whole”). Furthermore, section 120.68(7)(d), Florida Statutes (2005), states that

Dowden v. Reemployment Assistance Appeals Commission

132 So. 3d 1198, 2014 WL 562934, 2014 Fla. App. LEXIS 2032

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60238339

Published

light of the undisputed facts of the case. See § 120.68(7)(d), Fla. Stat. (2012); Krulla v. Barnett Bank

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

Bd. of Med., 881 So.2d 682 (Fla. 5th DCA 2004); § 120.68(7), Fla. Stat. (2012). The Board of Medicine’s

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

Bd. of Med., 881 So.2d 682 (Fla. 5th DCA 2004); § 120.68(7), Fla. Stat. (2012). The Board of Medicine’s

Hurst v. Reemployment Assistance Appeals Commission

128 So. 3d 945, 2013 WL 6821738, 2013 Fla. App. LEXIS 20373, 39 Fla. L. Weekly Fed. D 40

District Court of Appeal of Florida | Filed: Dec 26, 2013 | Docket: 60237236

Published

non-final administrative order pursuant to Section 120.68(1), Florida Statutes (2013), but because petitioner

Nehrich v. Reemployment Assistance Appeals Commission

127 So. 3d 761, 2013 WL 6183144, 2013 Fla. App. LEXIS 18797

District Court of Appeal of Florida | Filed: Nov 26, 2013 | Docket: 60236850

Published

referee’s determination, and consistent with section 120.68(7)(c), Florida Statutes (2013), remand this

Florida State Fire Service Ass'n, IAFF, Local S-20 v. State

128 So. 3d 160, 2013 WL 5988613, 2013 Fla. App. LEXIS 17970

District Court of Appeal of Florida | Filed: Nov 12, 2013 | Docket: 60236999

Published

Health, 890 So.2d 1165, 1166 (Fla. 1st DCA 2004); § 120.68(7)(d) Fla. Stat. (2010). The right to collective

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

discretion.” Banks, 53 So.3d at 1153 (citing section 120.68(7), Florida Statutes (2010)). Consequently

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

discretion.” Banks, 53 So.3d at 1153 (citing section 120.68(7), Florida Statutes (2010)). Consequently

Carter v. Florida Department of Financial Services

117 So. 3d 476, 2013 WL 3770843, 2013 Fla. App. LEXIS 11466

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60232686

Published

aside such action is established by the Appellant. § 120.68(8), Fla. Stat. Because a hearing took place in

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

procedural due process prior to the revocation. Section 120.68(8), Florida Statutes, requires affirmance of

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

interpretation compels a particular aetion[.]” § 120.68(7), Fla. Stat. (2011); see Gross v. Dep’t of Health

Cocores v. State Department of Health

111 So. 3d 971, 2013 WL 1809737, 2013 Fla. App. LEXIS 6820

District Court of Appeal of Florida | Filed: Apr 30, 2013 | Docket: 60230936

Published

the health, safety, or welfare of the state.” § 120.68, Fla. Stat. (2012). Thus, the Department argues

Caldwell v. Florida Department of Elder Affairs

121 So. 3d 1062, 35 I.E.R. Cas. (BNA) 984, 2013 WL 1715441, 2013 Fla. App. LEXIS 6490

District Court of Appeal of Florida | Filed: Apr 22, 2013 | Docket: 60234304

Published

final order is subject to judicial review under section 120.68, Florida Statutes, as provided in section 112

School Board of Hillsborough County v. Tampa School Development Corp.

113 So. 3d 919, 2013 WL 275585, 2013 Fla. App. LEXIS 1079

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231645

Published

express guides for charter schools.” Id. at 5. Section 120.68(10), Florida Statutes (2012), provides: If

Ivey v. Florida Department of Transportation

103 So. 3d 1059, 2013 Fla. App. LEXIS 340, 2013 WL 149752

District Court of Appeal of Florida | Filed: Jan 10, 2013 | Docket: 60226875

Published

agency action subject to appellate review under section 120.68, Florida Statutes. However, because the order

Finno v. Department of Business & Professional Regulation

100 So. 3d 1293, 2012 Fla. App. LEXIS 20554, 2012 WL 5974103

District Court of Appeal of Florida | Filed: Nov 30, 2012 | Docket: 60225634

Published

consideration of an appropriate penalty pursuant to section 120.68(7)(e)4, Florida Statutes. REVERSED and REMANDED

Nath v. State Department of Health

100 So. 3d 1273, 2012 Fla. App. LEXIS 20237, 2012 WL 5897613

District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60225621

Published

DCA 1996). DAVIS and CLARK, JJ., concur. . See § 120.68(1), Fla. Stat. (2012); Fla. R. App. P. 9.100.

Wojnowski v. State, Office of Financial Regulation

98 So. 3d 189, 2012 WL 4009546, 2012 Fla. App. LEXIS 15370

District Court of Appeal of Florida | Filed: Sep 13, 2012 | Docket: 60312201

Published

review agency conclusions of law de novo. See § 120.68(7), Fla. Stat. (2012); Moreland v. Agency for

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

Professional Engineers (Board) filed a petition under section 120.68(1), Florida Statutes, seeking review of a non-final

Bauler v. Department of Revenue, Child Support Enforcement

96 So. 3d 1099, 2012 WL 3826632, 2012 Fla. App. LEXIS 14854

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311430

Published

Department for further administrative proceedings. See § 120.68(7)(e)4., Fla. Stat. (2011) (requiring this court

Delvi, Inc. v. Florida Unemployment Appeals Commission

83 So. 3d 976, 2012 WL 932876, 2012 Fla. App. LEXIS 4353

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2414699

Published

receiving unemployment benefits from his employer. See § 120.68(7)(b), Fla. Stat. (2010); Aiello v. R.C. Props

Florida Health Sciences Center, Inc. v. State, Department of Health

77 So. 3d 251, 2012 Fla. App. LEXIS 373, 2012 WL 130579

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60304695

Published

request that the matter be reviewed pursuant to section 120.68(1), Florida Statutes. See Norman v. Ambler

Florida Health Sciences Center, Inc. v. State, Department of Health

77 So. 3d 250, 2012 Fla. App. LEXIS 370, 2012 WL 130575

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60304694

Published

request that the matter be reviewed pursuant to section 120.68(1), Florida Statutes. See Norman v. Ambler

Rosaida Health Care, Inc. v. Florida Unemployment Appeals Commission

76 So. 3d 1039, 2011 Fla. App. LEXIS 19924, 2011 WL 6183510

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60304147

Published

been impaired by a material error in procedure.” § 120.68(7)(c), Fla. Stat. (2009). We express no opinion

Elmwood Terrace Limited Partnership v. Florida Housing Finance Corporation

73 So. 3d 362, 2011 Fla. App. LEXIS 17534, 2011 WL 5301600

District Court of Appeal of Florida | Filed: Nov 7, 2011 | Docket: 423040

Published

appeal. See Fla. Admin. Code. r. 67-48.0072 (2009); § 120.68(1), Fla. Stat. (2009); see also § 120.52(16),

W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

75 So. 3d 328, 2011 Fla. App. LEXIS 16838, 2011 WL 5041903

District Court of Appeal of Florida | Filed: Oct 25, 2011 | Docket: 2360588

Published

application of section 394.463(2) to those facts. See § 120.68(7)(d) & (7)(e)4., Fla. Stat. The final order is

Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Center of St. Augustine

66 So. 3d 952, 2011 WL 1449514

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 2364646

Published

retained the right to judicial review pursuant to section 120.68, Florida Statutes (2009). Pursuant to that

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

was appealable to this court as provided by section 120.68, Florida Statutes. The scope of the Administration

Hasselback v. Florida Department of Environmental Protection

54 So. 3d 637, 2011 Fla. App. LEXIS 2522, 2011 WL 680355

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 60298363

Published

proceedings consistent with this opinion. See § 120.68(7)(b), Fla. Stat. (2010) (providing that a reviewing

Sheriff of Pasco County v. Florida State Lodge

53 So. 3d 1073, 2010 Fla. App. LEXIS 19001, 2010 WL 5074964

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 2408805

Published

interpretation of section 447.203(10) is not erroneous. See § 120.68(7)(d), Fla. Stat. (2009) (appellate court shall

Sheriff of Pasco County v. Florida State Lodge

53 So. 3d 1073, 2010 Fla. App. LEXIS 19001, 2010 WL 5074964

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 2408805

Published

interpretation of section 447.203(10) is not erroneous. See § 120.68(7)(d), Fla. Stat. (2009) (appellate court shall

Katherine's Bay, LLC v. Fagan

52 So. 3d 19, 2010 Fla. App. LEXIS 19009, 2010 WL 5072509

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297811

Published

this Court’s standard of review is governed by section 120.68(7), Florida Statutes (2010). That section provides

Payne v. City of Miami

53 So. 3d 258, 2010 Fla. App. LEXIS 18682, 2010 WL 4962873

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60298072

Published

reweighs the evidence in direct contravention of section 120.68(7)(b) of the Florida Statutes which, as pertinent

AmeriLoss Public Adjusting Corp. v. Lightbourn

46 So. 3d 107, 2010 Fla. App. LEXIS 15012, 2010 WL 3893912

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2399308

Published

entitled to seek review of this Order pursuant to section 120.68, Florida Statutes, and Rule 9.110, Florida

Martin County Conservation Alliance v. Martin County

134 So. 3d 966, 2010 WL 2472197, 2010 Fla. App. LEXIS 8939

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 60239362

Published

order, so as to give them standing to appeal. See § 120.68, Fla. Stat. (2009); Fla. Chapter of the Sierra

Miami-Dade County v. Transport Worker's Union, Local 291

22 So. 3d 785, 2009 Fla. App. LEXIS 17261, 2009 WL 3838599

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 84395

Published

immediate resolution of the impasse is not critical. § 120.68(7)(b), Fla. Stat. (2009); Cagle v. St. John's

Jackson v. Department of Environmental Protection

22 So. 3d 743, 2009 Fla. App. LEXIS 17262, 2009 WL 3817910

District Court of Appeal of Florida | Filed: Nov 17, 2009 | Docket: 2554734

Published

Environmental Protection (Department) pursuant to section 120.68, Florida Statutes (2008). A reviewing court

Hialeah Housing Authority v. Florida Unemployment Appeals Commission

16 So. 3d 216, 2009 Fla. App. LEXIS 11240, 2009 WL 2448155

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1641086

Published

Comm'n, 914 So.2d 1033 (Fla. 1st DCA 2005)). Section 120.68, Florida Statutes (2008), addressing judicial

Aleong v. DEPT. OF BUSS. AND PROF. REG.

16 So. 3d 190

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1641342

Published

jurisdiction. Fla. R.App. P. 9.030(b)(1)(C)(2008); § 120.68, Fla. Stat. (2003). On November 1, 2005, Appellee

Emery v. FLORIDA ELECTIONS COM'N

994 So. 2d 411, 2008 Fla. App. LEXIS 16330, 2008 WL 4643170

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1281749

Published

SHEPHERD, and SUAREZ, JJ. PER CURIAM. Affirmed. § 120.68, Fla. Stat. (2007); Cagle v. St. Johns County

Heshmati v. Department of Health

983 So. 2d 632, 2008 Fla. App. LEXIS 6689, 2008 WL 1986267

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1756361

Published

acted upon when such a suspension is in place. Section 120.68(7)(c), Florida Statutes (2004) provides: (7)

STATE DEPT. OF CORRECTIONS v. Smith

980 So. 2d 606, 2008 Fla. App. LEXIS 6954, 2008 WL 1930165

District Court of Appeal of Florida | Filed: May 5, 2008 | Docket: 1417552

Published

to review nonfinal agency action pursuant to section 120.68(1), Florida Statutes. Petitioner terminated

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

66 S.Ct. 809, 90 L.Ed. 1016 (1946); see also § 120.68(10), Fla. Stat. (1981). Nevertheless, parties

Brooke v. UNIVERSITY OF CENTRAL FLORIDA

971 So. 2d 990, 2008 Fla. App. LEXIS 58, 2008 WL 45520

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1295338

Published

evidence for resolving disputed issues of fact. See § 120.68(10), Fla. Stat. (2005). Rather, we may set aside

St. Johns County School Dist. v. O'Brien

973 So. 2d 535, 2007 Fla. App. LEXIS 20540, 2007 WL 4545876

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1687982

Published

the record supports the agency's decision. See § 120.68(10), Fla. Stat. (2005). *542 Mr. O'Brien presented

Dennard v. Charter Realty Group

964 So. 2d 820, 2007 Fla. App. LEXIS 14570, 2007 WL 2710766

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 64852443

Published

PER CURIAM. Affirmed. § 120.68(7)(b), Fla. Stat. (2005); Ferguson v. Miami-Dade County, 890 So.2d 450

Sunshine Towing, Inc. v. State, Department of Transportation

962 So. 2d 984, 2007 Fla. App. LEXIS 11789, 2007 WL 2188564

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851826

Published

PER CURIAM. Affirmed. See § 120.68(7)(b), (10), Fla. Stat. (2006); Dep’t of Transp. v. Groves-Watkins

Verizon Business v. Dept. of Corrections

960 So. 2d 916, 2007 WL 2174988

District Court of Appeal of Florida | Filed: Jul 31, 2007 | Docket: 1726137

Published

decision would not provide an adequate remedy. See § 120.68(1), Fla. Stat. (2007). Boyd does recognize that

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

impossible for Dr. Rupp to obtain a fair hearing. See § 120.68(7)(c), Fla. Stat. (reversal of agency decision

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

“adversely affected by final agency action.” See § 120.68(1), Fla. Stat.; O’Connell v. Fla. Dep’t of Cmty

Kennedy ex rel. Kennedy v. Agency for Health Care Administration Area: 23 Pinellas

954 So. 2d 710, 2007 Fla. App. LEXIS 6085, 2007 WL 1173780

District Court of Appeal of Florida | Filed: Apr 23, 2007 | Docket: 64850303

Published

supported by competent, substantial evidence. § 120.68(10), Fla. Stat. (2005). This court cannot substitute

Department of Children & Families v. Molina

951 So. 2d 1011, 2007 Fla. App. LEXIS 4157, 2007 WL 837223

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 64849759

Published

Prof'l Reg., 410 So.2d 935 (Fla. 3d DCA 1982); § 120.68(10), Fla. Stat. (2006). “When an agency terminates

Indian Trail Improvement District v. Department of Community Affairs

946 So. 2d 640, 2007 Fla. App. LEXIS 675, 32 Fla. L. Weekly Fed. D 271

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 64848588

Published

be “adversely affected by final agency action.” § 120.68(1), Fla. Stat. (2006). As one who was providing

State, Department of Financial Services v. Mistretta

946 So. 2d 79, 2006 Fla. App. LEXIS 21541, 2006 WL 3780412

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 64848513

Published

review a non-final administrative order un*80der section 120.68(1), Florida Statutes, and Florida Rule of Appellate

Lenard v. A.L.P.H.A. "A Beginning" Inc.

945 So. 2d 618, 2006 Fla. App. LEXIS 21451

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 64848439

Published

correctly applied the applicable statutory criteria. § 120.68(7), (8), Fla. Stat. (2005); City of Lake Wales

Oakcrest Early Education Center v. Dcf

936 So. 2d 1174, 2006 WL 2447446

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 1651128

Published

under the Administrative Procedure Act"). See also § 120.68(1), Fla. Stat. (2005) ("A party who is adversely

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

if necessary, ensuing judicial review under section 120.68] can afford the relief a litigant seeks.” Fla

Fanizza v. State, Commission on Ethics

927 So. 2d 23, 2006 Fla. App. LEXIS 4046, 2006 WL 708211

District Court of Appeal of Florida | Filed: Mar 22, 2006 | Docket: 64844188

Published

“has erroneously interpreted a provision of law.” § 120.68(7)(d), Fla. Stat. (2002). We agree with appellant

Shin v. Florida Elections Commission

924 So. 2d 72, 2006 Fla. App. LEXIS 2235, 2006 WL 399259

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64843106

Published

order by this court is brought pursuant to section 120.68, and the standard of review is whether the

Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc.

408 F. Supp. 2d 1231, 2006 U.S. Dist. LEXIS 835, 2006 WL 40897

District Court, M.D. Florida | Filed: Jan 5, 2006 | Docket: 2432999

Published

correctness of the ALJ's decision. See Fla. Stat. § 120.68. Presumably, it concluded the reviewing court

Ford v. AGENCY, PERSONS WITH DISABILITIES

932 So. 2d 294, 2005 WL 3180041

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1285422

Published

intermediate administrative orders is limited. Section 120.68(1), Florida Statutes (2004), provides: [a]

Harris v. Florida Parole Commission

917 So. 2d 217, 2005 Fla. App. LEXIS 17934, 2005 WL 3042673

District Court of Appeal of Florida | Filed: Nov 15, 2005 | Docket: 64841560

Published

120 or from obtaining judicial review under section 120.68, Florida Statutes. Therefore, this court’s

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

order subject to judicial review pursuant to section 120.68. § 57.105(5), Fla. Stat. (2008). Accordingly

Bethencourt-Miranda v. STATE, DOH

910 So. 2d 927, 2005 WL 2240682

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 2580931

Published

We have *928 jurisdiction in accordance with section 120.68(1), Florida Statutes. According to the emergency

Agency For Persons With Disabilities v. J.M.

924 So. 2d 1, 2005 Fla. App. LEXIS 14847, 2005 WL 2219451

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 64843095

Published

of Appeal in which J.M. resided pursuant to Section 120.68(2)(a), Florida Statutes (2004). An appeal was

Ames v. District Board of Trustees

908 So. 2d 1142, 2005 Fla. App. LEXIS 12500, 2005 WL 1902586

District Court of Appeal of Florida | Filed: Aug 11, 2005 | Docket: 64840031

Published

or a failure to follow prescribed procedure.” § 120.68(7)(e), Fla. Stat. (2002). This provision has been

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

Thus, Shimkus was not the prevailing party. Section 120.68(1), Florida Statutes (2004), provides: A party

Hialeah Racing Ass'n v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

907 So. 2d 1235, 2005 Fla. App. LEXIS 10788, 2005 WL 1631116

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 64839746

Published

supported by competent, substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); Pou v. Dept. of Ins

Toppino's, Inc. v. Department of Community Affairs

905 So. 2d 987, 2005 Fla. App. LEXIS 10042, 2005 WL 1523424

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 64839464

Published

are supported by competent substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); Siegel v. Career Servs

Epstein v. School Board of Miami-Dade County

900 So. 2d 770, 2005 Fla. App. LEXIS 6490, 2005 WL 1027143

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64837949

Published

PER CURIAM. Affirmed. § 120.68(7)(b), Fla. Stat. (2003)(“[T]he [reviewing] court shall not substitute

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

Procedure Act. See Art. V, § 4(b)(2), Fla. Const.; § 120.68(1), Fla. Stat. (2004). We dismiss the petition

Bejarano v. State, Department of Education, Division of Vocational Rehabilitation

901 So. 2d 891, 2005 Fla. App. LEXIS 4663, 2005 WL 767052

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 64838087

Published

all further proceedings which are necessary. See § 120.68(10), Fla. Stat. (2003); Quevedo v. S. Fla. Water

Kohn v. Florida Department of Children & Families

895 So. 2d 1281, 2005 Fla. App. LEXIS 3555, 2005 WL 602895

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 64836597

Published

we affirm the adminis*1282trative order. See § 120.68, Fla. Stat. (2004). Affirmed.

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

guaranteed by the Administrative Procedure Act, section 120.68(1), Florida Statutes (Supp. 1976), but to set

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

guaranteed by the Administrative Procedure Act, section 120.68(1), Florida Statutes (Supp. 1976), but to set

Smith v. Unemployment Appeals Commission

891 So. 2d 650, 2005 Fla. App. LEXIS 865, 2005 WL 229870

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64835498

Published

evidence in the record to support its action. § 120.68(7)(b), Fla. Stat. (2003); Doyle v. Fla. Unemployment

Barr v. Department of Health, Board of Dentistry

890 So. 2d 1239, 2005 Fla. App. LEXIS 214, 2005 WL 94535

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64835403

Published

*1240final order under a similar provision in section 120.68(7)(c)). DAVIS, VAN NORTWICK and HAWKES, JJ

Watkins v. Greater Bethel Ame Church

892 So. 2d 1132, 2004 Fla. App. LEXIS 20392, 2004 WL 3048678

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835825

Published

PER CURIAM. Affirmed. § 120.68, Florida Statutes (2001).

Ferguson v. Miami-Dade County

890 So. 2d 450, 2004 Fla. App. LEXIS 20038, 2004 WL 3000968

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835290

Published

at the hearing which supports the findings. See § 120.68, Fla. Stat. (2004); Gonzalez v. Master Flowers

Sheils v. FLORIDA ENGINEERS MGMT. CORP.

886 So. 2d 426, 2004 WL 2600142

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1380084

Published

misconduct in the inspection report/letter. Under section 120.68(7)(b), Florida Statutes (2003), this court

Rosier v. Unemployment Appeals Commission

873 So. 2d 614, 2004 Fla. App. LEXIS 7556, 2004 WL 1175566

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 64830723

Published

competent, substantial evidence in the record.” § 120.68(7)(b), (10), Fla. Stat. (2002); see also Kelle

State, Office of Insurance Regulation v. AIU Insurance Co.

870 So. 2d 963, 2004 Fla. App. LEXIS 5827, 2004 WL 893924

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 64829923

Published

to review nonfinal agency action pursuant to section 120.68(1), Florida Statutes (2003), is dismissed for

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

where there are aggravating circumstances. Section 120.68, Florida Statutes, states that an agency abuses

Florida Department of Agriculture & Consumer Services v. Haire

865 So. 2d 610, 2004 Fla. App. LEXIS 427, 2004 WL 89611

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64828047

Published

insufficient record to support their challenges. Section 120.68(4) provides that judicial review of any agency

Florida Department of Environmental Protection v. Holmes Dirt Service, Inc.

864 So. 2d 507, 2004 Fla. App. LEXIS 59, 2004 WL 34513

District Court of Appeal of Florida | Filed: Jan 8, 2004 | Docket: 64827644

Published

affirm the ALJ’s decision to mitigate damages. See § 120.68(10), Fla. Stat. (2002). AFFIRMED. BOOTH and LEWIS

Harrell v. School Board of Miami-Dade County

866 So. 2d 704, 2003 Fla. App. LEXIS 17616, 2003 WL 22715790

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64828348

Published

accepted those findings as the facts in this case. § 120:68(7)(b), Fla. Stat. (2002). Moreover, those facts

Slusher v. Martin County

859 So. 2d 545, 2003 Fla. App. LEXIS 17629, 2003 WL 22717601

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64826480

Published

because the District misinterpreted its rules. § 120.68(7)(e)(2), Fla. Stat. (2002). Rule 40E-2.301(f)

D'Alto v. State Dept. of Environmental Protection

860 So. 2d 1003, 2003 Fla. App. LEXIS 16813, 2003 WL 22508283

District Court of Appeal of Florida | Filed: Nov 6, 2003 | Docket: 1511586

Published

jurisdiction. See Art. V, § 4(b)(2), Fla. Const.; § 120.68(1), Fla. Stat. (2002). After an informal hearing

International Union of Police Associations v. State, Department of Management Services

855 So. 2d 76, 2003 Fla. App. LEXIS 7388, 2003 WL 21146059

District Court of Appeal of Florida | Filed: May 20, 2003 | Docket: 64825221

Published

with regard to the officers’ work schedules. See § 120.68(7)(e)3., Florida Statutes (2000). Discretion is

Wax v. Horne

844 So. 2d 797, 2003 WL 21077417

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64822770

Published

that the decision violates Florida Statutes section 120.68(7)(e)3.^L2 We affirm for several reasons. First

Wax v. Horne

844 So. 2d 798

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 1196854

Published

that the decision violates Florida Statutes section 120.68(7)(e)3.-4.[2] We affirm for several reasons

Cuff v. Unemployment Appeals Commission

837 So. 2d 606, 2003 Fla. App. LEXIS 1826, 2003 WL 354922

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 64820754

Published

as to the weight of evidence on disputed facts. § 120.68(7)(b), Fla. Stat. (2001); Doyle v. Unemployment

Harun v. Department of Children & Families

837 So. 2d 537, 2003 Fla. App. LEXIS 1395, 2003 WL 289462

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 64820729

Published

documents timely due to illness is not valid.” Section 120.68(1), Florida Statutes (2001), authorizes judicial

State, Florida Commission on Ethics v. MacNamara

833 So. 2d 299, 2002 Fla. App. LEXIS 19795, 2002 WL 31887859

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 64819618

Published

Appellate Procedure 9.100 and Florida Statutes section 120.68(1). The administrative law judge ruled that

Hobbs v. Department of Transp.

831 So. 2d 745, 2002 Fla. App. LEXIS 16921, 2002 WL 31525281

District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1387387

Published

supported by competent, substantial evidence. See § 120.68(10), Fla. Stat. (2001); Pershing Industries, Inc

Minkes v. Agency for Health Care Administration

836 So. 2d 1025, 2002 Fla. App. LEXIS 15499, 2002 WL 31373864

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 64820607

Published

overpayment amount, the final order must be reversed. § 120.68(7)(a), Fla. Stat. (2002); see Foley v. State of

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

guaranteed by the Administrative Procedure Act, section 120.68(1), Florida Statutes (Supp. 1976), but to set

Florida Hospital v. State Agency for Health Care Administration

823 So. 2d 844, 2002 Fla. App. LEXIS 11906, 2002 WL 1899903

District Court of Appeal of Florida | Filed: Aug 20, 2002 | Docket: 64816872

Published

interpretation compels a particular action. See § 120.68(7)(d), Fla. Stat. (1997); Southwest Fla. Water

Florida Fish & Wildlife Conservation Commission v. McGill

823 So. 2d 236, 2002 Fla. App. LEXIS 11180, 2002 WL 1790896

District Court of Appeal of Florida | Filed: Aug 6, 2002 | Docket: 64816795

Published

requested leave to proceed in accordance with section 120.68(1),. Florida Statutes, which authorizes interlocutory

Gallardo v. Scott

821 So. 2d 1237, 2002 Fla. App. LEXIS 10670, 2002 WL 1724050

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64816564

Published

gleaned from elsewhere in the statute. Looking to section 120.68(8), the court found the test appropriate in

Pinellas Suncoast Transit Authority v. Indish-Militello

819 So. 2d 1011, 2002 Fla. App. LEXIS 9387, 2002 WL 1401714

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 64816149

Published

to obtain interlocutory review pursuant to section 120.68(1), Florida Statutes. See Johnson v. Henningson

Department of Children & Families v. Cooper

819 So. 2d 1010, 2002 Fla. App. LEXIS 9385, 2002 WL 1401713

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 64816148

Published

to obtain interlocutory review pursuant to section 120.68(1), Florida Statutes. See Johnson v. Henningson

Space Coast Iceplex, Ltd. v. Department of Labor & Employment Security

819 So. 2d 939, 2002 Fla. App. LEXIS 9388, 2002 WL 1586976

District Court of Appeal of Florida | Filed: Jun 25, 2002 | Docket: 64816117

Published

PER CURIAM. AFFIRMED. See § 120.68(10), Fla. Stat. (2000); Freedom Labor Contractors of Fla. Inc. v

Pan v. State, Department of Health, Board of Acupuncture

810 So. 2d 544, 2002 Fla. App. LEXIS 1394, 2002 WL 215037

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 64813204

Published

evidence in the record to support the same. See Section 120.68(7)(b), Fla. Stat. (1997); Department of Banking

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

September 15, 2000 order must be set aside. Section 120.68(7)(c), Florida Statutes (2000) provides that:

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

of facts on which the agency action rests. See § 120.68(10), Fla. Stat. (1997); Legal Envtl. Assistance

Creel v. District Board of Trustees of Brevard Community College

785 So. 2d 1285, 155 Educ. L. Rep. 945, 2001 Fla. App. LEXIS 7891

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 64805656

Published

the end of the contract period. Pursuant to section 120.68(7)(c), this court is required to remand to

Altimeaux v. Ocean Construction, Inc.

782 So. 2d 922, 2001 Fla. App. LEXIS 3855, 2001 WL 280253

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 64804845

Published

aside agency action only upon certain findings. § 120.68(7)(b), Fla. Stat. (1999). These include a finding

Ludwig v. Department of Health

778 So. 2d 531, 2001 Fla. App. LEXIS 2363, 26 Fla. L. Weekly Fed. D 673

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 1290261

Published

and imposing other discipline. Pursuant to section 120.68(3), Florida Statutes (2000), he moved for a

Board of Trustees v. Support Terminals Operating Partnership, L.P.

776 So. 2d 337, 2001 Fla. App. LEXIS 432, 2001 WL 45252

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 64803237

Published

not subject to judicial review pursuant to section 120.68(1), Florida Statutes (2000) because section

State, Department of Transportation v. Plummer

774 So. 2d 945, 17 I.E.R. Cas. (BNA) 316, 2001 Fla. App. LEXIS 91, 2001 WL 20775

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 64802795

Published

these non-final orders is proper in this case. See § 120.68(1), Fla. Stat.; Holmes Reg’l Med. Cent., Inc.

Florida Cities Water Co v. Florida Public Service Commission

778 So. 2d 310, 2000 Fla. App. LEXIS 13855, 2000 WL 1617858

District Court of Appeal of Florida | Filed: Oct 31, 2000 | Docket: 64803749

Published

Commission. That, of course, is not our role. See § 120.68(7)(b), Fla. Stat. (1999); McCaw Communications

Worthwhile III, Ltd. v. Florida Housing Finance Corp.

770 So. 2d 700, 2000 Fla. App. LEXIS 12375, 2000 WL 1433648

District Court of Appeal of Florida | Filed: Sep 28, 2000 | Docket: 64801524

Published

agency action immediately reviewable pursuant to section 120.68(1), Florida Statutes. The appellant failed

Horne v. Department of Children & Family Services

763 So. 2d 1279, 2000 Fla. App. LEXIS 10727, 2000 WL 1187763

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 64799286

Published

CURIAM. Affirmed. See 7 C.F.R. § 273.8(e)(2)(1998); § 120.68(4), Fla. Stat. (1999).

Krumm v. Department of Health

764 So. 2d 929, 2000 Fla. App. LEXIS 10691, 2000 WL 1180164

District Court of Appeal of Florida | Filed: Aug 22, 2000 | Docket: 64799531

Published

that such orders are renewable pursuant to section 120.68(1), Florida Statutes. See *930Cunningham v

Quevedo v. South Florida Water Management District

762 So. 2d 982, 2000 Fla. App. LEXIS 6853, 2000 WL 726480

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64798830

Published

resolving disputed factual issues.” Id. at 666; see § 120.68(10), Fla. Stat. (1999). As we said in Perdue,

State Department of Insurance v. Florida Bankers Ass'n

764 So. 2d 660, 2000 WL 628005

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1516407

Published

competent substantial evidence, as required by section 120.68(10), Florida Statutes (1999). We therefore

Florida Department of Revenue v. WHI Ltd. Partnership

754 So. 2d 205, 2000 Fla. App. LEXIS 4498, 2000 WL 380247

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796167

Published

the materials requested. We have jurisdiction. § 120.68(1), Fla. Stat. (1999). See Scientific Games, Inc

Rodda v. Admiral Farragut Academy South, Inc.

752 So. 2d 715, 2000 Fla. App. LEXIS 1811, 2000 WL 216676

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 64795586

Published

competent substantial evidence, we must affirm. See § 120.68(7)(b), Fla. Stat. (1999). Affirmed. PARKER, A

Testa v. Unemployment Appeals Commission

779 So. 2d 339, 2000 Fla. App. LEXIS 405, 2000 WL 44106

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 64804112

Published

Comm’n, 677 So.2d 1333, 1336 (Fla. 1st DCA 1996); § 120.68(7)(c), Fla. Stat. (1997). We conclude that Ms

New Arena Square North & South, Ltd. v. Florida Housing Finance Corp.

744 So. 2d 1259, 1999 Fla. App. LEXIS 15746, 1999 WL 1075321

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 64792264

Published

substantial evidence to support its findings. § 120.68(7)®), Fla. Stat. *1261(1997); see Legal Envtl

Amendment to Florida Rules of Appellate Procedure-Rule 9.100(g), (j), & (k)

760 So. 2d 74, 24 Fla. L. Weekly Supp. 561, 1999 Fla. LEXIS 2048, 1999 WL 1073084

Supreme Court of Florida | Filed: Nov 24, 1999 | Docket: 64797896

Published

implement the Administrative Procedure Act, section 120.68(1), Florida Statutes (Supp.1976), which provides

Coastal Petroleum Co. v. Florida Wildlife Federation, Inc.

766 So. 2d 226, 1999 Fla. App. LEXIS 13172, 1999 WL 790698

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64800115

Published

and adequately explained its determination. Section 120.68(12), Fla. Stat. (1997). Cf. Dept. of Administration

Whitehurst v. Department of Corrections Inmate Grievance

739 So. 2d 683, 1999 Fla. App. LEXIS 11670, 1999 WL 674329

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64790300

Published

inmate grievance is not appealable pursuant to section 120.68, Florida Statutes. Despite an order to show

Cigna Dental Health of Florida, Inc. v. McGurk

739 So. 2d 159, 1999 Fla. App. LEXIS 10706, 24 Fla. L. Weekly Fed. D 1957

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 64790157

Published

would review the petitioners’ claims under section 120.68(1), Florida Statutes (1997). It is wrong for

Florida Public Employees Council 79 v. Jacksonville Employees Together

738 So. 2d 489, 161 L.R.R.M. (BNA) 3183, 1999 Fla. App. LEXIS 10581, 1999 WL 569617

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 64789786

Published

, CONCUR. . This court has jurisdiction. See § 120.68(1), Fla. Stat. (1997); Zarco Supply Co. v. Bonnell

Thomas v. Department of Juvenile Justice

730 So. 2d 809, 1999 Fla. App. LEXIS 4291, 1999 WL 188043

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787661

Published

of Juvenile Justice on an issue of discretion, § 120.68(7), Fla. Stat. (1997), we affirm the Department’s

Thomas v. Department of Juvenile Justice

730 So. 2d 809, 1999 Fla. App. LEXIS 4291, 1999 WL 188043

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787661

Published

of Juvenile Justice on an issue of discretion, § 120.68(7), Fla. Stat. (1997), we affirm the Department’s

Starr v. Department of Business & Professional Regulation

729 So. 2d 1006, 1999 Fla. App. LEXIS 4180, 1999 WL 174233

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64787423

Published

court cannot reweigh such findings of fact. See § 120.68(10), Fla. Stat. (1997). Rather, appellant argues

Sumter Citizens Against Irresponsible Development v. Department of Community Affairs

730 So. 2d 370, 1999 Fla. App. LEXIS 3864, 1999 WL 163802

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64787508

Published

1215 n. 4 (Fla. 1st DCA 1991). However, under section 120.68(7)(b) and 120.68(10), Florida Statutes, this

Holmes Reg. Med. v. Health Care Admin.

731 So. 2d 51, 1999 WL 152566

District Court of Appeal of Florida | Filed: Mar 23, 1999 | Docket: 1408760

Published

the review of nonfinal administrative orders. Section 120.68(1), Florida Statutes (1997), provides that

N.P. v. Department of Children & Families

728 So. 2d 331, 1999 Fla. App. LEXIS 2560, 1999 WL 123731

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786802

Published

report. See § 415.1075(4), Fla. Stat. (1997); § 120.68(10), Fla. Stat. (1997).

Hartley v. Department of Management Services, Division of Retirement

711 So. 2d 1380, 1998 Fla. App. LEXIS 7432, 1998 WL 320125

District Court of Appeal of Florida | Filed: Jun 19, 1998 | Docket: 64781261

Published

competent substantial evidence in the record.” § 120.68(10), Fla. Stat. (1995). At the hearing in this

Metropolitan Dade County v. State Department of Environmental Protection

714 So. 2d 512, 1998 Fla. App. LEXIS 6611, 1998 WL 299829

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64781846

Published

The County appeals. I. Standard of Review Section 120.68, Florida Statutes, provides the parameters

Southern States Utilities v. Florida Public Service Commission

714 So. 2d 1046, 1998 Fla. App. LEXIS 6569

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64781948

Published

), 92 F.P.S.C. 4:547, 551-552 (1992). Under section 120.68, Florida Statutes (Supp.1996), remand is required

City of Opa-Locka v. Department of Transportation

709 So. 2d 651, 1998 Fla. App. LEXIS 5286, 1998 WL 236276

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64780265

Published

evidence, the order under review is affirmed. See § 120.68(10), Fla. Stat. (1995).

Liberty Care Plan v. Department of Insurance

710 So. 2d 202, 1998 Fla. App. LEXIS 4849, 1998 WL 216047

District Court of Appeal of Florida | Filed: May 5, 1998 | Docket: 64780769

Published

pursuant to section 120.68(6), Florida Statutes (1995), and supersedeas pursuant to section 120.68(3)(a),

Silver Show Inc. v. Department of Business & Professional Regulation of the State

763 So. 2d 348, 1998 Fla. App. LEXIS 4847, 1998 WL 188294

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64798999

Published

entitled to a stay as a matter of right, citing section 120.68(3) which states that: “[t]he filing of the

Florida Leisure Acquisition Corp. v. Florida Commission on Human Relations

708 So. 2d 1001, 1998 Fla. App. LEXIS 2954, 23 Fla. L. Weekly Fed. D 823

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 64780030

Published

(c), Florida Rules of Appellate Procedure and section 120.68(1), Florida Statutes. (1993). We declined that

Pou v. Department of Insurance & Treasurer

707 So. 2d 941, 1998 Fla. App. LEXIS 2680, 1998 WL 117301

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64779722

Published

findings of the administrative law judge. See § 120.68(6)(b), Fla. Stat. After consideration of the record

Florida Cities Water Co. v. State

705 So. 2d 620, 1998 Fla. App. LEXIS 155, 1998 WL 5407

District Court of Appeal of Florida | Filed: Jan 12, 1998 | Docket: 64778728

Published

), 92 F.P.S.C. 4:547, 551-552 (1992). Under section 120.68, Florida Statutes (Supp.1996), remand is required

B.D.M. Financial Corp. v. Department of Business & Professional Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

698 So. 2d 1359, 1997 Fla. App. LEXIS 10565, 1997 WL 570480

District Court of Appeal of Florida | Filed: Sep 16, 1997 | Docket: 64775635

Published

follow prescribed procedure, as provided in section 120.68(8), Florida Statutes, as well as general principles

Neonatology Associates, P.A. v. State, Agency for Health Care Administration

698 So. 2d 641, 1997 Fla. App. LEXIS 10224, 1997 WL 537076

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775523

Published

interpretation of its rules is not clearly erroneous. See § 120.68(8), .68(9), Fla. Stat. (1995); Department of Health

Baumgardner v. Florida Unemployment Appeals Commission

697 So. 2d 938, 1997 Fla. App. LEXIS 8599, 1997 WL 423100

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 64775302

Published

is supported by competent substantial evidence. § 120.68, Fla. Stat. (1995). BLUE, A.C.J., and QUINCE and

A.O. v. Department of Health & Rehabilitative Services

696 So. 2d 1358, 1997 Fla. App. LEXIS 8502, 1997 WL 413819

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 64775094

Published

evidence or resolving disputed factual issues. § 120.68(10), Fla. Stat. (1993). See McKinney v. Castor

Brogan v. Carter

694 So. 2d 168, 1997 Fla. App. LEXIS 6206, 1997 WL 304862

District Court of Appeal of Florida | Filed: Jun 9, 1997 | Docket: 64773910

Published

law, in other words abused its discretion, section 120.68(12) requires that the reviewing court remand

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

the agency’s delegated range of discretion. See § 120.68(12), Fla.Stat. (1995); Doyle v. Florida Unemployment

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

final agency action will be available under section 120.68, Florida Statutes (Supp.1996). While Bankers

Latin Express Service, Inc. v. State, Department of Revenue

687 So. 2d 1342, 1997 Fla. App. LEXIS 367, 1997 WL 39601

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 64771160

Published

of the agency’s action is appropriate under section 120.68.” However, “agency action” is defined by section

Naples Community Hospital, Inc. v. State, Agency for Health Care Administration

687 So. 2d 62, 1997 Fla. App. LEXIS 330

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 64770635

Published

protective order. We grant review pursuant to section 120.68(1), Florida Statutes, because review of a final

Bell Atlantic Business Systems Services, Inc. v. Florida Department of Labor & Employment Security

677 So. 2d 989, 1996 Fla. App. LEXIS 8349, 1996 WL 449855

District Court of Appeal of Florida | Filed: Aug 12, 1996 | Docket: 64766507

Published

Estate Comm’n, 146 So.2d 907 (Fla. 2d DCA 1962); section 120.68(6), Florida Statutes (1993). For these reasons

Hebert v. Unemployment Appeals Commission

677 So. 2d 1333, 1996 Fla. App. LEXIS 8220, 1996 WL 434334

District Court of Appeal of Florida | Filed: Aug 5, 1996 | Docket: 64766552

Published

or a failure to follow prescribed procedure. Section 120.68(8), Florida Statutes (1993); Revell v. Florida

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

This case comes under the aegis of Fla.Stat. § 120.68(1) which states that a party may obtain judicial

GTE Florida Inc. v. Clark

668 So. 2d 971, 21 Fla. L. Weekly Supp. 101, 1996 Fla. LEXIS 281, 1996 WL 84211

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 64762716

Published

HARDING, WELLS and ANSTEAD, JJ., concur. . See § 120.68(3)(a), Florida Statutes (1995); Fla.Admin.Code

J.C. ex rel. W.H. v. School Board of Orange County

668 So. 2d 693, 1996 WL 82735

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762639

Published

hearing officer’s order by this court under section 120.68(2), Florida Statutes, and why the appeal should

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

proceedings or the correctness of the action.” § 120.68(8), Fla.Stats. We therefore must set aside the

NEC Business Communication Systems (East), Inc. v. Seminole County School Board

668 So. 2d 338, 1996 Fla. App. LEXIS 1543, 1996 WL 75311

District Court of Appeal of Florida | Filed: Feb 23, 1996 | Docket: 64762492

Published

County School Board. We have jurisdiction. See § 120.68(1), Fla.Stat. (1995) (preliminary or intermediate

Bryant v. Beary

665 So. 2d 385, 1996 Fla. App. LEXIS 69, 1996 WL 2422

District Court of Appeal of Florida | Filed: Jan 5, 1996 | Docket: 64761077

Published

way of plenary appeal, final “agency action”. § 120.68(2), Fla.Stat. (1993); Fla.R.App.P. 9.030(b)(1)(C)

Rojas v. Warner Lambert Co.

662 So. 2d 765, 1995 Fla. App. LEXIS 11955, 1995 WL 676068

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760087

Published

PER CURIAM. Affirmed. § 120.68(10), Fla.Stat. (1993); Heifetz v. Department of Business Regulation,

East Central Regional Waste-Water Facilities Operation Board v. City of West Palm Beach

659 So. 2d 402, 1995 Fla. App. LEXIS 8197, 1995 WL 455433

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 64758347

Published

jurisdiction to review the declaratory statement. § 120.68, Fla.Stat. (1993). Although ECR does not challenge

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

the proceeding, so as to warrant relief under section 120.68(8), Florida Statutes. The order is set aside

Gong v. Department of Community Affairs

657 So. 2d 17, 1995 Fla. App. LEXIS 5597, 1995 WL 316741

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 64757489

Published

PER CURIAM. Affirmed. § 120.68(8), Fla.Stat. (1993); Carter v. Department of Professional Regulation

Miccosukee Tribe of Indians v. State

656 So. 2d 505, 1995 WL 271012

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1683726

Published

Commission. Reversed and remanded. NOTES [1] § 120.68(8), Fla. Stat. (1993).

Rose v. State, Department of Insurance & Treasurer

656 So. 2d 181, 1995 Fla. App. LEXIS 4642, 1995 WL 254376

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 64757128

Published

PER CURIAM. Affirmed. § 120.68(10), Fla.Stat. (1989); Ferris v. Turlington, 510 So.2d 292 (Fla.1987);

Gauthier v. Florida Real Estate Commission

654 So. 2d 580, 1995 Fla. App. LEXIS 3705, 1995 WL 214644

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64756082

Published

their judgment for that of the Commission. See § 120.68(10), Fla.Stat. (1993). I find that there is competent

Waterman v. State

654 So. 2d 150, 1995 Fla. App. LEXIS 3221, 1995 WL 132331

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755872

Published

by the competent substantial evidence standard. § 120.68(10), Fla.Stat. (1991); McDonald v. Dept, of Banking

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

determination on the record of the proceedings.” § 120.68(6), Fla.Stat. (1993). Also, an appellate court

Hoyos v. Veterans Administration Hospital

644 So. 2d 1040, 1994 Fla. App. LEXIS 11356, 1994 WL 656661

District Court of Appeal of Florida | Filed: Nov 23, 1994 | Docket: 64752013

Published

supported by substantial competent evidence, see § 120.68(10), Fla.Stat. (1993), and no error of law has

West Coast Regional Water Supply Authority v. Southwest Florida Water Management District

646 So. 2d 765, 1994 Fla. App. LEXIS 10781, 1994 WL 604339

District Court of Appeal of Florida | Filed: Nov 4, 1994 | Docket: 64752746

Published

until the requested hearing has occurred. See § 120.68(1), Fla.Stat. (1993); Fla. R.App.P. 9.030(b)(1)(C)

Hubbard Construction Co. v. Department of Transportation

642 So. 2d 1192, 1994 Fla. App. LEXIS 9327, 1994 WL 525142

District Court of Appeal of Florida | Filed: Sep 29, 1994 | Docket: 64751039

Published

appellant may seek ancillary relief pursuant to section 120.-68(13)(a)2, Florida Statutes (1993), in an appropriate

Bodenstab v. Department of Professional Regulation, Board of Medicine

648 So. 2d 742, 1994 Fla. App. LEXIS 8446

District Court of Appeal of Florida | Filed: Aug 26, 1994 | Docket: 64753424

Published

entitled to seek judicial review pursuant to section 120.68(1), Florida Statutes (1993). The judicial review

World Transportation, Inc. v. Central Florida Regional Transportation

641 So. 2d 913, 1994 Fla. App. LEXIS 7216, 1994 WL 380171

District Court of Appeal of Florida | Filed: Jul 21, 1994 | Docket: 64750510

Published

Orange-Seminole-Osceola Transportation Authority. See § 120.68(1),, Fla.Stat. (1993); Fla.R.App.P. 9.030(b)(2)(A)

Ago

Florida Attorney General Reports | Filed: May 10, 1994 | Docket: 3257702

Published

prescribed procedure. As one court stated, We read [section 120.68(8)] to mean that even though an agency has

Narkier v. Department of Health & Rehabilitative Services

636 So. 2d 193, 1994 Fla. App. LEXIS 4138, 1994 WL 162835

District Court of Appeal of Florida | Filed: May 4, 1994 | Docket: 64748163

Published

jurisdiction over the officer’s appeal). See also section 120.68(6), Florida Statutes (1991) *194(Reviewing

Florida Gas Transmission Co. v. PSC

635 So. 2d 941, 1994 WL 137905

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 1353340

Published

a complete record for review as required by section 120.68, Florida Statutes (1993). We disagree. We find

Patchett v. Commission on Ethics

626 So. 2d 319, 1993 Fla. App. LEXIS 11538, 1993 WL 462704

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 64743928

Published

de*320nied his motion for a protective order. Section 120.68(1), Fla.Stat. (1991), provides for immediate

Msq Properties v. Florida Dhrs

626 So. 2d 292, 1993 WL 445485

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 1685098

Published

appellate court on motion. We recognize that section 120.68(3)(a), Florida Statutes (Supp. 1992), provides

Gessler v. Department of Business & Professional Regulation

627 So. 2d 501, 1993 Fla. App. LEXIS 9450, 1993 WL 369322

District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 64744378

Published

substantial interests has been held. Further, section 120.68(8) provides: The court shall remand the case

State Board of Administration v. Public Employees Relations Commission

623 So. 2d 615, 1993 Fla. App. LEXIS 8972, 1993 WL 347515

District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 64698465

Published

herein meets the requirements for review under Section 120.68(1), Florida Statutes (1991); Fla.R.App.P. 9

Floridians for Responsible Utility Growth v. Beard

621 So. 2d 410, 18 Fla. L. Weekly Supp. 421, 1993 Fla. LEXIS 1160, 1993 WL 241026

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 64697631

Published

rehear*412ing. Floridians filed this appeal pursuant to section 120.68, Florida Statutes (1991). In this appeal, Floridians

Floridians for Responsible Utility Growth v. Beard

621 So. 2d 410, 18 Fla. L. Weekly Supp. 421, 1993 Fla. LEXIS 1160, 1993 WL 241026

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 64697631

Published

rehear*412ing. Floridians filed this appeal pursuant to section 120.68, Florida Statutes (1991). In this appeal, Floridians

Kelly v. Department of Health & Rehabilitative Services

617 So. 2d 756, 1993 Fla. App. LEXIS 4329, 1993 WL 116742

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64695875

Published

Regulation, 475 So.2d 1277 (Fla. 1st DCA 1985), § 120.-68(10), Fla.Stat. The court shall, however, set aside

Kelly v. Department of Health & Rehabilitative Services

617 So. 2d 756, 1993 Fla. App. LEXIS 4329, 1993 WL 116742

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64695875

Published

Regulation, 475 So.2d 1277 (Fla. 1st DCA 1985), § 120.-68(10), Fla.Stat. The court shall, however, set aside

E.V. v. Department of Health & Rehabilitative Services

615 So. 2d 251, 1993 Fla. App. LEXIS 2478, 1993 WL 63505

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 64694923

Published

the final order of an administrative agency; section 120.68(9), Florida Statutes (Supp.1990), requires

Carter v. Department of Professional Regulation, Board of Optometry

613 So. 2d 78, 1993 Fla. App. LEXIS 1217, 1993 WL 12392

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693880

Published

requirement must be read in conjunction with section 120.68(8), which the supreme court characterized as

Manning v. State, Department of Corrections

611 So. 2d 617, 1993 Fla. App. LEXIS 160

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 64693259

Published

proceedings, or to seek judicial review under section 120.68, Florida Statutes, with regard to such agency

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

in accordance with the review provisions of section 120.68(9), Florida Statutes (1991). LeDew v. Unemployment

Florida Marine Fisheries Commission v. Organized Fishermen of Florida

610 So. 2d 92, 1992 Fla. App. LEXIS 12801, 1992 WL 379420

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692751

Published

determination of invalidity was based. See section 120.68(10). AFFIRMED in part and REVERSED in part

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

remand for a factfinding proceeding pursuant to section 120.68(6), Florida Statutes (1989). The parties may

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

remand for a factfinding proceeding pursuant to section 120.68(6), Florida Statutes (1989). The parties may

Sugar Cane Growers Cooperative v. South Florida Water Management District

608 So. 2d 904, 1992 Fla. App. LEXIS 11835, 1992 WL 324854

District Court of Appeal of Florida | Filed: Nov 12, 1992 | Docket: 64692175

Published

the petition for review of agency action. See § 120.68(1), Fla.Stat. (1991); Charter Medical-Jacksonville

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

. [s]et aside or modify the agency actionf.]” § 120.68(9)(a), Fla.Stat. (Supp. 1990). In this case, the

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

section 120.57, Florida Statutes (1991). See section 120.68(8), Florida Statutes (1991). In January 1978

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

findings, pursuant to the cited authorities and § 120.68(10), Florida Statutes, the suspension of the appellant’s

Newton v. Department of Health & Rehabilitative Services

598 So. 2d 1078, 1992 Fla. App. LEXIS 5508, 1992 WL 104620

District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 64667454

Published

following reasons, we reject this argument. Section 120.68, Florida Statutes (1989), provides for judicial

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

we affirm the order requiring their removal. § 120.68(10), Fla. Stat. (1989); McDonald v. Department

Israel v. U.S. Postal Service

594 So. 2d 873, 1992 Fla. App. LEXIS 3300, 1992 WL 48803

District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64665584

Published

PER CURIAM. Affirmed. Section 120.68(10), Fla.Stat. (1989).

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

right to appeal this Consent Order pursuant to Section 120.68, F.S.” . DER also asked the trial court to

Canino v. South Florida Beverage Corp.

589 So. 2d 1023, 1991 Fla. App. LEXIS 12105, 1991 WL 247488

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 64663289

Published

Applegate v. Barnett Bank, 377 So.2d 1150 (Fla.1979); § 120.68(10), Fla.Stat. (1989).

State, Department of Community Affairs v. Division of Administrative Hearings

588 So. 2d 272, 1991 Fla. App. LEXIS 10485, 1991 WL 210487

District Court of Appeal of Florida | Filed: Oct 21, 1991 | Docket: 64662699

Published

not meet the requirements for review under section 120.68(1), Florida Statutes (1987). I do, however

Interest of C.L.S. v. State

586 So. 2d 1173, 1991 Fla. App. LEXIS 9081

District Court of Appeal of Florida | Filed: Sep 10, 1991 | Docket: 64662115

Published

action under the Administrative Procedure Act, Section 120.68, Florida Statutes (Supp.1976); (4) appeals

Klein v. CHR Associates, Inc.

584 So. 2d 1089, 1991 WL 152948

District Court of Appeal of Florida | Filed: Aug 13, 1991 | Docket: 64661115

Published

substantial competent evidence in the record. Section 120.68(10), Fla.Stat. (1989). The appeals referee

Patmilt Corp. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

581 So. 2d 997, 1991 Fla. App. LEXIS 6118, 1991 WL 115143

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 64659876

Published

impaired by a material error in *999procedure. § 120.68(8), Fla.Stat. (1989). In our view, the facts as

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

section 120.57(2), Florida Statutes, pursuant to section 120.68(12)(d), Florida Statutes (1987). WIGGINTON

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

judicial review of those decisions pursuant to Section 120.68, Florida Statutes, as in the current appeal

Browning v. Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

574 So. 2d 188, 1991 Fla. App. LEXIS 422, 1991 WL 4998

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 64656310

Published

1986. On review of that order pursuant to section 120.68, this court affirmed without opinion on March

Harris v. School Board of Dade County

572 So. 2d 5, 1990 Fla. App. LEXIS 9737, 1990 WL 205886

District Court of Appeal of Florida | Filed: Dec 18, 1990 | Docket: 64655400

Published

v. Reynolds, 443 So.2d 501 (Fla. 3d DCA 1984); § 120.68(10), Fla.Stat. (1987).

Fortune Life Insurance v. State, Department of Insurance

569 So. 2d 1325, 1990 Fla. App. LEXIS 8568, 1990 WL 175064

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 64654568

Published

therefore the automatic stay provisions of section 120.68(3) are inapplicable. Further, the agency argues

Coscan Florida, Inc. v. Metropolitan Dade County

567 So. 2d 19, 1990 Fla. App. LEXIS 7006, 1990 WL 133199

District Court of Appeal of Florida | Filed: Sep 13, 1990 | Docket: 64653151

Published

this court was properly invoked pursuant to section 120.68(2), Florida Statutes (1989), which provides

Board of County Commissioners v. Florida Department of Transportation

568 So. 2d 67, 1990 Fla. App. LEXIS 5754, 1990 WL 110291

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 64653746

Published

agency proceedings on this point pursuant to Section 120.68(13)(a)l., Florida Statutes. REVERSED, and REMANDED

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

appealable — though informal — "agency action," § 120.68(1), Fla. Stat. (1989); First Nat'l Bank v. Lewis

Manasota-88, Inc. v. State, Department of Environmental Regulation

567 So. 2d 895, 1990 Fla. App. LEXIS 2790, 1990 WL 48656

District Court of Appeal of Florida | Filed: Apr 23, 1990 | Docket: 64653556

Published

120.54(3)(a), (6), and (ll)(a), Fla.Stat.; section 120.68(5)(b), Fla.Stat. Id. at 1270. A proper record

Hunt v. Department of Professional Regulation, Board of Psychological Examiners

558 So. 2d 156, 1990 Fla. App. LEXIS 1720, 1990 WL 26689

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 64648780

Published

for stay pending appeal, appellant cites to Section 120.68(3), Florida Statutes, which states that “if

Venture Corp. of Sarasota v. Department of Business Regulation

557 So. 2d 686, 1990 Fla. App. LEXIS 1343, 1990 WL 20385

District Court of Appeal of Florida | Filed: Mar 8, 1990 | Docket: 64648603

Published

Regulation, 463 So.2d 328 (Fla. 5th DCA 1985). See also § 120.68(10), Fla.Stat. (1989). After a careful review

Cone Corp. v. State, Department of Transportation

556 So. 2d 530, 1990 Fla. App. LEXIS 731, 1990 WL 10231

District Court of Appeal of Florida | Filed: Feb 9, 1990 | Docket: 64648009

Published

standard of review for agency action pursuant to section 120.68, Florida Statutes (1987), is applicable to

O'Connell v. State, Department of Administration, Division of Retirement

557 So. 2d 609, 1990 Fla. App. LEXIS 699, 1990 WL 8675

District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 64648569

Published

correct interpretation compels a particular action,” § 120.68, Fla.Stat. (1987), we reverse and remand for distribution

Drost v. State, Department of Environmental Regulation

559 So. 2d 1154, 14 Fla. L. Weekly 2577, 1989 Fla. App. LEXIS 6200, 1989 WL 133273

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 64649722

Published

S. 901, 104 S.Ct. 1673, 80 L.Ed.2d 149 (1984); § 120.68(9), Fla.Stat. (1987). We must affirm an agency’s

Carter v. Department of Professional Regulation, Board of Medicine

550 So. 2d 494, 14 Fla. L. Weekly 2207, 1989 Fla. App. LEXIS 5150, 1989 WL 109519

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 64645553

Published

on appeal of nonfinal agency action under Section 120.-68(1), Florida Statutes. The Board of Medicine

Terrell Oil Co. v. Department of Transportation

541 So. 2d 713, 14 Fla. L. Weekly 805, 1989 Fla. App. LEXIS 1653, 1989 WL 31241

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 64641595

Published

this court to issue a stay order, relying on section 120.-68(3), Florida Statutes, which provides that:

In re Waldron

540 So. 2d 247, 14 Fla. L. Weekly 792, 1989 Fla. App. LEXIS 1582, 1989 WL 27931

District Court of Appeal of Florida | Filed: Mar 29, 1989 | Docket: 64641173

Published

CURIAM. Appellant seeks review, pursuant to section 120.68, Florida Statutes (1987), of a final order

House v. State, Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

539 So. 2d 3, 14 Fla. L. Weekly 469, 1989 Fla. App. LEXIS 860, 1989 WL 12436

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 64640735

Published

stayed during the pendency of the appeal, see section 120.68(3), Florida Statutes (1987). Appellant has

Ticktin v. Department of Professional Regulation

532 So. 2d 47, 13 Fla. L. Weekly 2269, 1988 Fla. App. LEXIS 4478, 1988 WL 103938

District Court of Appeal of Florida | Filed: Oct 4, 1988 | Docket: 64637469

Published

license to practice medicine. He relies upon Section 120.68(3), Florida Statutes, which provides in pertinent

Department of Military Affairs v. Griffin

530 So. 2d 1029, 13 Fla. L. Weekly 2016, 1988 Fla. App. LEXIS 3851, 1988 WL 89490

District Court of Appeal of Florida | Filed: Aug 31, 1988 | Docket: 64636923

Published

evidentiary hearing on the jurisdictional issue. Section 120.68(13), Florida Statutes (1985). Accordingly,

Northrop & Northrop Building Partnership v. State, Department of Corrections

528 So. 2d 1249, 13 Fla. L. Weekly 1681, 1988 Fla. App. LEXIS 3312, 1988 WL 75036

District Court of Appeal of Florida | Filed: Jul 19, 1988 | Docket: 64636211

Published

Florida, 526 So.2d 988 (Fla. 1st DCA 1988). See also § 120.68(8), Fla.Stat. Reversed and remanded for further

Redner v. State

532 So. 2d 8, 13 Fla. L. Weekly 1669, 1988 Fla. App. LEXIS 3022, 1988 WL 72248

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64637456

Published

conclude that section has been superseded by section 120.68(3), Florida Statutes *9(1981), which provides

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

does not require reversal in this instance. Section 120.68(8) provides for reversal and remand only if

White Construction Co. v. State, Department of Transportation

526 So. 2d 998, 13 Fla. L. Weekly 1390, 1988 Fla. App. LEXIS 2394, 1988 WL 59577

District Court of Appeal of Florida | Filed: Jun 9, 1988 | Docket: 64635471

Published

Appellant seeks to stay that order, relying on section 120.68(3) which provides that when an order has the

Nach v. Department of Professional Regulation, Board of Medical Examiners

528 So. 2d 908, 1988 Fla. App. LEXIS 4303

District Court of Appeal of Florida | Filed: Apr 29, 1988 | Docket: 64636126

Published

patient records. We have jurisdiction pursuant to section 120.68(1), Florida Statutes (1985). We affirm the

Jacobs v. E.R. Jahna Industries, Inc.

522 So. 2d 1075, 1988 Fla. App. LEXIS 1471, 1988 WL 31740

District Court of Appeal of Florida | Filed: Apr 13, 1988 | Docket: 64633902

Published

remanded to the Commission in accordance with section 120.68, Florida Statutes. ANSTEAD and DELL, JJ., concur

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

Finance, 346 So.2d 569, 579 (Fla. 1st DCA 1977); and § 120.68(10), Fla.Stat. After careful review of the record

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

against him. We have jurisdiction pursuant to Section 120.68(1), Florida Statutes (1985), and reverse. Stern’s

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

placing them in the mail until a later date. Section 120.68(8), Florida Statutes (1985), provides in relevant

Bayonet Point Reg. Med. Ctr. v. Dhrs

516 So. 2d 995, 1987 WL 1896

District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 1677867

Published

powers of review over administrative action by Section 120.68, Florida Statutes, but those powers do not

Hannon v. Department of Health & Rehabilitative Services

513 So. 2d 215, 1987 Fla. App. LEXIS 12192, 12 Fla. L. Weekly 2292

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 64629777

Published

meeting this standard, the order must be set aside. § 120.68(10), Fla.Stat. (1983). With respect to the first

SOS Alford v. School Board of Jackson County

511 So. 2d 438, 12 Fla. L. Weekly 2027, 1987 Fla. App. LEXIS 9965

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 64628928

Published

afford appellants any relief in this cause. See Section 120.68(12), F.S., and Cortese v. School Board of Palm

Valdez v. Department of Professional Regulations, Board of Pharmacy

509 So. 2d 976, 1987 Fla. App. LEXIS 9223, 12 Fla. L. Weekly 1637

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 64628352

Published

not supported by substantial competent evidence, § 120.68(10), Fla.Stat. (1985), but *977is the result of

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

judicial review of those proceedings under section 120.68. The case was remanded to the Construction

Ranpura v. Department of Professional Regulation, Board of Medical Examiners

507 So. 2d 146, 1987 Fla. App. LEXIS 8032, 12 Fla. L. Weekly 1151

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64627150

Published

regarding the case. We grant review pursuant to section 120.68(1), Florida Statutes, since review of a final

Ranpura v. Department of Professional Regulation, Board of Medical Examiners

507 So. 2d 146, 1987 Fla. App. LEXIS 8032, 12 Fla. L. Weekly 1151

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64627150

Published

regarding the case. We grant review pursuant to section 120.68(1), Florida Statutes, since review of a final

Airboat Ass'n of Florida v. Florida Game & Fresh Water Fish Commission

498 So. 2d 629, 11 Fla. L. Weekly 2575, 1986 Fla. App. LEXIS 11284

District Court of Appeal of Florida | Filed: Dec 9, 1986 | Docket: 64623509

Published

the Florida Constitution as implemented by Section 120.68(1), (2) of the Florida Statutes (1985). We

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

standards of accepted nursing practice. However, Section 120.68(10), Florida Statutes, provides that the appellate

State, Department of Transportation v. Hendry Corp.

500 So. 2d 218, 11 Fla. L. Weekly 2408, 1986 Fla. App. LEXIS 10657

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 64624099

Published

immediate review in this Court pursuant to Section 120.68 (1) which provides in pertinent part: 120.68

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

260, 262 (Fla. 1st DCA 1985). It is true that Section 120.68(1) allows for immediate review of preliminary

Leon County Police Benevolent Associates, Inc. v. City of Tallahassee

491 So. 2d 589, 11 Fla. L. Weekly 1517, 1986 Fla. App. LEXIS 8752

District Court of Appeal of Florida | Filed: Jul 10, 1986 | Docket: 64620675

Published

duty imposed by Florida Cities, McDonald, and section 120.68(12)(c), Florida Statutes. The order appealed

Leon County Police Benevolent Associates, Inc. v. City of Tallahassee

491 So. 2d 589, 11 Fla. L. Weekly 1517, 1986 Fla. App. LEXIS 8752

District Court of Appeal of Florida | Filed: Jul 10, 1986 | Docket: 64620675

Published

duty imposed by Florida Cities, McDonald, and section 120.68(12)(c), Florida Statutes. The order appealed

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

there any general authorization therefor in Section 120.68. Rule 9.400, Fla. R.App.P. requires a motion

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

report for the months of January through June. Section 120.68(10), Florida Statutes. Second, we do not agree

Florida Living Care, Inc. v. Department of Health & Rehabilitative Services

488 So. 2d 876, 1986 Fla. App. LEXIS 7760, 11 Fla. L. Weekly 1107

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 64619496

Published

action would provide an inadequate remedy. Section 120.68(1), Florida Statutes, thus does not authorize

Old Timers Restaurant & Lounge, Inc. v. State, Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

483 So. 2d 463, 11 Fla. L. Weekly 339, 1986 Fla. App. LEXIS 6293

District Court of Appeal of Florida | Filed: Feb 6, 1986 | Docket: 64617462

Published

moved to stay the revocation order pursuant to section 120.68(3). That section provides: (3) The filing of

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

after final agency action would be inadequate. Section 120.68(1), Fla.Stat., Fla.R.App.P. 9.100.1 In October

Friends of the Everglades, Inc. v. Zoning Board

478 So. 2d 1126, 10 Fla. L. Weekly 2533, 1985 Fla. App. LEXIS 16828

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615723

Published

and appellant does not show, as required by § 120.-68(1), Florida Statutes, that review of a final agency

Shurly Contracting, Inc. v. Department of Transportation

477 So. 2d 24, 10 Fla. L. Weekly 2309, 1985 Fla. App. LEXIS 16272

District Court of Appeal of Florida | Filed: Oct 9, 1985 | Docket: 64614795

Published

was delinquent in completing the project. Section 120.68(10), Florida Statutes (1983); Collier Medical

Iturralade v. Department of Professional Regulation

482 So. 2d 375, 10 Fla. L. Weekly 2221, 1985 Fla. App. LEXIS 15946

District Court of Appeal of Florida | Filed: Sep 24, 1985 | Docket: 64617103

Published

this opinion is to point out the operation of Section 120.68(3), Florida Statutes, so frequently overlooked

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

for purposes of filing a notice of appeal. Section 120.68(1), Florida Statutes (1983) secures judicial

Fresh Start, Inc. v. Division of Alcoholic Beverages & Tobacco

469 So. 2d 244, 10 Fla. L. Weekly 1352, 1985 Fla. App. LEXIS 14228

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 64612157

Published

2d 276 (Fla. 3d DCA 1982); § 561.29(1)(a) and § 120.68(12), Fla.Stat. (1983). We recognize the recent

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

action, which shall be appealable pursuant to Section 120.68, Florida Statutes. (b) In a Section 120.57(1)

Strange v. School Board of Citrus County

471 So. 2d 90, 10 Fla. L. Weekly 1296, 1985 Fla. App. LEXIS 14582, 25 Educ. L. Rep. 1300

District Court of Appeal of Florida | Filed: May 23, 1985 | Docket: 64612652

Published

have jurisdiction. Art. V, § 4(b)(1) Fla. Const.; § 120.68, Fla.Stat. (1983). Her points on appeal are that

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

nevertheless prohibited from reweighing the evidence. Section 120.68(10), Florida Statutes (1983). The findings

Godwin v. Department of Professional Regulation

461 So. 2d 226, 9 Fla. L. Weekly 2654, 1984 Fla. App. LEXIS 16341

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64608968

Published

supported by competent substantial evidence. See, Section 120.68(10), Florida Statutes (1983). There is evidence

Tallahassee Junior Academy v. Unemployment Appeals Commission

461 So. 2d 968, 9 Fla. L. Weekly 2576, 1984 Fla. App. LEXIS 16686

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64609152

Published

ZEHMER, Judge. We review, pursuant to section 120.68, Florida Statutes (1983), the final order of the

River Pines, Inc. v. Division of Florida Land Sales & Condominiums, State, Department of Business Regulation

459 So. 2d 1133, 9 Fla. L. Weekly 2454, 1984 Fla. App. LEXIS 15871

District Court of Appeal of Florida | Filed: Nov 20, 1984 | Docket: 64608481

Published

Transportation, 347 So.2d 1092 (Fla. 1st DCA 1977); Section 120.68(6) Florida Statutes (1983). Reversed and remanded

P.R. of Brevard County, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

454 So. 2d 74, 9 Fla. L. Weekly 1795, 1984 Fla. App. LEXIS 14685

District Court of Appeal of Florida | Filed: Aug 16, 1984 | Docket: 64606368

Published

concurs. COWART, J., dissents with opinion. . § 120.68(1), Fla. Stat. (1983) and Fla.R.App.P. 9.100.

Gershanik v. Department of Professional Regulation, Board of Medical Examiners

458 So. 2d 302, 9 Fla. L. Weekly 1732, 1984 Fla. App. LEXIS 14576

District Court of Appeal of Florida | Filed: Aug 7, 1984 | Docket: 64607796

Published

appeal ensued. Our role is clear. According to section 120.68(10), Florida Statutes (1981), this court may

State Department of Banking & Finance ex rel. Lewis v. Standard Federal Savings & Loan Ass'n

452 So. 2d 105, 1984 Fla. App. LEXIS 13318

District Court of Appeal of Florida | Filed: May 31, 1984 | Docket: 64605627

Published

seek an injunction from, this court, citing to Section 120.68, Florida Statutes (1983) and to Key Haven Associated

Martines v. Florida Parole & Probation Commission

448 So. 2d 637, 1984 Fla. App. LEXIS 12864

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 64604243

Published

a consolidation of four appeals pursuant to section 120.68, Florida Statutes (1981), of Florida Parole

State, Department of Environmental Regulation v. Brown

449 So. 2d 908, 1984 Fla. App. LEXIS 12735

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 64604542

Published

We distinguish Webb because it involved a Section 120.68 review which was limited to a determination

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

unlike Falls Chase, this is a conventional section 120.68 appeal from DER’s order entered after section

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

unlike Falls Chase, this is a conventional section 120.68 appeal from DER’s order entered after section

Department of Health & Rehabilitative Services v. Career Service Commission

448 So. 2d 18, 1984 Fla. App. LEXIS 12255

District Court of Appeal of Florida | Filed: Mar 16, 1984 | Docket: 64604038

Published

the order to be reviewed.1 Review pursuant to Section 120.68(1) would also have provided an appropriate

Holder v. Department of Labor & Employment Security, State, Unemployment Appeals Commission

447 So. 2d 330, 1984 Fla. App. LEXIS 11896

District Court of Appeal of Florida | Filed: Feb 24, 1984 | Docket: 64603689

Published

competent, substantial evidence in the record. § 120.68(10), Fla.Stat. (1981). HOBSON, A.C.J., and RYDER

North Broward Hospital District v. Humana of Florida, Inc.

444 So. 2d 594, 1984 Fla. App. LEXIS 11706

District Court of Appeal of Florida | Filed: Feb 6, 1984 | Docket: 64602469

Published

article V, section 4(b), Florida Constitution; section 120.68(1), Florida Statutes (1981); and rule 9.100

Department of Business Regulation, Division of Alcoholic Beverages & Tobacco v. Garcia

446 So. 2d 167, 1984 Fla. App. LEXIS 11575

District Court of Appeal of Florida | Filed: Feb 1, 1984 | Docket: 64603262

Published

requested an automatic stay of the revocation under section 120.68(3), Florida Statutes (1981). This court denied

Department of Professional Regulation v. Smith

451 So. 2d 872, 1984 Fla. App. LEXIS 11697

District Court of Appeal of Florida | Filed: Jan 26, 1984 | Docket: 64605436

Published

administrative action. Neither these two rules nor section 120.68(1), Florida Statutes (1981); empowers this

Hialeah, Inc. v. State Department of Business Regulation, Division of Pari-Mutuel Wagering

442 So. 2d 1120, 1983 Fla. App. LEXIS 25436

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 64601858

Published

mandamus is treated as one seeking review, Section 120.-68(1), Florida Statutes (1981), of the final decision

Wenz v. Board of Trustees of Brevard Community College

439 So. 2d 264, 14 Educ. L. Rep. 410, 1983 Fla. App. LEXIS 24574

District Court of Appeal of Florida | Filed: Sep 15, 1983 | Docket: 64600190

Published

action” and thus we have jurisdiction under Section 120.68(1), Florida Statutes (1981). This is not a

Garner v. State Commission on Ethics

439 So. 2d 894, 1983 Fla. App. LEXIS 21705

District Court of Appeal of Florida | Filed: Sep 14, 1983 | Docket: 64600272

Published

result of that lack of cooperation. Pursuant to section 120.68, Florida Statutes (1981), we have reviewed

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

the action so as to call for a remand under Section 120.68(8), Florida Statutes. See, also, City of Punta

Department of Corrections v. Farmer

436 So. 2d 344, 1983 Fla. App. LEXIS 20124

District Court of Appeal of Florida | Filed: Aug 12, 1983 | Docket: 64599088

Published

Department’s order of dismissal must be reinstated. Section 120.68(13), Florida Statutes (1981). The orders of

Lobo v. Florida Parole & Probation Commission

433 So. 2d 622, 1983 Fla. App. LEXIS 20091

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 64597842

Published

violation of a constitutional or statutory provision. § 120.68(12), Fla.Stat. (1981). Petitioner also claims

Library Lounge, Inc. v. Division of Alcoholic Beverages & Tobacco

447 So. 2d 226, 1983 Fla. App. LEXIS 26404

District Court of Appeal of Florida | Filed: Jun 3, 1983 | Docket: 64603649

Published

Regulation, 411 So.2d 276 (Fla. 3d DCA 1982); § 120.68(10) and § 120.68(12), Fla.Stat. (1979). OTT, C.J., and

Palesky v. Gunter

432 So. 2d 651, 1983 Fla. App. LEXIS 19543

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597409

Published

non-final administrative action, pursuant to Section 120.68, Florida Statutes. Petitioner seeks review

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

kind of agency action is appropriate under section 120.-68(1), Florida Statutes (1981). The point here

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

participated in the diversion of drugs to his wife. . § 120.68(10), Fla.Stat. (1981).' . At the oral argument

Hunter v. Department of Professional Regulation, Florida Real Estate Commission

436 So. 2d 166, 1983 Fla. App. LEXIS 22624

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 64598990

Published

Commission v. Webb, 367 So.2d 201 (Fla.1978), and section 120.68(10), Florida Statutes (1981). HOBSON, A.C.J

Boedy v. Department of Professional Regulation

428 So. 2d 758, 1983 Fla. App. LEXIS 18939

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 64595882

Published

of non-final agency action, Fla.R.App.P. 9.100, § 120.68(1), Fla.Stat. (1981), consisting of a DOAH hearing

World Bank v. Lewis

425 So. 2d 77, 1982 Fla. App. LEXIS 21915

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 64594627

Published

parties, should be measured by the provisions of section 120.68(8) and will depend upon whether the fairness

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

which is appealable as of right pursuant to section 120.68.1 In explicit terms, *966section 120.57 “shall

Cohn v. Zoning Board of Appeals

420 So. 2d 403, 1982 Fla. App. LEXIS 21741

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 64592551

Published

jurisdiction is conferred on this court by Section 120.68(2), Florida Statutes (1981). That statute applies

Arahill v. Dade County School Board

420 So. 2d 385, 1982 Fla. App. LEXIS 29068

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 64592537

Published

Ribbon Laundry, 161 So.2d 532, 535 (Fla.1964); § 120.68(14), Fla.Stat. (1981).

Arlotta v. Florida Parole & Probation Commission

419 So. 2d 1159, 1982 Fla. App. LEXIS 21334

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 64592246

Published

appellee’s motion to strike appellant’s appendix. Section 120.68(5)(c), Fla.Stat. (1981), dictates that the

Gateway Hospital Corp., East v. Department of Health & Rehabilitative Services

420 So. 2d 337, 1982 Fla. App. LEXIS 21335

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 64592511

Published

supported by competent, substantial evidence. § 120.68(12), Fla.Stat. AFFIRMED. BOOTH and WENTWORTH,

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

before us on administrative appeal pursuant to Section 120.68, Florida Statutes, and grounded upon the failure

West Florida Hospital v. Department of Health & Rehabilitative Services

417 So. 2d 1076, 1982 Fla. App. LEXIS 28635

District Court of Appeal of Florida | Filed: Jul 29, 1982 | Docket: 64591623

Published

agency action will provide an adequate remedy. Section 120.68(1), Florida Statutes (1981). ROBERT P. SMITH

McClain v. FLA. PAROLE & PROBATION COM'N

416 So. 2d 1209

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1225284

Published

Appellant McClain seeks judicial review, pursuant to § 120.68, Fla. Stat. (1981), of *1210 the Florida Parole

Cushing v. Department of Professional Regulation, Board of Dentistry

416 So. 2d 1197, 1982 Fla. App. LEXIS 20533

District Court of Appeal of Florida | Filed: Jul 6, 1982 | Docket: 64591265

Published

DeGroot v. Sheffield, 95 So.2d 912 (Fla.1957); Section 120.68(10), Fla.Stat. (1979), nor the contention that

Cushing v. Department of Professional Regulation, Board of Dentistry

416 So. 2d 1197, 1982 Fla. App. LEXIS 20533

District Court of Appeal of Florida | Filed: Jul 6, 1982 | Docket: 64591265

Published

DeGroot v. Sheffield, 95 So.2d 912 (Fla.1957); Section 120.68(10), Fla.Stat. (1979), nor the contention that

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

the recommended order of the hearing officer. Section 120.68(9Xb), Florida Statutes (1979). Reversed and

Federman v. State, Department of Business Regulation, Division of Pari-Mutuel Wagering

414 So. 2d 28, 1982 Fla. App. LEXIS 20127

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 64590022

Published

supported by substantial, competent evidence. Section 120.68(10), Fla.Stat. (1979). Affirmed. . See Major

Ross v. Killarney Fire Department

414 So. 2d 16, 1982 Fla. App. LEXIS 20027

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 64590007

Published

decision within thirty days of its rendition. See § 120.68(2), Fla.Stat. (1979); Fla.R.App.P. 9.110. Appellant

Logan v. Florida Parole & Probation Commission

413 So. 2d 820, 1982 Fla. App. LEXIS 19934

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 64589847

Published

DCA 1981), holding that an appeal pursuant to § 120.68 may not be taken from the Commission’s final order

Logan v. Florida Parole & Probation Commission

413 So. 2d 820, 1982 Fla. App. LEXIS 19934

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 64589847

Published

DCA 1981), holding that an appeal pursuant to § 120.68 may not be taken from the Commission’s final order

Sullivan v. Division of Elections

413 So. 2d 109, 1982 Fla. App. LEXIS 19827

District Court of Appeal of Florida | Filed: Apr 21, 1982 | Docket: 64589589

Published

article V, section 4(b), Florida Constitution, section 120.68, Florida Statutes (1981), and the pertinent

City of Orlando v. Orlando Professional Fire Fighters, Local 1365

412 So. 2d 406, 1982 Fla. App. LEXIS 19711

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589245

Published

not constitute “final agency action” under section 120.68(1), Florida Statutes (1979). The City, while

Pierce v. Division of Retirement

410 So. 2d 669, 1982 Fla. App. LEXIS 19474

District Court of Appeal of Florida | Filed: Mar 10, 1982 | Docket: 64588312

Published

Department of Administration, State of Florida. Section 120.68(2), Florida Statutes (1981), provides for filing

Law v. Florida Parole & Probation Commission

411 So. 2d 1329, 1982 Fla. App. LEXIS 19385

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588980

Published

reviewing the PPRD once established, pursuant to § 120.68, Fla.Stat. (1981). See Daniels v. Florida Parole

19838 NW, Inc. v. Division of Alcoholic Beverage & Tobacco of the Department of Business Regulation

410 So. 2d 967, 1982 Fla. App. LEXIS 19370

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 64588388

Published

petition for automatic stay as provided in Section 120.68(3), Florida Statutes (1981). Second, the Division

2829 Corp. v. Division of Alcoholic Beverage & Tobacco of the Department of Business Regulation

410 So. 2d 539, 1982 Fla. App. LEXIS 19110

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 64588243

Published

petition for automatic stay as provided in Section 120.68(3), Florida Statutes (1981). Second, the Division

Department of Professional Regulation v. Fernandez-Lopez

407 So. 2d 286, 1981 Fla. App. LEXIS 21855

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 64586758

Published

that an adequate remedy is not provided by Section 120.68(2), Florida Statutes (1979). However, an exception

Hughes v. State, Office of the Comptroller

406 So. 2d 73, 1981 Fla. App. LEXIS 21663

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586216

Published

supported by competent substantial evidence. Section 120.68(10), Florida Statutes (1979). We are unable

Harness Racing, Inc. v. Rutledge

399 So. 2d 543, 1981 Fla. App. LEXIS 20188

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 64583082

Published

March 3, 1981, the date of hearing, we affirm. § 120.68(14), Fla.Stat. (1979).

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

penalty. § 120.57(l)(b)(9), Fla. Stat. (1979); § 120.68(10), Fla.Stat. (1979); § 474.214, Fla.Stat. (1979)

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

order of the agency to this Court pursuant to § 120.68. We disagree. The obvious legislative intent in

Bruner v. Board of Real Estate, Department of Professional Regulation

399 So. 2d 4, 1981 Fla. App. LEXIS 19382

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 64582911

Published

recommended order. We do not find any reversible error. § 120.68(8), Fla.Stat. (1979); Parekh v. Career Service

Department of Natural Resources v. Edrington

395 So. 2d 577, 1981 Fla. App. LEXIS 19828

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 64581133

Published

reviewable pursuant to chapter 120. In turn, Section 120.68(10) provides: If the agency’s action depends

Gentsch v. Florida Department of Labor & Unemployment Security

390 So. 2d 802, 1980 Fla. App. LEXIS 18165

District Court of Appeal of Florida | Filed: Dec 2, 1980 | Docket: 64579015

Published

that of the agency on disputed questions of fact. § 120.68(10), Fla.Stat. (1979); Andrus v. Florida Department

Corte v. Department of Administration, Career Service Commission

386 So. 2d 875, 1980 Fla. App. LEXIS 17339

District Court of Appeal of Florida | Filed: Aug 15, 1980 | Docket: 64577667

Published

finds that the agency has abused it discretion. Section 120.68(12), Florida Statutes; Florida Department of

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

We therefore remand under the authority of Section 120.68(6), Florida Statutes, for a fact-finding proceeding

Okaloosa Guidance Clinic, Inc. v. Davis

384 So. 2d 1336, 1980 Fla. App. LEXIS 17078

District Court of Appeal of Florida | Filed: Jun 25, 1980 | Docket: 64576838

Published

Council, 346 So.2d 598 (Fla. 1st D.C.A. 1977); § 120.68(10), Florida Statutes (Supp. 1978). The court’s

Marion County School Board v. Clark

384 So. 2d 1307, 1980 Fla. App. LEXIS 16383

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576831

Published

school system.” . § 231.36, Fla.Stat. (1977). . § 120.68, Fla.Stat. (Supp.1978).

Butterworth v. Public Employees Relations Commission

382 So. 2d 859, 1980 Fla. App. LEXIS 16002

District Court of Appeal of Florida | Filed: Apr 23, 1980 | Docket: 64575690

Published

Florida Appellate Rules 9.130 and 9.100 and Section 120.68, Florida Statutes (1979). Unquestionably we

Baxter v. Florida Career Service Commission

380 So. 2d 1044

District Court of Appeal of Florida | Filed: Apr 17, 1980 | Docket: 64574818

Published

810 (Fla. 1st DCA 1978) and Florida Statutes, § 120.68(13)(a), and attaches the affidavit of petitioner

Freeman v. School Board of Broward County

382 So. 2d 140, 1980 Fla. App. LEXIS 15889

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 64575478

Published

be any basis for judicial review pursuant to Section 120.68, Florida Statutes (1975). Appellant’s complaint

Wade Bradford Grove Service, Inc. v. Bowen Bros., Inc.

382 So. 2d 719, 1980 Fla. App. LEXIS 15637

District Court of Appeal of Florida | Filed: Feb 27, 1980 | Docket: 64575621

Published

unrebutted testimony. Therefore, pursuant to Section 120.68(10), Florida Statutes (1977), we hold that

Board of Regents v. Coffey

378 So. 2d 52, 1979 Fla. App. LEXIS 16220

District Court of Appeal of Florida | Filed: Dec 5, 1979 | Docket: 64573484

Published

We, therefore, do not disturb this finding. Section 120.68(10), Florida Statutes (1977), Fitzpatrick v

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

review of the final agency action pursuant to section 120.68, Florida Statutes (Supp.1978). Although during

Tampa Wholesale Liquors, Inc. v. Division of Alcoholic Beverages & Tobacco, Department of Business Regulation

376 So. 2d 1195, 1979 Fla. App. LEXIS 15673

District Court of Appeal of Florida | Filed: Oct 26, 1979 | Docket: 64572805

Published

Appellant’s argument is correct and, pursuant to Section 120.68, Florida Statutes (1978), we must set aside

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

Transp., 362 So.2d 346 (Fla.1st DCA 1978) and Section 120.68(8), Florida Statutes (1977). Reversed and remanded

Brown v. State

375 So. 2d 66, 1979 Fla. App. LEXIS 15557

District Court of Appeal of Florida | Filed: Sep 28, 1979 | Docket: 64571991

Published

review in a district court of appeal pursuant to Section 120.68, Florida Statutes (Supp.1978). This timely

Kasha v. Department of Legal Affairs

375 So. 2d 43, 1979 Fla. App. LEXIS 15810

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 64571976

Published

considered is outlined in Chapter 120 [see: Section 120.68, Florida Statutes (1977)]. Upon a review of

Department of Corrections v. Gandy

374 So. 2d 1081, 1979 Fla. App. LEXIS 15403

District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 64571895

Published

mail cannot invalidate dismissal action. See Section 120.68(8), Florida Statutes (1977); Florida Dept.

Times Publishing Co. v. Florida Department of Corrections

375 So. 2d 307, 1979 Fla. App. LEXIS 15414, 5 Media L. Rep. (BNA) 1861

District Court of Appeal of Florida | Filed: Aug 9, 1979 | Docket: 64572031

Published

(Fla. 1st DCA 1978). We have jurisdiction. Section 120.68(2). At issue is the adequacy of the Department’s

Sound Transportation Planning Coalition, Inc. v. Florida Department of Transportation

372 So. 2d 1176, 1979 Fla. App. LEXIS 15197

District Court of Appeal of Florida | Filed: Jul 18, 1979 | Docket: 64571098

Published

to STPC in reinstatement of the proceedings. Section 120.68(8), Florida Statutes (1977). A renewed application

Gabriel Communications Corp. v. State

370 So. 2d 866, 1979 Fla. App. LEXIS 15013

District Court of Appeal of Florida | Filed: May 17, 1979 | Docket: 64570115

Published

and is not otherwise shown to be erroneous. Section 120.68, Florida Statutes (1978 Supp.). One transaction

Woodworth v. Department of Education, Office of Blind Services

369 So. 2d 1040, 1979 Fla. App. LEXIS 14530

District Court of Appeal of Florida | Filed: Apr 25, 1979 | Docket: 64569724

Published

Our scope of review is limited and defined by Section 120.68, Florida Statutes (1977) and within those guidelines

City of North Miami v. Florida Department of Labor

369 So. 2d 1030, 1979 Fla. App. LEXIS 21062

District Court of Appeal of Florida | Filed: Apr 24, 1979 | Docket: 64569718

Published

Commission, 154 So.2d 334 (Fla. 3d DCA 1963); § 120.-68(10), Fla.Stat. (1977); and Fla.Admin. Code Rule

Shablowski v. State, Department of Environmental Regulation

370 So. 2d 50, 1979 Fla. App. LEXIS 14891

District Court of Appeal of Florida | Filed: Apr 17, 1979 | Docket: 64569898

Published

the range of discretion delegated to it by law, § 120.68(12), interpreted § 253.124 as requiring a showing

Gadsden State Bank v. Department of Banking

369 So. 2d 375, 1979 Fla. App. LEXIS 14398

District Court of Appeal of Florida | Filed: Mar 27, 1979 | Docket: 64569465

Published

competent substantial evidence in the record.” § 120.68(8) and (10) Fla.Stat. (1977). Appellant’s remaining

Fox v. Florida State Board of Osteopathic Medical Examiners

366 So. 2d 515, 1979 Fla. App. LEXIS 14082

District Court of Appeal of Florida | Filed: Jan 23, 1979 | Docket: 64568061

Published

has been made against petitioner. Pursuant to F.S. 120.68 this case is remanded for further proceedings

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

transcript available “at no more than actual cost”. F.S. 120.68(2) requires, inter alia, that “Review proceedings

Talbott & Drake, Inc. v. Florida Real Estate Commission

370 So. 2d 1153, 1978 Fla. App. LEXIS 16464

District Court of Appeal of Florida | Filed: Oct 11, 1978 | Docket: 64570167

Published

subject to review by common law certiorari. Section 120.68, Florida Statutes (1977). Accordingly, the

State ex rel. Sarasota County v. Boyer

360 So. 2d 388, 1978 Fla. LEXIS 4826

Supreme Court of Florida | Filed: May 31, 1978 | Docket: 64565231

Published

final decision provides an adequate remedy. See Section 120.68, Florida Statutes.) The second was that the

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

1977). This court has jurisdiction pursuant to Section 120.68(1) and Fla.R.App.P. 9.100. Fiat Motors of North

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

correctness of the action taken by the agency. Section 120.-68(8). The prayer of the petition for review is

Kuster Enterprises, Inc. v. State, Department of Transportation

357 So. 2d 794, 1978 Fla. App. LEXIS 15788

District Court of Appeal of Florida | Filed: Apr 28, 1978 | Docket: 64564009

Published

for further action not inconsistent herewith. Section 120.68(12)(c). IT IS SO ORDERED. MILLS, Acting C.

Redwing Carriers, Inc. v. Mayo

357 So. 2d 722, 1978 Fla. LEXIS 4776

Supreme Court of Florida | Filed: Apr 5, 1978 | Docket: 64563974

Published

chemicals in bulk from points in Broward County. Section 120.68(10), Florida Statutes (1975). The Commission’s

Fiat Motors of North America, Inc. v. Calvin

356 So. 2d 908, 1978 Fla. App. LEXIS 15561

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 64563588

Published

petition for review of preliminary agency action, Section 120.68(1), Florida Statutes (1977), Fiat Motors of

First National Bank of Miramar v. Lewis

355 So. 2d 869, 1978 Fla. App. LEXIS 15442

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 64563173

Published

Department’s order pending our review of the merits. Section 120.68, Florida Statutes (Supp.1976). Petitioner,

State ex rel. Florida Department of Natural Resources v. District Court of Appeal of Florida

355 So. 2d 772, 1978 Fla. LEXIS 4688

Supreme Court of Florida | Filed: Feb 16, 1978 | Docket: 64563121

Published

petition for review of final agency action under Section 120.68(2), Florida Statutes (1975). That petition

Leonard v. Department of Administration, Division of Retirement

352 So. 2d 1273, 1977 Fla. App. LEXIS 17159

District Court of Appeal of Florida | Filed: Dec 22, 1977 | Docket: 64561811

Published

action under a correct interpretation of law. Section 120.68(9)(b). MILLS, Acting C. J., and SMITH and ERVIN

Carlton v. State, Division of Occupations, Department of Professional & Occupational Regulation, Florida Real Estate Commission

354 So. 2d 77, 1977 Fla. App. LEXIS 17283

District Court of Appeal of Florida | Filed: Nov 23, 1977 | Docket: 64562364

Published

petition should be granted. We now determine that Section 120.68(12); Florida Statutes (Supp.1976), prohibits

Walker v. State, Department of Transportation

352 So. 2d 126, 1977 Fla. App. LEXIS 17074

District Court of Appeal of Florida | Filed: Nov 18, 1977 | Docket: 64561409

Published

proceedings or the correctness of the action. Section 120.68(7), Florida Statutes (Supp.1976). No other

Trombley v. Florida Real Estate Commission

356 So. 2d 813, 1977 Fla. App. LEXIS 16448

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 64563555

Published

STAY Pursuant to the authority contained in Section 120.68(3), Florida Statutes (1975), the petitioner

Property Appraisal Adjustment Board v. Florida Department of Revenue

349 So. 2d 804, 1977 Fla. App. LEXIS 16380

District Court of Appeal of Florida | Filed: Sep 9, 1977 | Docket: 64560081

Published

has adversely affected the Adjustment Board. Section 120.-68, Florida Statutes (1975). We do not pass on

Winslow v. Department of Professional & Occupational Regulation

348 So. 2d 352, 1977 Fla. App. LEXIS 16304

District Court of Appeal of Florida | Filed: Jul 11, 1977 | Docket: 64559592

Published

review of administrative action as provided by Section 120.68, Florida Statutes (Supp.1976). Petitioner raises

Motor New Yorker, Inc. v. Division of Hotels & Restaurants

347 So. 2d 818, 1977 Fla. App. LEXIS 16193

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 64559373

Published

PER CURIAM. This is a petition pursuant to Section 120.68(3), Florida Statutes (1975), which we are treating

School Board of Marion County v. Florida Public Employees Relations Commission

341 So. 2d 819, 94 L.R.R.M. (BNA) 2649, 1977 Fla. App. LEXIS 15150

District Court of Appeal of Florida | Filed: Jan 25, 1977 | Docket: 64556760

Published

remedy is provided by interlocutory review under Section 120.68, Florida Statutes (Supp. 1976), we consider

Dairy Service Corp. v. State, Department of Citrus

340 So. 2d 1223, 1976 Fla. App. LEXIS 15825

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 64556522

Published

petition, then, as one which seeks review, under F.S § 120.68(2), of the “final agency action” taken, as I believe

Health Facilities Research Inc. v. Bureau of Community Medical Facilities of the Division of Planning & Evaluation of the Department of Health & Rehabilitative Services

340 So. 2d 125, 1976 Fla. App. LEXIS 16039

District Court of Appeal of Florida | Filed: Dec 14, 1976 | Docket: 64556204

Published

MOTION TO DISMISS MILLS, Judge. Pursuant to Section 120.68, Florida Statutes, 1975, petitioners seek review

Lewis v. Planned Financial Services Inc.

340 So. 2d 941, 1976 Fla. App. LEXIS 16094

District Court of Appeal of Florida | Filed: Nov 26, 1976 | Docket: 64556412

Published

provisions of Article V, Section 4(b)(2) and of Section 120.68, Florida Statutes (1975), and jurisdiction

Pasco County School Board v. Public Employees Relations Commission

336 So. 2d 483, 1976 Fla. App. LEXIS 15350

District Court of Appeal of Florida | Filed: Aug 23, 1976 | Docket: 64554772

Published

grounds that same are not within the purview of Section 120.68(5), Florida Statutes (1975). We agree. The

School Board of Sarasota County v. Florida Public Employees Relations Commission

333 So. 2d 95, 92 L.R.R.M. (BNA) 3712, 1976 Fla. App. LEXIS 14507

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 64553967

Published

action subject to judicial review under Fla.Stat. § 120.68 *96(1975). The City of Panama City, Florida v

Ziers v. Purdy

324 So. 2d 132, 1975 Fla. App. LEXIS 19022

District Court of Appeal of Florida | Filed: Dec 2, 1975 | Docket: 64551433

Published

for writ of certiorari filed herein pursuant to § 120.68, Fla.Stat., fails to conform to the applicable

Morgan Drive Away of Florida, Inc. v. Florida Public Service Commission

313 So. 2d 690, 1975 Fla. LEXIS 3321

Supreme Court of Florida | Filed: May 21, 1975 | Docket: 64546933

Published

fact developed before a hearing examiner. .Section 120.68, Fla.Stat. (1974).