Florida/Georgia Personal Injury & Workers Compensation

...[6] Meaning the expression of one term implies the exclusion of other terms not mentioned. [7] The PSC's order reserved jurisdiction to consider awarding attorney's fees. The City has requested the Court review the PSC's authority to issue attorney's fees under section 120.69(1)(a), Florida Statutes (1997)....

...cept of a final "order" as defined in section 120.52(9). One is that an order may not be judicially reviewed until it satisfies section 120.52(9). § 366.072, Fla. Stat. (Supp. 1980). The other is that the agency's decision may not be enforced under section 120.69 until it is reduced to written form and filed under section 120.52(9)....

...tment of Corrections (DOC). 4 Appellant, Louie Wainwright, Director of the DOC, refused to reinstate Casines arguing that the CSC's reinstatement order was directed to the FPPC, and not to the DOC. 7 On March 21, 1978, pursuant to Fla.Stat.Ann. Sec. 120.69 (West 1982), Casines commenced an action in a state circuit (trial) court seeking enforcement of the CSC order and backpay....

...110.061 creates a cause of action for damages or that it provides a basis for a section 1983 action. Therefore, we hold that the violation of section 110.061 does not deprive appellants Murchek, Ware, Walden, and Abbey of qualified immunity. 10 II. Post-Termination Claim 36 On March 21, 1978, pursuant to Fla.Stat.Ann. Sec. 120.69 (West 1982), Casines petitioned a state circuit court for enforcement of the CSC reinstatement order....

...11 37 Wainwright asserts that the state action will resolve Casines's post-termination claim and afford Casines complete relief. 12 Therefore, Wainwright argues, the district court should have abstained from entertaining Casines's section 1983 claim for reinstatement. In the alternative, Wainwright argues that section 120.69 provides Casines with an adequate state remedy for redress of the alleged post-termination due process violation; therefore, this issue is controlled by Parratt v....

...First, Casines argues that Wainwright's action cannot be characterized as "random and unauthorized." She argues that, as the director of a state agency, Wainwright's actions in refusing to reinstate her constitute state policy and are more akin to an "established state procedure." Second, Casines contends that section 120.69 does not provide her an adequate post-deprivation remedy because, although it provides for declaratory and injunctive relief, it does not provide for damages. Monetary relief is limited to a mere maximum fine of $1,000. See Fla.Stat.Ann. Sec. 120.69(2)....

...at 805 , 102 S.Ct. at 2731. The plaintiff's section 1983 action in Thiboutot sought damages for violation of 42 U.S.C.A. Sec. 602 (a)(7) (West Supp.1985). Casines's section 1983 action does not seek damages for violation of any federal statutory rights 11 Section 120.69 provides: (1) Except as otherwise provided by statute: .......

...Section 120.68 grants judicial power, on review of agency action, to decide "the rights, privileges, obligations, requirements, or procedures at issue between the parties," and "to provide whatever relief is appropriate," whether "mandatory, prohibitory, or declaratory in form." Section 120.68(13)(a). See also Section 120.69(1)(b)....

...120.574 which is not a rule, and which is not excepted from the definition of a rule." § 120.52(7), Fla. Stat. (Supp.1996). Effecting a denial of retirement benefits, the dismissal affected the petitioner's substantial interests within the meaning of section 120.69, Florida Statutes (Supp.1996) and disposed of the case before the State Retirement Commission....

...Florida Statutes (1979), as there was a complete absence of justiciable issues of law raised by the losing party with regard to those counts of the complaint. Appellant further contends the trial court should have awarded her an attorney's fee under Section 120.69(7), which provides for the prevailing party in a petition for enforcement to recover the costs of the litigation and a reasonable attorney's fee, and under Section 448.08 which provides for successful litigants in actions for unpaid wages to recover costs of the action and a reasonable attorney's fee....

...he circuit court. Section *128 120.565 expressly states that a declaratory statement is final agency action. As final agency action, the statement could then be enforced by either the agency or a substantially interested person in the circuit court. Section 120.69(1), Florida Statutes. Section 120.69(2) provides the following remedies: A petition for enforcement may request declaratory relief; temporary or permanent equitable relief, any fine, forfeiture, penalty, or other remedy provided by statute; any combination of the foregoin...

...If a determination is made by the Division that the claimant was wrongfully discharged, and the employer fails to redress that wrong, the claimant could then petition the circuit court for an order enforcing the deputy's determination and request also the wide variety of remedies provided by Section 120.69(2)....

...Almandinger, 603 So.2d 666 (Fla. 4th DCA 1992) (reversing to allow third-party claim for indemnity based on "or may be" language of Rule 1.180); Century Utils., Inc. v. Palm Beach County, 458 So.2d 1178, 1180 (Fla. 4th DCA 1984) (allowing a third-party claim in section 120.69 administrative proceeding because "the judicial system can only benefit from a combination of the actions, leading toward consistency in determinations and efficiency in the use of court time and resources")....

...provides the exclusive method for the enforcement of a discovery order, even when, as in the instant case, the order is entered after the hearing has begun. The method specified is filing a petition for the enforcement in circuit court, pursuant to § 120.69, Fla....

...forcement of a ruling on an evidentiary matter. If a party fails or refuses to comply with an order of the hearing officer or a lawfully issued process, the Department can immediately make application to the circuit court for enforcement pursuant to § 120.69(4), Fla....

...However, the law does not prohibit the completion of as much of the hearing as possible prior to such application in the circuit court, if this would be more convenient or expeditious. At that time, the Department may promptly apply to the circuit court for enforcement pursuant to § 120.69(4)....

...Gardner, the State Attorney for the Twelfth Judicial Circuit, seeks review of an order dismissing his independently initiated [1] complaint for damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition for enforcement of agency action filed pursuant to section 120.69(1)(a), Florida Statutes (1981) (complaint/petition)....

...t authority to commence, in his appropriate judicial circuit and on behalf of the state, a civil action for damages and penalties under section 403.141(1) and/or institute an administrative action to enforce DER's related rules and regulations under section 120.69(1)(a)....

...t in Sarasota County. Appellant alleged: (1) section 27.02, Florida Statutes (1981), [3] when read in conjunction with article V, section 17, Florida Constitution (1968), [4] gave him authority to file the civil action for damages and penalties, and section 120.69(1)(a) gave him authority to file the alternative petition for enforcement because a state attorney is "an agency" under section 120.52(1)(b); (2) GDC, a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapter 40...

...The letter actually requested that DER treat the suit as one brought pursuant to section 403.412, Florida Statutes (1981). [7] However, during the hearing on GDC's motions, appellant admitted that he was not proceeding under either section 403.412 with respect to the complaint for civil damages and penalties or section 120.69(1)(b), Florida Statutes (1981), [8] with respect to the administrative action....

...In that order, the court specifically ruled: (1) section 27.02 is merely enabling legislation for article V, section 17 of the Florida Constitution and simply "authorizes a state attorney to bring criminal and civil actions, but does not give special authority to bring an action [pursuant to section 403.141(1)]," and (2) section 120.69(1)(a) does not authorize a state attorney to bring a petition for enforcement of agency action because a state attorney is not included within the narrow definition of "agency" as set forth in section 120.52(1)(b)....

...dicial circuit and on behalf of the state a civil action for damages and penalties pursuant to section 403.141(1) for alleged violations of section 403.161(1) occurring in his circuit, and (2) whether a state attorney has independent authority under section 120.69(1)(a) to similarly institute a petition for enforcement to ensure compliance of certain rules and regulations promulgated by DER with respect to Chapter 403 which allegedly are not being enforced by the department itself....

...ng a section 403.141(1) civil action, we resist the invitation to legislate and thus will not grant that authority. [20] The trial court was correct in ultimately ruling appellant lacked standing to institute the complaint for damages and penalties. SECTION 120.69(1)(a) PETITION FOR ENFORCEMENT OF AGENCY ACTION As noted previously, appellant also contends he has standing to independently initiate on behalf of the state a section 120.69(1)(a) action to enforce rules and regulations adopted and promulgated by DER in accordance with the provisions of Part I, Chapter 403....

...In order to reach his conclusion, he first argues that he is an "agency" within the "[e]ach other state officer" language of section 120.52(1)(b). He then argues that as an agency he can enforce DER's rules and regulations in accordance with the "[a]ny agency" language of section 120.69(1)(a)....

...Although this rationale seems meritorious on its face at first blush, the interpretation proffered by appellant is inapposite to the rules of statutory construction, common sense, and the legislative intent behind the law. The Relevant Statutory Provisions With respect to enforcement of agency action, section 120.69(1)(a), excluding the "except as otherwise provided" clause (which is not applicable here), states: "Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit court wh...

...e a state attorney, whose jurisdiction is limited to a localized judicial circuit. [27] Even assuming that appellant had been able to show that he is an "agency" within the meaning of section 120.52(1)(b), he still would not have any authority under section 120.69(1)(a) to institute a petition for enforcement of DER's rules and regulations. Under section 120.69(1)(a), only DER, the agency specifically designated by the legislature responsible for adopting and enforcing the rules and regulations allegedly violated in this case, has standing to file an action under that section....

...[28] See also England and Levinson, § 1602, p. 2 (1979 ed.) ("any agency may seek enforcement of its action by filing a petition in the circuit court where the subject matter of the enforcement is located.") (Emphasis supplied). Therefore, we hold only DER can sue under section 120.69(1)(a)....

...[29] CONCLUSION Accordingly, we agree with the trial court's ultimate rulings and hold that a state attorney has no standing to independently initiate a section 403.141(1) civil action for damages and penalties against an alleged violator of Chapter 403, and a state attorney has no standing under section 120.69(1)(a) to file a petition for enforcement of the rules and regulations promulgated by DER in relation to Chapter 403....

...of "primary jurisdiction." Compare United States v. Western Pacific Railroad Co., 352 U.S. 59, 77 S.Ct. 161, 1 L.Ed.2d 126 (1956) with Far East Conference v. United States, 342 U.S. 570, 72 S.Ct. 492, 96 L.Ed. 576 (1952); State ex rel. Shevin. [21] Section 120.69(2) provides: A petition for enforcement may request declaratory relief; temporary or permanent equitable relief; any fine, forfeiture, penalty, or other remedy provided by statute; any combination of the foregoing; or, in the absence of any other specific statutory authority, a fine not to exceed $1,000....

...relevance of the Law Revision Council's draft statutes and accompanying commentary" as extrinsic aids to interpreting the 1974 revision of the APA. In re Advisory Opinion at 562. [29] We express no opinion as to whether appellant has standing under section 120.69(1)(b).

...Watry, of Parker, Hudson, Ranier & Dobbs, Atlanta, Ga., for appellee/Medical Personnel Pool, Inc. *705 NIMMONS, Judge. This is an appeal from a final order of the circuit court dismissing with prejudice Gulf Coast's Amended Petition to Enforce Final Order pursuant to Section 120.69, Florida Statutes, and Amended Complaint for Declaratory Judgment and Injunctive Relief....

...he filing of a Petition to Determine Invalidity of Unpromulgated Rule under Section 120.56, Florida Statutes (1985). On the same day, Gulf Coast joined in the initiation of the necessary predicate to a petition for enforcement of agency action under Section 120.69, Florida Statutes (1985), by notifying the Attorney General, the Secretary of HRS, and the Director of DOAH that HRS was continuing to apply the invalid rule. On July 17, 1986, pursuant to Section 120.69, Gulf Coast filed a petition to enforce final order in the circuit court....

...The complaint sought a declaration that HRS lacked statutory authority to deregulate Medicare home health services and requested the court to enjoin HRS from giving effect to its invalid deregulation policy through the issuance of unnecessary and unwarranted certificates of need. The circuit court consolidated the Section 120.69 enforcement action and the declaratory judgment/injunction action....

...Gulf Coast's pleadings were amended to reflect that Gulf Coast did not seek to interfere with CONs which had already become final. On August 12, 1986, the trial court entered the appealed order dismissing with prejudice both the amended petition under Section 120.69 and the amended complaint for declaratory and injunctive relief....

...See Communities Financial Corp. v. Florida Department of Environmental Regulation, 416 So.2d 813 (Fla. 1st DCA 1982). It is apparent that appellants have not exhausted their administrative remedies. Accordingly, the circuit court's order dismissing appellant's Section 120.69 enforcement action and the declaratory judgment/injunctive action is AFFIRMED....

...BO-231, BP-17, and BP-39. Sandra P. Stockwell of Culpepper, Pelham, Turner & Mannheimer, P.A., Tallahassee, for HRS in No. BO-456. ON MOTIONS FOR JUDICIAL NOTICE PER CURIAM. Gulf Coast Home Health Services, Inc., filed a petition in circuit court pursuant to section 120.69, Florida Statutes, to enforce agency action and a complaint for declaratory and injunctive relief....

...Eventually, the court also permitted several nearby residents to join the litigation as intervenors on one side or the other. In the final judgment we review today, the court denied the petition by Ocean Ridge and the others, as interested persons, to compel or enforce agency action under section 120.69(1)(b)....

...In 1983, however, County subcontracted day-to-day operation of the plant back to the District. The return of operations to the District was subject to a proviso that County retained ultimate responsibility for compliance with the 1965 permit conditions. [6] See § 120.69(1)(b), Fla....

...And, as the hearing officer recognized in expressly disclaiming any determination as to appellants' riparian or private property rights, any such determination would not have been essential to the agency's ultimate resolution of the administrative action. *1136 On the second issue, § 120.69(5), Florida Statutes, provides that the defending party in a circuit court proceeding for the enforcement of agency action may assert certain specified defenses including "compliance." In the present case judgment as to the enforcement acti...

...In denying appellants' claim for enforcement the court expressed the opinion that DER's satisfaction is "conclusive" as to appellee's compliance with the administrative mandate. While "any substantially interested person" may bring an enforcement action pursuant to § 120.69, appellants' action is necessarily dependent upon a challenge to DER's determination that appellee complied with and satisfied the requirements of the restoration order....

...free-form final agency action. To the extent that appellants are dissatisfied with this agency decision, the proper procedure for a challenge thereto would appear to be a § 120.57 hearing request. Appellants have not pursued such relief and, since § 120.69 is available only for the enforcement of, rather than a challenge to, agency action, in the circumstances presented the court below was entitled to deem DER's satisfaction conclusive so as to establish appellee's compliance with the restoration order. Appellants claimed attorney's fees and costs pursuant to § 120.69, Florida Statutes. Section 120.69(7) provides that the court may award costs and fees, if appropriate, to the prevailing party upon a petition for enforcement of agency action. Appellants did not prevail on their enforcement claim, and we note that § 120.69(7) merely authorizes, and does not mandate, an award of costs and fees....

...While we believe Great American and the reasoning behind that decision is highly persuasive, we do not conclude that that decision is directly on point and, therefore, controlling. Tampa General construes Great American as holding that section 120.58(3) requires the resort to section 120.69 to enforce all orders of a hearing officer where there is an attempt to impose sanctions for violations of those orders. We do not construe Great American so broadly. We conclude that the resort to section 120.69 for enforcement of orders arising under section 120.58(3), as discussed in Great American, is limited to subpoenas or orders directing discovery. While section 120.69 also provides for enforcement of "agency action," the only resort to section 120.69 discussed in chapter 120 that involves imposing sanctions for violations of orders of hearing officers prior to "agency action," is that provided in section 120.58(3) and is limited, as we have heretofore concluded, to matters involving subpoenas or orders directing discovery....

...They also assign error to the 2.0 risk multiplier used to enhance the fee award. Appellate courts apply an abuse of discretion standard in reviewing a trial court's determination on the entitlement of attorney's fees. Gibbs Const. Co. v. S.L. Page Corp., 755 So.2d 787, 790 (Fla. 2d DCA 2000). Section 120.69(7), Florida Statutes (2000), authorizes the award of costs, reasonable attorney's fees, and expert witness fees to the prevailing party in enforcement actions "whenever the court determines that such an award is appropriate." *197 DOH prevailed in each of its claims following a nonjury trial in the underlying action. [1] Section 120.69(7) only requires that the moving party prevail and that the trial court determine that a fee award is "appropriate." § 120.69(7)....

...The final judgment on DOH's petition satisfies these requirements by granting the agency its requested relief, and by simply stating, "The [D]epartment is entitled to recover reasonable attorney's fees and costs against each of the defendants, pursuant to section 120.69(7) ...." This is sufficient to support the trial court's determination as to DOH's entitlement to fees, and we find no abuse of discretion....

...1st DCA 1981), we held that the Hearing Officer had no authority to impose sanctions, and that, under 120.58(3), Florida *1064 Statutes, [1] the exclusive method of enforcing a discovery order was to file a petition for enforcement in the circuit court, pursuant to section 120.69....

...he manner provided in the Florida Rules of Civil Procedure. Section 120.58(3) provided: An agency may seek enforcement of a subpoena or order directing discovery issued upon the authority of this act by filing a petition for enforcement, pursuant to s. 120.69, in the circuit court of the judicial circuit wherein the person failing to comply with the subpoena or order resides....

...subsequent to July 30, 2001, comply with all applicable provisions of Section 627.6699, Florida Statutes, as it may be amended, regarding offering and issuing basic and standard employer health benefit plans on a guaranteed-issue basis to eligible one-life groups. Violations of this Order are enforceable under Section 120.69, Florida Statutes....

DCA 1984) (allowing a third-party claim in section 120.69 administrative proceeding because “the judicial

...District Court of Appeal of Florida, First District. November 7, 1994. Karel Baarslag, Agency for Health Care Admin., Tallahassee, for appellant. R. Bruce McKibben, Jr., of Pennington & Haben, P.A., Tallahassee, for appellee. PER CURIAM. Leonard Cordes brought an action under section 120.69, Florida Statutes (1991), seeking to enforce a written settlement agreement he had with the Department of Health and Rehabilitative Services (the department)....

...es. With the exception of the attorney's fee award, we reject the department's contentions without elaboration. Cordes included a claim for attorney's fees in his petition for enforcement of agency action. Although attorney's fees are recoverable in section 120.69 proceedings, a notice requirement is imposed upon those seeking recovery of attorney's fees from the *610 state or an agency....

On March 21, 1978, pursuant to Fla.Stat. Ann. § 120.69 (West 1982), Casines commenced an action in a

...rights to equal protection of the law." The court accordingly ordered HRS to provide appellees with back contact pay, and to continue such pay "in a manner consistent with all other Institutional Security Specialists covered by the initial administrative order... ." Section 120.69(1)(b), Florida Statutes, establishes that a petition for enforcement of agency action may be filed by a "substantially interested" person....

...We therefore conclude that the court below erred in determining that appellees "were members of the class in the initial administrative proceeding," and since the stipulated order is without applicability to appellees they are not substantially interested persons authorized to bring a § 120.69 enforcement action....

“otherwise exists,” under general law, i.e., section 120.69, Florida Statutes (2009). This section, which

prosecuted the petition for enforcement pursuant to section 120.69, Florida Statutes (2010). In 2005, Adeeb applied

would subject appellant to the provisions of section 120.69, Florida Statutes (1981), the Division prepared

dismissing his action to enforce, pursuant to Section 120.69, Florida Statutes, an order entered by the

PER CURIAM. In a petition brought pursuant to Section 120.69, Florida Statutes (Supp.1984), to enforce a

action pursuant to a petition properly filed under § 120.69, Florida Statutes (1987), it is quite clear that

enforcement proceeding brought pursuant to Section 120.69, Florida Statutes (1983) to file a Third Party

[the Commission’s final order] pursuant to Section 120.69, Florida Statutes.” We disagree. There is no

§ 120.68, Fla. Stat. (1987) (judicial review); § 120.69, Fla. Stat. (1987) (enforcement of agency action);

enforcement of agency action filed pursuant to section 120.69(l)(a), Florida Statutes (1981) (complaint/petition)

present time based on changed circumstances. Section 120.69(3) provides that: After the Court has rendered

collateral attack in the circuit court. See Section 120.69(5), Florida Statutes (1979); State ex rel Department

qualified party seeking agency enforcement under section 120.69[, Florida Statutes]. Lastly, under Innkeepers

circuit court had jurisdiction pursuant to section 120.69, Florida Statutes (1981). That section provides

by the initial administrative order .... ” Section 120.69(l)(b), Florida Statutes, establishes that a

subject matter of the enforcement is located.” Section 120.69(1), Florida Statutes (1977). The Department’s

remedy the department sought was inappropriate. See § 120.69, Fla. Stat. (1995). In August 1992, the landfill

Division. On January 14, 1987, pursuant to section 120.69, the Division filed a pleading entitled *190“Petition

enforcement of a previous administrative order under section 120.69(l)(b)l, Florida Statutes (1995), the trial

appellee in the Leon County Circuit Court. Citing Section 120.69(l)(a), Florida Statutes, which provides that

for enforcement of agency action, pursuant to Section 120.69, Florida Statutes (1991). Miller sought enforcement

and additional means of enforcement through Section 120.69, however, there is no statutory authority for

filed a Petition for Enforcement, pursuant to section 120.69, Florida Statutes (1981) against the city,

condition precedent for attorney’s fees from section 120.69 proceedings in action by plaintiff against

of discretion delegated to the agency. In a Section 120.69(5) enforcement proceeding the court may find