Florida/Georgia Personal Injury & Workers Compensation

...." [4] While we are not entirely informed concerning the circuit court litigation, it apparently foreclosed reliance by the Comptroller on the 1961 APA, which continued to govern disposition of adjudicative proceedings pending before January 1, 1975, absent "the consent of all parties and the agency" to 1974 APA procedures. Section 120.72(2), Fla....

...lorida Statutes (1975), [5] the Administrative Procedure Act, the provisions of which govern the actions taken by the Division of State Planning and the Administration Commission under Chapter 380. Section 380.05(4) and (8), Florida Statutes (1975); Section 120.72, Florida Statutes (1975)....

...urt of appeal, whether a rule invalidly exercises validly delegated legislative authority or exercises invalidly delegated legislative authority. Compare Section 120.30, Florida Statutes (1973), with Section 120.56, Florida Statutes (Supp. 1974). By Section 120.72(1), the 1974 Act gave notice that the judicial remedies it provided were to be regarded as comprehensive and exclusive: "[I]t is the express intent of the legislature that the provisions of this act shall replace all other provisions in the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review ... ." (emphasis added). Section 120.72(1), Florida Statutes (Supp....

...rovides: "... it is the express intent of the legislature that the provisions of this act shall replace all other provisions in the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review ... ." Section 120.72(1), Florida Statutes (Supp....

...[9] The public records act, Chapter 119, and the public meetings act, Section 286.011, plainly authorize suits for injunction in circuit courts in lieu of administrative remedies. Chapter 75-191 made clear that those statutes should not be considered as replaced or repealed by Section 120.72(1) of the 1974 Act....

...are adjudicated by the agency having statutory supervision over the subject matter of the proceeding." Bay Nat'l Bank and Trust Co., supra, 229 So.2d at 306. [7] We held in Alford v. Duval County School Board, 324 So.2d 174 (Fla.1st DCA 1975), that § 120.72, Fla....

...begun under the 1961 Administrative Procedure Act before January 1, 1975, by directing reinstatement on motion before August 19, 1976, of actions seeking judicial review pursuant to any statute considered repealed or replaced by chapter 74-310. Sec. 120.72(2)(b), Fla....

...disciplinary confinement for 60 days and 180 days loss of gain-time. The hearing examiner found Rule 33-3.08(2) invalid for failure to meet the procedural guidelines set forth in Section 120.57, Florida Statutes (Supp. 1976). He concluded that since Section 120.72(1), Florida Statutes (Supp....

...released. [6] Section 106.23 does not require that the Secretary of State personally participate in the preparation of advisory opinions or that he review and approve an opinion before its release by the Division. Even if the statute did so require, section 120.72, Florida Statutes (1993), provides that an agency head can be recused in the event of a conflict of interest so as to allow the agency to act as required by law; however, no party has insisted on pursuing relief under that statute....

...tice of the rate proceeding, they cannot here complain that they did not avail themselves of the right to appear in the proceeding. (a) Applicability of new Act. The new Administrative Procedure Act generally became effective on January 1, 1975. [6] Section 120.72(2), Florida Statutes (1975), however, directs that Florida's former Administrative Procedure Act will govern "administrative adjudicative proceedings" begun prior to January 1, 1975 unless all parties agree to use the newer act....

...1975), we held that the quoted term derives its definition from the former act, and in particular from Part II of that Act. [7] Judicial review under the former act was controlled by Part III of that act. [8] In light of the narrow definition contained in Section 120.72(2) of the new act, and consistent with the legislative directive for implementation of almost all other provisions of the new act effective on January 1, 1975, it seems clear that the provision of the new act pertaining to judicial rev...

...On that basis, and because it would cause confusion to allow that order to remain outstanding in light of our disposition here, we also set aside Order No. 6990 on the authority of Section 120.68(9)(a), Florida Statutes (1975). ROBERTS, Acting C.J., and ADKINS, BOYD and SUNDBERG, JJ., concur. NOTES [1] Section 120.72(1), Fla....

...luntary annexation. It is so ordered. BOYD, SUNDBERG, HATCHETT and KARL, JJ., concur. ADKINS, Acting C.J., concurs in result only. NOTES [1] Art. V, § 3(b)(4), Fla. Const. [2] § 171.081, Fla. Stat. (1975). [3] Ch. 74-310, Laws of Florida, enacting § 120.72(1), Fla....

...t was without subject matter jurisdiction in the case. Of course, if this is so, the entire judgment is invalid. Therefore, this issue merits initial attention. It is appellants' position that the Administrative Procedure Act, in Sections 120.68 and 120.72, Florida Statutes (1975), provides that the sole method for review of final agency action is the filing of a petition for review in the District Court of Appeal....

...alidity of the action depends upon disputed facts, the court shall order the agency to conduct a prompt, fact-finding proceeding under this act after [having] a reasonable opportunity to reconsider its determination on the record of the proceedings. Section 120.72, dealing with the intent of the legislature in enacting the 1974 Administrative Procedure Act, provides: (1) The intent of the legislature in enacting this complete revision of chapter 120, Florida Statutes, is to make uniform the rule...

...We find no legislative intent to repeal impliedly section 380.07(2). In fact, we find that the legislature has declared that section 380.07(2) has a continuing vitality by virtue of Chapter 77-215, section 3, Laws of Florida, wherein section 380.07(2) was amended. The appellant cites Section 120.72(1)(a), Florida Statutes, as authority to bolster its argument that section 380.07(2) has been impliedly repealed. Section 120.72(1)(a) states: 120.72 Legislative intent; prior proceedings and rules; exception....

...We must decide whether the amended statute applies in the present case, so as to obviate any need for reversal and remand. On this point, the reviser's bill does not afford explicit guidance. Unlike the revision that took effect on October 1 of this year, the Administrative Procedure Act of 1974 had a specific provision—section 120.72—that addressed retroactivity or transitional issues arising in adjudicatory contexts. [6] But inconsistencies in the judicial interpretation of former section 120.72 seem to have reduced its effectiveness in assuring a smooth transition....

...Note: Where a proposed finding has been partially accepted, the remainder has been rejected as being unnecessary for a resolution of the issues, irrelevant, not supported by the more credible, persuasive evidence, subordinate, or a conclusion of law. [6] Subsection two of section 120.72, Florida Statutes (Supp.1974), provided: All administrative adjudicative proceedings begun prior to January 1, 1975 shall be continued to a conclusion under the provisions of the Florida Statutes, 1973, except that administrative adjud...

...rties and the agency conducting the proceeding, be conducted in accordance with the provisions of this act as nearly as is feasible. [7] In Lewis v. Judges of the First Dist. Court of Appeal, 322 So.2d 16 (Fla.1975), the supreme court applied former section 120.72, in granting prohibition to prevent appellate review of the comptroller's revocation of conditional approval orders that his predecessor in office had entered on applications for bank charters....

...ction in appropriate cases, prior law did not allow review until a final order had been entered. Even though the comptroller's interlocutory order was entered after the 1974 APA had taken effect, the court held that prior law controlled by virtue of section 120.72 and precluded judicial review....

...'s Administrative Procedure Act governs the Commissioner's acts. *19 Florida's current Administrative Procedure Act ("the new act") was enacted by 1974 Legislature to become effective (for most purposes) on January 1, 1975. [3] Section 3 of the Act (Section 120.72(2), Florida Statutes (1974)), provides for an orderly transition of administrative proceedings from the prior, repealed administrative procedure act ("the old act"), as follows: "(2) All administrative adjudicative proceedings begun pr...

...This more modern concept was fully embraced by the 1974 Legislature and built into the new act. [8] The Council's draft act, which was adopted with minor changes by the Florida House of Representatives on April 17, 1974, [9] contained no transition provision comparable to Section 120.72(2), Fla....

...of granting new bank charters, from initial application to final approval, was an "adjudication". [13] That process (in the technical language of the old act) was an "agency proceeding" to "grant" an "order" conferring a "form of permission". Under Section 120.72(2) of the new act, it follows that the bank charter applications of American and Mariner are to be continued to conclusion under, and governed by, the provisions of the old act....

...1974), reflecting the bills adopted by the House and Senate before conference. [11] Section 120.20, Fla. Stat. (1973). [12] Section 120.21(2), Fla. Stat. (1973). [13] Section 120.21, Fla. Stat. (1973). [14] The record before us indicates that the banks have not consented to apply the new act, as Section 120.72(2) allows. [15] See Section 120.72, Fla....

...A hearing examiner was appointed to hear the claim, and the hearing began on October 8, 1974. The Administrative Procedure Act enacted by Chapter 74-310, Laws of Florida (now Chapter 120, Florida Statutes, 1977) is not applicable to this proceeding. § 120.72(2)(a) of that statute provides as follows: "All administrative adjudicative proceedings conducted pursuant to any provision of the Florida Statutes which were begun prior to January 1, 1975, shall be continued to a conclusion, including jud...

...(1973)), and interim agency action under the file and suspend law. (It should be noted that the Act applicable to this proceeding was superseded by a completely revised set of administrative procedures as of January 1, 1975. Chapter 74-310, Laws of Florida. The new Act has no effect on this proceeding. Section 120.72(2), Fla....

...8 (1979 ed.) [25] refers to the other "executive officers" when discussing section 120.52(1)(b). A further point which clearly demonstrates why appellant's argument must fail involves the examination of legislative intent behind the enactment of the current version of the Florida APA. Section 120.72, Florida Statutes (1981), provides, inter alia: "The intent of the Legislature in *1084 enacting this complete revision of chapter 120 is to make uniform the rulemaking and adjudicative procedures used by the administrative agencies of...

...Fla. 440, 7 So.2d 797, said: "It is said that the later general Act will be presumed to have made an exception of the prior special one, unless the contrary clearly appears." *177 We now turn to the Legislative intent as expressed in the new A.P.A. Section 120.72(1) provides as follows: "The intent of the legislature in enacting this complete revision of chapter 120, Florida Statutes, is to make uniform the rulemaking and adjudicative procedures used by the administrative agencies of this state....

...A.P.A. "shall replace all other provisions of the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication or judicial review." (Emphasis supplied.) The only reference to intent of the new A.P.A. is the above quoted Section 120.72(1) and it is noted that such statement relates only to its replacement of general laws (Florida Statutes 1973)....

...er 120, Part III, Florida Statutes. Part III of the APA had dealt with judicial review of administrative orders and rules. In 1974, chapter 120, including part III, was repealed and replaced by a new chapter 120. See Chapter 74-310, Laws of Florida. Section 120.72, Florida Statutes (1975), makes uniform the procedures used by the administrative agencies of the state. More specifically: 120.72 Legislative intent; prior proceedings and rules; exception....

...pted pursuant to chapters 573 and 601. As chapter 67-1504, in creating the petitioner, incorporated the administrative procedures relating to judicial review which were then extant, the issue before this court is whether the legislature, in enacting section 120.72, intended for it to apply to the petitioner. This court takes the position that section 120.72 is a savings clause and does not apply to the petitioner. The legislature enacted section 120.72 "to replace all other provisions in the Florida Statutes 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review [of administrative action]." The statute, by its terms, does not apply to special acts of the legislature....

...The term "Florida Statutes 1973" is used to designate the official Florida Statutes of 1973 and contains only statutes of general and permanent nature. § 11.2421, Florida Statutes (1973). Hence, as the petitioner, HCEPC, was created by a special act, section 120.72 will not apply to it....

...re the effective date of the 1974 APA, a DOAH officer could not have done so without the parties' consent. There was no consent; therefore, the proceedings could only have been conducted in accordance with the procedure provided in the 1973 APA. See Section 120.72, Florida Statutes (Supp....

...Even though this provision has been repealed, the new Administrative Procedure Act directs that "administrative adjudicative proceedings begun prior to January 1, 1975, shall be continued to a conclusion under the provisions of the Florida Statutes, 1973 ..." Fla. Stat. § 120.72(2) (1974)....

...ion 231.36(4), Florida Statutes (1975). In rejecting this argument we hold that the notification requirements of Section 231.36(4) have been superseded by the provisions of the new Administrative Procedures Act, Chapter 120, Florida Statutes (1975). Section 120.72(1), Florida Statutes, provides: "The intent of the legislature in enacting this complete revision of chapter 120, Florida Statutes, is to make uniform the rulemaking and adjudicative procedures used by the administrative agencies of this state....

...S services were in the public interest. Therefore, we agree with the ruling of the hearing officer that Paragraph 7 cannot be classified as an interim rate order pursuant to Section 364.055(1) so as to be exempt from the requirements of the APA. See § 120.72(3), Florida Statutes (1987) (notwithstanding any provision of this chapter, all public utilities and companies regulated by the Commission shall be entitled to proceed under the interim rate provisions of chapter 364)....

...Moreover, the legislature clearly expressed an intent in revising the APA to make uniform the adjudicative procedures used by state administrative agencies by replacing other procedural schemes found in the Florida Statutes with the provisions of the APA. (F.S. (1974 Supp.) § 120.72(1)) An Agency may be exempted from the provisions of the APA only by express order of the Administration Commission and after a public hearing....

...(1974 Supp.) § 120.63) It is thus significant whether the instant proceeding should have been governed by the APA as it existed in 1973 or by the revised APA. The revised APA gives us an indication as to which version of the APA applies. F.S. (1974 Supp.) § 120.72(2) provides: "All administrative adjudicative proceedings begun prior to January 1, 1975, shall be continued to a conclusion under the provisions of the Florida Statutes, 1973, except that administrative adjudicatory proceedings which have...

...pursuant to the State University System Rules and Procedure Governing Faculty Grievances. We are of the view that the stipulation is of such character as to constitute the beginning of the administrative adjudicative process for the purpose of F.S. § 120.72(2)....

...§ 120.52(1)(b), Fla. Stat., and ultimately requested that the cause be transferred to this court. The circuit court found that the Board is not an agency as defined by § 120.52(1), nor within the purview of §§ 120.68(1),.68(2), Fla. Stat., that § 120.72(1)(a), Fla....

...NOTES [*] Moreover, as noted previously, the Department of Banking and Finance notified appellants in July, 1977, that their application would be processed pursuant to chapter 77-453. Appellants lodged no objection to the use of the amended procedures, thereby waiving any right to complain at this late stage. See also § 120.72(2)(a), Fla....

...ariff changes within thirty days. . As authorized by section 364.05(2), Florida Statutes (1987), the Commission had reduced the statutory notice period for tariff filings within the approved rate band to thirty days in its October 27, 1987, order. . Section 120.72(3), Florida Statutes (1989), states: (3) Notwithstanding any provision of this chapter, all public utilities and companies regulated by the Public Service Commission shall be entitled to proceed under the interim rate provisions of cha...

accordance with the Florida Appellate Rules. Fla.Stat. § 120.72(2) also effective January 1, 1975, however, provides

either by reason of all parties’ “consent” under Section 120.72(2) or because the proceeding was legally “commenced”

...Absent an express provision preempting the field, the court looked to the language of the general act and rather than finding any intent to repeal the special act provision it found an express provision to the contrary. The Administrative Procedure Act, § 120.72(1), provides that it is intended to replace all provisions in the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review (with certain exceptions not material here)....

...Section 320.642, Florida Statutes, or Rule 15C-1.08, Florida Administrative Code. Rule 1 SC-1.08 was not in effect at the time the license was issued because it was stricken from the files of the Department of State on October 1, 1975 in accord with Section 120.72(4) (a), Florida Statutes....

of the current version of the Florida APA. Section 120.-72, Florida Statutes (1981), provides, inter alia:

...To read the APA as applying to the Workmen's Compensation proceedings would render the contemporaneous and subsequent enactments inexplicable and futile. The repealer section of the APA offers no assistance since it affects only statutes in existence in 1973. Section 120.72(1), Florida Statutes (1975). The APA was adopted to make rule-making and adjudicative procedures uniform throughout state agencies. Section 120.72(1), Florida Statutes (1975)....

...tate unless express exceptions are made by statute. Judge Robert Smith has an excellent discussion of the judicial remedies afforded by chapter 120 in State ex rel. Department of General Services v. Willis, 344 So.2d 580, 586 (Fla. 1st DCA 1977): By Section 120.72(1), the 1974 Act gave notice that the judicial remedies it provided were to be regarded as comprehensive and exclusive: “[I]t is the express intent of the legislature that the provisions of this act shall replace all other provisions in the Florida Statutes, 1973, relating to rulemak-ing, agency orders, administrative adjudication, or judicial review .... ” (emphasis added). Section 120.72(1), Florida Statutes (Supp.1974) and (1975). In observing that section 120.72(1) replaced all other general statutes on judicial review, he also stated: Neither may it be supposed that, by enacting Chapter 75-191, the legislature preserved from repeal the baffling array of disparate statutes which, before the 19...

...provides: “... it is the express intent of the legislature that the provisions of this act shall replace all other provisions in the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review ...Section 120.72(1), Florida Statutes (Supp.1974), (1975) (emphasis added). Id. at 587-88 . To further emphasize its intention to make chapter 120 the exclusive remedy for review of agency actions, the legislature enacted chapter 78-95, Laws of Florida (1978), which further amended section 120.72 and added section 120.722. Section 120.72(1)(a) now provides as follows: The intent of the Legislature in enacting this complete revision of chapter 120 is to make uniform the rulemaking and adjudicative procedures used by the administrative agencies of this state....

...ers adopted pursuant to chapters 573 and 601. *672 Respondents argue that chapter 120 did not replace section 121.23(3) because section 121.23(3), though a part of Florida Statutes, 1977, was enacted in July, 1975 thus coming within the exception of section 120.72(1) as being “provided otherwise by law subsequent to January 1, 1975.” There are two reasons respondents’ argument is not valid. The first is that section 120.72(1) provides that the adjudicative procedures of chapter 120, i.e., 120.68(2), shall supersede all conflicting provisions in Florida Statutes, 1977, “unless expressly provided otherwise by law subsequent to January 1, 1975.” (Emphas...

...mplied or left to inference; as, an express commandment; hence, definite; clear; explicit; unmistakable; not dubious or ambiguous; as, express consent; express commands.” The second reason respondent’s argument is unpersuasive is the language of section 120.722(1) and (4): (1) The primary purpose of chapter 78-95, Laws of Florida, is to repeal or amend various provisions of the Florida Statutes containing procedural language superseded or made redundant by chapter 120 (the Administrative Procedure Act)....

...120 necessary to carry out the purposes of this act and to exercise any power granted in this act. Chapter 120 , F.S., represents the Legislature's scheme for standardizing the rulemaking and adjudicative procedures used by administrative agencies. Section 120.72 , F.S....

...ersedeas would constitute a probable danger to the health, safety, or welfare of the state.” § 120.68(3), Fla.Stat. (1981). Petitioner does not contend that he has ever appealed the revocation of his corporation’s license or applied for a stay. Section 120.72(l)(a), Florida Statutes (1981), provides that chapter 120 shall supersede all other provisions in the Florida Statutes relating to, among other things, licensing procedure and judicial review, unless expressly provided otherwise by subsequent law. Additionally, while section 561.-29(6) was not expressly repealed or amended by chapter 78-95 which was designed to place affected provisions of the Florida Statutes in conformity with chapter 120, section 120.722(4), Florida Statutes (1981), provides that the lack of such repeal or amendment does not imply that that section is not superseded by section 120.68(3)....

...er 120, Part III, Florida Statutes. Part III of the APA had dealt with judicial review of administrative orders and rules. In 1974, chapter 120, including part III, was repealed and replaced by a new chapter 120. See Chapter 74-310, Laws of Florida. Section 120.72, Florida Statutes (1975), makes uniform the procedures used by the administrative agencies of the state. More specifically: 120.72 Legislative intent; prior proceedings and rules; exception.— (1) The intent of the legislature in enacting this complete revision of chapter 120, Florida Statutes, is to make uniform the rulemaking and adjudicative procedures used by the administrative agencies of this state....

...pted pursuant to chapters 573 and 601. As chapter 67-1504, in creating the petitioner, incorporated the administrative procedures relating to judicial review which were then extant, the issue before this court is whether the legislature, in enacting section 120.72, intended for it to apply to the petitioner. This court takes the position that section 120.72 is a savings clause and does not apply to the petitioner. The legislature enacted section 120.72 “to replace all other provisions in the Florida Statutes 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review [of administrative action].” The statute, by its terms, does not apply to special acts of the legislature....

...The term “Florida Statutes 1973” is used to designate the official Florida Statutes of 1973 and contains only statutes of general and permanent nature. § 11.2421, Florida Statutes (1973). Hence, as the petitioner, HCEPC, was created by a special act, section 120.72 will not apply to it....

...To that end, it is the express intent of the legislature that the provisions of this act shall replace all other provisions in the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review of administrative action . . . . [Section 120.72 (1), F....

...isposed of by the utility as the commission may direct; however, no such funds shall accrue to the benefit of the utility." Section 364.05(4), Florida Statutes (1975). This procedure survives the adoption of the new Administrative Procedure Act. See Section 120.72(3), Florida Statutes (1975)....

214.25 is specifically required to be de novo. § 120.72(2), Fla.Stat. (1975), provides that “all administrative

the rule, or on a date required by statute." Section 120.72(1), F. S., mandates that in enacting a complete

the procedure provided in the 1973 APA. See Section 120.72, Florida Statutes (Supp.1974), and Chung-Ling