Florida/Georgia Personal Injury & Workers Compensation

...Section 120.72(1), Florida Statutes (Supp. 1974) and (1975). Effect of the 1975 Amendment The ink was scarcely dry on the 1974 codification of Chapter 120, Florida Statutes (Supp. 1974) when the 1975 Legislature, by Chapter 75-191, amended Chapter 120 to add Section 120.73: "Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circuit courts of jurisdiction to render declaratory judgments under the provisions of chapter 86......

...ny provision of the Florida Statutes which grants the right to a proceeding in the circuit courts in lieu of an administrative hearing" operates to preserve circuit court jurisdiction to enjoin administrative action. Chapter 75-191, Laws of Florida, Section 120.73, Florida Statutes (1975)....

...to divest" the circuit courts' declaratory judgment jurisdiction did not revive repealed § 120.31, Fla. Stat. (1973). Thus, while § 120.31 limited declaratory relief to questions of "the validity, meaning or application of any rule," that limitation no longer exists. The effect of § 120.73, Fla....

...Mitchell, 346 So.2d 562 (Fla. 1st DCA 1977). [8] We need not review here in detail the extensive analyses of the relation between the administrative procedure act and the jurisdiction of the circuit courts embodied in the Willis and Mitchell decisions. Section 120.73 states that nothing in the administrative procedure act "shall be construed ......

...not a declaration of some doubtful right or status, is plaintiff's real objective, or when uninvoked administrative remedies are available." Put another way, the central issue in this case is whether, in recognition of the saving clause contained in Section 120.73, Florida Statutes (1975), [3] a plaintiff in this type of proceeding will be permitted to maintain a declaratory judgment action, or whether he (or she) will be limited to his (or her) remedies under the Administrative Procedures Act....

...From that opinion, we learn that the APA in its original form limited declaratory relief to questions of the validity, meaning, or application of any rule (see Section 120.30, Florida Statutes (1973)), that the 1974 version of the APA repealed Section 120.30, and that no section of the 1975 version of the APA, in particular Section 120.73, Florida Statutes (1975), revived Section 120.30....

...hallenging agency action, whether formally recognized as an "order" or a "rule", as it affects the substantial interests of a party is by petition for review to the appropriate District Court of Appeal. We are left with the question of the impact of Section 120.73, Florida Statutes (1975), i.e., the savings clause which declared that nothing in Chapter 120 should be construed to divest the Circuit Courts of jurisdiction to render declaratory judgments....

...ncy action may be obtained sub judice, we determine that the Circuit Court should have granted the motion to dismiss. REVERSED. RAWLS and SMITH, JJ., concur. NOTES [1] Assigned Case No. Y-303 in this court. [2] 344 So.2d 580 (Fla. 1st DCA 1977). [3] § 120.73 provides, in pertinent part: "Nothing in this chapter shall be construed ......

...is no remedy for it in ch. 120, F.S. 1975. The Administrative Procedure Act could not and does not relegate Fourteenth Amendment questions to administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 to ch....

...lative scheme." Id. Moreover, while the APA indicates that nothing in it "shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative *1041 hearing," see section 120.73, Florida Statutes (1995), Florida courts have noted that the doctrine of primary jurisdiction is one of "self-limitation" which has "evolved in marking out the boundary lines between areas of administrative and judicial action." Florida Soc'y of Newspaper Editors v....

...uant to this direction; rather, it remained intact and in full force and effect until amended in 1981 ( see discussion, infra, pp. 952-953). Moreover, in 1975 the legislature enacted chapter 75-191, § 11, Laws of Florida, which provided language in section 120.73 to explicitly clarify that chapter 74-310 was not intended to repeal statutory provisions granting the right to proceed in circuit court rather than by administrative hearing....

...denied, 345 So.2d 422 (Fla. 1977); Department of Revenue v. Joanos, 364 So.2d 24 (Fla. 1st DCA 1978), cert. denied, 372 So.2d 467 (Fla. 1979). In University Square, Inc., 336 So.2d at 371-72, Judge Mills succinctly stated the rationale underlying this conclusion: Section 120.73, Florida Statutes, clearly expresses the intent of the Legislature that circuit courts retain jurisdiction to determine the legality of contested documentary tax assessments by way of declaratory judgment actions....

...been paid, and taxes paid for which refunds are sought, shall travel on separate tracks: the former since 1981 in a judicial or administrative forum at the taxpayer's option, and the other in an administrative forum. [1] The majority refers also to Section 120.73, Florida Statutes, as a manifestation of the legislative intent that circuit courts retain jurisdiction to determine the issue at hand via suits for declaratory judgments....

...e the appropriate agency. See Key Haven Associated Enterprises, Inc. v. Board of Trustees of the Internal Improvement Trust Fund, 427 So.2d 153 (Fla. 1982); Criterion Insurance Co. v. State, Department of Insurance, 458 So.2d 22 (Fla. 1st DCA 1984). Section 120.73 does not under the circumstances at bar permit the circuit court to proceed to judgment in the face of an available, alternative administrative remedy. Three categories of issues are generally recognized as authorizing suits in circuit courts under Section 120.73, as an alternative method to agency action: (1) matters that are considered extraordinary; (2) matters involving the legality of a tax assessment or toll; and (3) matters involving constitutional issues....

...etition for writ of prohibition in the district court of appeal, asserting the circuit court's lack of jurisdiction over the contractors' action. In granting the petition, this court, among other things, discussed the effect of the 1975 enactment of section 120.73 as to the issue of whether the suit should be allowed to proceed in circuit court. The court stated that those provisions of 120.73, providing that nothing in Chapter 120 should be construed to repeal any provision of the Florida Statutes granting the right of a proceeding in the circuit court, in lieu of an administrative proceeding, required statutory authorization outside of the APA, and that proceedings such as suits for injunction are not declaratory *961 proceedings which are preserved under section 120.73. Another case from this court applying the Willis rule was School Board of Leon County v. Mitchell, 346 So.2d 562 (Fla. 1st DCA 1977), cert. denied, 358 So.2d 132 (Fla. 1978), in which it was held that section 120.73 only preserves declaratory judgment suits where extraordinary circumstances dictate, and, because the precise issue before the lower court involved the question of whether the elimination of appellee's position with the school board was a rule, the issue could and should have been raised in a 120.57 proceeding....

...t *1349 actions such as the dispute in the instant case. Accord, Department of Revenue v. Crisp, 337 So.2d 404 (Fla. 2d DCA 1976), and Florida Department of Revenue v. Estero Bay Development Corp., 336 So.2d 479 (Fla. 2d DCA 1976). By its very terms Section 120.73, Florida Statutes (1975), provides that nothing in Chapter 120, Florida Statutes (1975), shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an admin...

...rule concerning the documentary stamp tax: The Administrative Procedure Act could not and does not relegate Fourteenth Amendment questions to administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 to ch....

...The provisions of the Administrative Procedure Act relating to seeking judicial review of administrative action in the district courts *571 of appeal, Section 120.68, Florida Statutes (1975), and those relating to seeking declaratory judgments construing agency regulations in the circuit courts, Section 120.73, Florida Statutes (1975), are not mutually exclusive....

...1st DCA 1980): If there was no appeal from the agency action, the policy behind res judicata is not served by foreclosing circuit court litigation on questions that could not have been effectively raised for decision by the agency. *75 Florida Statutes, Section 120.73, expressly affords "the right to a proceeding in the Circuit Court in lieu of an administrative hearing," and preserves the jurisdiction of the Circuit Court to render declaratory judgments under Florida Statutes, Chapter 86. Obviously, Section 120.73 has little or no meaning if constitutional issues must be raised in the administrative proceeding and appeal taken under Section 120.68 or otherwise foreclosed....

...in the Florida Statutes, 1973, relating to rulemaking, agency orders, administrative adjudication, or judicial review [of administrative action], except marketing orders adopted pursuant to chapters 573 and 601. It is also necessary to take note of Section 120.73, effective June 25, 1975....

...rts of jurisdiction to render declaratory judgments in the rare cases where such defects in due process exist, we hold that, under the facts of this case, jurisdiction to render a declaratory decree did lie in the circuit court under Chapter 86, and Section 120.73, Florida Statutes (1975)....

...[2] § 120.68 provides that any party adversely affected by final agency action is entitled to judicial review which shall be by the district court of appeal except in matters for which judicial review by the supreme court is provided by law. [3] It would not be necessary, for example, to consider the effect in such cases of § 120.73, which provides that nothing in the Administrative Procedure Act shall be construed to divest the circuit courts of jurisdiction to render declaratory judgments under Chapter 86....

...f this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases." Section 286.011(2) explicitly confers jurisdiction on the circuit court "to issue injunctions to enforce the purposes of this section." And section 120.73 provides that nothing in the Administrative Procedures Act may be construed "to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest...

...rts of jurisdiction to render declaratory judgments in the rare cases where such defects in due process exist, we hold that, under the facts of this case, jurisdiction to render a declaratory decree did lie in the circuit court under Chapter 86, and Section 120.73, Florida Statutes (1975)." (350 So.2d at pages 532, 533: emphasis added) In Department of Revenue of Florida v....

...is no remedy for it in ch. 120, F.S. 1975. The Administrative Procedure Act could not and does not relegate Fourteenth Amendment questions to administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 to ch....

...o exhaust its administrative remedies under the Administrative Procedure Act. After recognizing the constitutional jurisdiction of circuit courts "`in all cases involving legality of any tax assessment or toll'" and reciting that by its very terms F.S. 120.73 provides that nothing in Chapter 120, Florida Statutes 1975, shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest th...

...e Procedure Act does not mean that the exhaustion requirement may be dispensed with. For example, this court in State ex rel. Department of General Services v. Willis, 344 So.2d 580 (Fla. 1st DCA 1977) was confronted with the following provisions of section 120.73, still extant, stating: Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circui...

...onstitutional issue which has been carried unresolved to that part of the judicial system through the regular processes of Chapter 120. See Department of Revenue v. Amrep Corp., 358 So.2d 1343, 1349 fn. 5 (Fla. 1978)." Rice at 849. If chapter 86 and section 120.73 are given their plain meaning, there can be no doubt that the Sullivans, or any other similarly situated persons, have the right to obtain a declaratory judgment under the circumstances here....

...der. Further, section 86.111 provides that the "existence of another adequate remedy does not preclude a judgment for declaratory relief." Finally, as noted in Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc., 361 So.2d 695 (Fla. 1978), section 120.73 itself provides that nothing in chapter 120 "shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circuit c...

...ory judgments under the provisions of chapter 86." (my emphasis). On their face, these provisions grant a statutory right to a declaratory judgment on the questions raised by the Sullivans and negate the need to exhaust *940 administrative remedies. Section 120.73, in particular, seems to envisage a procedure whereby the circuit courts through declaratory judgments act as ombudsmen for citizens aggrieved by potential or ongoing agency action. Section 120.73 and chapter 86 can be read as a legislative vote of confidence in the judgment and discretion of the circuit courts, as the courts of general jurisdiction closest to the citizens, to balance the conflicting rights of the citizens against the imperatives of a smoothly functioning administrative process....

...1st DCA 1976); and State Department of Administration, Division of Personnel v. State Department of Administration, Division of Administrative Hearings, 326 So.2d 187 (Fla. 1st DCA 1976). Although the presence of a constitutional issue may be the most common occasion for judicial intervention, nothing in sections 120.68 and 120.73 or chapter 86 suggests that judicial intervention is limited to cases presenting constitutional issues....

...atus, or other equitable or legal relations affected by a statute, or any regulation made under statutory authority. [4] St. Joe argues that the legislature did not intend chapter 120 to replace or restrict the jurisdiction of circuit courts, citing section 120.73: "Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circuit courts of jurisdicti...

...rofessors, the circuit court found it had jurisdiction under Chapter 119, providing for enforcement of the Public Records Law, and the declaratory judgment provisions of Chapter 86, to which recourse is preserved by the Administrative Procedure Act, Section 120.73, Florida Statutes (Supp....

...Yet, as we indicated in Willis, 344 So.2d at 588, the Public Records Act explicitly authorizes injunction suits against administrative agencies notwithstanding the existence of administrative remedies. Section 119.11, Florida Statutes (1975). Recourse to the circuit court was preserved by amendment to Section 120.73 in 1975: "Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circuit courts of jurisdiction to render declaratory judgments under the provisions of chapter 86......

...In Young American Builders the court held that: The Administrative Procedure Act could not and does not relegate Fourteenth Amendment questions to administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 to ch....

...Section 68.01, Florida Statutes, provides that when an assessment is made against a corporation and payment is refused because it is alleged that the assessment is illegal, the corporation may file an action in equity setting forth the alleged illegality, and the court has jurisdiction to decide the issue. Section 120.73, Florida Statutes, provides that nothing in Chapter 120, Florida Statutes, shall be construed to repeal any provision of Florida Statutes which grants the right to a proceeding in a circuit court in lieu of an administrative hearing or to divest the circuit courts of jurisdiction to render declaratory judgments under the provisions of Chapter 86 Florida Statutes. Section 120.73, Florida Statutes, clearly expresses the intent of the Legislature that circuit courts retain jurisdiction to determine *372 the legality of contested documentary tax assessments by way of declaratory judgment actions....

...v. Department of General Services, 363 So.2d 810 (Fla. 1st DCA 1978), this court noted that its decision was not contrary to the Cone Brothers decision, pointing out that in Cone Brothers the legislature had provided a remedy in the circuit court. Section 120.73, Florida Statutes (1977), states that nothing in the APA shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing....

...ve pending receipt of unconditional approval from DER, and that such a proceeding is also appropriate for obtaining injunctive relief against the county's enforcement of the statute, if declared to be ineffective. That being so, we next observe that section 120.73, Florida Statutes (1985), reads: Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest t...

...is no remedy for it in ch. 120, F.S. 1975. The Administrative Procedure Act could not and does not relegate Fourteenth Amendment questions to administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 to ch....

...f the Florida Administrative Procedure Act. Respondent points out that the statute remained on the books and was not expressly repealed by the Legislature until May 30, 1978, some two months after this litigation commenced. Respondent also relies on § 120.73, which provides, in part: "Nothing in this chapter shall be construed to ......

...Oaklawn Memorial Park, Fla., 361 So.2d 695, Opinion filed May 25, 1978: "We need not review here in detail the extensive analyses of the relation between the administrative procedure act and the jurisdiction of the circuit courts embodied in the Willis [ [1] ] and Mitchell [ [2] ] decisions. Section 120.73 states that nothing in the administrative procedure act `shall be construed ......

...judicial decisions. (Emphasis added.) Arguably, the county council, having been made a state agency by Chapter 401, Part III, Florida Statutes, is subject to judicial review under the Florida Administrative Procedure Act. Notwithstanding this fact, section 120.73 of the Act provides that the Act does not operate to repeal a statute which grants the right to a proceeding of the circuit court in lieu of an administrative hearing or to divest the circuit court of jurisdiction to render declaratory judgments under Chapter 86, Florida Statutes....

...Therefore, the trial court should not have entertained Sun Gardens' complaint or motion for injunction. Sun Gardens contends that the circuit court had jurisdiction to entertain its action because the circuit court has jurisdiction to hear declaratory judgment actions brought under chapter 86, Florida Statutes. See § 120.73, Fla....

...iew by the circuit court apparently because it had sought direct review in this court, we conclude that it should have the right to such review in the circuit court but by way of declaratory judgment rather than the inappropriate remedy of mandamus. § 120.73, Florida Statutes (the Administrative Act) provides in part as follows: "Nothing in this chapter shall be construed to ......

...jurisdiction for the adjudication of any rights that such person may have under the Federal and State Constitutions and under laws now existing, or laws which may be hereinafter enacted. The Authority submits that section 562.46 “dovetails” with section 120.73 of the Administrative Procedure Act, sections 120.50, et seq., Florida Statutes (1981). Section 120.73 reads: Circuit Court Proceedings; Declaratory Judgments....

...n 120.565 during the ongoing proceeding in the circuit court between Eastern, the Authority, and a third party, Host, instead of allowing the Authority to seek a declaratory judgment in the same court pursuant to section 562.-46 of the Beverage Law, section 120.73 of the APA and sections 86.011 and 86.021 of the Declaratory Judgment Act, would be, to say the least, an expensive, inefficient and awkward proposition for all involved....

in the circuit court under Chapter 86, and Section 120.73, Florida Statutes (1975),” 350 So.2d at 533