Fla. Stat. § 120.50
Exception to application of chapter
This chapter shall not apply to:(1) The Legislature.(2) The courts.
Florida Statutes Chapter 120 — ADMINISTRATIVE PROCEDURE ACT
Florida · statute · Fla. Stat. ch. 120 · 39 active provisions
Fla. Stat. § 120.51
Short title
This chapter may be known and cited as the “Administrative Procedure Act.”
Fla. Stat. § 120.515
Declaration of policy
This chapter provides uniform procedures for the exercise of specified authority. This chapter does not limit or impinge upon the assignment of executive power under Article IV of the State Constitution or the legal authority of an appointing authority to direct and supervise those appointees serving at the pleasure of…
Fla. Stat. § 120.52
Definitions
As used in this act:(1) “Agency” means the following officers or governmental entities if acting pursuant to powers other than those derived from the constitution:(a) The Governor; each state officer and state department, and each departmental unit described in s. 20.04; the Board of Governors of the State University S…
Fla. Stat. § 120.525
Meetings, hearings, and workshops
(1) Except in the case of emergency meetings, each agency shall give notice of public meetings, hearings, and workshops by publication in the Florida Administrative Register and on the agency’s website not less than 7 days before the event. The notice shall include a statement of the general subject matter to be consid…
Fla. Stat. § 120.53
Maintenance of agency final orders
(1) In addition to maintaining records contained in s. 119.021(3), each agency shall also electronically transmit a certified text-searchable copy of each agency final order listed in subsection (2) rendered on or after July 1, 2015, to a centralized electronic database of agency final orders maintained by the division…
Fla. Stat. § 120.533
Coordination of the transmittal, indexing, and listing of agency final orders by Department of State
The Department of State shall:(1) Coordinate the transmittal, indexing, management, preservation, and availability of agency final orders that must be transmitted, indexed, or listed pursuant to s. 120.53.(2) Provide guidelines for indexing agency final orders. More than one system for indexing may be approved by the D…
Fla. Stat. § 120.536
Rulemaking authority; repeal; challenge
(1) A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have authority to adopt a…
Fla. Stat. § 120.54
Rulemaking
(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.—(a) Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s. 120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable.1. Rulemaking shall be presumed f…
Fla. Stat. § 120.541
Statement of estimated regulatory costs
(1)(a) Within 21 days after publication of the notice required under s. 120.54(3)(a), a substantially affected person may submit to an agency a good faith written proposal for a lower cost regulatory alternative to a proposed rule which substantially accomplishes the objectives of the law being implemented. The proposa…
Fla. Stat. § 120.542
Variances and waivers
(1) Strict application of uniformly applicable rule requirements can lead to unreasonable, unfair, and unintended results in particular instances. The Legislature finds that it is appropriate in such cases to adopt a procedure for agencies to provide relief to persons subject to regulation. A public employee is not a p…
Fla. Stat. § 120.5435
Agency review of rules
(1) For the purposes of this section, the term “rule” means the rule number assigned by the Department of State.(2)(a) By July 1, 2030, each agency, in coordination with the committee, shall review all existing rules adopted by the agency before July 1, 2025, in accordance with this section.(b) Beginning October 1, 202…
Fla. Stat. § 120.545
Committee review of agency rules
(1) As a legislative check on legislatively created authority, the committee shall examine each proposed rule, except for those proposed rules exempted by s. 120.81(1)(e) and (2), each emergency rule, each rule reviewed under s. 120.5435, and may examine any existing rule, and any accompanying material or associated do…
Fla. Stat. § 120.55
Publication
(1) The Department of State shall:(a)1. Through a continuous revision and publication system, compile and publish electronically, on a website managed by the department, the “Florida Administrative Code.” The Florida Administrative Code must contain all rules adopted by each agency, citing the grant of rulemaking autho…
Fla. Stat. § 120.555
Summary removal of published rules no longer in force and effect
When, as part of the continuous revision system authorized in s. 120.55(1)(a)1. or as otherwise provided by law, the Department of State is in doubt whether a rule published in the official version of the Florida Administrative Code is still in full force and effect, the procedure in this section shall be employed.(1)…
Fla. Stat. § 120.56
Challenges to rules
(1) GENERAL PROCEDURES.—(a) Any person substantially affected by a rule or a proposed rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of delegated legislative authority.(b) The petition challenging the validity of a proposed or adopted rule…
Fla. Stat. § 120.565
Declaratory statement by agencies
(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.(2) The petition seeking a declaratory statement shall state wit…
Fla. Stat. § 120.569
Decisions which affect substantial interests
(1) The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency, unless the parties are proceeding under s. 120.573 or s. 120.574. Unless waived by all parties, s. 120.57(1) applies whenever the proceeding involves a disputed issue of material fact.…
Fla. Stat. § 120.57
Additional procedures for particular cases
(1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT.—(a) Except as provided in ss. 120.80 and 120.81, an administrative law judge assigned by the division shall conduct all hearings under this subsection, except for hearings before agency heads or a member thereof. If the adminis…
Fla. Stat. § 120.573
Mediation of disputes
Each announcement of an agency action that affects substantial interests shall advise whether mediation of the administrative dispute for the type of agency action announced is available and that choosing mediation does not affect the right to an administrative hearing. If the agency and all parties to the administrati…
Fla. Stat. § 120.574
Summary hearing
(1)(a) Within 5 business days following the division’s receipt of a petition or request for hearing, the division shall issue and serve on all original parties an initial order that assigns the case to a specific administrative law judge and provides general information regarding practice and procedure before the divis…
Fla. Stat. § 120.595
Attorney’s fees
(1) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.57(1).—(a) The provisions of this subsection are supplemental to, and do not abrogate, other provisions allowing the award of fees or costs in administrative proceedings.(b) The final order in a proceeding pursuant to s. 120.57(1) shall award reasonable costs and…
Fla. Stat. § 120.60
Licensing
(1) Upon receipt of a license application, an agency shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information the agency is permitted by law to require. An agency may not deny a license for failure to correct an…
Fla. Stat. § 120.62
Agency investigations
(1) Every person who responds to a request or demand by any agency or representative thereof for written data or an oral statement shall be entitled to a transcript or recording of his or her oral statement at no more than cost.(2) Any person compelled to appear, or who appears voluntarily, before any presiding officer…
Fla. Stat. § 120.63
Exemption from act
(1) Upon application of any agency, the Administration Commission may exempt any process or proceeding governed by this act from one or more requirements of this act:(a) When the agency head has certified that the requirement would conflict with any provision of federal law or rules with which the agency must comply;(b…
Page 1 of 2Next →