Florida Statutes Title X Chapter 120 - Administrative Procedure Act

• 120.50 - Exception To Application Of Chapter.
  This chapter shall not apply to:(1) The Legislature.(2) The courts.History.—s. 1, ch. 74-310; s. 3, ch. 77-468; s. 1, ch. 78-162.
• 120.51 - Short Title.
  This chapter may be known and cited as the “Administrative Procedure Act.”History.—s. 1, ch. 74-310.
• 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...
• 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;...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 120.55 - Publication.
  (1) The Department of State shall:(a)1. Through a continuous revision and publication system, compile and publish electronically, on an Internet website managed by the department, the “Florida...
• 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...
• 120.56 - Challenges To Rules.
  (1) GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A RULE OR A PROPOSED RULE.—(a) Any person substantially affected by a rule or a proposed rule may seek...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 120.65 - Administrative Law Judges.
  (1) The Division of Administrative Hearings within the Department of Management Services shall be headed by a director who shall be appointed by the Administration Commission...
• 120.651 - Designation Of Two Administrative Law Judges To Preside Over Actions Involving Department Or Boards.
  The Division of Administrative Hearings shall designate at least two administrative law judges who shall specifically preside over actions involving the Department of Health or...
• 120.655 - Withholding Funds To Pay For Administrative Law Judge Services To School Boards.
  If a district school board fails to make a timely payment for the services provided by an administrative law judge of the Division of Administrative...
• 120.66 - Ex Parte Communications.
  (1) In any proceeding under ss. 120.569 and 120.57, no ex parte communication relative to the merits, threat, or offer of reward shall be made to...
• 120.665 - Disqualification Of Agency Personnel.
  (1) Notwithstanding the provisions of s. 112.3143, any individual serving alone or with others as an agency head may be disqualified from serving in an agency...
• 120.68 - Judicial Review.
  (1) A party who is adversely affected by final agency action is entitled to judicial review. A preliminary, procedural, or intermediate order of the agency or...
• 120.69 - Enforcement Of Agency Action.
  (1) Except as otherwise provided by statute:(a) Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in...
• 120.695 - Notice Of Noncompliance.
  (1) It is the policy of the state that the purpose of regulation is to protect the public by attaining compliance with the policies established by...
• 120.72 - Legislative Intent; References To Chapter 120 Or Portions Thereof.
  Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 120 or to any section or sections or portion of...
• 120.73 - Circuit Court Proceedings; Declaratory Judgments.
  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...
• 120.74 - Agency Annual Rulemaking And Regulatory Plans; Reports.
  (1) REGULATORY PLAN.—By October 1 of each year, each agency shall prepare a regulatory plan.(a) The plan must include a listing of each law enacted or amended...
• 120.80 - Exceptions And Special Requirements; Agencies.
  (1) DIVISION OF ADMINISTRATIVE HEARINGS.—(a) Division as a party.—Notwithstanding s. 120.57(1)(a), a hearing in which the division is a party may not be conducted by an administrative...
• 120.81 - Exceptions And Special Requirements; General Areas.
  (1) EDUCATIONAL UNITS.—(a) Notwithstanding s. 120.536(1) and the flush left provisions of s. 120.52(8), district school boards may adopt rules to implement their general powers under s....

Last modified: September 23, 2016