120.50 – Exception to Application of Chapter.
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.
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.
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 the appointing authority. […]
120.52 – Definitions.
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 System; the Commission on Ethics; the […]
120.525 – Meetings, Hearings, and Workshops.
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 […]
120.53 – Maintenance of Agency Final Orders.
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. The database […]
120.533 – Coordination of the Transmittal, Indexing, and Listing of Agency Final Orders by Department of State.
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 […]
120.536 – Rulemaking Authority; Repeal; Challenge.
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 […]
120.54 – Rulemaking.
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 feasible unless the agency proves […]
120.541 – Statement of Estimated Regulatory Costs.
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 proposal may include […]
120.542 – Variances and Waivers.
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 person subject to regulation […]
120.545 – Committee Review of Agency Rules.
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), and its accompanying material, and each emergency rule, and may examine any existing rule, for the purpose of determining whether: (a) The rule is an […]
120.55 – Publication.
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 shall contain all rules adopted by each agency, citing the grant of rulemaking authority and the specific law implemented pursuant to which each […]
120.555 – Summary Removal of Published Rules No Longer in Force and Effect.
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, […]
120.56 – Challenges to Rules.
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 under this section […]
120.565 – Declaratory Statement by Agencies.
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 with particularity the […]
120.569 – Decisions Which Affect Substantial Interests.
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 […]
120.57 – Additional Procedures for Particular Cases.
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 administrative law judge assigned […]
120.573 – Mediation of Disputes.
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 administrative action agree to mediation, […]
120.574 – Summary Hearing.
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 division. The initial order shall […]