The 2023 Florida Statutes (including Special Session C)
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. . . Diaz-Ramirez argues that the Board violated section 120.57(1)(l ), Florida Statutes (2018), by making . . .
. . . . §§ 120.569(1), 120.57(2), Fla. Stat. (2016). . . .
. . . Section 120.57(1)(c), Florida Statutes (2017), which is a provision of the Administrative Procedure Act . . .
. . . wrongfully overturned a recommended order of the Division of Administrative Hearings in violation of § 120.57 . . . Appellant petitioned for a formal administrative hearing pursuant to §§ 120.569 and 120.57(1), Florida . . . Appellant's argument that AHCA wrongfully overturned the ALJ's recommended order in violation of § 120.57 . . . Section 120.57(1)(l) requires that When rejecting or modifying [a] conclusion of law ... the agency must . . . Appellant's application, and AHCA explained its reasons for doing so, the Final Order did not violate § 120.57 . . .
. . . Appellant opted for an informal hearing on the administrative complaint conducted pursuant to section 120.57 . . .
. . . Analysis Section 120.57(1)(l ), Florida Statutes, authorizes an agency to reject or modify an ALJ's conclusions . . . Winn , 938 So.2d 554, 555 (Fla. 1st DCA 2006) ; see also § 120.57(1)(l ), Fla. Stat. . . . base agency action that determines the substantial interests of a party on an unadopted rule ...." § 120.57 . . . See § 120.57(1)(l ), Fla. Stat. . . .
. . . allegations of its petition established standing and entitled it to a formal hearing pursuant to section 120.57 . . . Asphalt Paving filed an amended petition with the Department under section 120.57(1), Florida Statutes . . . action, and therefore Asphalt Paving had not demonstrated standing for a formal hearing under section 120.57 . . . "To establish entitlement to a section 120.57 formal hearing, one must show that its 'substantial interests . . . State, Dep't of Transp. , 635 So.2d 58, 59 (Fla. 1st DCA 1994) ; §§ 120.52(13)(b); 120.57, Fla. . . .
. . . administrative law judge assigned by the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 . . .
. . . . § 120.57(1)(l ), Fla. Stat. (2016) ; Yerks v. Sch. . . . substituted conclusion of law ... is as or more reasonable than that which was rejected or modified." § 120.57 . . . See § 120.57(1)(l ), Fla. Stat.; Yerks , 219 So.3d at 848. . . . reject that conclusion as long as it explained its rationale for doing so in accordance with section 120.57 . . .
. . . disciplinary action under section 455.225, Florida Statutes, is not subject to the requirements of section 120.57 . . . However, section 120.57 does apply to disciplinary proceedings instituted under section 455.225 once . . .
. . . ." § 120.57(1)(c), Fla. . . .
. . . . § 120.57(e)1., Fla. Stat.; Coventry First, LLC v. State, Office of Ins. . . .
. . . section 120.56 (rule challenges) or sections 120.569 (decisions which affect substantial interests) and 120.57 . . . from any proceeding pursuant to sections 120.569 (decisions which affect substantial interests) and 120.57 . . .
. . . or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . .
. . . Stat. 120.57, and A.L. specifically held that IDEA due process hearings were not "administrative proceedings . . .
. . . See § 120.57(1), Fla. Stat. (2017) ; DeRosa v. State, Dep't of Fin. . . .
. . . Despite OPC's objection, this Court approved that settlement, in part, because section 120.57(4), Florida . . . nless precluded by law.' " Citizens I , 146 So.3d at 1150 (second alteration in original) (quoting § 120.57 . . .
. . . An informal hearing was held pursuant to section 120.57(2), Florida Statutes, as Appellant conceded there . . .
. . . by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 and 120.57 . . .
. . . ." § 120.57(1)(l ), Fla. Stat. . . .
. . . The EPC convened a teacher hearing panel for an informal hearing, pursuant to sections 120.569 and 120.57 . . .
. . . that DOAH had "jurisdiction over the subject matter and the parties ... pursuant to sections 120.569, 120.57 . . .
. . . Board) to issue a final order as defined by the Administrative Procedure Act (the APA), in section 120.57 . . . disciplinary reassignment” and requested a hearing, which was held pursuant to the APA, sections 120.569 and 120.57 . . . intended its Notice of Adoption of Recommended Order to be a rendered final order pursuant to section 120.57 . . . the provisions of chapter 120,” but that “[e]xpulsion hearings shall be governed by ss. 120.569 and 120.57 . . .
. . . Sixty-seven Petitioners sought administrative hearings ■ pursuant to section 120.57(1), Florida Statutes . . . 30 years ago, a party has standing to initiate a formal administrative hearing pursuant to section 120.57 . . . But, as this court later made clear, “[t]o be entitled to a section 120.57 hearing, there must be final . . . we reverse the orders of dismissal and remand for the grant of formal hearings pursuant to section 120.57 . . . “As a general principle of administrative law, a person is entitled to a section 120.57 hearing when . . .
. . . .” § 120.57(1)(l), Fla. Stat. (2016); see also B.J. v. . . . As such, the DCF decision is not in conformity with section 120.57(1)(Z). . . .
. . . See § 120.57(1)©, Fla. Stat. (2016). . . .
. . . Hearings (DOAH) to assign an administrative law judge in his two pending administrative cases—a section 120.57 . . .
. . . Section 120.57(1)((), Florida Statutes, provides that the agency may not reject or modify an ALJ’s findings . . . agency “may reject or modify the conclusions of law over which it has substantive jurisdiction.” § 120.57 . . .
. . . An RFA is treated as a Request for Proposal for the purposes of a bid protest under section 120.57(3) . . .
. . . and advises the Applicant of the opportunity to request a proceeding pursuant to Sections 120.569 and 120.57 . . . and advises the Applicant of the opportunity to request a proceeding pursuant to Sections 120.569 and 120.57 . . .
. . . suspension of his nursing license, a fíne, and a reprimand following an informal hearing pursuant to section 120.57 . . . See § 120.57(2), Fla. Stat. (2015). . . . We note that in hearings involving disputed issues of fact under section 120.57(1), Florida Statutes, . . . However, section' 120.57(2) pertaining to hearings not involving disputed issues of material fact contains . . . See § 120.57(2), Fla. Stat.; see also Vicaria v. . . .
. . . .” § 120.57(1)l), Fla. Stat. (2015). . . . interpretation of administrative rule is as or more reasonable than that which was rejected or modified.” § 120.57 . . .
. . . .” § 120.57(1)(Z), Fla. Stat. . . . .
. . . West Flagler petitioned for an informal administrative hearing pursuant to section 120.57(2), Florida . . .
. . . action by the Department violated principles of fundamental fairness and the requirements of section 120.57 . . . These challenges contained disputed issues of material fact, and section 120.57(1) hearings were set . . .
. . . articulated the principles that require agency action to be set aside when insufficiently explained: Section 120.57 . . . Section 120.57 proceedings, in which the agency’s nonrule policy is fair game for a party’s challenge . . . Sections 120.57(l)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. . . . findings of fact but rejection of recommended penalty without any explanation as required by section 120.57 . . .
. . . and second amended petitions for a formal administrative proceeding pursuant to sections 120.569 and 120.57 . . . Accordingly, we reverse the final order and remand for an administrative hearing pursuant to section 120.57 . . . “1) that he will suffer injury in fact which is of sufficient immediacy to entitle him to a section 120.57 . . . Keys Aqueduct Auth., 400 So.2d 524, 525 (Fla. 3d DCA 1981); see § 120.57(3)(b), Fla. Stat. (2016). . . . In considering the dismissal of a petition for a hearing under section 120.57, Florida Statutes, an agency . . .
. . . Servs., 573 So.2d 320 (Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes . . .
. . . required because there are disputed issues of material fact entitling him to a hearing under section 120.57 . . . We, therefore, reverse the order under review and remand this case for a hearing under section 120.57 . . .
. . . revealed its “best and final” price, the flaw was in the bidding process itself, specifically that section 120.57 . . . Because the ALJ correctly concluded that the plain language of section 120.57(3)(f), Florida Statutes . . . of the plain language of the statute, we find it unnecessary to address the issue of whether section 120.57 . . . even permitted the School Board to revisit the ALJ’s legal conclusion under these circumstances, See § 120.57 . . . Section 120.57(3)(b) provides that any person adversely affected by "the terms, conditions, and specifications . . .
. . . injury-in-fact which is of sufficient immediacy to entitle it to a hearing under Sections 120.569 and 120.57 . . . proceeding to a Hearing Officer, or whether or not to commence informal proceedings pursuant to Section 120.57 . . .
. . . Stat. (2015) (a hearing under section 120.57 is required when an agency’s decision affects or determines . . . hearing via section 120.569, Florida Statutes, Because administrative review via sections 120.569(1) and 120.57 . . .
. . . . § 120.57(3)(f), Fla. Stat. (2015). . . . . § 120.57(3)(f), Fla. Stat. (2015). . . . Section 120.57(3), Florida Statutes (2015), provides a seventy-two-hour window after the agency posts . . .
. . . After a hearing officer conducted an informal administrative hearing pursuant to sections 120.569, 120.57 . . .
. . . Under section 120.57(1)(Z), Florida Statutes (2015), after the ALJ has submitted a recommended order, . . . See § 120.57(l)(i) (providing that AHCA may “reject or modify the conclusions of law over which it has . . .
. . . licensee is afforded the opportunity to challenge the factual basis of the complaint through a section 120.57 . . .
. . . filed a Petition for Formal Administrative Proceedings with the Board, pursuant to sections 120.569 and 120.57 . . . Petitioners as third parties can challenge a purely proprietary Board action under sections 120.569 and 120.57 . . . third parties can challenge this minor and purely proprietary Board action under sections 120.569, and 120.57 . . . “In considering the dismissal of a petition for a hearing under section 120.57, Florida Statutes, an . . .
. . . iri the Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569, 120.57 . . .
. . . Section 120.595(l)(b) provides, “The final order in a proceeding pursuant' to s. 120.57(1) shall award . . .
. . . presumably American Heritage sought review of agency action as described in sections 120,569(2)(a) and 120.57 . . .
. . . Department-licensed facilities, our review.is limited to whether the Department’s final order comports with section 120.57 . . .
. . . pertinent part, “The referring agency shall take no further action with respect to a proceeding under s. 120.57 . . . , except as a party litigant, as long as the division has jurisdiction over the proceeding under s. 120.57 . . .
. . . The hearing officer’s conclusion that Saunders could not raise, this challenge under section 120.57(l . . . Stat. (2014) (providing that, notwithstanding the language in section 120.57(l)(a), Florida Statutes, . . . Rather, Saunders properly challenged the Department’s actions pursuant to section 120.57(l)(e). . . . Notwithstanding Saunders' authority ' to challenge the Department’s determinations under 120.57(l)(e) . . . Section 120.57(l)(e), unlike section'120.56/provides immediate relief. . . .
. . . .” § 120.57(l)(c); see also Sunshine Chevrolet Oldsmobile v. . . .
. . . court of competent jurisdiction or (2) request an administrative hearing under sections 120.569 and 120.57 . . .
. . . In proceedings under Section 120.57(2),■ Florida Statutes* (2013), the Commission concluded' that he . . . Smith elected an informal hearing before the Commission under Section 120.57(2), Florida Statutes (2013 . . . ), rather than a formal hearing at the Division of Administrative Hearings under section 120.57(1), Florida . . . In that case, too, the licensee had requested an informal hearing under section 120.57(2), conceding . . .
. . . on a preponderance of the evidence from the evidence of-record and matters officially recognized, § 120.57 . . .
. . . transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57 . . .
. . . AHCA and West 'Jacksonville counter" that sections 408.040(2)(c), 408.015(2)-(3), and 120.57(4), Florida . . . Stat.; see also § 120.57(4), Fla. Stat. . . . not encouraged for efficiency’s sake, provided they are within the lawful authority of the agency. § 120.57 . . .
. . . department”) final order revoking the agency’s license after an informal proceeding pursuant to section 120.57 . . . (Fla. 5th DCA 2005) (“if it becomes apparent during the course of an informal hearing under section 120.57 . . . Accordingly, we reverse the order on appeal and remand for a formal hearing pursuant to section 120.57 . . .
. . . Section 120.57(1)(l), Florida Statutes (2014), sets forth these standards for the School Board’s review . . .
. . . consolidated appeals are final orders the Agency for Health Care Administration (Agency) entered in section 120.57 . . .
. . . parties later agreed to treat the proceeding as an informal administrative proceeding under section 120.57 . . .
. . . Under section 120.57(1)(l), the School Board could reject the ALJ’s recommendation, but in doing so, . . . it had to review the complete record and cite with particularity its reasons for doing so. § 120.57(1 . . .
. . . after the Agenda Conference and issuance of the PAA action that the provisions of Section 120.569 and 120.57 . . .
. . . Respondent requested a formal administrative proceeding pursuant to section 120.57(1), Florida Statutes . . . See 120.57 (1)(k), Fla. Stat. . . .
. . . As authorized by section 120.57(1), Florida Statutes, the day care petitioned for a formal administrative . . . since DCF “self-proclaimed” the proceeding as disciplinary, which under the plain language of section 120.57 . . .
. . . DeRoin requested a formal administrative hearing pursuant to section 120.57(1), Florida Statutes (2012 . . . disputed issues of material fact must be referred to the Division of Administrative Hearings, see § 120.57 . . .
. . . are denied associate master teacher designation may also obtain review of such decision under Sec. 120.57 . . .
. . . Department had not demonstrated circumstances excusing a lack of rulemaking as contemplated by section 120.57 . . . not base agency action that determines the substantial interests of a party on an unadopted rule.” § 120.57 . . .
. . . finds, based on a preponderance of the evidence adduced at a hearing before the commission under s. 120.57 . . .
. . . Appellant sought an evi-dentiary administrative hearing pursuant to sections 120.569 and 120.57(1), Florida . . . See § 120.57(l)(i), Fla. Stat. . . . DOAH for an evidentiary hearing or requested a non-evidentiary, or informal, hearing under section 120.57 . . .
. . . employee’s substantial interests; therefore, the employee is entitled to a formal hearing under section 120.57 . . . See §§ 120.569(2)(g), 120.57(l)(c), Fla. Stat. (2013). . . . The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. . . .
. . . Second, pursuant to section 120.57(4), Florida Statutes (2012), informal disposition of the rate proceeding . . . Further, section 120.569(1) provides that additional procedural requirements listed in section 120.57 . . . Section 120.57(l)(b) provides: All parties shall have an opportunity to respond, to present evidence . . . Section 120.57(4) also provides that “informal disposition may be made of any proceeding by stipulation . . . conduct discovery and present evidence challenging any aspect of the agreement pursuant to section 120.57 . . .
. . . case were stipulated by the parties, and the administrative proceedings were conducted under section 120.57 . . . See § 120.57(2)(a), Fla. Stat. . . . Statutes, and the process due in these administrative proceedings is codified in sections 120.569, 120.57 . . . exceed its statutory authority or deny All Saints the process it was due under sections 120.569 and 120.57 . . .
. . . .” § 120.57, Fla. Stat. (2008); see also Fla. Admin. . . .
. . . resources, and protection of air and water quality, may initiate a hearing pursuant to s. 120.569 or s. 120.57 . . .
. . . See § 120.57(1X0, Fla. . . .
. . . adopting the recommended order of the hearing officer after an administrative hearing pursuant to section 120.57 . . .
. . . hereby vacated, and this case is remanded for further proceedings pursuant to sections 120.569 and 120.57 . . .
. . . dismissing Appellant’s request for a formal administrative hearing pursuant to sections 120.569 and 120.57 . . . Accordingly, we reverse and remand for an administrative hearing pursuant to section 120.57, Florida . . . county’s BERR, it provides the county with a notice of administrative rights under sections 120.569, 120.57 . . . however, Appellant filed a request for a formal administrative hearing pursuant to sections 120.569 and 120.57 . . . ) they would “suffer injury in fact which is of sufficient immediacy to entitle [them] to a section 120.57 . . .
. . . petitioned for a formal hearing before an administrative law judge pursuant to sections 120.569(2)(a) and 120.57 . . . or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . . Section 120.57(1) controls proceedings involving a disputed issue of material fact, unless all parties . . . waive application of section 120.57(1). § 120.569(1), Fla. . . . Failer is clearly entitled to a section 120.569 or 120.57 hearing on the Department’s suspension of his . . . license, as the Department did here, “a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . .
. . . agency action for purposes of chapter 120, and the aggrieved party may request a proceeding under s. 120.57 . . .
. . . See § 120.57(l)(b), Fla. Stat. (2012). PERC’s final order adopted Dr. . . . See § 120.57(1)(Z), Fla. . . .
. . . complaint, it would have been necessary for Autoworld to request a formal hearing under subsection 120.57 . . . itself clarified on rehearing that the decision did not require the Department to convene a section 120.57 . . .
. . . revoking Taylor’s conditional release without “stating with particularity” — as required by section 120.57 . . . Similarly, section 120.57(1)(Z) provides that so long as the administrative agency reviews the complete . . . Rather, under section 120.57(1)(l), if an agency fails to set out the reasoning for its decision with . . . We reverse the order of the Board and remand the case for compliance with section 120.57(1)(l), Florida . . . If the FPC’s order did violate section 120.57(l)(i), the error could have been remedied by providing . . .
. . . Castellón elected an informal hearing under section 120.57(2), Florida Statutes (2012), only available . . .
. . . .” § 120.57(1)((), Fla. Stat. (2012). . . . Where a citizen exhausts administrative remedies by litigating under section 120.57(1) only to see findings . . .
. . . Section 120.57(l)(k), Florida Statutes (2010), provides that parties can file exceptions to a RO. . . . See also § 120.57(1)(Z), Fla. Stat. (2012); Rogers v. . . . See § 120.57(1)(Z) (providing that agencies may reject or modify conclusions of law over which they have . . .
. . . authority on the State Board of Education to disavow or reverse the exemption from sections 120.659, 120.57 . . . and 286.011, when it provides: “Such hearings are exempt from ss. 120.569, 120.57, and 286.011, except . . . That subparagraph expressly provides, in part, that due process hearings “are exempt from ss. 120.569, 120.57 . . .
. . . Appellants sought an administrative hearing pursuant to § 120.57, Florida Statutes, to review FDOT’s . . .
. . . Unemployment Appeals Comm’n, 80 So.3d 461, 463 (Fla. 1st DCA 2012) (citing to section 120.57(1)(Z), Florida . . . Section 120.57(1)(Z), Florida Statutes (2011) provides in relevant part: The agency may not reject or . . .
. . . of Health, 805 So.2d 1005, 1011 (Fla. 1st DCA 2002) (recognizing that the 1999 amendments to section 120.57 . . .
. . . Hearings held under this subsection shall be conducted in the same manner as provided in ss. 120.569 and 120.57 . . .
. . . Board with directions to afford Herrmann a hearing on her Amended Petition in accordance with section 120.57 . . .
. . . required by section 284.30 is a condition precedent to the recovery of attorney’s fees pursuant to section 120.57 . . .
. . . See §§ 120.57(l)(j), 447.503, Fla. Stat. . . .
. . . Appellants received the notice, requested a hearing pursuant to section 120.57(2), Florida Statutes, . . . submitted a recommended order and all parties had the opportunity to file objections or exceptions. § 120.57 . . .
. . . See § 402.10(2); see also § 120.57(1). . . . Previously, section 120.57 provided that findings of fact “shall be based exclusively on the evidence . . . of record and on matters officially recognized”; no burden of proof was mentioned. § 120.57(l)(b)(8) . . . The 1997 amendments to chapter 120 added section 120.57(l)(h), now section 120.57(l)(j), stating that . . . This court too must apply the clear language of section 120.57(l)(j). . . .
. . . 120 hearings “are designed to give affected parties an opportunity to change the agency’s mind”); § 120.57 . . . See generally §§ 120.569, 120.57(1), Fla. Stat. . . . This is akin to the role of the ALJ in a bid protest proceeding under section 120.57(3) where the ALJ . . . See § 120.57(3)(f), Fla. Stat. . . . reject that conclusion as long as it explained its rationale for doing so in accordance with section 120.57 . . .