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Florida Statute 120.69 | Lawyer Caselaw & Research
F.S. 120.69 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
F.S. 120.69
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 the circuit court where the subject matter of the enforcement is located.
(b) A petition for enforcement of any agency action may be filed by any substantially interested person who is a resident of the state. However, no such action may be commenced:
1. Prior to 60 days after the petitioner has given notice of the violation of the agency action to the head of the agency concerned, the Attorney General, and any alleged violator of the agency action.
2. If an agency has filed, and is diligently prosecuting, a petition for enforcement.
(c) A petition for enforcement filed by a nongovernmental person shall be in the name of the State of Florida on the relation of the petitioner, and the doctrines of res judicata and collateral estoppel shall apply.
(d) In an action brought under paragraph (b), the agency whose action is sought to be enforced, if not a party, may intervene as a matter of right.
(2) A petition for enforcement may request declaratory relief; temporary or permanent equitable relief; any fine, forfeiture, penalty, or other remedy provided by statute; any combination of the foregoing; or, in the absence of any other specific statutory authority, a fine not to exceed $1,000.
(3) After the court has rendered judgment on a petition for enforcement, no other petition shall be filed or adjudicated against the same agency action, on the basis of the same transaction or occurrence, unless expressly authorized on remand. The doctrines of res judicata and collateral estoppel shall apply, and the court shall make such orders as are necessary to avoid multiplicity of actions.
(4) In all enforcement proceedings:
(a) If enforcement depends on any facts other than those appearing in the record, the court may ascertain such facts under procedures set forth in s. 120.68(7)(a).
(b) If one or more petitions for enforcement and a petition for review involving the same agency action are pending at the same time, the court considering the review petition may order all such actions transferred to and consolidated in one court. Each party shall be under an affirmative duty to notify the court when it becomes aware of multiple proceedings.
(c) Should any party willfully fail to comply with an order of the court, the court shall punish that party in accordance with the law applicable to contempt committed by a person in the trial of any other action.
(5) In any enforcement proceeding the respondent may assert as a defense the invalidity of any relevant statute, the inapplicability of the administrative determination to respondent, compliance by the respondent, the inappropriateness of the remedy sought by the agency, or any combination of the foregoing. In addition, if the petition for enforcement is filed during the time within which the respondent could petition for judicial review of the agency action, the respondent may assert the invalidity of the agency action.
(6) Notwithstanding any other provision of this section, upon receipt of evidence that an alleged violation of an agency’s action presents an imminent and substantial threat to the public health, safety, or welfare, the agency may bring suit for immediate temporary relief in an appropriate circuit court, and the granting of such temporary relief shall not have res judicata or collateral estoppel effect as to further relief sought under a petition for enforcement relating to the same violation.
(7) In any final order on a petition for enforcement the court may award to the prevailing party all or part of the costs of litigation and reasonable attorney’s fees and expert witness fees, whenever the court determines that such an award is appropriate.
History.s. 1, ch. 74-310; s. 766, ch. 95-147; s. 36, ch. 96-159.

F.S. 120.69 on Google Scholar

F.S. 120.69 on Casetext

Amendments to 120.69


Arrestable Offenses / Crimes under Fla. Stat. 120.69
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.69.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DR. EMANUEL KONTOS, D. M. D. P. A. v. MENZ,, 136 So. 3d 714 (Fla. Dist. Ct. App. 2014)

. . . already granted to the circuit court, and hence “otherwise exists,” under general law, i.e., section 120.69 . . . While we recognize that Menz did not reference section 120.69 in her petition, we view this error as . . .

N. S. J. S. a v. DEPARTMENT CHILDREN FAMILIES,, 119 So. 3d 558 (Fla. Dist. Ct. App. 2013)

. . . 1994) (holding that the notice requirement is a condition precedent for attorney’s fees from section 120.69 . . .

MORGAN, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, M., 98 So. 3d 651 (Fla. Dist. Ct. App. 2012)

. . . of Environmental Protection diligently prosecuted the petition for enforcement pursuant to section 120.69 . . . In count III, Morgan petitioned for enforcement of the agency action brought pursuant to section 120.69 . . . next address the trial court’s dismissal of Morgan’s enforcement action brought pursuant to section 120.69 . . . department had properly commenced and prosecuted an enforcement action against him pursuant to section 120.69 . . . Florida courts have yet to define the term “diligently prosecuting” contained in section 120.69(l)(b) . . .

MIAMI- DADE COUNTY, WALTHOUR, v. MALIBU LODGING INVESTMENTS, LLC,, 64 So. 3d 716 (Fla. Dist. Ct. App. 2011)

. . . because it appears that the County is not a qualified party seeking agency enforcement under section 120.69 . . . there is no mandate that it comply with the “substantially interested person” requirements of section 120.69 . . . Section 120.69 provides: Enforcement of agency action.— (b) A petition for enforcement of any agency . . . head of the agency concerned, the Attorney General, and any alleged violator of the agency action. § 120.69 . . .

DISCOVERY EXPERIMENTAL AND DEVELOPMENT, INC. a B B T. v. DEPARTMENT OF HEALTH f k a, 824 So. 2d 195 (Fla. Dist. Ct. App. 2002)

. . . Section 120.69(7), Florida Statutes (2000), authorizes the award of costs, reasonable attorney’s fees . . . Section 120.69(7) only requires that the moving party prevail and that the trial court determine that . . . a fee award is “appropriate.” § 120.69(7). . . . to recover reasonable attorney’s fees and costs against each of the defendants, pursuant to section 120.69 . . .

FLORIDA ASSOCIATION OF HEALTH MAINTENANCE ORGANIZATIONS v. STATE DEPARTMENT OF INSURANCE,, 771 So. 2d 1222 (Fla. Dist. Ct. App. 2000)

. . . Violations of this Order are enforceable under Section 120.69, Florida Statutes. . . .

GORTZ, LLP, f k a LLP, LLP, f k a LLP, v. LYTAL, REITER, CLARK, SHARPE, ROCA, FOUNTAIN WILLIAMS, a J. a, 769 So. 2d 484 (Fla. Dist. Ct. App. 2000)

. . . Palm Beach County, 458 So.2d 1178, 1180 (Fla. 4th DCA 1984) (allowing a third-party claim in section 120.69 . . .

CITY OF HOMESTEAD, v. L. JOHNSON,, 760 So. 2d 80 (Fla. 2000)

. . . The City has requested the Court review the PSC's authority to issue attorney's fees under section 120.69 . . .

MATHIS, Jr. v. FLORIDA DEPARTMENT OF CORRECTIONS,, 726 So. 2d 389 (Fla. Dist. Ct. App. 1999)

. . . We express no opinion on the availability of enforcement proceedings under sections 120.69 and 447.5035 . . .

AVENUE LANDFILL, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 712 So. 2d 2 (Fla. Dist. Ct. App. 1998)

. . . See § 120.69, Fla. Stat. (1995). . . . also argued that the court could determine whether the penalties were “inappropriate” Under section 120.69 . . . Both cases held that in an enforcement proceeding, section 120.69 expressly authorizes the court to review . . . Moreover, the department’s complaint stated that it was brought pursuant to section 120.69. . . . Here, the consent order specifically provided that section 120.69 would govern its enforcement. . . .

J. HILL, v. DIVISION OF RETIREMENT,, 687 So. 2d 1376 (Fla. Dist. Ct. App. 1997)

. . . benefits, the dismissal affected the petitioner’s substantial interests within the meaning of section 120.69 . . .

A COMMUNITY HEALTH, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 683 So. 2d 643 (Fla. Dist. Ct. App. 1996)

. . . availability of a statutory remedy for the enforcement of a previous administrative order under section 120.69 . . .

CITY OF ST. PETERSBURG, v. A. BOWEN, A., 675 So. 2d 626 (Fla. Dist. Ct. App. 1996)

. . . 5) An order entered under subsection (3) may be enforced pursuant to the procedures contained in s. 120.69 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. CORDES,, 644 So. 2d 609 (Fla. Dist. Ct. App. 1994)

. . . Leonard Cordes brought an action under section 120.69, Florida Statutes (1991), seeking to enforce a . . . Although attorney’s fees are recoverable in section 120.69 proceedings, a notice requirement is imposed . . .

SOUTH LAKE WORTH INLET DISTRICT, v. TOWN OF OCEAN RIDGE TOWN OF MANALAPAN J. L. C. H. v. TOWN OF OCEAN RIDGE PALM BEACH COUNTY, v. TOWN OF OCEAN RIDGE, 633 So. 2d 79 (Fla. Dist. Ct. App. 1994)

. . . See § 120.69(l)(b), Fla.Stat. (1991). . . . .

STUART, v. STATE L. MILLER,, 629 So. 2d 288 (Fla. Dist. Ct. App. 1993)

. . . reversal is required because there was never “agency action” which could be enforced under Section 120.69 . . . Section 120.69 creates a method for enforcement of agency actions, and states that “[a] petition for . . . enforcement of any agency action may be filed by any substantially interested person.” § 120.69(l)(b) . . . In this case, there was no “agency action” which Miller could enforce by way of a Section 120.69 petition . . . As such, there was no “order”, and consequently, no “agency action” upon which to base a Section 120.69 . . .

STATE v. SCM GLIDCO ORGANICS CORPORATION, 592 So. 2d 710 (Fla. Dist. Ct. App. 1991)

. . . forth in the Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 . . .

STATE DEPARTMENT OF COMMUNITY AFFAIRS, v. DIVISION OF ADMINISTRATIVE HEARINGS, LEE COUNTY, d b a, 588 So. 2d 272 (Fla. Dist. Ct. App. 1991)

. . . circuit court has jurisdiction to enforce agency action pursuant to a petition properly filed under § 120.69 . . .

FLORIDA SUGAR CANE LEAGUE, Co. S. D. v. STATE, 580 So. 2d 846 (Fla. Dist. Ct. App. 1991)

. . . Stat. (1987) (judicial review); § 120.69, Fla. . . .

W. BROWNING, A. S. R. B. v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 574 So. 2d 188 (Fla. Dist. Ct. App. 1991)

. . . On January 14, 1987, pursuant to section 120.69, the Division filed a pleading entitled “Petition to . . . intend to improperly limit an agency’s right to seek enforcement of its orders pursuant to section 120.69 . . . could be reviewed by the circuit court in subsequent proceedings to enforce that order under section 120.69 . . . In an enforcement proceeding pursuant to section 120.69, however, the circuit court is expressly authorized . . . to adjudicate whether the penalty sought to be enforced is appropriate under the circumstances. § 120.69 . . .

A PROFESSIONAL NURSE, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, St. s, 519 So. 2d 1061 (Fla. Dist. Ct. App. 1988)

. . . a discovery order was to file a petition for enforcement in the circuit court, pursuant to section 120.69 . . . discovery issued upon the authority of this act by filing a petition for enforcement, pursuant to s. 120.69 . . .

GULF COAST HOME HEALTH SERVICES OF FLORIDA, INC. FAHHA, v. STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 513 So. 2d 704 (Fla. Dist. Ct. App. 1987)

. . . dismissing with prejudice Gulf Coast’s Amended Petition to Enforce Final Order pursuant to Section 120.69 . . . initiation of the necessary predicate to a petition for enforcement of agency action under Section 120.69 . . . On July 17, 1986, pursuant to Section 120.69, Gulf Coast filed a petition to enforce final order in the . . . court entered the appealed order dismissing with prejudice both the amended petition under Section 120.69 . . . Accordingly, the circuit court’s order dismissing appellant’s Section 120.69 enforcement action and the . . .

GREENE, v. CARSON,, 515 So. 2d 1007 (Fla. Dist. Ct. App. 1987)

. . . Greene appeals from a final order dismissing his action to enforce, pursuant to Section 120.69, Florida . . . action in circuit court seeking enforcement of the Board’s reinstatement order pursuant to Section 120.69 . . . The Administrative Procedure Act provides, via Section 120.69, a statutory remedy available to a substantially . . . Sack, 212 So.2d 819 (Fla. 1st DCA 1968) is supportive of his position that Section 120.69 is available . . . The lower court was clearly correct in ruling that the Section 120.69 enforcement mechanism was unavailable . . .

GULF COAST HOME HEALTH SERVICES OF FLORIDA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, GULF COAST HOME HEALTH SERVICES OF FLORIDA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES GULF COAST HOME HEALTH SERVICES OF FLORIDA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES d b a GULF COAST HOME HEALTH SERVICES OF FLORIDA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES St., 503 So. 2d 415 (Fla. Dist. Ct. App. 1987)

. . . Gulf Coast Home Health Services, Inc., filed a petition in circuit court pursuant to section 120.69, . . .

B. GLENN, D. D. S. v. STATE DEPARTMENT OF PROFESSIONAL REGULATION, 495 So. 2d 844 (Fla. Dist. Ct. App. 1986)

. . . In a petition brought pursuant to Section 120.69, Florida Statutes (Supp.1984), to enforce a final agency . . .

STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, v. S. K. CUTLIP, INC., 484 So. 2d 1378 (Fla. Dist. Ct. App. 1986)

. . . as a contract between it and the Developer and sought declaratory relief under sections 86.021 and 120.69 . . .

DEPARTMENT OF PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, v. S. PARISER, C., 483 So. 2d 28 (Fla. Dist. Ct. App. 1985)

. . . .-227(2), and additional means of enforcement through Section 120.69, however, there is no statutory . . .

CASINES, v. MURCHEK, III, L. CASINES, v. MURCHEK, III, L., 766 F.2d 1494 (11th Cir. 1985)

. . . . § 120.69 (West 1982), Casines commenced an action in a state circuit (trial) court seeking enforcement . . . In the alternative, Wainwright argues that section 120.69 provides Casines with an adequate state remedy . . . Second, Casines contends that section 120.69 does not provide her an adequate post-deprivation remedy . . . Ann. § 120.69(2). . . . Section 120.69 provides: (1) Except as otherwise provided by statute: (b) A petition for enforcement . . .

STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, HRS, v. STATE G. J. A. E. C. T. A. Jr. W. H. S. E. T. Jr., 472 So. 2d 790 (Fla. Dist. Ct. App. 1985)

. . . other Institutional Security Specialists covered by the initial administrative order .... ” Section 120.69 . . . without applicability to appel-lees they are not substantially interested persons authorized to bring a § 120.69 . . .

HILLSBOROUGH COUNTY HOSPITAL AUTHORITY, d b a v. TAMPA HEART INSTITUTE UNIVERSITY COMMUNITY HOSPITAL, v. TAMPA HEART INSTITUTE, St. s, 472 So. 2d 748 (Fla. Dist. Ct. App. 1985)

. . . Tampa General construes Great American as holding that section 120.58(3) requires the resort to section 120.69 . . . We conclude that the resort to section 120.69 for enforcement of orders arising under section 120.58( . . . While section 120.69 also provides for enforcement of “agency action,” the only resort to section 120.69 . . .

STATE PETTENGILL, v. COPELAN,, 466 So. 2d 1133 (Fla. Dist. Ct. App. 1985)

. . . On the second issue, § 120.69(5), Florida Statutes, provides that the defending party in a circuit court . . . Appellants have not pursued such relief and, since § 120.69 is available only for the enforcement of, . . . Appellants claimed attorney’s fees and costs pursuant to § 120.69, Florida Statutes. . . . Section 120.69(7) provides that the court may award costs and fees, if appropriate, to the prevailing . . . Appellants did not prevail on their enforcement claim, and we note that § 120.69(7) merely authorizes . . .

G. M. HOLLINGSWORTH, v. DEPARTMENT OF ENVIRONMENTAL REGULATION,, 466 So. 2d 383 (Fla. Dist. Ct. App. 1985)

. . . Section 120.69(3) provides that: After the Court has rendered judgment on a petition for enforcement, . . . And § 120.69(3) neither expressly, nor by implication, prohibits an administrative order, in a permissible . . .

PARISER v. DEPARTMENT OF PROFESSIONAL REGULATION FOWLER v. DEPARTMENT OF PROFESSIONAL REGULATION, 10 Fla. Supp. 2d 177 (Fla. Div. Admin. Hearings 1985)

. . . In addition, Section 120.69, Florida Statutes, authorizes an agency to seek enforcement of its orders . . .

CENTURY UTILITIES, INC. v. PALM BEACH COUNTY,, 458 So. 2d 1178 (Fla. Dist. Ct. App. 1984)

. . . procedurally appropriate for a respondent in an enforcement proceeding brought pursuant to Section 120.69 . . . Department filed a petition for enforcement, seeking damages and other relief, pursuant to Section 120.69 . . . We find nothing in the rules “specifically providing] to the contrary” with reference to Section 120.69 . . . A final point of contention between the parties relates to the language of the statute, Section 120.69 . . . It seems reasonably clear that the statute (Section 120.69) does not itself specifically exclude the . . .

FUN AND FROLIC, INC. d b a s v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 457 So. 2d 509 (Fla. Dist. Ct. App. 1984)

. . . action, and failure to abide by said agreement would subject appellant to the provisions of section 120.69 . . .

PARADYNE CORPORATION, a v. H. MILLER, 455 So. 2d 432 (Fla. Dist. Ct. App. 1984)

. . . We find that the circuit court had jurisdiction pursuant to section 120.69, Florida Statutes (1981). . . . Although the complaint in this case was not filed under section 120.69, Florida Statutes, and it does . . . not strictly comply with the requirements of section 120.69, the allegations are sufficient to allow . . . us to treat it as an action under section 120.69. . . . The circuit court is only authorized to enforce the DOT permit under section 120.69. . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. M. BROWN,, 449 So. 2d 908 (Fla. Dist. Ct. App. 1984)

. . . In a Section 120.69(5) enforcement proceeding the court may find, as it did here, that an agency action . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . Statutes (1981), and alternative petition for enforcement of agency action filed pursuant to section 120.69 . . . /or institute an administrative action to enforce DER’s related rules and regulations under section 120.69 . . . SECTION 120.69(l)(a) PETITION FOR ENFORCEMENT OF AGENCY ACTION . . . . The Relevant Statutory Provisions With respect to enforcement of agency action, section 120.69(l)(a), . . . Therefore, we hold only DER can sue under section 120.69(l)(a). . . .

TOWN OF PEMBROKE PARK, a v. STATE HEALY, PUBLIC EMPLOYEES RELATIONS COMMISSION, v. TOWN OF PEMBROKE PARK, a, 446 So. 2d 198 (Fla. Dist. Ct. App. 1984)

. . . order because the circuit court has jurisdiction 'over enforcement proceedings pursuant to Sections 120.69 . . .

L. CASTIGLIA, v. DIVISION OF RETIREMENT, STATE DEPARTMENT OF ADMINISTRATION,, 442 So. 2d 1007 (Fla. Dist. Ct. App. 1983)

. . . circuit court proceeding seeking the enforcement of [the Commission’s final order] pursuant to Section 120.69 . . . is no justification for such a narrow construction of the Commission’s jurisdiction, and a Section 120.69 . . .

CITIZENS OF STATE v. PUBLIC SERVICE COMMISSION, 425 So. 2d 534 (Fla. 1982)

. . . The other is that the agency’s decision may not be enforced under section 120.69 until it is reduced . . .

DARDEN v. POLICE AND FIRE CIVIL SERVICE BOARD, CITY OF RIVIERA BEACH,, 423 So. 2d 541 (Fla. Dist. Ct. App. 1982)

. . . Service Board of Riviera Beach, appellee herein, filed a Petition for Enforcement, pursuant to section 120.69 . . .

B. DOYAL, v. SCHOOL BOARD OF LIBERTY COUNTY, a k a a, 415 So. 2d 791 (Fla. Dist. Ct. App. 1982)

. . . Appellant further contends the trial court should have awarded her an attorney’s fee under Section 120.69 . . .

PIEZO TECHNOLOGY Co. Co. v. SMITH,, 413 So. 2d 121 (Fla. Dist. Ct. App. 1982)

. . . Section 120.69(1), Florida Statutes. . . . Section 120.69(2) provides the following remedies: A petition for enforcement may request declaratory . . . enforcing the deputy’s determination and request also the wide variety of remedies provided by Section 120.69 . . .

COMMUNITIES FINANCIAL CORPORATION, a v. FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION,, 416 So. 2d 813 (Fla. Dist. Ct. App. 1982)

. . . judgment which, among other things, denied their claim for attorney’s fees under Sections 57.105 and 120.69 . . . the release of the escrowed funds, denied CFC’s motion for attorney’s fees under Sections 57.105 and 120.69 . . .

GREAT AMERICAN BANKS, INC. L. v. DIVISION OF ADMINISTRATIVE HEARINGS, DEPARTMENT OF ADMINISTRATION, 412 So. 2d 373 (Fla. Dist. Ct. App. 1981)

. . . The method specified is filing a petition for the enforcement in circuit court, pursuant to § 120.69, . . . the Department can immediately make application to the circuit court for enforcement pursuant to § 120.69 . . . At that time, the Department may promptly apply to the circuit court for enforcement pursuant to § 120.69 . . .

PATSY, v. FLORIDA INTERNATIONAL UNIVERSITY, a, 634 F.2d 900 (5th Cir. 1981)

. . . See Fla.Stat.Ann. 120.69. . . . .

RAMSEY NURSING FACILITIES, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 391 So. 2d 795 (Fla. Dist. Ct. App. 1980)

. . . Citing Section 120.69(l)(a), Florida Statutes, which provides that a petition for enforcement may only . . .

DEPARTMENT OF ENVIRONMENTAL REGULATION, v. WHITFIELD,, 382 So. 2d 89 (Fla. Dist. Ct. App. 1980)

. . . See Section 120.69(5), Florida Statutes (1979); State ex rel Department of General Services v. . . .

GRAHAM CONTRACTING, INC. v. DEPARTMENT OF GENERAL SERVICES,, 363 So. 2d 810 (Fla. Dist. Ct. App. 1978)

. . . See also Section 120.69(l)(b). . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. BARR, M. D., 369 So. 2d 595 (Fla. Dist. Ct. App. 1978)

. . . Section 120.69(1), Florida Statutes (1977). . . .

DEPARTMENT OF ENVIRONMENTAL REGULATION v. BRUNO, 44 Fla. Supp. 205 (Bradford Cty. Cir. Ct. 1976)

. . . Section 120.52(2) states that “agency action” is the whole or part of an order of the agency. (5) Section 120.69 . . . Section 120.69(5) provides — “In any enforcement proceeding the respondent may assert as a defense the . . . action” before the District Court of Appeal, it is the court’s opinion that the legislature by enacting §120.69 . . . To construe the language of, §120.69(5) in some other fashion would be to hold that the circuit courts . . . petition for enforcement present questions of law and fact which exceed the limitations set forth in §120.69 . . .

ERNST HENRY SCHULTZ, JR. AND JAMES VERNOR DUNBAR, CO- PARTNERS D B A GENERAL CANVAS COMPANY v. THE UNITED STATES, 142 Ct. Cl. 551 (Ct. Cl. 1958)

. . . amount chargeable to the plaintiffs for excessive usage of Government-furnished material is the sum of $120.69 . . .