written request hearing in Florida

2025We start with the basic premise that “[a]ny person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.” Aleong v. State, Dep’t of Bus. & Prof’l Regul., 963 So. 2d 799, 801 (Fla. 4th DCA 2007) (quoting Fla. Admin.

2014Regulation, 98 So.3d 189, 191 (Fla. 1st DCA 2012) (holding that when Wojnowski “failed to timely seek an administrative hearing to challenge the facts supporting OFR’s intended action, he waived any further opportunity to do so,” citing Florida Administrative Code Rule 28-106.111(4)); Diaz v. State, Dep’t of Bus. & Prof’l Regulation, 21 So.3d 919, 920 (Fla. 3d DCA 2009) (holding that any person who receives written notice of an agency decision that does or may determine substantial interests and who fails to file a written request for a hearing within 21 days waives the right to request a hear

2019Regulation, 98 So. 3d 189, 191 (Fla. 1st DCA 2012) (holding that the appellant, by failing to timely seek an administrative hearing to challenge the facts supporting the appellee’s intended action, waived any further opportunity to do so); Aleong v. State, Dep’t of Bus. & Prof’l Regulation, 963 So. 2d 799, 801-02 (Fla. 4th DCA 2007) (upholding the Board of Veterinary Medicine’s order granting the Department’s Motion for Waiver of Rights filed after the appellant failed to make a timely request for a hearing to dispute the Department’s allegations); Autoworld of Am.

2014Regulation, 98 So.3d 189, 191 (Fla. 1st DCA 2012) (holding that when Wojnowski “failed to timely seek an administrative hearing to challenge the facts supporting OFR’s intended action, he waived any further opportunity to do so,” citing Florida Administrative Code Rule 28-106.111(4)); Diaz v. State, Dep’t of Bus. & Prof’l Regulation, 21 So.3d 919, 920 (Fla. 3d DCA 2009) (holding that any person who receives written notice of an agency decision that does or may determine substantial interests and who fails to file a written request for a hearing within 21 days waives the right to request a hear

2026Code 28-106.111(4) (“Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.”); Nicks v. Dep’t of Bus. & Pro., etc., 957 So. 2d 65 , 66 n.1 (Fla. 5th DCA 2007) (“When a party waives the right to challenge the factual allegations of an administrative complaint, either by requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond to the complaint at all, the facts of the complaint are deemed to be admitted. “); § 489.129(1)

2018See BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-Jacques, 28 So. 3d 936, 938 (Fla. 2d DCA 2010) ("When exhibits are attached to a complaint, the contents of the exhibits control over the allegations of the complaint.").

2014Corp. v. Dep’t of Highway Safety, 754 So.2d 76, 77 (Fla. 3d DCA 2000) (“In order to challenge the factual basis of the complaint, it would have been necessary for Autoworld to request a formal hearing under subsection 120.57(1).”).

2014Regulation, 98 So.3d 189, 191 (Fla. 1st DCA 2012) (holding that when Wojnowski “failed to timely seek an administrative hearing to challenge the facts supporting OFR’s intended action, he waived any further opportunity to do so,” citing Florida Administrative Code Rule 28-106.111(4)); Diaz v. State, Dep’t of Bus. & Prof’l Regulation, 21 So.3d 919, 920 (Fla. 3d DCA 2009) (holding that any person who receives written notice of an agency decision that does or may determine substantial interests and who fails to file a written request for a hearing within 21 days waives the right to request a hear

1986See also Insurance Co. of Pennsylvania v. Estate of Guzman, 421 So.2d 597, 605 (Fla. 4th DCA 1982) (“[n]o purpose would have been served by requiring the lawyer to file a written request for an instruction which the judge already stated she would not give”).

1985See Jackson v. Harsco Corp., 364 So.2d 808 (Fla. 3d DCA 1978), cert. denied, 376 So.2d 72 (Fla.1979); Ellis v. Golcondo Corp., 352 So.2d 1221 (Fla. 1st DCA 1977), cert. denied, 365 So.2d 714 (Fla.1978).

1968Opportunity shall be given to make the objection out of the hearing of the jury." (Emphasis supplied.) Under our interpretation of the cases of Brown v. State, Fla. 1968, 206 So.2d 377 , and Hand v. State, Fla. 1967, 199 So.2d 100 , a written request for an instruction on a lesser included offense is unnecessary, provided the trial counsel orally requests the instruction and the judge refuses to give it.