Hearing Officer analysis (Florida) · Go Syfert
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Hearing Officer analysis in Florida

7 Florida opinions name it 1 courts 1981–2006 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Benardo v. DOR EX REL. REILLYgreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Benardo v. Dep't of Revenue, 819 So.2d 161, 164-64 (Fla. 4th DCA 2002).

11
Brod v. Jernigangreen
fladistctapp · 1966 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992However, in doing so, we note our agreement with the hearing officer that the violation of Section 475.25(1)(e) was "minimal [and] technical ... arising from changes in statutes." We also believe that it is appropriate to set out the following quotation from Brod v. Jernigan, 188 So.2d 575, 581 (Fla. 2d DCA 1966), a case bearing many similarities to that now before us: Chapter 475 vests in the Florida Real Estate Commission a broad discretionary power and authority to supervise the privileged business of real estate broker and to deal firmly with those engaged in it, even to the point of takin

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Holmes v. Turlington green
fladistctapp · 1985
1 sentence

1999Holmes, 480 So.2d at 152 .

11999–1999
Adam Smith Enterprises, Inc. v. STATE, DEPT. OF ENV. REG. green
fladistctapp · 1989
2 sentences

1995In Adam Smith Enterprises, Inc. v. Department of Environmental Regulation, 553 So.2d 1260 (Fla. 1st DCA 1989), this court explained that the Hearing Officer's standard of review of an agency rule in a section 120.56 rule challenge "is whether the rule constitutes an invalid exercise of legislative authority, as that phrase is defined in Section 120.52(8) ..." Id. at 1274 n. 23.

1995In Adam Smith Enterprises, Inc. v. Department of Environmental Regulation, 553 So.2d 1260 (Fla. 1st DCA 1989), this court explained that the Hearing Officer's standard of review of an agency rule in a section 120.56 rule challenge "is whether the rule constitutes an invalid exercise of legislative authority, as that phrase is defined in Section 120.52(8) ..." Id. at 1274 n. 23.

11995–1995
Coca-Cola Co., Food Division v. State, Dept. green
fla · 1981
1 sentence

1985Coca-Cola Co. v. State, Dept. of Citrus, 406 So.2d 1079 (Fla. 1982).

11985–1985
Department of Corrections v. Adams green
fladistctapp · 1984
2 sentences

1985While we would note the logic of the Hearing Officer's analysis of the law in both cases, neither Hearing Officer had the benefit of this court's recent decision in Department of Corrections v. Adams, 458 So.2d 354 (Fla. 1st DCA 1984).

1985In that case, it was held that "individual prisons are not agencies" and, thus, "enactments at the prison level are not subject to attack pursuant to chapter 120, Florida Statutes." Id. at 356 .

11985–1985
Florida Canners Ass'n v. State, Dept. of Citrus green
fladistctapp · 1979
1 sentence

1985DNR, on the other hand, argues that section 120.59(2) does not require the hearing officer to rule separately on each proposed finding submitted in a rule challenge proceeding because the requirements of that statute are inapplicable to rule challenges, citing Florida Canners Ass'n v. State, Dept. of Citrus, 371 So.2d 503 (Fla. 2d DCA 1979), aff'd on other grounds sub nom.

11985–1985
School Bd. of Orange County v. Palowitch green
fladistctapp · 1979
1 sentence

1981In another context, the Commission has held that waiver must be "clear and unmistakable." Palowitch v. Orange County School Board, 3 FPER 280, 282 (1977), aff'd, 367 So.2d 730 (Fla. 4th DCA 1979).

11981–1981

Statutes the citing opinions construe

FL § 120.57 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 35 (1985–2022) PA 8 (2001–2026) FL 7 (1981–2006) CA 5 (2007–2018) AZ 3 (1975–2001) ME 3 (1999–2018) NM 3 (1997–2007) KS 2 (2006–2022) NE 2 (2018–2018) CT 2 (1995–1997) MI 2 (1971–1996) LA 2 (1997–1998) WA 2 (2009–2009) MA 2 (2001–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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