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7 Florida opinions name it 1 courts 2012–2026 2 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.
| Case | Followed | Cited |
|---|---|---|
Stinson v. Winngreen1 sentence2026Stinson v. Winn, 938 So. 2d 554, 555 (Fla. 1st DCA 2006); see § 120.57(1)(l), Fla. Stat. (declaring that an agency may not reject or modify an ALJ’s findings of fact “unless the agency first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with 8 essential requirements of law”). | 1 | 1 |
Environmental Trust v. Stategreen1 sentence2018Prot., 714 So. 2d 493, 498-99 (Fla. 1st DCA 1998) (holding that an agency statement explaining “how an existing rule of general applicability will be applied in a particular set of facts” is not itself an unadopted rule and does not require agency rulemaking). | 1 | 1 |
Dept. of Revenue v. US Sugar Corp.green1 sentence2018The Department’s memo constitutes a “rule” because it is a statement of general applicability that implements and interprets the law. § 120.52(16), Fla. Stat. And it constitutes an “unadopted rule” because rulemaking procedures weren’t followed, and it is not “readily apparent” from the statute itself that non-homogenized, whole leaf blunt wraps can be taxed as “loose tobacco suitable for smoking.” Cf. Dep’t of Revenue v. U.S. Sugar Corp., 388 So. 2d 596, 598 (Fla. 1st DCA 1980) (concluding that an agency-adopted policy distinction was not “readily apparent” in the statute and constituted an u | 1 | 1 |
Coventry First, LLC v. State, Office of Insurance Regulationgreen1 sentence2018Regulation, 38 So. 3d 200, 203 (Fla. 1st DCA 2010) (quoting Dep’t of Revenue v. Vanjaria Enters., Inc., 675 So. 2d 252, 255 (Fla. 5th DCA 1996)). | 1 | 1 |
Department of Revenue v. Vanjaria Enterprisesgreen1 sentence2018Regulation, 38 So. 3d 200, 203 (Fla. 1st DCA 2010) (quoting Dep’t of Revenue v. Vanjaria Enters., Inc., 675 So. 2d 252, 255 (Fla. 5th DCA 1996)). | 1 | 1 |
Florida Quarter Horse Track Ass'n v. State, Department of Business & Professional Regulation, Division of Parimutuel Wageringgreen1 sentence2017See Fla. Quarter Horse Track Ass'n v. Dep’t of Bus. & Prof'l Reg., 133 So.3d 1118 (Fla. 1st DCA 2014). | 1 | 1 |
Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.green1 sentence2015See Lennar Homes, Inc. v. Dep’t of Bus. & Prof'l Reg., 888 So.2d 50, 53-54 (Fla. 1st DCA 2004). | 1 | 1 |
Department of Highway Safety v. Schlutergreen1 sentence2014A "rule” is "each agency statement of general applicability that implements, interprets, or prescribes law or policy.” § 120.52(16), Fla. Stat.; see also Dep’t of Highway Safety & Motor Vehicles v. Schluter, 705 So.2d 81 (Fla. 1st DCA 1997) (holding that policies governing employee misconduct that applied without exception were unadopt-ed rules); McCarthy v. Dep’t of Ins. and Treasurer, 479 So.2d 135 (Fla. 2d DCA 1985) (holding that a letter from the fire marshal setting out requirements for obtaining fire inspector certification constituted an una-dopted rule); Dep’t of Admin. v. Harvey, 356 | 1 | 1 |
Florida Department of Financial Services v. Capital Collateral Regional Counsel-Middle Regiongreen1 sentence2012Servs. v. Capital Collateral Reg’l Counsel-Middle Region, 969 So.2d 527, 531 (Fla. 1st DCA 2007) (noting that agencies routinely engage in investigations to determine whether a licensee has violated the law and explaining that “merely conducting and reporting on an investigation does not amount to promulgating a rule which can be preemptively challenged [as an unadopted rule] prior to any attempt by an agency at enforcement”); Envtl. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
GRABBA-LEAF, LLC v. Department of Business and Professional etc.
green
1 sentence2026“If an agency statement meets the definition of a rule, but hasn’t been adopted as a rule under chapter 120, then it is considered an unadopted rule.” Id. (citation modified). | 1 | 2026–2026 |
AHCA v. Custom Mobility, Inc.
green
2 sentences2018In Agency for Health Care Administration v. Custom Mobility, Inc., 995 So. 2d 984 (Fla. 1st DCA 2008), we applied the McDonald’s language to hold that a formula for calculating overpayments in audits was not an unadopted rule. 995 So. 2d at 986 . 2018In Agency for Health Care Administration v. Custom Mobility, Inc., 995 So. 2d 984 (Fla. 1st DCA 2008), we applied the McDonald’s language to hold that a formula for calculating overpayments in audits was not an unadopted rule. 995 So. 2d at 986 . | 1 | 2018–2018 |
Brandy's Products, Inc. v. Department of Business & Professional Regulation
green
1 sentence2018I respectfully dissent because I conclude that the Administrative Law Judge did not err in holding that the agency’s memorandum was not an unadopted rule, but rather merely announced this Court’s ruling in Brandy’s Products, Inc. v. Department of Business & Professional Regulation, 188 So. 3d 130 (Fla. 1st DCA 2016), and adhered to the plain meaning of the taxing statute. | 1 | 2018–2018 |
STATE, DEPT. OF ADMINSTRATION v. Stevens
green
1 sentence2014A "rule” is "each agency statement of general applicability that implements, interprets, or prescribes law or policy.” § 120.52(16), Fla. Stat.; see also Dep’t of Highway Safety & Motor Vehicles v. Schluter, 705 So.2d 81 (Fla. 1st DCA 1997) (holding that policies governing employee misconduct that applied without exception were unadopt-ed rules); McCarthy v. Dep’t of Ins. and Treasurer, 479 So.2d 135 (Fla. 2d DCA 1985) (holding that a letter from the fire marshal setting out requirements for obtaining fire inspector certification constituted an una-dopted rule); Dep’t of Admin. v. Harvey, 356 | 1 | 2014–2014 |
McCarthy v. Dept. of Ins. & Treasurer
green
1 sentence2014A "rule” is "each agency statement of general applicability that implements, interprets, or prescribes law or policy.” § 120.52(16), Fla. Stat.; see also Dep’t of Highway Safety & Motor Vehicles v. Schluter, 705 So.2d 81 (Fla. 1st DCA 1997) (holding that policies governing employee misconduct that applied without exception were unadopt-ed rules); McCarthy v. Dep’t of Ins. and Treasurer, 479 So.2d 135 (Fla. 2d DCA 1985) (holding that a letter from the fire marshal setting out requirements for obtaining fire inspector certification constituted an una-dopted rule); Dep’t of Admin. v. Harvey, 356 | 1 | 2014–2014 |
State, Dept. of Admin., Etc., Person. v. Harvey
green
1 sentence2014A "rule” is "each agency statement of general applicability that implements, interprets, or prescribes law or policy.” § 120.52(16), Fla. Stat.; see also Dep’t of Highway Safety & Motor Vehicles v. Schluter, 705 So.2d 81 (Fla. 1st DCA 1997) (holding that policies governing employee misconduct that applied without exception were unadopt-ed rules); McCarthy v. Dep’t of Ins. and Treasurer, 479 So.2d 135 (Fla. 2d DCA 1985) (holding that a letter from the fire marshal setting out requirements for obtaining fire inspector certification constituted an una-dopted rule); Dep’t of Admin. v. Harvey, 356 | 1 | 2014–2014 |
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.