green
Positive treatment
Quoted verbatim 2×
27.2 score
“hen an officer or agency is exercising power derived from the constitution, the resulting decision is not one that is made by an agency as defined in the administrative procedure act.”
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012
2019
2026
Top citers, strongest first. 8 distinct citers.
discussed
Cited as authority (verbatim quote)
Sylvain v. Florida Agricultural & Mechanical University Board of Trustees
in this circumstance, appellate review is a matter of right, as it would be in the case of a plenary appeal.
discussed
Cited as authority (quoted)
Jeffrey Koeppel v. District Board of Trustees of Valencia College, Florida
(2×)
also: Cited as authority (rule)
hen an officer or agency is exercising power derived from the constitution, the resulting decision is not one that is made by an agency as defined in the administrative procedure act.
discussed
Cited as authority (rule)
Ninja Academy, Inc. D/B/A Champions Unite v. Department of Agriculture and Consumer Services, Division of Food, Nutrition, and Wellness
Fla., 85 So. 3d 571, 574 (Fla. 1st DCA 2012) (treating a notice of appeal as a petition for writ of certiorari and transferring to circuit court).
discussed
Cited as authority (rule)
LIGHTSEY CATTLE COMPANY v. FLORIDA FISH AND WILDLIFE CONSERVATIVE COMMISSION
(2×)
also: Cited "see, e.g."
Florida, 85 So. 3d 571, 573 (Fla. 1st DCA 2012) (“A decision is reviewable by appeal to a district court of appeal under the general provisions of the Administrative Procedure Act only if the person or entity rendering the decision falls within the statutory definition of an agency.
discussed
Cited as authority (rule)
Rivera v. University of South Florida St. Petersburg
Fla., 85 So.3d 571, 574 (Fla. 1st DCA 2012) (concluding that review of a disciplinary determination made by a state university is properly sought by certiorari petition in the circuit court); Couchman v. *364 Univ. of Cent Fla., 84 So.3d 445, 449-50 (Fla. 5th DCA 2012) (same).
discussed
Cited as authority (rule)
Florida Carry, Inc. v. University of North Florida
This distinction is recognized in section 120.52(1), Florida Statutes, (2011), which defines an agency as officers or entities “acting pursuant to powers other than those derived from the constitution.” As we have previously explained, “[t]he significance of this limitation is clear: when an officer or agency is exercising power derived from the constitution, the resulting decision is not one that is made by an agency as defined in the Administrative Procedure Act.” Decker v. University of West Florida, 85 So.3d 571, 573 (Fla. 1st DCA 2012).
discussed
Cited "see"
Hussey v. University of Florida Board of Trustees
See Decker v. University of West Fla., 85 So.3d 571 (Fla. 1st DCA 2012) (holding that review of quasi-judicial decision of administrative body not subject to the Administrative Procedure Act is by petition for writ of certiorari to the circuit court).
discussed
Cited "see"
Thomas W. Hussey v. University of Florida Board of Trustees, etc.
See Decker v. University of West Fla., 85 So. 3d 571 (Fla. 1st DCA 2012) (holding that review of quasi-judicial decision of administrative body not subject to the Administrative Procedure Act is by petition for writ of certiorari to the circuit court).
Carlton Lucius GOODSON, Appellant,
v.
STATE of Florida, Appellee.
v.
STATE of Florida, Appellee.
1D11-2742.
District Court of Appeal of Florida, First District.
Apr 19, 2012.
Robert A. Harper, Jr., and Robert A. Harper, III, of Harper & Harper Law Firm, P.A., Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
AFFIRMED. See Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011).
PADOVANO, LEWIS, and WETHERELL, JJ., concur.