Florida Statutes

Fla. Stat. § 120.50 (2025)

Exception to application of chapter.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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120.50 Exception to application of chapter.—This chapter shall not apply to:

(1) The Legislature.

(2) The courts.

History.—s. 1, ch. 74-310; s. 3, ch. 77-468; s. 1, ch. 78-162.

Notes of Decisions

Cited in 26 cases (4 in the last 5 years), 1976–2024 · leading case: Sch. Bd. of Palm Beach Cnty. v. Survivors Charter Schs., Inc., 3 So. 3d 1220 (Fla. 2009).

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Sch. Bd. of Palm Beach Cnty. v. Survivors Charter Schs., Inc., 3 So. 3d 1220 (Fla. 2009). · cites it 2× “”); § 120.50, Fla. Stat. (2005) (indicating that the Legislature and courts are exempt from application of the APA).”

Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). · cites it 2× “Moreover, the Commission is not excluded from the Act's scope under Section 120.50 [2] or otherwise. [3] Compare Comer v.”

Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). “It is elementary that the Administrative Procedure Act (APA), §§ 120.50-891, Fla. Stat. (2011), and other pertinent statutes do not preordain the substance of all decisions made by agencies regarding rule-making.”

Gen. Tel. Co. of Fla. v. FLA. PUB. SERV. COM'N, 446 So. 2d 1063 (Fla. 1984). “§§ 120.50-.73, Fla. Stat. (1981). On October 8, 1982, the PSC issued an order proposing rulemaking pursuant to section 120.”

Graham v. Schweiker, 545 F. Supp. 625 (S.D. Fla. 1982). · cites it 2× “After the new regulations were published, Florida began proceedings to amend its own regulations to conform with the new federal guidelines, but according to the plaintiff Florida’s own Administrative Procedure Act, Fla.Stat. § 120.50 et seq., prevents the State from…”

Asi, Inc. v. Florida Pub. Serv. Comm'n, 334 So. 2d 594 (Fla. 1976). “ASI filed a petition for reconsideration, which the Commission denied after hearing argument by the parties, one commissioner dissenting. Order No. 12322. ASI sought review in this Court of the Commission's orders by filing a petition for writ of certiorari here.”

United States v. South Florida Water Mgmt. Dist., 847 F. Supp. 1567 (S.D. Fla. 1992). · cites it 2× “Second, and more important from the standpoint of the Cities and the Farm Interests, the Agreement is not self-executing, but rather is subject to Florida’s Administrative Procedures Act (“APA”), Fla.Stat. § 120.50 (1991) et seq., which affords affected parties the opportunity…”

State v. Bodden, 872 So. 2d 916 (Fla. 2d DCA 2002). “See § 120.50, Fla. *918 Stat. (2000). The State argues that only a test to determine the alcoholic content of a person’s blood or breath has to be approved and not a urine test to determine the presence of chemical or controlled substances.”

Baillie v. Dept. of Nat. Resources, 632 So. 2d 1114 (Fla. 1st DCA 1994). “Ever since its enactment, the Administrative Procedure Act of 1974, section 120.50 et seq., Florida Statutes, has afforded substantially *1116 affected persons the opportunity to put on evidence in administrative rule challenge proceedings, and so make a record which inevitably…”

Dept. of Transp. v. Blackhawk Quarry Co. of Fla., Inc., 528 So. 2d 447 (Fla. 5th DCA 1988). “Florida Administrative Procedure Act, section 120.50, et seq., Florida Statutes (1987) provides a framework for most administrative agency action.”

Special Disability Trust Fund v. TROPICANA, ETC., 358 So. 2d 1 (Fla. 1978). · cites it 2× “Section 120.50, Florida Statutes (1975). The APA also requires certain procedures for decisions affecting substantial interests.”

Thompson v. State, 342 So. 2d 52 (Fla. 1976). “§ 120.50 et seq., Fla.Stat. (1975). . It is problematical whether the Governor would be subject to the Administrative Procedure Act for this activity in any event.”

Show all 26 citing cases →

— 120.50(1) — 2 cases

Off. of Pub. Couns. v. Florida Pub. Serv. Comm'n, Pluris Wedgefield, LLC. (Fla. 1st DCA 2024).

Convention Press, Inc. v. Gordon, 373 So. 2d 963 (Fla. 1st DCA 1979).

— 120.50(2) — 2 cases

State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).

State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).

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