Florida Statute 120.52 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.52

120.52 Definitions.—As used in this act:

(1) “Agency” means the following officers or governmental entities if acting pursuant to powers other than those derived from the constitution:

(a) The Governor; each state officer and state department, and each departmental unit described in s. 20.04; the Board of Governors of the State University System; the Commission on Ethics; the Fish and Wildlife Conservation Commission; a regional water supply authority; a regional planning agency; a multicounty special district, but only if a majority of its governing board is comprised of nonelected persons; educational units; and each entity described in chapters 163, 373, 380, and 582 and s. 186.504.

(b) Each officer and governmental entity in the state having statewide jurisdiction or jurisdiction in more than one county.

(c) Each officer and governmental entity in the state having jurisdiction in one county or less than one county, to the extent they are expressly made subject to this chapter by general or special law or existing judicial decisions.

This definition does not include a municipality or legal entity created solely by a municipality; a legal entity or agency created in whole or in part pursuant to part II of chapter 361; a metropolitan planning organization created pursuant to s. 339.175; a separate legal or administrative entity created pursuant to s. 339.175 of which a metropolitan planning organization is a member; an expressway authority pursuant to chapter 348 or any transportation authority or commission under chapter 343 or chapter 349; or a legal or administrative entity created by an interlocal agreement pursuant to s. 163.01(7), unless any party to such agreement is otherwise an agency as defined in this subsection.

(2) “Agency action” means the whole or part of a rule or order, or the equivalent, or the denial of a petition to adopt a rule or issue an order. The term also includes any denial of a request made under s. 120.54(7).

(3) “Agency head” means the person or collegial body in a department or other governmental unit statutorily responsible for final agency action. An agency head appointed by and serving at the pleasure of an appointing authority remains subject to the direction and supervision of the appointing authority, but actions taken by the agency head as authorized by statute are official acts.

(4) “Committee” means the Administrative Procedures Committee.

(5) “Division” means the Division of Administrative Hearings. Any document filed with the division by a party represented by an attorney shall be filed by electronic means through the division’s website. Any document filed with the division by a party not represented by an attorney shall, whenever possible, be filed by electronic means through the division’s website.

(6) “Educational unit” means a local school district, a community college district, the Florida School for the Deaf and the Blind, or a state university when the university is acting pursuant to statutory authority derived from the Legislature.

(7) “Final order” means a written final decision which results from a proceeding under s. 120.56, s. 120.565, s. 120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a rule, and which is not excepted from the definition of a rule, and which has been filed with the agency clerk, and includes final agency actions which are affirmative, negative, injunctive, or declaratory in form. A final order includes all materials explicitly adopted in it. The clerk shall indicate the date of filing on the order.

(8) “Invalid exercise of delegated legislative authority” means action that goes beyond the powers, functions, and duties delegated by the Legislature. A proposed or existing rule is an invalid exercise of delegated legislative authority if any one of the following applies:

(a) The agency has materially failed to follow the applicable rulemaking procedures or requirements set forth in this chapter;

(b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54(3)(a)1.;

(c) The rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54(3)(a)1.;

(d) The rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency;

(e) The rule is arbitrary or capricious. A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational; or

(f) The rule imposes regulatory costs on the regulated person, county, or city which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives.

A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy. Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the enabling statute.

(9) “Law implemented” means the language of the enabling statute being carried out or interpreted by an agency through rulemaking.

(10) “License” means a franchise, permit, certification, registration, charter, or similar form of authorization required by law, but it does not include a license required primarily for revenue purposes when issuance of the license is merely a ministerial act.

(11) “Licensing” means the agency process respecting the issuance, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license or imposition of terms for the exercise of a license.

(12) “Official reporter” means the publication in which an agency publishes final orders, the index to final orders, and the list of final orders which are listed rather than published.

(13) “Party” means:

(a) Specifically named persons whose substantial interests are being determined in the proceeding.

(b) Any other person who, as a matter of constitutional right, provision of statute, or provision of agency regulation, is entitled to participate in whole or in part in the proceeding, or whose substantial interests will be affected by proposed agency action, and who makes an appearance as a party.

(c) Any other person, including an agency staff member, allowed by the agency to intervene or participate in the proceeding as a party. An agency may by rule authorize limited forms of participation in agency proceedings for persons who are not eligible to become parties.

(d) Any county representative, agency, department, or unit funded and authorized by state statute or county ordinance to represent the interests of the consumers of a county, when the proceeding involves the substantial interests of a significant number of residents of the county and the board of county commissioners has, by resolution, authorized the representative, agency, department, or unit to represent the class of interested persons. The authorizing resolution shall apply to a specific proceeding and to appeals and ancillary proceedings thereto, and it shall not be required to state the names of the persons whose interests are to be represented.

The term “party” does not include a member government of a regional water supply authority or a governmental or quasi-judicial board or commission established by local ordinance or special or general law where the governing membership of such board or commission is shared with, in whole or in part, or appointed by a member government of a regional water supply authority in proceedings under s. 120.569, s. 120.57, or s. 120.68, to the extent that an interlocal agreement under ss. 163.01 and 373.713 exists in which the member government has agreed that its substantial interests are not affected by the proceedings or that it is to be bound by alternative dispute resolution in lieu of participating in the proceedings. This exclusion applies only to those particular types of disputes or controversies, if any, identified in an interlocal agreement.

(14) “Person” means any person described in s. 1.01, any unit of government in or outside the state, and any agency described in subsection (1).

(15) “Recommended order” means the official recommendation of an administrative law judge assigned by the division or of any other duly authorized presiding officer, other than an agency head or member of an agency head, for the final disposition of a proceeding under ss. 120.569 and 120.57.

(16) “Rule” means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. The term also includes the amendment or repeal of a rule. The term does not include:

(a) Internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum.

(b) Legal memoranda or opinions issued to an agency by the Attorney General or agency legal opinions prior to their use in connection with an agency action.

1. Agency budgets.

2. Statements, memoranda, or instructions to state agencies issued by the Chief Financial Officer or Comptroller as chief fiscal officer of the state and relating or pertaining to claims for payment submitted by state agencies to the Chief Financial Officer or Comptroller.

3. Contractual provisions reached as a result of collective bargaining.

4. Memoranda issued by the Executive Office of the Governor relating to information resources management.

(17) “Rulemaking authority” means statutory language that explicitly authorizes or requires an agency to adopt, develop, establish, or otherwise create any statement coming within the definition of the term “rule.”

(18) “Small city” means any municipality that has an unincarcerated population of 10,000 or less according to the most recent decennial census.

(19) “Small county” means any county that has an unincarcerated population of 75,000 or less according to the most recent decennial census.

(20) “Technical change” means a change to a rule or a statement of estimated regulatory cost that is limited to correcting citations or grammatical, typographical, or similar errors that do not affect the substance of the rule or statement.

(21) “Unadopted rule” means an agency statement that meets the definition of the term “rule,” but that has not been adopted pursuant to the requirements of s. 120.54.

(22) “Variance” means a decision by an agency to grant a modification to all or part of the literal requirements of an agency rule to a person who is subject to the rule. Any variance shall conform to the standards for variances outlined in this chapter and in the uniform rules adopted pursuant to s. 120.54(5).

(23) “Waiver” means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule. Any waiver shall conform to the standards for waivers outlined in this chapter and in the uniform rules adopted pursuant to s. 120.54(5).

History.—s. 1, ch. 74-310; s. 1, ch. 75-191; s. 1, ch. 76-131; s. 1, ch. 77-174; s. 12, ch. 77-290; s. 2, ch. 77-453; s. 1, ch. 78-28; s. 1, ch. 78-425; s. 1, ch. 79-20; s. 55, ch. 79-40; s. 1, ch. 79-299; s. 2, ch. 81-119; s. 1, ch. 81-180; s. 7, ch. 82-180; s. 1, ch. 83-78; s. 2, ch. 83-273; s. 10, ch. 84-170; s. 15, ch. 85-80; s. 1, ch. 85-168; s. 2, ch. 87-385; s. 1, ch. 88-367; s. 1, ch. 89-147; s. 1, ch. 91-46; s. 9, ch. 92-166; s. 50, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 96-159; s. 1, ch. 97-176; s. 2, ch. 97-286; s. 1, ch. 98-402; s. 64, ch. 99-245; s. 2, ch. 99-379; s. 895, ch. 2002-387; s. 1, ch. 2003-94; s. 138, ch. 2003-261; s. 7, ch. 2003-286; s. 3, ch. 2007-196; s. 13, ch. 2007-217; s. 2, ch. 2008-104; s. 1, ch. 2009-85; s. 1, ch. 2009-187; s. 10, ch. 2010-5; s. 2, ch. 2010-205; s. 7, ch. 2011-208; s. 8, ch. 2012-116; s. 14, ch. 2013-173; s. 1, ch. 2025-189.

F.S. 120.52 on Google Scholar

F.S. 120.52 on CourtListener

Amendments to 120.52

Annotations, Discussions, Cases:

Cases Citing Statute 120.52

Total Results: 421

McDonald v. Dept. of Banking and Finance

346 So. 2d 569

District Court of Appeal of Florida | Filed: May 10, 1977 | Docket: 1410203

Cited 190 times | Published

procedures. For the term "rule" is defined by Section 120.52(14) to include "... each agency statement of

Wood v. Marston

442 So. 2d 934, 15 Educ. L. Rep. 616

Supreme Court of Florida | Filed: Dec 1, 1983 | Docket: 468980

Cited 82 times | Published

higher learning in its definition of "agency." § 120.52(1), Fla. Stat. (1981). On the other hand "educational

Graham v. Estuary Properties, Inc.

399 So. 2d 1374, 16 ERC 1766, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20992, 16 ERC (BNA) 1766, 1981 Fla. LEXIS 2652

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 309918

Cited 65 times | Published

contention had no merit. 381 So.2d at 1140. [9] § 120.52(1), Fla. Stat. (1977). [10] The reviewing court

Jan M. Tuveson v. Florida Governor's Council on Indian Affairs, Inc., a Florida Corporation and an Agency of the State of Florida

734 F.2d 730, 1984 U.S. App. LEXIS 21448, 35 Fair Empl. Prac. Cas. (BNA) 264, 34 Empl. Prac. Dec. (CCH) 34,453

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1984 | Docket: 439506

Cited 56 times | Published

chapter 120. 4 . Fla.Stat.Ann. § 120.52(1): As used in this act: (1) "Agency”

Krause v. Reno

366 So. 2d 1244, 4 Media L. Rep. (BNA) 2102

District Court of Appeal of Florida | Filed: Feb 6, 1979 | Docket: 1228415

Cited 56 times | Published

or another unit or entity of government." Section 120.52(3), Florida Statutes (1977), of the Administrative

Agrico Chem. Co. v. DEPARTMENT, ETC.

406 So. 2d 478

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 449729

Cited 51 times | Published

pursuant to the definition of "party" under section 120.52(10)(c); and 3) Florida Administrative Code

Sheley v. FLORIDA PAROLE COM'N

703 So. 2d 1202, 1997 Fla. App. LEXIS 14477, 1997 WL 795306

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 403760

Cited 50 times | Published

the Act in substantially the same language. See § 120.52(12)(d) Fla.Stat. (1995). [2] In retrospect it

Florida High School Athletic Ass'n v. Melbourne Central Catholic High School

867 So. 2d 1281, 2004 Fla. App. LEXIS 3840, 2004 WL 587741

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1722469

Cited 45 times | Published

FHSAA is not a state agency, as defined in section 120.52, Florida Statutes. While we agree that FHSAA

Citizens of State v. PUBLIC SERVICE COM'N

425 So. 2d 534, 1982 WL 893190

Supreme Court of Florida | Filed: Dec 16, 1982 | Docket: 1657968

Cited 45 times | Published

date of the new rates is prescribed solely by section 120.52(9), Florida Statutes (1979), which defines

School Board of Palm Beach County v. Survivors Charter Schools, Inc.

3 So. 3d 1220, 34 Fla. L. Weekly Supp. 251, 2009 Fla. LEXIS 570, 2009 WL 485099

Supreme Court of Florida | Filed: Feb 27, 2009 | Docket: 2530986

Cited 37 times | Published

an "agency" as that term is defined in the APA. § 120.52(1)(b)3, Fla. Stat. (2005) (defining "agency" to

Rice v. Dept. of Health & Rehabilitative

386 So. 2d 844

District Court of Appeal of Florida | Filed: Aug 8, 1980 | Docket: 1518371

Cited 37 times | Published

is the proper party appellee on this appeal. Section 120.52(2); Fla. App.R. 9.020(f), 9.110. The notice

FLORIDA DEPT., OF OFFENDER REHAB. v. Jerry

353 So. 2d 1230

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 424162

Cited 37 times | Published

the Department is an agency as defined by Section 120.52(1)(b). By juxtaposing certain provisions of

Florida Cities Water v. FLORIDA PUBLIC SERV.

384 So. 2d 1280, 38 P.U.R.4th 123, 1980 Fla. LEXIS 4263

Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 1678509

Cited 34 times | Published

announced a rule, as that term is defined in section 120.52(14), but that in doing so the Commission failed

Daniels v. Florida Parole & Probation Comm'n

401 So. 2d 1351

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1290044

Cited 32 times | Published

"a rule or order, or the equivalent, ... ." Section 120.52(2)(e.s.). The action involved here is a final

Gallagher v. Dupont

918 So. 2d 342, 2005 WL 3326617

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1361607

Cited 27 times | Published

(2003), or included within the definitions at section 120.52, Florida Statutes (2003). The Fund cites two

Thompson v. PLANNING COM'N

464 So. 2d 1231, 10 Fla. L. Weekly 379

District Court of Appeal of Florida | Filed: Feb 11, 1985 | Docket: 1661195

Cited 27 times | Published

Planning Commission is not an agency as defined by Section 120.52(1)(b) or (c), Florida Statutes. Accord, Sporl

School Bd. of Leon County v. Hargis

400 So. 2d 103, 38 Fair Empl. Prac. Cas. (BNA) 432

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1263057

Cited 26 times | Published

achieve named party status by intervention, Section 120.52(10)(b), Fla. Admin. Code R. 9D-8.13(1); nor

STATE, DEPT. OF ADMINSTRATION v. Stevens

344 So. 2d 290

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 1517795

Cited 26 times | Published

Administration are rules as that term is defined by § 120.52(14), Fla. Stat. (1975); that they were not adopted

Rothermel v. FLA. PAROLE & PROBATION COM'N

441 So. 2d 663

District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 1333163

Cited 23 times | Published

Chapter 83-78, Section 1, Laws of Florida, amends Section 120.52(10), Florida Statutes (1982 Supp.), by providing

In Re Advisory Opinion of the Governor

334 So. 2d 561

Supreme Court of Florida | Filed: Jun 23, 1976 | Docket: 1309836

Cited 23 times | Published

however, struck the lieutenant governor from Section 120.52(1)(a) and broadened the exclusion to cover

In Re Advisory Opinion of the Governor

334 So. 2d 561

Supreme Court of Florida | Filed: Jun 23, 1976 | Docket: 1309836

Cited 23 times | Published

however, struck the lieutenant governor from Section 120.52(1)(a) and broadened the exclusion to cover

Griffith v. FLORIDA PAROLE & PROBATION COM'N

485 So. 2d 818, 11 Fla. L. Weekly 124, 1986 Fla. LEXIS 1797

Supreme Court of Florida | Filed: Mar 27, 1986 | Docket: 1276235

Cited 21 times | Published

appeals from final administrative *820 action. Section 120.52(10)(d), Florida Statutes (1981),[3] declared

Fla. Dept. of Bus. Reg. v. Invest. Corp.

747 So. 2d 374, 1999 WL 1018661

Supreme Court of Florida | Filed: Nov 4, 1999 | Docket: 1475688

Cited 20 times | Published

the APA's most dramatic revisions occurred in section 120.52(8), Florida Statutes (Supp.1996),[3] which

LEAF v. Clark

668 So. 2d 982

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 1686967

Cited 19 times | Published

find that LEAF was a party to this action. See § 120.52(12)(c), Fla. Stat. (1993). This determination

Florida Canners Ass'n v. State, Dept. of Citrus

371 So. 2d 503, 1979 Fla. App. LEXIS 14633

District Court of Appeal of Florida | Filed: May 16, 1979 | Docket: 1785667

Cited 19 times | Published

59(2). But that section applies to "orders" and Section 120.52(9) defines an order as a final agency decision

Gadsden State Bank v. Lewis

348 So. 2d 343

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1760638

Cited 19 times | Published

action, and who makes an appearance as a party." Section 120.52(10)(b), Florida Statutes (Supp. 1976). Gadsden

Hill v. Division of Retirement

687 So. 2d 1376, 1997 Fla. App. LEXIS 1407, 1997 WL 75520

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1370766

Cited 18 times | Published

order until it is "filed with the agency clerk." § 120.52(7), Fla. Stat. (Supp.1996); Charter Medical-Southeast

Peoples Bank, Etc. v. State, Dept. of B. & F.

395 So. 2d 521

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 1171154

Cited 18 times | Published

DCA 1977) (quoting Professor Kenneth Davis). See § 120.52(14), Fla. Stat.

Graham Contracting, Inc. v. Dept. of General Services

363 So. 2d 810, 1978 Fla. App. LEXIS 16910

District Court of Appeal of Florida | Filed: Oct 31, 1978 | Docket: 1513640

Cited 18 times | Published

is agency action by an order as defined by Section 120.52(9): "Order" means a final agency decision which

City of Plant City v. Mayo

337 So. 2d 966, 1976 Fla. LEXIS 4506, 1976 WL 352304

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 1414971

Cited 18 times | Published

defined precisely (for purposes of the act) in Section 120.52(10), Florida Statutes (1975).[4] It is undisputed

Fla. League of Cities, Inc. v. Admin. Com'n

586 So. 2d 397

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1487719

Cited 17 times | Published

policies constituted rules under the definition of section 120.52(16), and that the policies and section 163

Polk v. School Bd. of Polk County

373 So. 2d 960

District Court of Appeal of Florida | Filed: Aug 10, 1979 | Docket: 1772818

Cited 17 times | Published

attendance plan constituted the making of a rule. Section 120.52(14), Florida Statutes (Supp. 1978). We have

Martin County v. Yusem

690 So. 2d 1288, 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419

Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 436960

Cited 16 times | Published

The Department is an agency as defined in section 120.52, Florida Statutes (1995), and its actions as

Witgenstein v. SCHOOL BD. OF LEON CTY.

347 So. 2d 1069

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 1290818

Cited 16 times | Published

operation of the Administrative Procedure Act. Section 120.52(1)(c) states in part: "(1) `Agency' means:

Fla. Soc. of Ophthalmology v. State, Bd. of Optometry

532 So. 2d 1279, 1988 WL 19631

District Court of Appeal of Florida | Filed: Oct 6, 1988 | Docket: 450668

Cited 15 times | Published

hearing.[7] The basic definition of party in section 120.52(12) includes three categories of persons. Reduced

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

429 So. 2d 1260

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358

Cited 15 times | Published

Adjudicatory Commission is an "agency" as defined in section 120.52(1) and is therefore subject to the APA; that

Barker v. Board of Medical Examiners, Dept. of Prof. Reg.

428 So. 2d 720

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1720148

Cited 15 times | Published

to determine whether or not it fell within section 120.52(14)'s definition of a rule have now been largely

STATE, DEPT. OF COM., ETC. v. Matthews Corp.

358 So. 2d 256, 23 Wage & Hour Cas. (BNA) 998

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 1311568

Cited 15 times | Published

the determinations were rules, as defined by Section 120.52(14),[2] because (1) they directly implemented

Moreland Ex Rel. Moreland v. Agency for Persons With Disabilities

19 So. 3d 1009, 2009 Fla. App. LEXIS 12745, 2009 WL 2602298

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1651333

Cited 14 times | Published

including that the rules were invalid pursuant to section 120.52(8)(c), Florida Statutes, which states that

Prime Orlando Prop. v. Dept. of Business Reg.

502 So. 2d 456

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1657769

Cited 14 times | Published

Division, as an "agency" within the purview of Section 120.52(1)(b), Florida Statutes, may act only in accordance

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.

808 So. 2d 243, 2002 WL 83679

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 2191393

Cited 13 times | Published

powers and duties conferred by the same statute. § 120.52(8), Fla. Stat. (1999). See Southwest Fla. Water

ST. JOHNS RIVER v. Consolidated-Tomoka

717 So. 2d 72, 1998 WL 422566

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1681489

Cited 13 times | Published

and duties" granted by the enabling statute. See § 120.52(8) Fla. Stat. (Supp.1996). Specifically, the judge

Department of Revenue v. Vanjaria Enterprises

675 So. 2d 252, 1996 Fla. App. LEXIS 6494, 1996 WL 339095

District Court of Appeal of Florida | Filed: Jun 21, 1996 | Docket: 1694514

Cited 13 times | Published

196 (Fla. 1st DCA 1991). A rule is defined in section 120.52(16), Florida Statutes (1987), as a "statement

Roberson v. FLA. PAROLE & PROBATION COM'N

444 So. 2d 917

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1510657

Cited 13 times | Published

section 120.68, because of the language in section 120.52(10)(d), Florida Statutes (1981).[3] The Roberson

State, Dept. of Admin., Etc., Person. v. Harvey

356 So. 2d 323

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 1478774

Cited 13 times | Published

because, having the effect of rules as defined in Section 120.52(14), they have not been adopted in rulemaking

McKenzie Check Advance of Florida v. Betts

928 So. 2d 1204, 31 Fla. L. Weekly Supp. 255, 2006 Fla. LEXIS 666, 2006 WL 1096679

Supreme Court of Florida | Filed: Apr 27, 2006 | Docket: 1713829

Cited 12 times | Published

separation of powers, prohibits such actions. See § 120.52(8)(c), Fla. Stat. (2005) (stating that a rule

STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.

794 So. 2d 696, 2001 Fla. App. LEXIS 12894, 2001 WL 1098261

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 1737883

Cited 12 times | Published

] the specific provisions of law implemented." § 120.52(8)(b) & (c), Fla. Stat. (1999). Day Cruise Association

St. Francis Hosp., Inc. v. DHRS

553 So. 2d 1351, 1989 WL 153648

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1258566

Cited 12 times | Published

officer found that this policy is a "rule", section 120.52(16), Florida Statutes, but that HRS's failure

SUWANNEE RIVER AREA COUNCIL, ETC. v. State

384 So. 2d 1369

District Court of Appeal of Florida | Filed: Jul 3, 1980 | Docket: 1269163

Cited 12 times | Published

* * * ... the Department has considered the Section 120.52(10) definition of the term "party" and finds

Fla. Admin. Com'n v. Dist. Court of Appeal

351 So. 2d 712

Supreme Court of Florida | Filed: Oct 14, 1977 | Docket: 1246721

Cited 12 times | Published

Askew), 336 So.2d 383 (Fla. 1st DCA 1976). [2] Section 120.52(2), Fla. Stat. (1975). [3] Section 120.68(2)

Postal Colony Co., Inc. v. Askew

348 So. 2d 338, 1977 Fla. App. LEXIS 16299

District Court of Appeal of Florida | Filed: May 9, 1977 | Docket: 1760880

Cited 12 times | Published

participation for those not eligible to become parties. Section 120.52(10)(c), Florida Statutes (1975). Petitioners

Straughn v. O'RIORDAN

338 So. 2d 832

Supreme Court of Florida | Filed: Oct 14, 1976 | Docket: 1511782

Cited 12 times | Published

[3] Chapter 120, Part I, Fla. Stat. (1973); Section 120.52(1)(b), Fla. Stat. (1975). The Department had

DEPT. OF NAT. RESOURCES v. Wingfield Dev. Co.

581 So. 2d 193, 1991 Fla. App. LEXIS 4783, 1991 WL 87671

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1283660

Cited 11 times | Published

the manner required by law. "Rule" is defined in § 120.52(16), Fla. Stat., as follows: "Rule" means each

Balsam v. DEPT. OF HEALTH & REHAB. SERVICES

452 So. 2d 976

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 1517626

Cited 11 times | Published

procedure, or practice requirements of an agency. Section 120.52(15), Florida Statutes. As shown in State, Department

Amos v. Dept. of Health and Rehab. Services

444 So. 2d 43

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 452018

Cited 11 times | Published

every characteristic of a rule as defined by Section 120.52(14), Florida Statutes, except that of promulgation

Cherokee Crushed Stone, Inc. v. City of Miramar

421 So. 2d 684, 1982 Fla. App. LEXIS 22077

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 2553279

Cited 11 times | Published

Administrative Procedure Act and particularly Section 120.52(1)(c), Florida Statutes (1981). Were it otherwise

Hill v. School Bd. of Leon County

351 So. 2d 732

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1671892

Cited 11 times | Published

school was invalid because it was a *734 rule, section 120.52(14), Florida Statutes (1977), which was not

Lewis v. JUDGES OF DISTRICT COURT OF APP., FIRST DIST.

322 So. 2d 16

Supreme Court of Florida | Filed: Jul 17, 1975 | Docket: 1734676

Cited 11 times | Published

appearing as chapter 120, Fla. Stat. (1974). [4] Section 120.52, Fla. Stat. (1974). [5] Section 13.96, Fla

Peace River/Manasota Regional Water Supply Authority v. IMC Phosphates Co.

18 So. 3d 1079, 2009 Fla. App. LEXIS 1062, 2009 WL 331660

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1640493

Cited 10 times | Published

particular entity at issue qualifies as a "party." Section 120.52(12)(b) defines a "party" as "[a]ny other person

River Users v. Environmental Protection

948 So. 2d 794, 2006 WL 3371566

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 1764117

Cited 10 times | Published

a party are determined by an agency. . . ." Section 120.52, Florida Statutes (2005), sets forth in part:

ENVIRONMENTAL CONFED. OF SOUTHWEST FL., INC. v. IMC Phosphates, Inc.

857 So. 2d 207, 2003 WL 21755058

District Court of Appeal of Florida | Filed: Oct 28, 2003 | Docket: 1737464

Cited 10 times | Published

preceded the effective date of an amendment to section 120.52(10), Florida Statutes (Supp.1982), which denied

Putnam Cty. Environ. Council, Inc. v. Bd. of Cty. Com'rs of Putnam Cty.

757 So. 2d 590, 2000 Fla. App. LEXIS 5703, 2000 WL 569908

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 1698296

Cited 10 times | Published

wholly different test than that involved here. See § 120.52(12), Fla. Stat. (1999). To the extent that Friends

Florida League of Cities v. DER

603 So. 2d 1363

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 1475937

Cited 10 times | Published

codified by the 1987 legislature, amending section 120.52 by adding subsection (8) thereto, defining

Adam Smith Enterprises, Inc. v. STATE, DEPT. OF ENV. REG.

553 So. 2d 1260

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 2511793

Cited 10 times | Published

defined. Chapter 87-385, Section 2, amended Section 120.52 by adding the following subsection defining

Shinholster v. Graham

527 F. Supp. 1318

District Court, N.D. Florida | Filed: Nov 30, 1981 | Docket: 2269584

Cited 10 times | Published

constituting or having the effect of rules; see Fla.Stat. § 120.52(14) (1979); McDonald v. Dept. of Banking and Finance

Amerson v. Jacksonville Elec. Authority

362 So. 2d 433, 1978 WL 391813

District Court of Appeal of Florida | Filed: Sep 1, 1978 | Docket: 416868

Cited 10 times | Published

certain actions of "agencies" as defined in Section 120.52(1), Florida Statutes, which states: "(1) `Agency'

State, Dept. of Adm., Etc. v. State, Dept. of Adm., Etc.

326 So. 2d 187

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 1729166

Cited 10 times | Published

is defined in the Administrative Procedure Act, § 120.52(8). Such a proceeding is therefore among those

Sweetwater Util. Corp. v. Hillsborough Cty.

314 So. 2d 194

District Court of Appeal of Florida | Filed: Jun 11, 1975 | Docket: 1420975

Cited 10 times | Published

County is *195 an agency within the meaning of § 120.52(1)(c) (1974), which reads: "(c) Each other unit

Systems Mgt. Associates v. State, Etc.

391 So. 2d 688

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1173606

Cited 9 times | Published

there exist two rules within the meaning of Section 120.52(14), Florida Statutes, which have not been

Harris v. Florida Real Estate Com'n

358 So. 2d 1123

District Court of Appeal of Florida | Filed: May 5, 1978 | Docket: 1311952

Cited 9 times | Published

request for registration, as final agency action. Section 120.52(3), Florida Statutes (1977), defines agency

Rosenzweig v. Department of Transp.

979 So. 2d 1050, 2008 WL 762496

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1714448

Cited 8 times | Published

(citing § 120.68(7)(d), Fla. Stat. (1997)). Section 120.52(12)(b), Florida Statutes, provides that a party

State v. Miles

732 So. 2d 350, 1999 WL 30362

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 460490

Cited 8 times | Published

legislative authority as that is defined in section 120.52(8), Florida Statutes, or may find that adoption

Baillie v. Dept. of Natural Resources

632 So. 2d 1114, 1994 WL 64957

District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 462624

Cited 8 times | Published

applicable rulemaking procedures," are set out in section 120.52(8), Florida Statutes (1993). Parties challenging

Cataract Surgery Center v. Health Care Cost Containment Bd.

581 So. 2d 1359, 1991 WL 97041

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 1283735

Cited 8 times | Published

54(7); or The rule is arbitrary or capricious. § 120.52(8)(a), (c) and (e), F.S. (1989). In the instant

Friends of Hatchineha, Inc. v. State, Der

580 So. 2d 267, 1991 WL 75657

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365416

Cited 8 times | Published

417 So.2d 1068, 1070 (Fla. 1st DCA 1982). Section 120.52(2), Florida Statutes (Supp. 1988), defines

Dept. of Transp. v. Blackhawk Quarry Co. of Fla., Inc.

528 So. 2d 447, 13 Fla. L. Weekly 1484, 1988 Fla. App. LEXIS 2572, 1988 WL 62659

District Court of Appeal of Florida | Filed: Jun 23, 1988 | Docket: 1717568

Cited 8 times | Published

rules, section 120.54, Florida Statutes, and in section 120.52(16) defines a "rule" as an: agency statement

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

above categories. Similarly, the language of Section 120.52(1)(c), Florida Statutes (1979), excising deputy

NEW WORLD COMMUNICATION OF TAMPA, INC. v. Akre

866 So. 2d 1231, 2003 WL 327505

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1680147

Cited 7 times | Published

distortion policy was a "rule" as defined by section 120.52(15), her argument overlooks the fact that the

Matthews v. Weinberg

645 So. 2d 487, 1994 WL 531291

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1167878

Cited 7 times | Published

general applicability require rulemaking). Section 120.52(16), Florida Statutes (1991), provides in pertinent

Jones v. Florida Dept. of Corrections

615 So. 2d 798, 1993 Fla. App. LEXIS 2979, 1993 WL 72042

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1184444

Cited 7 times | Published

because of this recurring jurisdictional issue. Section 120.52(12)(d), Florida Statutes, limits the types

Gregory v. Indian River County

610 So. 2d 547, 1992 WL 355391

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 1734757

Cited 7 times | Published

interests ... affected by the proposed agency action. § 120.52(12), Fla. Stat. (1989). In this case, the appellants

Mitchell v. Leon County School Bd.

591 So. 2d 1032, 1991 Fla. App. LEXIS 12917, 1991 WL 279403

District Court of Appeal of Florida | Filed: Dec 26, 1991 | Docket: 1528193

Cited 7 times | Published

filing it with the agency clerk. See Fla. Stat. § 120.52(11) (1989). If so, what petitioner (and possibly

Mitchell v. Leon County School Bd.

591 So. 2d 1032, 1991 Fla. App. LEXIS 12917, 1991 WL 279403

District Court of Appeal of Florida | Filed: Dec 26, 1991 | Docket: 1528193

Cited 7 times | Published

filing it with the agency clerk. See Fla. Stat. § 120.52(11) (1989). If so, what petitioner (and possibly

Johnson v. FLORIDA PAROLE & PROBATION COM'N

543 So. 2d 875, 14 Fla. L. Weekly 1322, 1989 Fla. App. LEXIS 3039, 1989 WL 55966

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1729785

Cited 7 times | Published

administrative action to the district courts. Section 120.52(10)(d), Florida Statutes (1981) exempted prisoners

Florida Ass'n of Nurse Anesthetists v. DEPT. OF PROF. REG.

500 So. 2d 324

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689459

Cited 7 times | Published

participate in the proceedings as a party." Section 120.52(10), Fla. Stat. (Emphasis added.) Appellant's

Baptist Hosp, Inc. v. State, Dept of Health

500 So. 2d 620

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1689466

Cited 7 times | Published

Florida lacked standing to intervene. Pursuant to section 120.52(10)(b), "[a]ny person ... whose substantial

Island Harbor v. Dept. of Natural Resources

495 So. 2d 209

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 1758690

Cited 7 times | Published

rule within the statutory definition of "rule." § 120.52(15), Fla. Stat. (1983). It says that DNR has failed

South Fla. Water Management Dist. v. Caluwe

459 So. 2d 390

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1282501

Cited 7 times | Published

action policy is a "rule" within the meaning of section 120.52(15), Florida Statutes (1983). Further, he asserts

Vey v. Bradford Union Guidance Clinic, Inc.

399 So. 2d 1137, 1981 Fla. App. LEXIS 20280

District Court of Appeal of Florida | Filed: Jun 25, 1981 | Docket: 1652277

Cited 7 times | Published

agency subject to § 120.57(1), Florida Statutes. Section 120.52(1) provides that "agency" means (a) the governor

Cenac v. Florida State Bd. of Accountancy

399 So. 2d 1013, 1981 Fla. App. LEXIS 19992

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 1167406

Cited 7 times | Published

rights. See McDonald, supra, 346 So.2d at 580-581; § 120.52(14), Fla. Stat. (1977). Rather, it was editorial

Dept. of Revenue v. US Sugar Corp.

388 So. 2d 596

District Court of Appeal of Florida | Filed: Sep 11, 1980 | Docket: 1520950

Cited 7 times | Published

within the definition of a rule as defined by § 120.52(14), Florida Statutes (1977). State, Dept. of

Ocampo v. Department of Health

806 So. 2d 633, 2002 Fla. App. LEXIS 1359, 2002 WL 205796

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 1712986

Cited 6 times | Published

section 458.331(1)(b), Florida Statutes (1999). Section 120.52(9), Florida Statutes (1999), defines a license

Department of Highway Safety v. Schluter

705 So. 2d 81, 1997 WL 795701

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1582226

Cited 6 times | Published

challenged policies constituted rules, as defined in section 120.52(15)(a), Florida Statutes (Supp.1996). We reverse

Young v. Department of Community Affairs

625 So. 2d 831, 18 Fla. L. Weekly Supp. 476, 1993 Fla. LEXIS 1450, 1993 WL 347762

Supreme Court of Florida | Filed: Sep 9, 1993 | Docket: 474084

Cited 6 times | Published

not an agency for purposes of chapter 120. See § 120.52(1)(c), Fla. Stat. (1987) (units of government

BD. OF OPTOMETRY ETC. v. Florida Med. Ass'n

463 So. 2d 1213

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 1509747

Cited 6 times | Published

statement is a "rule" within the meaning of section 120.52(15), Florida Statutes (1983), but not adopted

Collier Med. Center v. STATE, DEPT. OF H. & RS

462 So. 2d 83

District Court of Appeal of Florida | Filed: Jan 8, 1985 | Docket: 449570

Cited 6 times | Published

to intervene in this cause. CMC notes that Section 120.52(10)(b), Florida Statutes (1981), grants standing

STATE BY & THRO. STATE ATTY. v. Gen. Dev. Corp.

448 So. 2d 1074

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 2547049

Cited 6 times | Published

because a state attorney is "an agency" under section 120.52(1)(b); (2) GDC, a Delaware corporation, d/b/a

BOOKER CREEK PRESERV., INC. v. Pinellas Planning Council

433 So. 2d 1306, 1983 Fla. App. LEXIS 19752

District Court of Appeal of Florida | Filed: Jul 1, 1983 | Docket: 1424766

Cited 6 times | Published

included in the definition of *1308 "agency" in section 120.52(1), which provides in pertinent part as follows:

Grove Isle, Ltd. v. BAYSHORE HOMEOWNERS'ASS'N, INC.

418 So. 2d 1046

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1289270

Cited 6 times | Published

entitled to initiate Section 120.57 proceedings. Section 120.52(10); Section 120.57, Florida Statutes (1979)

Dept. of Highway Safety and Motor Vehicles v. FLA. POLICE BENEV.

400 So. 2d 1302

District Court of Appeal of Florida | Filed: Jul 9, 1981 | Docket: 1677180

Cited 6 times | Published

memoranda" from the rulemaking requirement, Section 120.52(14)(a), the hearing officer lamented the apparent

Orange County, Fla. v. GAME & FRESH WATER FISH

397 So. 2d 411

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 1356683

Cited 6 times | Published

Administrative Procedure Act defines party in section 120.52(10), Florida Stat. (1979).[2] Appellants contend

School Bd. of Pinellas County v. Noble

372 So. 2d 1111, 1979 Fla. LEXIS 4724

Supreme Court of Florida | Filed: Jun 28, 1979 | Docket: 1325599

Cited 6 times | Published

administrative review of its dismissal order. See § 120.52(11), Fla. Stat. (Supp. 1976). The district board

Siddeeq v. TALLAHASSEE MEMORIAL HOSP.

364 So. 2d 99

District Court of Appeal of Florida | Filed: Nov 15, 1978 | Docket: 2514480

Cited 6 times | Published

Hospital is an "agency" within the meaning of Section 120.52(1)(c), Florida Statutes (1977), and erroneously

Calder Race Course, Inc. v. BOARD OF BUSINESS REG.

319 So. 2d 67

District Court of Appeal of Florida | Filed: Aug 19, 1975 | Docket: 1508351

Cited 6 times | Published

issuance of an order not having effect as a rule [§ 120.52(8), F.S. 1973 (1974 Sup.)], the Board had power

Palm Beach County Environmental Coalition v. Florida Department of Environmental Protection

14 So. 3d 1076, 2009 Fla. App. LEXIS 6897, 2009 WL 1531786

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1649907

Cited 5 times | Published

action, and who makes an appearance as a party." § 120.52(13)(b), Fla. Stat.; see also AmeriSteel Corp.

Betts v. McKenzie Check Advance of Florida, LLC

879 So. 2d 667, 2004 WL 1779079

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 463749

Cited 5 times | Published

in this regard, however, is not unbridled. Section 120.52(8), Florida Statutes (1997), states: (8) "Invalid

Ybor III, Ltd. v. FLA. HOUSING FIN. CORP.

843 So. 2d 344, 2003 WL 1914087

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1243773

Cited 5 times | Published

interests are being determined in the proceeding." § 120.52(12), Fla. Stat. Appellant fits within the broad

Miami-Dade County v. Church & Tower, Inc.

715 So. 2d 1084, 1998 Fla. App. LEXIS 10314, 1998 WL 473479

District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 1648432

Cited 5 times | Published

County Commission in bid protest proceedings. See § 120.52(1)(c), Fla. Stat. (1997). [4] The hearing provides

Mobile Home Owners v. Fl. Housing Ass'n

683 So. 2d 586, 1996 WL 656411

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1514911

Cited 5 times | Published

challenge through the rulemaking process. While section 120.52(16), Florida Statutes (1993), provides that

Witmer v. DEPT. OF BUS. & PROF. REG.

662 So. 2d 1299

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1683521

Cited 5 times | Published

in the promulgation of rule 7EER92-2(18). See § 120.52(8)(b) (c), Fla. Stat. (1991). Finally, we also

DRAVO BASIC MATERIALS v. State, Dept. of Transp.

602 So. 2d 632, 1992 Fla. App. LEXIS 7611, 1992 WL 157451

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 1321333

Cited 5 times | Published

capricious. See § 120.56(1), Fla. Stat. (1989); § 120.52(8)(e), Fla. Stat. (1989). This is usually a fact-intensive

Lockheed Space Operations v. Pham

600 So. 2d 1261, 1992 WL 134745

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 538933

Cited 5 times | Published

the effective date of the 1983 amendment to Section 120.52(10), Florida Statutes, limiting the rights

State, Bd. of Trustees v. Lost Tree Vill.

600 So. 2d 1240, 1992 WL 126599

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 539230

Cited 5 times | Published

Board is an "agency" as that term is defined in section 120.52(1), Florida Statutes (1989). See Decarion v

Phibro Resources Corp. v. STATE, DER

579 So. 2d 118

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 1432476

Cited 5 times | Published

"Party" is defined under Section 120.52(11), Florida Statutes (1985).[5] Section 120.52(11)(a) establishes

Rabren v. DEPT. OF PROF. REGULATION

568 So. 2d 1283, 1990 WL 146906

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 673537

Cited 5 times | Published

Because the definition of "agency action" in section 120.52(2), Florida Statutes (1987), includes "the

Dykes v. Quincy Telephone Co.

539 So. 2d 503, 1989 WL 12444

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 452812

Cited 5 times | Published

[3] Although the definition of agency under Section 120.52(1), Florida Statutes (Supp. 1984), is certainly

FLORIDA PAROLE & PROBATION COMM. v. Dornau

534 So. 2d 789, 13 Fla. L. Weekly 2534, 1988 Fla. App. LEXIS 5091, 1988 WL 122622

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 372174

Cited 5 times | Published

appeals from final administrative action, and section 120.52(10)(d), declaring that prisoners were not parties

Boca Raton Mausoleum, Inc. v. STATE, DEPT. OF BANKING AND FINANCE

511 So. 2d 1060, 12 Fla. L. Weekly 2020

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 1700673

Cited 5 times | Published

such a right. We have held that, pursuant to Section 120.52(11)(b) & (c), Florida Statutes (1976), under

HILLSBOROUGH CTY. ENVTL. PROTECT. COM'N v. Williams

426 So. 2d 1285

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1283432

Cited 5 times | Published

board is not an "agency" within the meaning of section 120.52(1)(c), Florida Statutes (1977). Similarly,

Magnolias Nursing and Convalescent Center v. DEPT. OF HLT. & REHABILITATIVE SERVICES

428 So. 2d 256

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 1720107

Cited 5 times | Published

applies to the Administrative Procedure Act. Section 120.52(11).

Gulfstream Park Racing Assoc. Inc. v. Div. of Pari-Mut. Wagering

407 So. 2d 263

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 467306

Cited 5 times | Published

within the definition of a rule as defined by § 120.52(14), Florida Statutes (1977). [citations omitted]

Florida State University v. Dann

400 So. 2d 1304

District Court of Appeal of Florida | Filed: Jul 9, 1981 | Docket: 1676965

Cited 5 times | Published

falling into any statutory exception under Section 120.52(14), and as such, must be adopted as rules

Bio-Medical Apps. of Ocala, Inc. v. Off. of Comm. Med. Facilities

374 So. 2d 88

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 430341

Cited 5 times | Published

agency action" on the other's application. Section 120.52(10)(b), Florida Statutes (197 Supp.); Bio-Medical

Webster v. S. Fla. Water Mgmt. Dist.

367 So. 2d 734

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 199815

Cited 5 times | Published

We reverse. The District's position is that Section 120.52(14)(a) Florida Statutes (1977) specifically

City of Panama City v. FLA PUBLIC EMP. RELATIONS COMM'N

364 So. 2d 109, 100 L.R.R.M. (BNA) 2130

District Court of Appeal of Florida | Filed: Nov 17, 1978 | Docket: 461822

Cited 5 times | Published

not final until it is reduced to writing under F.S. 120.52(9) and that the Commission's oral decision was

In Re Workmen's Compensation Rules of Procedure

343 So. 2d 1273, 1977 Fla. LEXIS 3860

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 1710473

Cited 5 times | Published

rules adopted by the Supreme Court." [6] See § 120.52(2), Fla. Stat. (1975); Levinson, note 2 above

J.S. v. C.M.

135 So. 3d 312, 2012 WL 4800987, 2012 Fla. App. LEXIS 17433

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60239553

Cited 4 times | Published

statement meeting the definition of a rule in section 120.52(16), and has not been adopted as a rule, in

Whiley v. Scott

79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

Supreme Court of Florida | Filed: Aug 16, 2011 | Docket: 60305373

Cited 4 times | Published

authorizes or requires an agency to adopt rules. § 120.52(17), Fla. Stat. (2010). “Rules” are “statement[s]

Department of Business & Professional Regulation v. Harden

10 So. 3d 647, 2009 Fla. App. LEXIS 2525, 2009 WL 780007

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 1642106

Cited 4 times | Published

the requirement of rulemaking set forth in section 120.52(15), the "internal management memorandum" exception

AHCA v. Custom Mobility, Inc.

995 So. 2d 984, 2008 WL 4067312

District Court of Appeal of Florida | Filed: Sep 4, 2008 | Docket: 1684901

Cited 4 times | Published

procedure or practice requirements of an agency...." § 120.52(15), Fla. Stat. (2007). Florida imposes rulemaking

Volusia County School Bd. v. VOLUSIA HOMES

946 So. 2d 1084, 2006 Fla. App. LEXIS 19309, 2006 WL 3327632

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1771163

Cited 4 times | Published

Policy 612. (Emphasis added.) ANALYSIS Under section 120.52(1)(b)7., Florida Statutes (2004), the School

State, Dcfs v. Ib

891 So. 2d 1168

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 378565

Cited 4 times | Published

Ins., 540 So.2d 850, 865 (Fla. 1st DCA 1989). Section 120.52(8), Florida Statutes (2003), lists the circumstances

NAACP, INC. v. Florida Bd. of Regents

876 So. 2d 636, 2004 WL 1359507

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 2518130

Cited 4 times | Published

legislative authority" as that term is defined in section 120.52(8), Florida Statutes (1999)). Because we concluded

NAACP, INC. v. Florida Bd. of Regents

822 So. 2d 1, 2002 WL 265851

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1697114

Cited 4 times | Published

often abused, the Florida Legislature amended section 120.52(8), Florida Statutes. (1999)[1], to prohibit

Southwest Florida Water Management Dist. v. Charlotte Cty.

774 So. 2d 903, 2001 WL 10391

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1330773

Cited 4 times | Published

delegated legislative authority as defined by section 120.52(8), Florida Statutes (1995).[2] The proposed

United Water v. Florida Public Service

728 So. 2d 1250, 1999 Fla. App. LEXIS 4676, 1999 WL 202059

District Court of Appeal of Florida | Filed: Apr 13, 1999 | Docket: 1673865

Cited 4 times | Published

an order is appropriate in the instant case. Section 120.52(7), Florida Statutes, clearly contemplates

FLORIDA COM'N ON HURRICANE LOSS PROJECTION METHODOLOGY v. State

716 So. 2d 345, 1998 Fla. App. LEXIS 11039, 1998 WL 546069

District Court of Appeal of Florida | Filed: Aug 31, 1998 | Docket: 424908

Cited 4 times | Published

any "commission" as generally described in Section 120.52(1)(b), Florida Statutes (Supp.1996), created

Christo v. STATE, DEPT. OF BANKING & FIN.

649 So. 2d 318, 1995 WL 26796

District Court of Appeal of Florida | Filed: Jan 26, 1995 | Docket: 1320648

Cited 4 times | Published

to adopt rules which address the statement. Section 120.52(16), Florida Statutes (Supp. 1992) provides

Saddlebrook Resorts v. Wiregrass Ranch

630 So. 2d 1123, 1993 WL 247145

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 1520703

Cited 4 times | Published

process and full access to those proceedings. Section 120.52(10), Florida Statutes (1989) defines "licensing"

Board of Trustees, Internal Imp. Trust Fund v. Bd. of Professional Land Surveyors

566 So. 2d 1358, 1990 WL 133202

District Court of Appeal of Florida | Filed: Sep 13, 1990 | Docket: 1529206

Cited 4 times | Published

939, 942 (Fla. 1st DCA 1985). According to section 120.52, Florida Statutes, a proposed rule is an invalid

DeCarion v. Martinez

537 So. 2d 1083, 1989 WL 3900

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 427255

Cited 4 times | Published

constitute an agency as that term is defined in section 120.52(1)(b), Florida Statutes (1987), they are compelled

Diaz v. Florida Dept. of Corrections

511 So. 2d 669, 12 Fla. L. Weekly 1899, 1987 Fla. App. LEXIS 10094

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 1338150

Cited 4 times | Published

DOC are inappropriate in a motion to dismiss. Section 120.52(11)(d) and section 120.68 make it very clear

Fox v. Smith

508 So. 2d 1280, 12 Fla. L. Weekly 1423

District Court of Appeal of Florida | Filed: Jun 9, 1987 | Docket: 1153458

Cited 4 times | Published

agency action is entitled to judicial review." Section 120.52(11) defines "party" in relevant part as follows:

Rubinstein v. SARASOTA CTY. PUB. HOSP.

498 So. 2d 1012, 11 Fla. L. Weekly 2638

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 1699798

Cited 4 times | Published

Board is an "agency" within the meaning of section 120.52(1) Florida Statutes (1985), the Administrative

Manasota-88, Inc. v. Gardinier, Inc.

481 So. 2d 948, 11 Fla. L. Weekly 178

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 1529347

Cited 4 times | Published

pollution issue was not "agency action" within Section 120.52(2), Florida Statutes (1983). The agency relies

McCarthy v. Dept. of Ins. & Treasurer

479 So. 2d 135, 10 Fla. L. Weekly 2344, 1985 Fla. App. LEXIS 16239

District Court of Appeal of Florida | Filed: Oct 11, 1985 | Docket: 463596

Cited 4 times | Published

interprets, or prescribes law or policy... ." § 120.52(14), Fla. Stat. (1981). Here, the Fire Marshal

Manasota-88, Inc. v. DEPT. OF ENVTL. REG.

441 So. 2d 1109

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1333473

Cited 4 times | Published

required with reasonable dispatch, ... Second, § 120.52(8), which provides: (8) "Licensing" means the

Dept. of Rev. v. American Tel. & Tel. Co.

431 So. 2d 1025

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1511994

Cited 4 times | Published

statement may have all the characteristics of Section 120.52(14)'s definition of rule. If on the other hand

Greene v. ST. DEPT. OF NATURAL RESOURCES

414 So. 2d 251

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 1358464

Cited 4 times | Published

affect the substantial interests of a party. Section 120.52(10)(b), Florida Statutes (1979), defines a

Lowe v. FLA. PAROLE & PROBATION COMM.

416 So. 2d 470

District Court of Appeal of Florida | Filed: Apr 30, 1982 | Docket: 99898

Cited 4 times | Published

of obtaining proceedings under the act. See, section 120.52(10)(d), Florida Statutes (1981). Therefore

Roberson v. FLA. PAROLE & PROBATION COM'N

407 So. 2d 1044

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 467390

Cited 4 times | Published

required by the clear terms of that portion of Section 120.52(10)(d) which states that Prisoners as defined

GRABBA-LEAF, LLC v. Department of Business and Professional etc.

257 So. 3d 1205

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8139852

Cited 3 times | Published

120, then it is considered an “unadopted rule.” § 120.52(20), Fla. Stat. Agencies may not enforce an unadopted

Florida Carry, Inc. v. University of North Florida

133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981

Cited 3 times | Published

subject to the Administrative Procedure Act. Cf. § 120.52(1), Fla. Stat. (defining "agency” to exclude governmental

Washington County v. Northwest Florida Water Management District

85 So. 3d 1127, 2012 WL 879284

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 2413967

Cited 3 times | Published

action subject to administrative challenge. See § 120.52(2), Fla. Stat. (2011) ("Agency action" means the

State Board of Administration v. Huberty

46 So. 3d 1144, 2010 Fla. App. LEXIS 16609, 35 Fla. L. Weekly Fed. D 2439

District Court of Appeal of Florida | Filed: Nov 2, 2010 | Docket: 2400460

Cited 3 times | Published

specifically required by statute or by an existing rule." § 120.52(16), Fla. Stat. (2008). We have held that "`[a]n

Coventry First, LLC v. State, Office of Insurance Regulation

38 So. 3d 200, 2010 WL 2292928

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1182182

Cited 3 times | Published

legislature defines an administrative rule at section 120.52(16), Florida Statutes: "Rule" means each agency

Collier County Bd. of County Com'rs v. Fwcc

993 So. 2d 69

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 470071

Cited 3 times | Published

in s. 9, Art. IV of the State Constitution." Section 120.52(2) defines agency action as "the whole or part

Department of Health v. Merritt

919 So. 2d 561, 2006 WL 20488

District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 1269257

Cited 3 times | Published

"competent substantial evidence" as used in section 120.52(8)(f), Florida Statutes, which provided at

Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.

888 So. 2d 50, 2004 WL 2146986

District Court of Appeal of Florida | Filed: Sep 27, 2004 | Docket: 1327864

Cited 3 times | Published

non-adopted rule, contrary to the provisions of section 120.52(15), Florida Statutes (2002). I cannot agree

Osterback v. Agwunobi

873 So. 2d 437, 2004 WL 874932

District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 1732933

Cited 3 times | Published

remainder of the definition of a "rule" in section 120.52.(16): "agency statement of general applicability

Florida Water Services Corp. v. Robinson

856 So. 2d 1035, 2003 Fla. App. LEXIS 11784, 2003 WL 21817929

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1297942

Cited 3 times | Published

or special law or existing judicial decisions. § 120.52(1)(c), Fla. Stat. Historically, the APA has never

Dept. of Ins. v. Ass'n of Ins. Agents

813 So. 2d 981, 2002 WL 397745

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 1403182

Cited 3 times | Published

shall include a regional water supply authority. § 120.52(1), Fla. Stat. (2001). The ALJ concluded that

Quigley v. Florida Dept. of Corrections

745 So. 2d 1029, 1999 Fla. App. LEXIS 13722, 1999 WL 924400

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1689284

Cited 3 times | Published

92-166, § 9, at 1678, Laws of Fla. (codified at § 120.52(12), Fla. Stat. (Supp.1992)), prisoners have been

Eckert v. BD OF COM'RS, N. BROWARD HOSP.

720 So. 2d 1151, 1998 WL 796711

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1718898

Cited 3 times | Published

statutory definition of an "agency" contained in section 120.52(1), Florida Statutes (1997).[1]See Padovano

BD. OF TRUST. OF INT. IMPROV. TRUST v. Levy

656 So. 2d 1359, 1995 WL 376683

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 1283483

Cited 3 times | Published

other things, it is arbitrary or capricious. Section 120.52(8)(e), Florida Statutes (1993). [2] In paragraph

Hillhaven v. DEPT. OF HEALTH & REHAB SERV.

625 So. 2d 1299

District Court of Appeal of Florida | Filed: Nov 1, 1993 | Docket: 474082

Cited 3 times | Published

Chiles rule inapplicable to the instant case. Section 120.52(8), Florida Statutes (1989), provides, in part:

ROYAL PALM SQUARE v. Sevco Land Corp.

623 So. 2d 533, 1993 WL 247127

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 1183120

Cited 3 times | Published

final agency action. Agrico, 406 So.2d at 482; see § 120.52(2), (11) and (12), Fla. Stat. (1989). Pursuant

Department of Corrections v. Hargrove

615 So. 2d 199, 1993 Fla. App. LEXIS 2382, 1993 WL 53137

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 1658949

Cited 3 times | Published

Appellee alleged that the proposed rule violated section 120.52(8)(a) and (b), which states that a proposed

Home Builders and Contractors Ass'n v. DCA

585 So. 2d 965

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1293683

Cited 3 times | Published

policies do not meet the definition of a rule, Section 120.52(16). These findings, which are conclusive of

State Ex Rel. Bettendorf v. ENVIRONMENTAL CONTROL HEAR. BD.

564 So. 2d 1227, 1990 WL 107785

District Court of Appeal of Florida | Filed: Aug 1, 1990 | Docket: 276573

Cited 3 times | Published

definition of the Administrative Procedures Act, section 120.52(1)(a) (c), Florida Statutes (1987), and we

State, Bd. of Optometry v. FLA. SOC. OF OPHTH.

538 So. 2d 878

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 472355

Cited 3 times | Published

constitutes a rule within the definition in section 120.52(15) covering "any form which imposes any requirement

County of Volusia v. CITY OF DAYTONA

420 So. 2d 606

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 1306779

Cited 3 times | Published

Council is an agency within the purview of section 120.52(1)(c), which provides: "Agency" means: (c)

WHITE, ETC. v. State, Dept. of Transp.

368 So. 2d 411

District Court of Appeal of Florida | Filed: Mar 6, 1979 | Docket: 1389044

Cited 3 times | Published

classify and, if the classification fell within § 120.52(14)'s definition, to invalidate.[3] Our approach

Kimball v. Hawkins

364 So. 2d 463

Supreme Court of Florida | Filed: Nov 2, 1978 | Docket: 461839

Cited 3 times | Published

unsupported by competent substantial evidence. Section 120.52(13) defines "recommended order" as follows:

Kawasaki of Tampa, Inc. v. Calvin

348 So. 2d 897

District Court of Appeal of Florida | Filed: Aug 18, 1977 | Docket: 1761157

Cited 3 times | Published

[H]earings before a member of an agency head ... * * *" § 120.52(3) states that agency head "means the person or

Laborers Int'l U. of No. Amer. v. PUBLIC EMP. COM'N

336 So. 2d 450

District Court of Appeal of Florida | Filed: Aug 16, 1976 | Docket: 1721091

Cited 3 times | Published

relation to intervention in a proceeding before PERC, § 120.52(10), Florida Statutes, (the Administrative Procedure

City of Key West v. Askew

324 So. 2d 655, 1975 Fla. App. LEXIS 19073

District Court of Appeal of Florida | Filed: Dec 23, 1975 | Docket: 1248985

Cited 3 times | Published

they are not parties within the meaning of Florida Statute 120.52(9). *657 Final Agency Action The statutory

Miami Dade College v. Del Pino Allen

271 So. 3d 1194

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988970

Cited 2 times | Published

statutorily responsible for final agency action.” § 120.52(3), Fla. Stat. (2018).

Adams v. Sch. Bd. of St. Johns Cnty.

318 F. Supp. 3d 1293

District Court, M.D. Florida | Filed: Jul 26, 2018 | Docket: 64319396

Cited 2 times | Published

"all other districts in this state"); Fla. Stat. § 120.52(1)(a) and (6) (defining state agency to include

Spradley v. Parole Commission

198 So. 3d 642, 2015 Fla. App. LEXIS 13438, 2015 WL 5559801

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757052

Cited 2 times | Published

2d 719, 720 (Fla.1974), superseded by section 120.52(10), Fla. Stat. (1983), on other grounds as

South Broward Hospital District v. State, Agency for Health Care Administration

141 So. 3d 678, 2014 WL 2853458, 2014 Fla. App. LEXIS 9534

District Court of Appeal of Florida | Filed: Jun 24, 2014 | Docket: 60242010

Cited 2 times | Published

District reversed and found that, pursuant to section 120.52(10)(b), Florida Statutes, the competitors only

Florida Virtualschool v. K12, Inc.

735 F.3d 1271, 108 U.S.P.Q. 2d (BNA) 1497, 2013 WL 5825430, 2013 U.S. App. LEXIS 20602

Court of Appeals for the Eleventh Circuit | Filed: Oct 10, 2013 | Docket: 1518225

Cited 2 times | Published

(Fla. 1st DCA 2010). Cf. Fla. Stat. § 120.52(8) (“An agency may adopt only rules that implement

Save Our Creeks v. State Fish & Wildlife Conservation Commission

112 So. 3d 128, 2013 WL 1908401, 2013 Fla. App. LEXIS 7468

District Court of Appeal of Florida | Filed: May 9, 2013 | Docket: 60230999

Cited 2 times | Published

a petition to adopt a rule or issue an order.” § 120.52(2), Fla. Stat. (2011). When an agency binds itself

Mae Volen Senior Center, Inc. v. AAA

978 So. 2d 191

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1508606

Cited 2 times | Published

statutory authority derived from the Legislature. § 120.52(1)(b), Fla. Stat. In establishing the DOEA, the

Smith v. Florida Dept. of Corrections

920 So. 2d 638, 2005 Fla. App. LEXIS 7670, 2005 WL 1199049

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 2551714

Cited 2 times | Published

powers and duties conferred by the same statute. § 120.52(8), Fla. Stat. (2004). Under this standard, as

Dillard & Assoc. v. Florida Dep.

893 So. 2d 702, 2005 WL 405485

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1720831

Cited 2 times | Published

interests of a party are determined by an agency." Section 120.52(12)(b), Florida Statutes (2003), defines "party"

State, Department of Children & Family Services v. I.B.

891 So. 2d 1168, 2005 Fla. App. LEXIS 803

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 64835669

Cited 2 times | Published

Ins., 540 So.2d 850, 865 (Fla. 1st DCA 1989). Section 120.52(8), Florida Statutes (2003), lists the circumstances

Smull v. Town of Jupiter

854 So. 2d 780, 2003 WL 22047786

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1747340

Cited 2 times | Published

agency" under the Administrative Procedure Act. See § 120.52, Fla. Stat. (1999). However, the Administrative

Neumont v. Monroe County, Florida

242 F. Supp. 2d 1265, 2002 U.S. Dist. LEXIS 23236, 2002 WL 31958956

District Court, S.D. Florida | Filed: Nov 21, 2002 | Docket: 2312588

Cited 2 times | Published

the Administrative Procedures Act, codified at § 120.52(1)(b), Fla. Stat. 3. Proceedings approving the

MAVERICK MEDIA GROUP v. Dept. of Transp.

791 So. 2d 491, 2001 Fla. App. LEXIS 8774, 2001 WL 708801

District Court of Appeal of Florida | Filed: Jun 26, 2001 | Docket: 1229121

Cited 2 times | Published

proceeding" pursuant to section 120.52(10)(b), Florida Statutes (1977)(same as § 120.52(12)(b), Fla. Stat.

Caddy v. State, Dept. of Health

764 So. 2d 625, 2000 WL 282539

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 2538962

Cited 2 times | Published

legislative authority under its new definition in section 120.52(8), Florida Statutes (1997), because the perpetuity

DEPT. OF BUSINESS v. Calder Race Course

724 So. 2d 100, 1998 WL 422515

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1410625

Cited 2 times | Published

had been repealed by the 1996 amendments to section 120.52(8) and the creation of section 120.536(1),

Environmental Trust v. State

714 So. 2d 493

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 200928

Cited 2 times | Published

the equivalent of a rule, which is defined in section 120.52(15), Florida Statutes (1996), as a statement

Reiff v. Northeast Florida State Hosp.

710 So. 2d 1030, 1998 Fla. App. LEXIS 5874, 1998 WL 264482

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1731530

Cited 2 times | Published

met the definition of rule, as provided in section 120.52(16), Florida Statutes (1995); hence they were

Rowell v. STATE, DEPT. OF LAW ENFORCE.

700 So. 2d 1242, 1997 WL 637640

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 1719694

Cited 2 times | Published

proceeding in the trial court. See id. According to section 120.52(2), "agency action" means a rule, order, or

Metropolitan Dade County v. Bannister

683 So. 2d 130, 1996 Fla. App. LEXIS 13154, 1996 WL 229128

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 466132

Cited 2 times | Published

this *132 instance applied the incorrect law. Section 120.52(1)(C), Fla.Stat. (1993). The procedure for

ORLANDO-ORANGE CTY. EXP. v. Hubbard Const. Co.

682 So. 2d 566, 1996 WL 491728

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1276166

Cited 2 times | Published

that the Authority is an agency as defined by section 120.52(1)(b) of the APA, and thus is subject to the

FLA. E. COAST. INDUSTRIES v. State

677 So. 2d 357

District Court of Appeal of Florida | Filed: Jul 2, 1996 | Docket: 1690066

Cited 2 times | Published

govern the agency in applying it). Accordingly, section 120.52(8)(d), Florida Statutes, provides that a rule

Cortes v. State Bd. of Regents

655 So. 2d 132, 100 Educ. L. Rep. 1201

District Court of Appeal of Florida | Filed: Apr 25, 1995 | Docket: 1326858

Cited 2 times | Published

legislative authority within the meaning of section 120.52(8), Florida Statutes (1993). The challengers'

Fla. Dept. of Community Affairs v. Escambia County

582 So. 2d 1237, 1991 WL 133567

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 165649

Cited 2 times | Published

Schulz, 180 So.2d 367 (Fla. 3d DCA 1965). Section 120.52(1)(b) defines "agency" as each state officer

Hill v. Monroe County

581 So. 2d 225, 1991 WL 97994

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 1283978

Cited 2 times | Published

subject to Chapter 120 by general or special law. Section 120.52(1)(c), Florida Statutes (1989). See also Sweetwater

Dept. of Bus. Reg., Div. of Alcoholic Beverages and Tobacco v. Martin Cty. Liquors, Inc.

574 So. 2d 170, 1991 WL 5006

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 1437193

Cited 2 times | Published

396 So.2d 1194 (Fla. 1st DCA 1981). Under Section 120.52(16), Florida Statutes (1987), "rule" is defined

PUBLIC SERVICE COM'N v. Central Corp.

551 So. 2d 568, 14 Fla. L. Weekly 2478, 1989 Fla. App. LEXIS 5924, 1989 WL 124571

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 527284

Cited 2 times | Published

decision which does not have the effect of a rule, Section 120.52(11), Florida Statutes, or a "rule," an agency

Metsch v. University of Florida

550 So. 2d 1149, 14 Fla. L. Weekly 2194, 1989 Fla. App. LEXIS 5131, 1989 WL 106778

District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 1369823

Cited 2 times | Published

that he became a "party" within the meaning of section 120.52(12) merely by applying for admission and, upon

Nach v. DEPT. OF PRO. REG., BD. OF MED. EX.

528 So. 2d 908

District Court of Appeal of Florida | Filed: Apr 29, 1988 | Docket: 1717311

Cited 2 times | Published

show that such an order was involved here. See § 120.52(10), Fla. Stat. (1985). The doctor next contends

DEPT. OF PROFESSIONAL REG. v. LeBaron

443 So. 2d 225

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1459066

Cited 2 times | Published

agency action in Section 120.57 proceedings. See Section 120.52(1), (2), (3), Florida Statutes (1981). Neither

Canter v. FLORIDA PAROLE & PROBATION COM'N

409 So. 2d 227, 1982 Fla. App. LEXIS 19125

District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 526303

Cited 2 times | Published

noted that under the express provisions of Section 120.52(10)(d), Florida Statutes, prisoners (and parolees)

Szkolny v. State Awards Committee

395 So. 2d 1290, 1981 Fla. App. LEXIS 19039

District Court of Appeal of Florida | Filed: Apr 2, 1981 | Docket: 1693018

Cited 2 times | Published

matter, the APA provides for intervention. See Section 120.52(10), (11), Fla. Stat. (1979). As to the timeliness

Florida Bankers Ass'n v. LEON CTY. TCHRS. CREDIT U.

359 So. 2d 886

District Court of Appeal of Florida | Filed: May 22, 1978 | Docket: 1418443

Cited 2 times | Published

for credit unions and prohibit all others. Section 120.52(14), Florida Statutes *891 (1977); McDonald

JFK Medical Center Limited etc. v. Shands Jacksonville Medical Center etc.

259 So. 3d 247

District Court of Appeal of Florida | Filed: Nov 13, 2018 | Docket: 8168697

Cited 1 times | Published

that have not satisfied their rule minimum. See § 120.52(8)(c) & (d), Fla. Stat. that statute is

Delgado v. Agency for Health Care Admin.

237 So. 3d 432

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64673084

Cited 1 times | Published

interests are being determined in the proceeding ." § 120.52(13)(a), Fla. Stat. (2016) (emphasis added). In

Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering v. Dania Entertainment Center, LLC

229 So. 3d 1259

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219403

Cited 1 times | Published

also includes the amendment or repeal of a rule.” § 120.52(16), Fla. Stat. (emphasis added). “To constitute

Robinson v. Stewart

161 So. 3d 589, 2015 Fla. App. LEXIS 871, 2015 WL 292481

District Court of Appeal of Florida | Filed: Jan 23, 2015 | Docket: 60247218

Cited 1 times | Published

the hefty burden of proof that applies. . Section 120.52(8), which in a 1996 statutory rewrite narrowed

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, Division of Workers' Compensation

156 So. 3d 520, 2015 WL 46515

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620437

Cited 1 times | Published

requirements of’ section 120.54, Florida Statutes. § 120.52(20), Fla. Stat. (2014). “Rule” means “each agency

Winick v. Department of Children & Family Services

161 So. 3d 464, 2014 WL 2751035, 2014 Fla. App. LEXIS 9190

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60247163

Cited 1 times | Published

specifically required by statute or by an existing rule.” § 120.52(16), Fla. Stat. (2012). “Each agency statement

Sowell v. State

136 So. 3d 1285, 2014 Fla. App. LEXIS 7050, 2014 WL 1882209

District Court of Appeal of Florida | Filed: May 12, 2014 | Docket: 60239971

Cited 1 times | Published

clerk as a “final order” in accordance with section 120.52(7), Florida Statutes (2013) (defining a “final

State, Department of Financial Services v. Peter R. Brown Construction, Inc.

108 So. 3d 723, 2013 WL 764965, 2013 Fla. App. LEXIS 3325

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60229219

Cited 1 times | Published

delegated legislative authority pursuant to section 120.52(8), Florida Statutes. Appellant sought dismissal

Subirats v. Fidelity National Property

106 So. 3d 997, 2013 WL 616602, 2013 Fla. App. LEXIS 2620

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228531

Cited 1 times | Published

duties granted by the enabling statute.”); see also § 120.52(8). Conversely, where a statute does not contain

Decker v. University of West Florida

85 So. 3d 571, 2012 Fla. App. LEXIS 6312, 2012 WL 1392660

District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60307387

Cited 1 times | Published

other than those derived from the constitution.” § 120.52(1), Fla. Stat. The significance of this limitation

Couchman v. University of Central Florida

84 So. 3d 445, 2012 WL 1121654, 2012 Fla. App. LEXIS 5296

District Court of Appeal of Florida | Filed: Apr 5, 2012 | Docket: 2416738

Cited 1 times | Published

Governor, 334 So.2d 561, 562 n. 2 (Fla.1976). Section 120.52(1) defines "agency" to mean the following officers

Ft. Myers Real Estate Holdings, LLC v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

53 So. 3d 1158, 2011 Fla. App. LEXIS 1428, 2011 WL 362416

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298008

Cited 1 times | Published

determined by the agency’s denial of the permit. See § 120.52(13)(a), Fla. Stat. Accordingly, the permit applicant

Ft. Myers Real Estate Holdings, LLC v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

53 So. 3d 1158, 2011 Fla. App. LEXIS 1428, 2011 WL 362416

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298008

Cited 1 times | Published

determined by the agency’s denial of the permit. See § 120.52(13)(a), Fla. Stat. Accordingly, the permit applicant

Florida Elections Commission v. Blair

52 So. 3d 9, 2010 Fla. App. LEXIS 18651, 2010 WL 4967709

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 235627

Cited 1 times | Published

exercise of delegated legislative authority under section 120.52(8)(b) and (c), Florida Statutes (2009). The

STUDENTS FOR ONLINE VOTING v. MacHen

24 So. 3d 1273, 2009 WL 5152362

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1867497

Cited 1 times | Published

properly render it by filing it with the clerk. See § 120.52(7), Fla. Stat. (2009); Bank of Port St. Joe v

Norkunas v. STATE BLDG. COM'N

982 So. 2d 1227, 2008 WL 2167981

District Court of Appeal of Florida | Filed: May 27, 2008 | Docket: 2583850

Cited 1 times | Published

than being a "party" as the term is defined in section 120.52(12), Norkunas is in fact a member of the FBC

Golden West Financial Corp. v. Florida Department of Revenue

975 So. 2d 567, 2008 Fla. App. LEXIS 2129, 2008 WL 420039

District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 64853958

Cited 1 times | Published

delegated legislative authority” prohibited by section 120.52(8)(c), Florida Statutes, because it “enlarges

Courts v. Agency for Health Care Admin.

965 So. 2d 154, 2007 WL 2174850

District Court of Appeal of Florida | Filed: Jul 31, 2007 | Docket: 446804

Cited 1 times | Published

policy," and thus not a "rule" as defined in section 120.52(15), Florida Statutes (2005), in interpreting

COASTAL FUELS MKTG. v. Canaveral Port Auth.

962 So. 2d 942, 2007 Fla. App. LEXIS 11005, 2007 WL 2065777

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1519379

Cited 1 times | Published

statutory definition of "agency," and in particular section 120.52(1)(b)2., which includes within the definition

Survivors Charter v. Sch. Bd. of Palm Beach

968 So. 2d 39, 2007 Fla. App. LEXIS 10702, 32 Fla. L. Weekly Fed. D 1670

District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 1745206

Cited 1 times | Published

local school districts such as the School Board. § 120.52(1)(b)7., (6), Fla. Stat. The provisions of the

Ass'n of Fla. Community Developers v. Dep

943 So. 2d 989

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1527339

Cited 1 times | Published

exercise of delegated legislative authority under section 120.52(8)(c), Florida Statutes (2005). Proposed rule

Feldman v. DEPARTMENT OF CHILDREN AND FAMS.

919 So. 2d 512, 2005 WL 3403651

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 1269030

Cited 1 times | Published

satisfied the definition of "rule," as provided in section 120.52(15), Florida Statutes, it was of no force and

Kerper v. Department of Environmental Protection

894 So. 2d 1006, 2005 Fla. App. LEXIS 188, 2005 WL 74097

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1768186

Cited 1 times | Published

constitutes an unpromulgated rule. We agree. Section 120.52(15), Florida Statutes (2003) defines an agency

Kerper v. Department of Environmental Protection

894 So. 2d 1006, 2005 Fla. App. LEXIS 188, 2005 WL 74097

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1768186

Cited 1 times | Published

constitutes an unpromulgated rule. We agree. Section 120.52(15), Florida Statutes (2003) defines an agency

Ortiz v. Department of Health

882 So. 2d 402, 2004 WL 1621440

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 1289633

Cited 1 times | Published

Fla. Stat. (2002). As pertains to this case, section 120.52(8), Florida Statutes (2002), states: "Invalid

Hennessey v. DEPT. OF BUS. & PROF'L REG. DIVISION OF PARI-MUTUEL WAGERING

818 So. 2d 697, 2002 WL 1306019

District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1652843

Cited 1 times | Published

of an administrative rule are set forth in section 120.52(8), Florida Statutes, which defines an invalid

Sierra Club v. ST. JOHNS RIVER WATER

816 So. 2d 687, 2002 Fla. App. LEXIS 4714, 2002 WL 537041

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 1753397

Cited 1 times | Published

enlarges, modifies or contravenes the statute. § 120.52(8)(c), Fla. Stat. (2001).[1] We conclude, as did

Griffin Ex Rel. Griffin v. Jb Hunt Transport

795 So. 2d 155, 2001 WL 1001247

District Court of Appeal of Florida | Filed: Sep 4, 2001 | Docket: 1252238

Cited 1 times | Published

examiners. Florida's Administrative Procedure Act, section 120.52(8), Florida Statutes (1999), empowers agencies

Anderson Columbia v. Bd. of Trustees

748 So. 2d 1061, 1999 WL 1244426

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1750442

Cited 1 times | Published

powers and duties granted by the enabling statute," § 120.52(8), Fla. Stat. (1999), the rule the Trustees proposed

Department of Revenue v. Novoa

745 So. 2d 378, 1999 WL 821070

District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 1689279

Cited 1 times | Published

that qualify as rules and those that do not. Section 120.52(15), Florida Statutes defines a rule as follows:

Agency for Health Care v. Fl. Coalition

718 So. 2d 869, 1998 WL 558983

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 466464

Cited 1 times | Published

exercise of delegated legislative authority." Section 120.52(8), Florida Statutes (Supp.1996), defines that

Bd. of Clin. Lab. v. Ass'n of Blood Banks

721 So. 2d 317, 1998 WL 432490

District Court of Appeal of Florida | Filed: Aug 3, 1998 | Docket: 1694635

Cited 1 times | Published

supported by competent, substantial evidence. § 120.52(8), Fla. Stat. An "arbitrary" decision is one

Lost Tree Village Corp. v. Board of Trustees

698 So. 2d 634, 1997 Fla. App. LEXIS 10104, 1997 WL 536031

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775513

Cited 1 times | Published

rules. Lost Tree contends that pursuant to section 120.52(8)(b), Florida Statutes (1991), IITF has exceeded

Singer Island Civic Ass'n v. State Der

636 So. 2d 723, 1994 WL 81811

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 1361281

Cited 1 times | Published

the stipulation constitutes agency action. Section 120.52(2), Florida Statutes (1991), provides as follows:

Gmc v. Dept. of Hwy. Safety & Motor Veh.

625 So. 2d 76, 1993 WL 366884

District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 1517582

Cited 1 times | Published

939, 942 (Fla. 1st DCA 1985). According to section 120.52, Florida Statutes, a proposed rule is an invalid

Endress v. FLA. DEPT. OF CORRECTIONS

612 So. 2d 645, 1993 WL 5047

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 1677015

Cited 1 times | Published

The appeal was pending on July 1, 1992, when section 120.52(12)(d), Florida Statutes (Supp. 1992), became

STATE DEPT. OF ENV. REG. v. Manasota-88, Inc.

584 So. 2d 133, 1991 WL 151982

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 2556004

Cited 1 times | Published

legislative authority which must be invalidated. § 120.52(8)(c), Fla. Stat. (1989). Rule 17-103.170 lists

US Shoe Corp. v. DEPT. OF PRO. REG.

578 So. 2d 376

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 440971

Cited 1 times | Published

exercise of delegated legislative authority. Under Section 120.52(8), a proposed rule is an invalid exercise

Friends of the Everglades v. S. FLA. REG. PL.

456 So. 2d 491

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 354228

Cited 1 times | Published

there was no reviewable "agency action" under Section 120.52(2) and (10), Florida Statutes (1983) and Florida

Department of Corrections v. Sumner

447 So. 2d 1388, 1984 Fla. App. LEXIS 12384

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 1312068

Cited 1 times | Published

standing to maintain this proceeding. 2... . Section 120.52(1)(d), Florida Statutes, defines "agency" to

Sporl v. Lowrey

431 So. 2d 245

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 456152

Cited 1 times | Published

because the Board was an agency as defined in § 120.52(1)(b), Fla. Stat., and ultimately requested that

Dept. of Corrections v. CAREER SERVICE COM'N

429 So. 2d 1244, 1983 Fla. App. LEXIS 18946

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 2526525

Cited 1 times | Published

standards of finality for appeal purposes. NOTES [1] § 120.52(9): "... when reduced to writing and filed with

Fla. Inst. Legal Serv. v. Fla. Parole & Prob. Comm.

391 So. 2d 247

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1173960

Cited 1 times | Published

54(5) remedies by the restrictions stated in Section 120.52(10). Comer v. Parole and Probation Comm'n,

South Fla. Regional Planning Council v. STATE LAND & WATER ADJUDICATORY COMM'N

372 So. 2d 159

District Court of Appeal of Florida | Filed: Jun 12, 1979 | Docket: 1325407

Cited 1 times | Published

order. A "party" is specifically defined in Section 120.52(10) as follows: "(a) Specifically named persons

FLORIDA STATE BD. OF EDN. v. Brady

368 So. 2d 661

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1389674

Cited 1 times | Published

is a rule within the meaning of the APA, F.S. § 120.52(14). 4. The scoring criterion by which mastery

SCHOOL BD. OF BROWARD CTY. v. Constant

363 So. 2d 859

District Court of Appeal of Florida | Filed: Nov 1, 1978 | Docket: 461187

Cited 1 times | Published

attack is "agency action" within the purview of Section 120.52(2), Florida Statutes (1976). Appellees argue

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Aug 7, 2025 | Docket: 69455307

Published

be a party in a judicial proceeding. See, e.g., § 120.52(13)(c), Fla. Stat. (defining a “party” to include

Episcopal Children's Services, Inc. v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jun 20, 2025 | Docket: 70590495

Published

Classification Summaries were unadopted rules. See § 120.52(20), Fla. Stat.; see also Fla. Admin. Code R.

Florida Department of Health v. Pups Pub TPA, LLC, & Pups Pub Orlando, LLC

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996620

Published

requirements of [section 120.54, Florida Statutes].” § 120.52(20), Fla. Stat. (2023). A “rule” is defined as

Sanctuary Cannabis v. Florida Department of Health

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69792797

Published

exercise of delegated legislative authority under § 120.52(8)(e), Florida Statutes, because it failed to

Bernard Cooper v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564927

Published

. . to represent [the county’s consumers].” § 120.52(13)(a)-(d), Fla. Stat. (2023). In this

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958703

Published

conferred by the enabling statute.”); see also § 120.52(8)(b), Fla. Stat. (“A proposed or existing rule

LIGHTSEY CATTLE COMPANY v. FLORIDA FISH AND WILDLIFE CONSERVATIVE COMMISSION

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68490751

Published

actions, therefore, are not “agency action.” Section 120.52(1)(a) of the APA defines agency to mean certain

Michael Weisser v. Florida Department of Health, Office of Medical Marijuana Use, McCrory's Sunny Hill Nursery, LLC

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848307

Published

2 GrowHealthy’s variance. See § 120.52(13), Fla. Stat. To demonstrate standing

South Marion Real Estate Holdings, LLC d/b/a Oxford Downs, and Darold R. Donnelly v. Florida Gaming Control Commission

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68003650

Published

provisions of the law that it implements. See § 120.52(8)(b)–(c), Fla. Stat. (2022). The ALJ rejected

Office of Public Counsel v. Florida Public Service Commission, Pluris Wedgefield, LLC.

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68381314

Published

and judiciary from application of chapter 120); § 120.52(1), Fla. Stat. (defining “agency” in terms that

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

mean “the whole or part of a[n] . . . order.” § 120.52(2), Fla. Stat. (2021). Because an agency’s action

Leonardo Lynch v. Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892180

Published

it is ‘filed with the agency clerk.’”) (citing § 120.52(7), Fla. Stat.). Here, there is no dispute

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64713205

Published

constitute an invalid unadopted rule under section 120.52(8)(a), (c)-(e), Florida Statutes. The Hospitals

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64713206

Published

constitute an invalid unadopted rule under section 120.52(8)(a), (c)-(e), Florida Statutes. The Hospitals

The Public Health Trust of Miami-Dade County, etc. v. Agency for Health Care Administration

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 15004989

Published

constitute an invalid unadopted rule under section 120.52(8)(a), (c)-(e), Florida Statutes. The Hospitals

Frs-Fast Reliable Seaway v. Board of Pilot Commissioners

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 8454712

Published

§ 120.68(1)(a), Fla. Stat. (2017). Section 120.52(13) of the Florida Statutes defines a “party”

FRS-Fast Reliable Seaway, LLC. v. Bd. of Pilot Comm'rs of Fla.

261 So. 3d 744

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 64700837

Published

jurisdiction. § 120.68(1)(a), Fla. Stat. (2017). Section 120.52(13) of the Florida Statutes defines a "party"

FRS-Fast Reliable Seaway, LLC. v. Bd. of Pilot Comm'rs of Fla.

261 So. 3d 744

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 64700836

Published

jurisdiction. § 120.68(1)(a), Fla. Stat. (2017). Section 120.52(13) of the Florida Statutes defines a "party"

BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION

263 So. 3d 125

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109851

Published

action, and who makes an appearance as a party. § 120.52(13)(b), Fla. Stat. (2016). A two-part test

CITY OF WEST PALM BEACH v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

253 So. 3d 623

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619149

Published

256 (Fla. 1st DCA 2002), superseded by statute, § 120.52(8), Fla. Stat. (2003)(holding that a party is

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

252 So. 3d 849

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587955

Published

delegated legislative authority, in violation of section 120.52(8)(b-c), Florida Statutes. In its summary

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299

Published

judicial review by the appellate court. 2 See § 120.52(7); 120.569; see also Fla. R. App. P. 9.190(b)(1)

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

legislative authority under various provisions of section 120.52(8), Florida Statutes (2009). Blood Collection

SCF, Inc. v. Florida Thoroughbred Breeders' Association, Inc. etc.

227 So. 3d 770, 2017 WL 4583022

District Court of Appeal of Florida | Filed: Oct 16, 2017 | Docket: 6182884

Published

challenging the statutory compliance of FTBOA’s plan. § 120.52(13)(b), Fla. Stat. To détermine whether a third-party

Florida Pulp & Paper Ass'n Environmental Affairs, Inc. v. Department of Environmental Protection

223 So. 3d 417, 2017 WL 2945601, 2017 Fla. App. LEXIS 9889

District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6087795

Published

exercises of delegated legislative authority under section 120.52(8)(a), (d), and (e), Florida Statutes.

DANIEL R. FERNANDEZ AND Dax J. Lonetto, Sr., PLLC v. Florida Justice Association

223 So. 3d 1055, 2017 WL 1325869, 2017 Fla. App. LEXIS 4952

District Court of Appeal of Florida | Filed: Apr 11, 2017 | Docket: 4670976

Published

delegated legislative authority, as defined in section 120.52(8), Florida Statutes. Nothing in the record

Citizens of the State of Florida v. Art Graham, etc.

213 So. 3d 703, 42 Fla. L. Weekly Supp. 312, 2017 WL 1021849, 2017 Fla. LEXIS 585

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618312

Published

denial of a request made under s. 120.54(7).” § 120.52(2), Fla. Stat. (2016). Guiding judicial review

Madison Highlands, LLC v. Florida Housing Finance Corp.

220 So. 3d 467, 2017 WL 729535, 2017 Fla. App. LEXIS 2526

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60294200

Published

the “substantial interest” element found in section 120.52(13)(b), Florida Statutes (2016). The Agrico

Madison Highlands v. Florida Housing

220 So. 3d 467

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613137

Published

the “substantial interest” element found in section 120.52(13)(b), Florida Statutes (2016). The Agrico

Putnam Community Medical Center v. Florida Birth-Related NeuroLogical Injury Compensation Ass'n

204 So. 3d 598, 2016 Fla. App. LEXIS 17937

District Court of Appeal of Florida | Filed: Dec 5, 2016 | Docket: 4548149

Published

be determined in the proceeding. See § 120.52(13)(b), Fla. Stat. (defining a “party” to include

Rivera v. University of South Florida St. Petersburg

176 So. 3d 363, 2015 Fla. App. LEXIS 14456, 2015 WL 5714642

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863174

Published

statutory authority derived from the ©legislature.” § 120.52(l)(a), (6), Fla. Stat. (2014). However, to the

Port Everglades Pilots Ass'n v. Florida-Caribbean Cruise Ass'n

170 So. 3d 952, 2015 Fla. App. LEXIS 11894, 2015 WL 4731413

District Court of Appeal of Florida | Filed: Aug 11, 2015 | Docket: 60249546

Published

151(4)(a), Florida Statutes (2014)); see also § 120.52(3), Fla. Stat. (2014) (“‘Agency head’ means the

United Faculty of Florida v. Florida State Board of Education

157 So. 3d 514

District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634477

Published

exercise of delegated legislative authority under section 120.52(8)(b), Florida Statutes (2012).1 Second, UFF

Tejada-Guibert v. Florida International University Board of Trustees

159 So. 3d 200, 2015 Fla. App. LEXIS 1797, 2015 WL 557206

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 60246518

Published

therefore, does not constitute a final order. § 120.52(7), Fla. Stat. (2014). We therefore lack jurisdiction

Dr. Tejada-Guibert v. Fl Int. University Board of Trustees

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633395

Published

therefore, does not constitute a final order. § 120.52(7), Fla. Stat. (2014). We therefore lack

G. B., Z.L., through his guardian K.L. v. Agency For Persons With Disabilities

143 So. 3d 454

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378014

Published

of ... the language of the enabling statute.” § 120.52(8)(c), (9), Fla. Stat. It is not enough that the

Florida Quarter Horse Track Ass'n v. State, Department of Business & Professional Regulation, Division of Parimutuel Wagering

133 So. 3d 1118, 2014 WL 483348, 2014 Fla. App. LEXIS 1741

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238687

Published

adopted pursuant to the requirements of s. 120.54.” § 120.52(20), Fla. Stat.; see also § 120.54(l)(a), Fla

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234695

Published

2000) (recognizing that the 1999 amendments to section 120.52(8) rejected the standard adopted by this court

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

123 So. 3d 86, 2013 WL 4859092

District Court of Appeal of Florida | Filed: Sep 12, 2013 | Docket: 60235253

Published

by “provision of statute” as contemplated by section 120.52(13) we need not decide here. The ALJ was correct

Prescription Partners, LLC v. State, Department of Financial Services

109 So. 3d 1218, 2013 WL 1235893, 2013 Fla. App. LEXIS 5161

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229469

Published

fit within the definition of a ‘party' under Section 120.52(13), Fla. Stat., because its only interest

Ivey v. Florida Department of Transportation

103 So. 3d 1059, 2013 Fla. App. LEXIS 340, 2013 WL 149752

District Court of Appeal of Florida | Filed: Jan 10, 2013 | Docket: 60226875

Published

the agency clerk, it has not yet been rendered. § 120.52(7), Florida Statutes; see also Hill v. Div. of

Department of Health v. Bayfront Medical Center, Inc.

134 So. 3d 1017, 2012 Fla. App. LEXIS 20567, 2012 WL 5971201

District Court of Appeal of Florida | Filed: Nov 30, 2012 | Docket: 60238996

Published

delegated legislative authority” is defined in section 120.52(8), Florida Statutes: (8) “Invalid exercise

Elmwood Terrace Limited Partnership v. Florida Housing Finance Corporation

73 So. 3d 362, 2011 Fla. App. LEXIS 17534, 2011 WL 5301600

District Court of Appeal of Florida | Filed: Nov 7, 2011 | Docket: 423040

Published

(2009); § 120.68(1), Fla. Stat. (2009); see also § 120.52(16), Fla. Stat. (2009) (defining a rule as an

Moonier v. Florida Unemployment Appeals Commission

73 So. 3d 366, 2011 Fla. App. LEXIS 17536, 2011 WL 5301612

District Court of Appeal of Florida | Filed: Nov 7, 2011 | Docket: 60303386

Published

clerk of the agency. See Fla. R.App. P. 9.020(h); § 120.52(7) Fla. Stat. (2008); Hill v. Division of Retirement

St. Johns Riverkeeper, Inc. v. St. Johns River Water Management

54 So. 3d 1051, 2011 Fla. App. LEXIS 1979, 2011 WL 553494

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60298225

Published

determined by an agency....” Additionally, section 120.52(13)(b) defines “party” as “[a]ny other person

Ago

Florida Attorney General Reports | Filed: Dec 29, 2010 | Docket: 3256148

Published

granted by an agency's enabling legislation. Section 120.52(16), Florida Statutes, defines "[r]ule" to

AmeriLoss Public Adjusting Corp. v. Lightbourn

46 So. 3d 107, 2010 Fla. App. LEXIS 15012, 2010 WL 3893912

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2399308

Published

persons whose interests are to be represented. § 120.52(13), Fla. Stat. (2008).

Office of Insurance Regulation v. Life Insurance Settlement Ass'n

31 So. 3d 953, 2010 Fla. App. LEXIS 4688, 2010 WL 1407374

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 1648086

Published

provisions of law implemented as contemplated by section 120.52(8)(c). The ALJ determined although section

Students for Online Voting v. Machen

24 So. 3d 1273, 2009 Fla. App. LEXIS 20497

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 60287259

Published

properly render it by filing it with the clerk. See § 120.52(7), Fla. Stat. (2009); Bank of Port St. Joe v

W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

27 So. 3d 73, 2009 Fla. App. LEXIS 15575, 2009 WL 3278095

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1664747

Published

District reversed, finding that, pursuant to section 120.52(10)(b), Florida Statutes, the competitors had

Lamar Outdoor Advertising-Llakeland v. Florida Department of Transportation

17 So. 3d 799, 2009 Fla. App. LEXIS 11592, 2009 WL 2513472

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1444574

Published

and, thus, the ALJ denied the petition. Under section 120.52(8), Florida Statutes (2007), a rule by an administrative

First Quality Home Care, Inc. v. Alliance for Aging, Inc.

14 So. 3d 1149, 2009 Fla. App. LEXIS 7605, 2009 WL 1675839

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1160988

Published

only if Alliance is an “agency” as defined in section 120.52(1), Florida Statutes (2007),2 and section 287

Florida Department of Financial Services v. Capital Collateral Regional Counsel-Middle Region

969 So. 2d 527, 2007 Fla. App. LEXIS 18685, 2007 WL 4145459

District Court of Appeal of Florida | Filed: Nov 26, 2007 | Docket: 64853147

Published

unadopted and unwritten rule, as defined by section 120.52(15), Florida Statutes, declaring that CCRC-M

Board of Commissioners v. Thibadeau

956 So. 2d 529, 2007 Fla. App. LEXIS 7485, 2007 WL 1427461

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 64850679

Published

will be affected by proposed agency action.” See § 120.52(12)(b), Fla. Stat. (defining the term “party”);

Vale v. McDonough

958 So. 2d 966, 2007 Fla. App. LEXIS 7029, 2007 WL 1319263

District Court of Appeal of Florida | Filed: May 8, 2007 | Docket: 64851087

Published

constitutes a rule under the definition in section 120.52(16), Florida Statutes (1987), has been issued

P.J.S. v. School Board of Citrus County

951 So. 2d 53, 2007 Fla. App. LEXIS 3444, 2007 WL 700959

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 64849692

Published

authorize or contemplate adding DOAH as a party. Section 120.52(12)(a), Florida Statutes (2003), defines the

Hanger Prosthetics & Orthotics, Inc. v. Department of Health, Board of Orthotists & Prosthetists

948 So. 2d 980, 2007 Fla. App. LEXIS 2358, 2007 WL 516131

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 64849168

Published

exercise of delegated legislative authority under section 120.52(8)(b) and (c), Florida Statutes. A proposed

Frazier Ex Rel. Frazier v. Alexandre

434 F. Supp. 2d 1350, 2006 U.S. Dist. LEXIS 38561, 2006 WL 1528791

District Court, S.D. Florida | Filed: May 31, 2006 | Docket: 2300547

Published

effected only by a rule, Fla. Stat. § 120.52(15), or an order, § 120.52(7). The State Defendants cite no

Hartman-Tyner, Inc. v. Division of Pari-Mutuel Wagering, Department of Business & Professional Regulation

923 So. 2d 559, 2006 Fla. App. LEXIS 3719, 2006 WL 658899

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 64842987

Published

Administrative Code Rule 61D-11.027(l)(a) violated section 120.52(8)(c), Florida Statutes, by enlarging the specific

Toth v. South Florida Water Management District

895 So. 2d 482, 2005 Fla. App. LEXIS 1323, 2005 WL 293025

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64836439

Published

“substantial interests” must have been determined. § 120.52(12)(a) and § 120.57(l)(e)l, Fla. Stat. (2003)

Imami v. University of Florida

875 So. 2d 1255, 2004 Fla. App. LEXIS 7058, 2004 WL 1123482

District Court of Appeal of Florida | Filed: May 21, 2004 | Docket: 64831191

Published

not constitute a final order as defined by section 120.52(7), Florida Statutes, because it has not been

Jenkins v. State

855 So. 2d 1219, 2003 Fla. App. LEXIS 15280, 2003 WL 22327076

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 64825716

Published

rule within the meaning of the APA, found in section 120.52(15), Florida Statutes (1999). The motion requested

Osceola Fish Farm. Ass'n, Inc. v. Div., of Admin. Hear.

830 So. 2d 932, 2002 WL 31557666

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 471423

Published

the ground that it constitutes a rule under section 120.52 that has not been adopted by the rulemaking

United Wisconsin Life Insurance Co. v. Florida Department of Insurance

831 So. 2d 239, 2002 Fla. App. LEXIS 15859, 2002 WL 31431620

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 64819107

Published

as to require rulemaking by the Department. See § 120.52(15), Fla. Stat. (2000). The issues raised by the

State, Board of Trustees of the Internal Improvement Trust Fund v. Day Cruise Ass'n

798 So. 2d 847, 2001 Fla. App. LEXIS 15599, 2001 WL 1344079

District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 64809834

Published

of delegated authority within the meaning of section 120.52(8)(b) or (c), Florida Statutes (1999)? Except

South Broward Hospital District v. Brooks

799 So. 2d 280, 2001 Fla. App. LEXIS 12902, 2001 WL 1045930

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 64809976

Published

designations are not “licenses” as defined in section 120.52(9), and find them to be without merit. We grant

John/Jane Doe v. Jeb Bush

261 F.3d 1037

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 2001 | Docket: 1118827

Published

Florida’s Administrative Procedure Act, Fla. Stat. § 120.52 et seq. See Cleveland Clinic Florida Hosp. v

John/Jane Doe v. Jeb Bush

261 F.3d 1037, 50 Fed. R. Serv. 3d 1161, 2001 U.S. App. LEXIS 18552

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 2001 | Docket: 397028

Published

Florida’s Administrative Procedure Act, Fla. Stat. § 120.52 et seq. See Cleveland Clinic Florida Hosp

Board of Trustees v. Support Terminals Operating Partnership, L.P.

776 So. 2d 337, 2001 Fla. App. LEXIS 432, 2001 WL 45252

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 64803237

Published

1376 (Fla. 1st DCA 1997). In pertinent part, section 120.52(7), Florida Statutes (2000), defines a “final

Board of Trustees v. Support Terminals Operating Partnership, L.P.

776 So. 2d 337, 2001 Fla. App. LEXIS 432, 2001 WL 45252

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 64803237

Published

1376 (Fla. 1st DCA 1997). In pertinent part, section 120.52(7), Florida Statutes (2000), defines a “final

City of Winter Park v. Metropolitan Planning Organization for the Orlando Urban Area

765 So. 2d 797, 2000 Fla. App. LEXIS 10187, 2000 WL 1090728

District Court of Appeal of Florida | Filed: Aug 7, 2000 | Docket: 64799869

Published

constituted an invalid “rule” pursuant to section 120.52(8)(a), Florida Statutes (1997). Among the issues

Florida Public Serv. v. Florida Waterworks

731 So. 2d 836, 1999 Fla. App. LEXIS 5937

District Court of Appeal of Florida | Filed: May 10, 1999 | Docket: 1409307

Published

failure to follow rulemaking procedures under section 120.52(8)(a); (2) the proposed rule made it "impossible

Ago

Florida Attorney General Reports | Filed: Nov 10, 1998 | Docket: 3255424

Published

942 (Fla. 1st DCA 1985). 11 Section 120.52(8), Fla. Stat. 12 Section 120.52(8)(b) and (c), Fla. Stat. 13

Phillips v. Department of Business & Professional Regulation, Division of Real Estate

737 So. 2d 553, 1998 Fla. App. LEXIS 10333, 1998 WL 476174

District Court of Appeal of Florida | Filed: Aug 13, 1998 | Docket: 64789431

Published

course constituted a “license” as defined in section 120.52(9), Florida Statutes (Supp. 1996), and that

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Florida Attorney General Reports | Filed: Jul 14, 1998 | Docket: 3256417

Published

organization is not a state agency as defined in section 120.52, Florida Statutes, the Auditor General is required

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Florida Attorney General Reports | Filed: Feb 5, 1998 | Docket: 3256131

Published

District an "agency" as that term is defined in section 120.52(1), Florida Statutes? In sum: As an entity

Latin Express Service, Inc. v. State, Department of Revenue

687 So. 2d 1342, 1997 Fla. App. LEXIS 367, 1997 WL 39601

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 64771160

Published

68.” However, “agency action” is defined by section 120.52(2) as “the whole or part of a rule or order

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Florida Attorney General Reports | Filed: Sep 11, 1996 | Docket: 3258285

Published

Stat. (1996). 4 Id. 5 Section 120.52(18), Fla. Stat. (1996). 6 Section 120.52(19), Fla. Stat. (1996)

Charity v. Florida State University

680 So. 2d 463, 1996 Fla. App. LEXIS 2327, 1996 WL 106604

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64767843

Published

legislative authority as the term is defined in section 120.52(8)(a)-(e), inclusive, Florida Statutes.3 The

Bryant v. Beary

665 So. 2d 385, 1996 Fla. App. LEXIS 69, 1996 WL 2422

District Court of Appeal of Florida | Filed: Jan 5, 1996 | Docket: 64761077

Published

or special law or existing judicial decisions. § 120.52(1)(c), Fla.Stat. (1993). There is to our knowledge

Calder Race Course, Inc. v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

664 So. 2d 297, 1995 Fla. App. LEXIS 12494, 1995 WL 699901

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760620

Published

exercised its discretion to deny the request. See § 120.52(2), Fla.Stat. (1993); Friends of the Hatchineha

Department of Revenue v. Zurich Ins. Co.

667 So. 2d 365, 1995 Fla. App. LEXIS 12115, 1995 WL 680444

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 137374

Published

legislative authority, as that phrase is defined in Section 120.52(8) ..." Id. at 1274 n. 23. "Invalid exercise

Witmer v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

662 So. 2d 1299, 1995 Fla. App. LEXIS 11345, 1995 WL 621356

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 64760192

Published

in the promulgation of rule 7EER92-2(18). See § 120.52(8)(b)— (c), Fla.Stat. (1991). Finally, we also

State, Dept. of Ins. v. Great Northern Insured

667 So. 2d 796

District Court of Appeal of Florida | Filed: Aug 21, 1995 | Docket: 137476

Published

Regulation, 603 So.2d 1363 (Fla. 1st DCA 1992), and section 120.52(8) in determining whether the proposed rules

Merritt v. Department of Business & Professional Regulation, Board of Chiropractic

654 So. 2d 1051, 1995 Fla. App. LEXIS 5453, 1995 WL 307029

District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64756211

Published

(1993) asserting all the grounds listed in section 120.52(8) as the bases for his challenge. Prior to

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Florida Attorney General Reports | Filed: May 10, 1994 | Docket: 3257702

Published

evolving and therefore exempt from rulemaking, section 120.52(16), Florida Statutes, defines the term "rule"

Stuart v. State ex rel. Miller

629 So. 2d 288, 1993 Fla. App. LEXIS 12545, 1993 WL 530856

District Court of Appeal of Florida | Filed: Dec 21, 1993 | Docket: 64745021

Published

or part of a rule or order, or the equivalent.” § 120.52(2), Fla.Stat. (Supp.1992). “Order” is, in turn

Hillhaven Corp. v. Department of Health & Rehabilitative Services

625 So. 2d 1299, 1993 Fla. App. LEXIS 11185

District Court of Appeal of Florida | Filed: Nov 1, 1993 | Docket: 64743816

Published

Chiles rule inapplicable to the instant case. Section 120.52(8), Florida Statutes (1989), provides, in part:

Florida Board of Optometry v. Florida Board of Medicine

616 So. 2d 581, 1993 Fla. App. LEXIS 3674, 1993 WL 96765

District Court of Appeal of Florida | Filed: Apr 5, 1993 | Docket: 64695396

Published

exercise of legislative authority as defined in section 120.52(8), Florida Statutes, because the Board of

Manning v. State, Department of Corrections

611 So. 2d 617, 1993 Fla. App. LEXIS 160

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 64693259

Published

appeals were pending on July 1, 1992, when section 120.52(12)(d), Florida Statutes (Supp.1992), became

Department of Corrections v. Van Poyck

610 So. 2d 1333, 1992 Fla. App. LEXIS 13136, 1992 WL 383036

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64693106

Published

rejected their challenge to the rules pursuant to section 120.52(8)(d), Florida Statutes (1991). Because we

Florida Marine Fisheries Commission v. Organized Fishermen of Florida

610 So. 2d 92, 1992 Fla. App. LEXIS 12801, 1992 WL 379420

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692751

Published

capricious, and therefore invalid, are correct. See section 120.52(8); Adam Smith Enterprises, Inc. v. State Dep’t

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Florida Attorney General Reports | Filed: Oct 7, 1992 | Docket: 3257166

Published

removal under the specified conditions. (f) Section 120.52(16), F.S., defines "[r]ule" as "each agency

Roy v. Florida Department of Corrections

600 So. 2d 544, 1992 Fla. App. LEXIS 6546, 1992 WL 131895

District Court of Appeal of Florida | Filed: Jun 17, 1992 | Docket: 64668020

Published

2d 1318, 1320 (Fla. 1st DCA1986); see also, section 120.52(12), Florida Statutes (1989). Finally, the

Newton v. Department of Health & Rehabilitative Services

598 So. 2d 1078, 1992 Fla. App. LEXIS 5508, 1992 WL 104620

District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 64667454

Published

where a party resides .... (Emphasis added). Section 120.52 defines “agency” as including “[e]ach other

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Florida Attorney General Reports | Filed: Jul 12, 1991 | Docket: 3258363

Published

942 (1 D.C.A. Fla., 1985). 4 Section 120.52(8), F.S. 5 Section 120.52(8)(b) and (c), F.S. 6 566 So.2d

United States Shoe Corp. v. Department of Professional Regulation, Board of Opticianry

578 So. 2d 376, 1991 Fla. App. LEXIS 3801, 1991 WL 54138

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 64658245

Published

exercise of delegated legislative authority. Under Section 120.52(8), a proposed rule is an invalid exercise

Amalgamated Transit Union, Local 1267 v. Benevolent Ass'n of Coachmen, Inc.

576 So. 2d 379, 1991 Fla. App. LEXIS 2163, 1991 WL 32081

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 64657317

Published

County, 432 So.2d 588 (Fla. 1st DCA 1983). Section 120.52, states: (12) “Party” means: (a) Specifically

Ramadanovic v. DEPT. OF CORRECTIONS

575 So. 2d 1333, 1991 Fla. App. LEXIS 1788, 1991 WL 27181

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 1731146

Published

show the invalidity of the rule." Finally, section 120.52(8)(d) provides that "[a] proposed or existing

School Board of Collier County v. Florida Teaching Profession National Education Ass'n

559 So. 2d 1197, 1990 Fla. App. LEXIS 1230, 1990 WL 18467

District Court of Appeal of Florida | Filed: Mar 2, 1990 | Docket: 64649743

Published

delegated legislative authority as defined in section 120.52(8)(c), Florida Statutes.” While a challenge

Board of Trustees of the Internal Improvement Trust Fund v. Barnett

533 So. 2d 1202, 13 Fla. L. Weekly 2590, 1988 Fla. App. LEXIS 5131, 1988 WL 123813

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 64638646

Published

Plaintiff is an agency within the meaning of Section 120.52(1), Florida Statutes. Plaintiff has not applied

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Florida Attorney General Reports | Filed: Oct 5, 1988 | Docket: 3256244

Published

of an agency for the purposes of this act. 8 Section 120.52(16), F.S., defines "Rule" as each agency statement

Nach v. Department of Professional Regulation, Board of Medical Examiners

528 So. 2d 908, 1988 Fla. App. LEXIS 4303

District Court of Appeal of Florida | Filed: Apr 29, 1988 | Docket: 64636126

Published

show that such an order was involved here. See § 120.52(10), Fla.Stat. (1985). The doctor next contends

Alterman Transport Lines, Inc. v. Department of Transportation

519 So. 2d 1005, 12 Fla. L. Weekly 2568, 1987 Fla. App. LEXIS 10916, 1987 WL 1328

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64632610

Published

515(3)(c)2.b., is not a “license”, as defined by section 120.52(8), and that the final order was therefore

Turlington v. Jacobson

514 So. 2d 1113, 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10690

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630651

Published

question to be determined m this appeal is whether section 120.52(ll)(d), Florida Statutes, which restricts prisoner

Greene v. Carson

515 So. 2d 1007, 12 Fla. L. Weekly 2191, 1987 Fla. App. LEXIS 10235, 1987 WL 3883

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64631022

Published

term has been specifically defined in the Act. Section 120.52 provides in pertinent part as follows: (1)

DEPT. OF PROFESSIONAL REG. v. Yolman

508 So. 2d 468, 12 Fla. L. Weekly 1366

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1648965

Published

contending that the hearing officer misinterpreted section 120.52(11), Florida Statutes (1983). The issue presented

Adams v. Barton

507 So. 2d 665, 12 Fla. L. Weekly 1177, 1987 Fla. App. LEXIS 8166

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 64627324

Published

120.54(3), (4), (5), or (9) or section 120.56. § 120.52(11), Fla.Stat. (1985). Moreover, Adams filed an

Airboat Ass'n of Florida v. Florida Game & Fresh Water Fish Commission

498 So. 2d 629, 11 Fla. L. Weekly 2575, 1986 Fla. App. LEXIS 11284

District Court of Appeal of Florida | Filed: Dec 9, 1986 | Docket: 64623509

Published

includes a rule adopted by an administrative agency. § 120.52(2), Fla.Stat. (1985). An administrative “agency

Cape Cave Corp. v. State, Department of Environmental Regulation

498 So. 2d 1309, 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 64623744

Published

the definition of a ‘rule’ as contained in Section 120.52(15), Florida Statutes, and thus must be adopted

Amalgamated Transit Union, Local 1593 v. International Brotherhood of Firemen & Oilers, Local 1220

497 So. 2d 665, 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64622986

Published

named a party in the ULP proceeding. However, section 120.52(ll)(a) includes in the definition of “party

Friends of the Everglades, Inc. v. State, Department of Community Affairs

495 So. 2d 1193, 11 Fla. L. Weekly 2032, 1986 Fla. App. LEXIS 9767

District Court of Appeal of Florida | Filed: Sep 23, 1986 | Docket: 64622298

Published

Finance, 346 So.2d 569, 580 (Fla. 1st DCA 1977); § 120.52(15), Fla.Stat., while an order "is a final agency

State, Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes v. S.K. Cutlip, Inc.

484 So. 2d 1378, 11 Fla. L. Weekly 708, 1986 Fla. App. LEXIS 6979

District Court of Appeal of Florida | Filed: Mar 19, 1986 | Docket: 64618041

Published

assessments pursuant to section 718.-116(1). See § 120.52(2), (10), Fla.Stat. (1983). The Division had the

Department of Corrections v. Piccirillo

474 So. 2d 1199

District Court of Appeal of Florida | Filed: Aug 22, 1985 | Docket: 1470205

Published

unpromulgated, invalid rule within the meaning of section 120.52(15), Florida Statutes. *1201 In February 1984

Gatorland Broadcasting, Inc. v. University of Florida

468 So. 2d 242, 25 Educ. L. Rep. 717, 10 Fla. L. Weekly 237, 1985 Fla. App. LEXIS 12004

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 64611714

Published

not a “license” as that term is defined by section 120.52(8), Florida Statutes (1983).1 Therefore, the

Zatler v. State

457 So. 2d 1083, 9 Fla. L. Weekly 1935, 1984 Fla. App. LEXIS 14977

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64607513

Published

and ORFINGER, J., concur. . Appearing as section 120.52(1 l)(d), Florida Statutes (1983). . Section

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Florida Attorney General Reports | Filed: Apr 11, 1984 | Docket: 3257336

Published

armories are not used for National Guard purposes. Section 120.52(15), F.S., defines "rule" to mean "each agency

State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp.

448 So. 2d 1074, 1984 Fla. App. LEXIS 12361

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 64604295

Published

because a state attorney is “an agency” under section 120.52(l)(b); (2) GDC, a Delaware corporation, d/b/a

University Community Hospital v. Tampa Heart Institute

445 So. 2d 410, 1984 Fla. App. LEXIS 11793

District Court of Appeal of Florida | Filed: Feb 17, 1984 | Docket: 64602870

Published

and Rehabilitative Services. We agree. See section 120.52(ll)(c), Florida Statutes (1983), and Department

Board of County Commissioners v. Marks

429 So. 2d 793, 1983 Fla. App. LEXIS 19106

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 64596368

Published

judicial decision. Administrative Procedure Act, § 120.52(l)(c), Fla. Stat. (1981).

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Florida Attorney General Reports | Filed: Mar 29, 1983 | Docket: 3256627

Published

or (b) as an `instrumentality' of the state. Section 120.52(1)(b), F.S. (1982 Supp.) defines `agency' to

Manatee County v. State, Department of Environmental Regulation

429 So. 2d 360, 1983 Fla. App. LEXIS 18784

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 64596265

Published

indistinguishable from a notice of proposed agency action. § 120.-52(10)(b). However, when the document was entered

Ceslow v. Board of County Commissioners

428 So. 2d 701, 1983 Fla. App. LEXIS 19409

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595860

Published

by the Florida Administrative Procedure Act, section 120.52(l)(c), Florida Statutes (1981), is by petition

Hillsborough County Environmental Protection Commission v. Williams

426 So. 2d 1285, 1983 Fla. App. LEXIS 18653

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595178

Published

board is not an “agency” within the meaning of section 120.52(l)(c), Florida Statutes (1977). Similarly,

Cohn v. Zoning Board of Appeals

420 So. 2d 403, 1982 Fla. App. LEXIS 21741

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 64592551

Published

special law or existing judicial decisions.” Section 120.-52(l)(c), Florida Statutes (1981). We find no

Florida Institutional Legal Services, Inc. v. Parole & Probation Commission Qualifications Committee

419 So. 2d 714, 1982 Fla. App. LEXIS 21125

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64592161

Published

Committee was not an “agency” as defined by Section 120.52(1), Florida Statutes, and therefore was not

Florida Electric Power Coordinating Group, Inc. v. County of Manatee

417 So. 2d 752, 1982 Fla. App. LEXIS 20574

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 64591515

Published

also alleged that they are parties as defined by § 120.52(10), Florida Statutes. Rule 221-2.13, F.A.C.,

Roach ex rel. Estate of Roach v. State

416 So. 2d 1194, 1982 Fla. App. LEXIS 20422

District Court of Appeal of Florida | Filed: Jul 2, 1982 | Docket: 64591263

Published

on appeal in the above cases were entered, section 120.52(9), Florida Statutes (1977), read as follows:

Greene v. State Department of Natural Resources

414 So. 2d 251, 1982 Fla. App. LEXIS 20046

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64590084

Published

affect the substantial interests of a party. Section 120.52(10)(b), Florida Statutes (1979), defines a

Bizzigotti v. FLA. PAROLE & PROBATION COM'N

410 So. 2d 1360

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1518562

Published

have the right to request 120.57 hearings, see Section 120.52(10)(d), we are not similarly inhibited by the

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Florida Attorney General Reports | Filed: Jan 26, 1982 | Docket: 3255307

Published

determinations made by the commission itself. Section 120.52(1)(b), F.S., defines `agency' to mean `[e]ach

Cagan v. Board of Real Estate

409 So. 2d 48, 1981 Fla. App. LEXIS 22049

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 64587449

Published

9.110(b). . § 120.60, Fla.Stat. (1979). . § 120.52(3), Fla.Stat. (1979).

Palm Beach County Classroom Teachers Ass'n v. School Board of Palm Beach County

406 So. 2d 1208, 1 Educ. L. Rep. 1051, 1981 Fla. App. LEXIS 21734

District Court of Appeal of Florida | Filed: Nov 25, 1981 | Docket: 64586625

Published

the meaning of those terms as set forth in Section 120.52, Florida Statutes (1980). There was, therefore

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Florida Attorney General Reports | Filed: Jul 8, 1981 | Docket: 3258033

Published

Inc., 382 So.2d 1280 (1 D.C.A.Fla., 1980). Section 120.52(14)(a), F.S., provides that internal management

National Advanced Systems Corp. v. School Board of Orange County

397 So. 2d 1185, 1981 Fla. App. LEXIS 19712

District Court of Appeal of Florida | Filed: May 6, 1981 | Docket: 64582454

Published

matter of substantial interest to National. See section 120.52(2) and (10)(a), Florida Statutes (1979) and

Hunter v. Florida Department of Corrections

390 So. 2d 1227, 1980 Fla. App. LEXIS 18187

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579112

Published

party standing for a § 120.57 proceeding. See Section 120.-52(10)(d), Florida Statutes (1979). However, this

Florida Institutional Legal Services, Inc. v. Florida Parole & Probation Commission

391 So. 2d 247, 1980 Fla. App. LEXIS 18219

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579225

Published

54(5) remedies by the restrictions stated in Section 120.52(10). Comer v. Parole and Probation Comm’n,

Bowling v. Florida Department of Corrections

389 So. 2d 1031, 1980 Fla. App. LEXIS 18038

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 64578646

Published

status to a Section 120.57 proceeding. See Section 120.52(10)(d), Florida Statutes (1979). Bowling and

Imperial Industries, Inc. v. Florida Compensation Rating Bureau

387 So. 2d 1030, 1980 Fla. App. LEXIS 17573

District Court of Appeal of Florida | Filed: Sep 15, 1980 | Docket: 64578013

Published

120.54 of the Administrative Procedure Act. Section 120.52(14) defines a rule as “each agency statement

South Broward Hospital District v. Department of Health & Rehabilitative Services, Division of Administrative Hearings

385 So. 2d 1094, 1980 Fla. App. LEXIS 16430

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 64577295

Published

agency action” on the other’s application. Section 120.-52(10)(b), Florida Statutes (1978 Supp.); Bio-Medical

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Florida Attorney General Reports | Filed: Apr 3, 1980 | Docket: 3258801

Published

available for public inspection and copying. Section 120.52(1)(b), F. S., in relevant part, defines `agency'

Times Publishing Co. v. Florida Department of Corrections

375 So. 2d 307, 1979 Fla. App. LEXIS 15414, 5 Media L. Rep. (BNA) 1861

District Court of Appeal of Florida | Filed: Aug 9, 1979 | Docket: 64572031

Published

That reference to the “party” definition in Section 120.52(10) might in other circumstances make it h’ecessdry

Florida State Board of Education v. Brady

368 So. 2d 661, 1979 Fla. App. LEXIS 14388

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 64569081

Published

is a rule within the meaning of the APA, F.S. § 120.-52(14). 4. The scoring criterion by which mastery

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Florida Attorney General Reports | Filed: Mar 20, 1979 | Docket: 3256460

Published

or initiate license revocation proceedings. Section 120.52(1), F. S., provides in pertinent part that

Sun Bank of Ocala v. State, Department of Banking & Finance

366 So. 2d 184, 1979 Fla. App. LEXIS 14038

District Court of Appeal of Florida | Filed: Jan 19, 1979 | Docket: 64567972

Published

become a party as defined under Florida Statute § 120.-52(1). Accordingly, the order below is AFFIRMED.

Bank of Port St. Joe v. State, Department of Banking & Finance

362 So. 2d 96, 1978 Fla. App. LEXIS 16586

District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 64565893

Published

decision shall be final when reduced to writing.” Section 120.52(9). Agencies are, however, authorized to adopt

Shuler v. School Board of Liberty County

366 So. 2d 1184, 1978 Fla. App. LEXIS 17261

District Court of Appeal of Florida | Filed: Jun 9, 1978 | Docket: 64568321

Published

not constitute a rule within the meaning of F.S. 120.52(14) thereby requiring adherence to the procedure

Sheffield v. Department of Highway Safety & Motor Vehicles

356 So. 2d 353, 1978 Fla. App. LEXIS 15481

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563391

Published

the preceding statutes, in pari materia, with Section 120.52(3), Florida Statutes (1975): “ ‘Agency head’

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Florida Attorney General Reports | Filed: Feb 21, 1978 | Docket: 3258154

Published

agency as that term is defined in Ch. 120, F. S.: 120.52 Definitions. — As used in this act: (1) `Agency'

Florida Department of Offender Rehabilitation v. Walsh

352 So. 2d 575

District Court of Appeal of Florida | Filed: Dec 2, 1977 | Docket: 64561543

Published

Number 19 to be a rule within the purview of Section 120.52(14), Florida Statutes (1975). The provisions

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Florida Attorney General Reports | Filed: Jun 30, 1977 | Docket: 3256533

Published

proceedings of the Constitution Revision Commission. Section 120.52, F. S., defines `agency' to include: Each

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Florida Attorney General Reports | Filed: Jun 9, 1977 | Docket: 3256271

Published

al. Case No. DD. 104 (1 D.C.A., Fla., 1977). Section 120.52, F. S. (1976 Supp.), defines rule and order

Fla. Interconnect Tel. v. Fla. Public Serv.

342 So. 2d 811

Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 421357

Published

action within the contemplation of the Act. Section 120.52(9), Florida Statutes (1975), reads as follows:

Thompson v. State

342 So. 2d 52, 1976 Fla. LEXIS 4537

Supreme Court of Florida | Filed: Nov 30, 1976 | Docket: 64556982

Published

in the exercise of his constitutional duties. § 120.52(l)(a), Fla.Stat. (1975). The power to see that

Laborers International Union, Local 666 v. Public Employees Relations Commission

336 So. 2d 450, 93 L.R.R.M. (BNA) 2406, 1976 Fla. App. LEXIS 15333

District Court of Appeal of Florida | Filed: Aug 16, 1976 | Docket: 64554763

Published

relation to intervention in a proceeding before PERC, § 120.52(10), Florida Statutes, (the Administrative Procedure

Board of Regents ex rel. University of Florida, of the Department of Education, Division of Universities v. Heuer

332 So. 2d 626, 1976 Fla. App. LEXIS 14424

District Court of Appeal of Florida | Filed: Jun 3, 1976 | Docket: 64553848

Published

statutorily responsible for final agency action. Section 120.52(3), Florida Statutes. The hearing in this case

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Florida Attorney General Reports | Filed: Jun 2, 1976 | Docket: 3255660

Published

plan or procedure important to the public. Section 120.52(14)(a). It should be noted that I have previously

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Florida Attorney General Reports | Filed: Jun 1, 1976 | Docket: 3255305

Published

of the public or other interested parties. Section 120.52(14), F. S., defines the term "rule" as meaning:

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Florida Attorney General Reports | Filed: May 27, 1976 | Docket: 3255840

Published

by subsection 120.52(3)." Section121.23(2). Section 120.52(3), F. S., defines "agency head" for the purposes

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Florida Attorney General Reports | Filed: Apr 8, 1976 | Docket: 3256313

Published

made applicable, counties and municipalities. Section 120.52. Section 120.58(1), F. S., provides in part:

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Florida Attorney General Reports | Filed: Mar 1, 1976 | Docket: 3255454

Published

Administration Commission shall be the hearing officer. Section 120.52(3), F. S., defines "agency head" for the purposes

State, Department of Administration, Division of Personnel v. State, Department of Administration, Division of Administrative Hearings

326 So. 2d 187, 1976 Fla. App. LEXIS 14266

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 64552257

Published

is defined in the Administrative Procedure Act, § 120.52(8). Such a proceeding is therefore among those

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Florida Attorney General Reports | Filed: Dec 19, 1975 | Docket: 3255943

Published

an agency pursuant to s. 120.57(1) or (2). Section 120.52(2), F.S. (1974 Supp.). Section 120.57(1), F

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Florida Attorney General Reports | Filed: May 16, 1975 | Docket: 3257297

Published

special law or existing judicial decision. Section 120.52(1)(c), F.S., defines agency to include: Each

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Florida Attorney General Reports | Filed: Mar 6, 1975 | Docket: 3258997

Published

questions 2 and 3 are answered accordingly. Section 120.52(1)(b), F.S., defines agency to include "each

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Florida Attorney General Reports | Filed: Jan 23, 1975 | Docket: 3255218

Published

apparently conducted pursuant to s. 373.126, F.S. Section 120.52(1)(b), F.S., defines agency to include each