Florida Statutes

Fla. Stat. § 120.52 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 431 cases (16 in the last 5 years), 1975–2026 · leading case: Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002).

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Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002). · cites it 47× “§ 120.52(8), Fla. Stat. (1999). See Southwest Fla.”

State, Bd. of Trs. of Internal Improvement Trust Fund v. Day Cruise Assoc., Inc., 794 So. 2d 696 (Fla. 1st DCA 2001). · cites it 26× “(codified at § 120.52(8), Fla. Stat. (Supp.1996)). The precise effect of this then new statutory language was at least originally a matter of some debate.”

ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). · cites it 29× “The term "rule" is defined broadly in section 120.52(15) to include an "agency statement of general applicability.”

SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc., 773 So. 2d 594 (Fla. 1st DCA 2000). · cites it 12× “" This phrase is defined in section 120.52(8), Florida Statutes as an "action that goes beyond the powers, functions, and duties delegated by the Legislature.”

Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). · cites it 10× “Section 120.52(10)'s reference to "proceeding" does not limit or restrict the word to proceedings that are cognizable only under the APA.”

Dep't of High. Saf. v. Schluter, 705 So. 2d 81 (Fla. 1st DCA 1997). · cites it 18× “" The majority approves this characterization of half the challenged policies, but concludes that the other half do not only because they contain the phrase "in certain circumstances" amount to illicit rules.”

Wood v. Marston, 442 So. 2d 934 (Fla. 1983). · cites it 6× “" § 120.52(1), Fla. Stat. (1981). On the other hand "educational unit" is defined to include state universities.”

Fla. Dept. of Bus. Reg. v. Invest. Corp., 747 So. 2d 374 (Fla. 1999). · cites it 9× “Section 120.52 provides a starting point for the analysis, supplying statutory definitions of the terms of art used in chapter 120.”

Citizens of State v. Pub. Serv. COM'N, 425 So. 2d 534 (Fla. 1982). · cites it 7× “072 is inapplicable and that the effective date of the new rates is prescribed solely by section 120.52(9), Florida Statutes (1979), which defines a "final order" with reference to the time the written order is filed.”

Hill v. Div. of Ret., 687 So. 2d 1376 (Fla. 1st DCA 1997). · cites it 8× “"[T]he final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated.”

Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). · cites it 8× “52(17), Fla. Stat. (2010). “Rules” are “statement[s] of general applicability that implement! ], interpret!], or prescribe!] law or policy or describe! ] the procedure or practice requirements of an agency.”

Agrico Chem. Co. v. Dep't, Etc., 406 So. 2d 478 (Fla. 2d DCA 1981). · cites it 5× “57 hearing in a chapter 403 permitting procedure, the LRACT Rule makes competitive economic injury a matter of agency concern and confers standing on Freeport and Sulphur Terminals pursuant to section 120.52(10)(b), Florida Statutes. DER claims the right to grant standing to…”

Show all 431 citing cases →

— 120.52(1) — 29 cases

Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013).

Dept. of Ins. v. Ass'n of Ins. Agents, 813 So. 2d 981 (Fla. 1st DCA 2002).

Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981).

Wood v. Marston, 442 So. 2d 934 (Fla. 1983). “" § 120.52(1), Fla. Stat. (1981). On the other hand "educational unit" is defined to include state universities.”

Jan M. Tuveson v. Florida Governor's Council on Indian Affairs, Inc., a Florida Corp. & an Agency of the State of Florida, 734 F.2d 730 (11th Cir. 1984).

— 120.52(1)(C) — 1 case

Metro. Dade Cnty. v. Bannister, 683 So. 2d 130 (Fla. 3d DCA 1996).

— 120.52(1)(a) — 8 cases

In Re Advisory Opinion of the Governor, 334 So. 2d 561 (Fla. 1976).

Rubinstein v. Sarasota Cty. Pub. Hosp., 498 So. 2d 1012 (Fla. 2d DCA 1986).

State Ex Rel. Bettendorf v. Env't Control Hear. Bd., 564 So. 2d 1227 (Fla. 4th DCA 1990).

Eckert v. Bd of Com'rs, N. Broward Hosp., 720 So. 2d 1151 (Fla. 4th DCA 1998).

First Quality Home Care, Inc. v. All. for Aging, Inc., 14 So. 3d 1149 (Fla. 3d DCA 2009).

— 120.52(1)(b) — 22 cases

Florida Dept., of Offender Rehab. v. Jerry, 353 So. 2d 1230 (Fla. 1st DCA 1978).

Prime Orlando Prop. v. Dept. of Bus. Reg., 502 So. 2d 456 (Fla. 1st DCA 1986).

Orlando-orange Cty. Exp. v. Hubbard Const. Co., 682 So. 2d 566 (Fla. 5th DCA 1996).

Thompson v. Plan. Com'n, 464 So. 2d 1231 (Fla. 1st DCA 1985).

Mae Volen Senior Ctr., Inc. v. AAA, 978 So. 2d 191 (Fla. 4th DCA 2008).

— 120.52(1)(b)(3) — 1 case

First Quality Home Care, Inc. v. All. for Aging, Inc., 14 So. 3d 1149 (Fla. 3d DCA 2009).

— 120.52(1)(c) — 18 cases

Martin Cnty. v. Yusem, 690 So. 2d 1288 (Fla. 1997).

Witgenstein v. Sch. Bd. of Leon Cty., 347 So. 2d 1069 (Fla. 1st DCA 1977).

Cherokee Crushed Stone, Inc. v. City of Miramar, 421 So. 2d 684 (Fla. 4th DCA 1982).

Siddeeq v. Tallahassee Mem'l Hosp., 364 So. 2d 99 (Fla. 1st DCA 1978).

Young v. Dep't of Cmty. Affairs, 625 So. 2d 831 (Fla. 1993).

— 120.52(1)(d) — 1 case

Dep't of Corr. v. Sumner, 447 So. 2d 1388 (Fla. 1st DCA 1984).

— 120.52(10) — 34 cases

Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). “Section 120.52(10)'s reference to "proceeding" does not limit or restrict the word to proceedings that are cognizable only under the APA.”

Roberson v. Fla. Parole & Prob. Com'n, 444 So. 2d 917 (Fla. 1983).

Env't Confed. of Sw. Fl., Inc. v. Imc Phosphates, Inc., 857 So. 2d 207 (Fla. 1st DCA 2003).

Rothermel v. Fla. Parole & Prob. Com'n, 441 So. 2d 663 (Fla. 1st DCA 1983).

City of Plant City v. Mayo, 337 So. 2d 966 (Fla. 1976).

— 120.52(10)(a) — 1 case

— 120.52(10)(b) — 14 cases

Agrico Chem. Co. v. Dep't, Etc., 406 So. 2d 478 (Fla. 2d DCA 1981). “57 hearing in a chapter 403 permitting procedure, the LRACT Rule makes competitive economic injury a matter of agency concern and confers standing on Freeport and Sulphur Terminals pursuant to section 120.52(10)(b), Florida Statutes. DER claims the right to grant standing to…”

Gadsden State Bank v. Lewis, 348 So. 2d 343 (Fla. 1st DCA 1977).

Collier Med. Ctr. v. STATE, DEPT. OF H. & RS, 462 So. 2d 83 (Fla. 1st DCA 1985).

Bio-Med. Apps. of Ocala, Inc. v. Off. of Comm. Med. Facilities, 374 So. 2d 88 (Fla. 1st DCA 1979).

Maverick Media Grp. v. Dept. of Transp., 791 So. 2d 491 (Fla. 1st DCA 2001).

— 120.52(10)(c) — 2 cases

Postal Colony Co., Inc. v. Askew, 348 So. 2d 338 (Fla. 1st DCA 1977).

— 120.52(10)(d) — 11 cases

Griffith v. Florida Parole & Prob. Com'n, 485 So. 2d 818 (Fla. 1986).

Roberson v. Fla. Parole & Prob. Com'n, 444 So. 2d 917 (Fla. 1983).

Johnson v. Florida Parole & Prob. Com'n, 543 So. 2d 875 (Fla. 4th DCA 1989).

Lowe v. Fla. Parole & Prob. Comm., 416 So. 2d 470 (Fla. 2d DCA 1982).

— 120.52(11) — 15 cases

LEAF v. Clark, 668 So. 2d 982 (Fla. 1996).

Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991).

Dept. of Prof'l Reg. v. Yolman, 508 So. 2d 468 (Fla. 1st DCA 1987).

City of Plant City v. Mayo, 337 So. 2d 966 (Fla. 1976).

Rowell v. State, Dept. of Law Enforce., 700 So. 2d 1242 (Fla. 2d DCA 1997).

— 120.52(11)(a) — 1 case

Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991).

— 120.52(11)(b) — 3 cases

St. Francis Parkside Lodge v. Dept. of Health, 486 So. 2d 32 (Fla. 1st DCA 1986).

Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991).

Boca Raton Mausoleum, Inc. v. State, Dept. of Banking & Fin., 511 So. 2d 1060 (Fla. 1st DCA 1987).

— 120.52(11)(d) — 1 case

Diaz v. Florida Dept. of Corr., 511 So. 2d 669 (Fla. 1st DCA 1987).

— 120.52(12) — 11 cases

Putnam Cty. Environ. Council, Inc. v. Bd. of Cty. Com'rs of Putnam Cty., 757 So. 2d 590 (Fla. 5th DCA 2000).

Ybor III, Ltd. v. Fla. Hous. Fin. Corp., 843 So. 2d 344 (Fla. 1st DCA 2003).

Gregory v. Indian River Cnty., 610 So. 2d 547 (Fla. 1st DCA 1992).

Maverick Media Grp. v. Dept. of Transp., 791 So. 2d 491 (Fla. 1st DCA 2001).

Quigley v. Florida Dept. of Corr., 745 So. 2d 1029 (Fla. 1st DCA 1999).

— 120.52(12)(a) — 3 cases

Maverick Media Grp. v. Dept. of Transp., 791 So. 2d 491 (Fla. 1st DCA 2001).

Toth v. South Florida Water Mgmt. Dist., 895 So. 2d 482 (Fla. 4th DCA 2005).

P.J.S. v. Sch. Bd. of Citrus Cnty., 951 So. 2d 53 (Fla. 5th DCA 2007).

— 120.52(12)(b) — 8 cases

Maverick Media Grp. v. Dept. of Transp., 791 So. 2d 491 (Fla. 1st DCA 2001).

Rosenzweig v. Dep't of Transp., 979 So. 2d 1050 (Fla. 1st DCA 2008).

Peace River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co., 18 So. 3d 1079 (Fla. 2d DCA 2009).

Dillard & Assoc. v. Florida Dep., 893 So. 2d 702 (Fla. 1st DCA 2005).

Fla. Optometric Ass'n v. Dept. of Pro. Reg., Bd. of Opticianry, 567 So. 2d 928 (Fla. 1st DCA 1990).

— 120.52(12)(c) — 3 cases

LEAF v. Clark, 668 So. 2d 982 (Fla. 1996).

NAACP, INC. v. Florida Bd. of Regents, 822 So. 2d 1 (Fla. 1st DCA 2002).

Coalition of Mental Hlt. Prof. v. Dpr, 546 So. 2d 27 (Fla. 1st DCA 1989).

— 120.52(12)(d) — 5 cases

Sheley v. Florida Parole Com'n, 703 So. 2d 1202 (Fla. 1st DCA 1997).

Endress v. Fla. Dept. of Corr., 612 So. 2d 645 (Fla. 1st DCA 1993).

Jones v. Florida Dept. of Corr., 615 So. 2d 798 (Fla. 1st DCA 1993).

Ramadanovic v. Dept. of Corr., 575 So. 2d 1333 (Fla. 1st DCA 1991).

Manning v. State, Dep't of Corr., 611 So. 2d 617 (Fla. 1st DCA 1993).

— 120.52(13) — 9 cases

Kimball v. Hawkins, 364 So. 2d 463 (Fla. 1978).

Shands Jacksonville Med. Ctr., Inc. v. State, Dep't of Health, 123 So. 3d 86 (Fla. 1st DCA 2013).

Michael Weisser v. Florida Dep't of Health, Off. of Med. Marijuana Use, McCrory's Sunny Hill Nursery, LLC (Fla. 1st DCA 2024).

Adrelynn Shattell Thomas v. Dep't of Revenue & Douglas Bernard Wyche (Fla. 6th DCA 2026).

AmeriLoss Pub. Adjusting Corp. v. Lightbourn, 46 So. 3d 107 (Fla. 3d DCA 2010).

— 120.52(13)(a) — 6 cases

Delgado v. Agency for Health Care Admin., 237 So. 3d 432 (Fla. 1st DCA 2018).

Ft. Myers Real Est. Holdings, LLC v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering, 53 So. 3d 1158 (Fla. 1st DCA 2011).

Frs-Fast Reliable Seaway v. Bd. of Pilot Commissioners (Fla. 3d DCA 2018).

FRS-Fast Reliable Seaway, LLC. v. Bd. of Pilot Comm'rs of Fla., 261 So. 3d 744 (Fla. 3d DCA 2018).

— 120.52(13)(b) — 8 cases

Palm Beach Cnty. Env't Coalition v. Florida Dep't of Env't Prot., 14 So. 3d 1076 (Fla. 4th DCA 2009).

SCF, Inc. v. Florida Thoroughbred Breeders' Ass'n, Inc. etc., 227 So. 3d 770 (Fla. 1st DCA 2017).

St. Johns Riverkeeper, Inc. v. St. Johns River Water Mgmt., 54 So. 3d 1051 (Fla. 5th DCA 2011).

Madison Highlands, LLC v. Florida Hous. Fin. Corp., 220 So. 3d 467 (Fla. 5th DCA 2017).

Putnam Cmty. Med. Ctr. v. Florida Birth-Related NeuroLogical Injury Comp. Ass'n, 204 So. 3d 598 (Fla. 2d DCA 2016).

— 120.52(13)(c) — 1 case

Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025).

— 120.52(14) — 35 cases

State, Dept. of Adminstration v. Stevens, 344 So. 2d 290 (Fla. 1st DCA 1977).

McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977).

State, Dept. of Admin., Etc., Person. v. Harvey, 356 So. 2d 323 (Fla. 1st DCA 1977).

Florida Cities Water v. FLORIDA Pub. SERV., 384 So. 2d 1280 (Fla. 1980).

State, Dept. of Com., Etc. v. Matthews Corp., 358 So. 2d 256 (Fla. 1st DCA 1978).

— 120.52(14)(a) — 4 cases

Amos v. Dept. of Health & Rehab. Servs., 444 So. 2d 43 (Fla. 1st DCA 1983).

Webster v. S. Fla. Water Mgmt. Dist., 367 So. 2d 734 (Fla. 4th DCA 1979).

Florida State Univ. v. Dann, 400 So. 2d 1304 (Fla. 1st DCA 1981).

Dept. of High. Saf. & Motor Vehs. v. FLA. POLICE BENEV., 400 So. 2d 1302 (Fla. 1st DCA 1981).

— 120.52(14)(b) — 1 case

Grand River Dam Auth. v. State, 645 P.2d 1011 (Okla. 1982).

— 120.52(14)(c)(4) — 1 case

Wood v. Marston, 442 So. 2d 934 (Fla. 1983). “" § 120.52(1), Fla. Stat. (1981). On the other hand "educational unit" is defined to include state universities.”

— 120.52(15) — 39 cases

Dep't of High. Saf. v. Schluter, 705 So. 2d 81 (Fla. 1st DCA 1997). “" The majority approves this characterization of half the challenged policies, but concludes that the other half do not only because they contain the phrase "in certain circumstances" amount to illicit rules.”

Lennar Homes, Inc. v. Depart. of Busin. & Prof., 888 So. 2d 50 (Fla. 1st DCA 2004).

Fla. Dept. of Bus. Reg. v. Invest. Corp., 747 So. 2d 374 (Fla. 1999). “Section 120.52 provides a starting point for the analysis, supplying statutory definitions of the terms of art used in chapter 120.”

Dep't of Bus. & Prof'l Reg. v. Harden, 10 So. 3d 647 (Fla. 1st DCA 2009).

Florida Dep't of Fin. Servs. v. Capital Collateral Reg'l Couns.-Middle Region, 969 So. 2d 527 (Fla. 1st DCA 2007).

— 120.52(15)(a) — 5 cases

South Fla. Water Mgmt. Dist. v. Caluwe, 459 So. 2d 390 (Fla. 4th DCA 1984).

Dep't of Bus. & Prof'l Reg. v. Harden, 10 So. 3d 647 (Fla. 1st DCA 2009).

Dep't of Revenue v. Novoa, 745 So. 2d 378 (Fla. 1st DCA 1999).

Upjohn Healthcare Servs., Inc. v. Dep't of Health & Rehabilitative Servs., 9 Fla. Supp. 2d 196 (Fla. Div. Admin. Hr'g 1984).

— 120.52(15)(b) — 1 case

Upjohn Healthcare Servs., Inc. v. Dep't of Health & Rehabilitative Servs., 9 Fla. Supp. 2d 196 (Fla. Div. Admin. Hr'g 1984).

— 120.52(16) — 36 cases

Fla. League of Cities, Inc. v. Admin. Com'n, 586 So. 2d 397 (Fla. 1st DCA 1991).

Dep't of Revenue v. Vanjaria Enter., 675 So. 2d 252 (Fla. 5th DCA 1996).

GRABBA-LEAF, LLC v. Dep't of Bus. & Prof'l etc., 257 So. 3d 1205 (Fla. 5th DCA 2018).

State, Bd. of Optometry v. FLA. SOC. OF OPHTH., 538 So. 2d 878 (Fla. 1st DCA 1989).

Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). “52(17), Fla. Stat. (2010). “Rules” are “statement[s] of general applicability that implement! ], interpret!], or prescribe!] law or policy or describe! ] the procedure or practice requirements of an agency.”

— 120.52(16)(a) — 3 cases

State, Bd. of Trs. v. Lost Tree Vill., 600 So. 2d 1240 (Fla. 1st DCA 1992).

Dept. of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Martin Cty. Liquors, Inc., 574 So. 2d 170 (Fla. 1st DCA 1991).

Reiff v. Ne. Florida State Hosp., 710 So. 2d 1030 (Fla. 1st DCA 1998).

— 120.52(16)(c) — 1 case

Charity v. Florida State Univ., 680 So. 2d 463 (Fla. 1st DCA 1996).

— 120.52(17) — 5 cases

Florida Elections Comm'n v. Blair, 52 So. 3d 9 (Fla. 1st DCA 2010).

United Fac. of Florida v. Florida State Bd. of Educ., 157 So. 3d 514 (Fla. 1st DCA 2015).

State, Dep't of Fin. Servs. v. Peter R. Brown Constr., Inc., 108 So. 3d 723 (Fla. 1st DCA 2013).

Publix Super Markets, Inc., Normandy Ins. Co. v. Dep't of Fin. Servs., Div. of Workers Comp. (Fla. 1st DCA 2026).

— 120.52(18) — 1 case

Prescription Partners, LLC v. State, Dep't of Fin. Servs., 109 So. 3d 1218 (Fla. 1st DCA 2013).

— 120.52(2) — 35 cases

Rice v. Dept. of Health & Rehabilitative, 386 So. 2d 844 (Fla. 1st DCA 1980).

LEAF v. Clark, 668 So. 2d 982 (Fla. 1996).

Adam Smith Enter., Inc. v. STATE, DEPT. OF ENV. REG., 553 So. 2d 1260 (Fla. 1st DCA 1989).

Friends of Hatchineha, Inc. v. State, Der, 580 So. 2d 267 (Fla. 1st DCA 1991).

Communities Fin. Corp. v. FLORIDA, ETC., 416 So. 2d 813 (Fla. 1st DCA 1982).

— 120.52(20) — 7 cases

GRABBA-LEAF, LLC v. Dep't of Bus. & Prof'l etc., 257 So. 3d 1205 (Fla. 5th DCA 2018).

Amerisure Mut. Ins. Co. v. Florida Dep't of Fin. Servs., Div. of Workers' Comp., 156 So. 3d 520 (Fla. 1st DCA 2015).

Florida Quarter Horse Track Ass'n v. State, Dep't of Bus. & Prof'l Reg., Div. of Parimutuel Wagering, 133 So. 3d 1118 (Fla. 1st DCA 2014).

Episcopal Child.'s Servs., Inc. v. Dep't of Child. & Families (Fla. 5th DCA 2025).

Florida Gaming Control Comm'n v. Tampa Bay Downs (Fla. 1st DCA 2024).

— 120.52(3) — 9 cases

Krause v. Reno, 366 So. 2d 1244 (Fla. 3d DCA 1979).

Miami Dade Coll. v. Del Pino Allen, 271 So. 3d 1194 (Fla. 3d DCA 2019).

Harris v. Florida Real Est. Com'n, 358 So. 2d 1123 (Fla. 1st DCA 1978).

Sheffield v. Dep't of High. Saf. & Motor Vehs., 356 So. 2d 353 (Fla. 1st DCA 1978).

Collier Cnty. Bd. of Cnty. Com'rs v. Fwcc, 993 So. 2d 69 (Fla. 2d DCA 2008).

— 120.52(5) — 1 case

Kimball v. Hawkins, 364 So. 2d 463 (Fla. 1978).

— 120.52(6) — 3 cases

Wood v. Marston, 442 So. 2d 934 (Fla. 1983). “" § 120.52(1), Fla. Stat. (1981). On the other hand "educational unit" is defined to include state universities.”

Dykes v. Quincy Tel. Co., 539 So. 2d 503 (Fla. 1st DCA 1989).

Couchman v. Univ. of Cent. Florida, 84 So. 3d 445 (Fla. 5th DCA 2012).

— 120.52(7) — 16 cases

Hill v. Div. of Ret., 687 So. 2d 1376 (Fla. 1st DCA 1997). “"[T]he final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated.”

United Water v. Florida Pub. Serv., 728 So. 2d 1250 (Fla. 1st DCA 1999).

Sowell v. State, 136 So. 3d 1285 (Fla. 1st DCA 2014).

Students for Online Voting v. Machen, 24 So. 3d 1273 (Fla. 1st DCA 2009).

Collier Cnty. Bd. of Cnty. Com'rs v. Fwcc, 993 So. 2d 69 (Fla. 2d DCA 2008).

— 120.52(8) — 65 cases

State, Bd. of Trs. of Internal Improvement Trust Fund v. Day Cruise Assoc., Inc., 794 So. 2d 696 (Fla. 1st DCA 2001). “(codified at § 120.52(8), Fla. Stat. (Supp.1996)). The precise effect of this then new statutory language was at least originally a matter of some debate.”

SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc., 773 So. 2d 594 (Fla. 1st DCA 2000). “" This phrase is defined in section 120.52(8), Florida Statutes as an "action that goes beyond the powers, functions, and duties delegated by the Legislature.”

ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). “The term "rule" is defined broadly in section 120.52(15) to include an "agency statement of general applicability.”

Smith v. Florida Dept. of Corr., 920 So. 2d 638 (Fla. 1st DCA 2005).

— 120.52(8)(a) — 17 cases

Dept. of Nat. Resources v. Wingfield Dev. Co., 581 So. 2d 193 (Fla. 1st DCA 1991).

Osterback v. Agwunobi, 873 So. 2d 437 (Fla. 1st DCA 2004).

Matthews v. Weinberg, 645 So. 2d 487 (Fla. 2d DCA 1994).

Dept. of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Martin Cty. Liquors, Inc., 574 So. 2d 170 (Fla. 1st DCA 1991).

ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). “The term "rule" is defined broadly in section 120.52(15) to include an "agency statement of general applicability.”

— 120.52(8)(b) — 20 cases