The 2023 Florida Statutes (including Special Session C)
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. . . Stat. (2014). (2) § 120.53 120.54, Fla. Stat. (Supp. 1974 1998 ). (g) Florida Statutes Annotated. . . .
. . . Section 120.53(2)(a), Florida Statutes, was revised in 2008 to allow agencies to electronically transmit . . .
. . . Section 120.53(2)(a), Florida Statutes, was revised in 2008 to allow agencies to electronically transmit . . .
. . . Section 120.53(l)(a), Florida Statutes (2008), provides that each agency shall maintain all final orders . . . agency may provide these orders by a subject-matter index or by a searchable electronic database. § 120.53 . . . Final orders must be indexed or listed within 120 days after the order is rendered. § 120.53(l)(b), Fla . . .
. . . Of eighty-seven transaction-specific margins, the highest was calculated at 120.53%, and thirteen others . . . Of the eighty-seven transaction-specific margins, only one was calculated at 120.53%, the closest percentage . . .
. . . . § 120.53, Fla. Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .
. . . of the statutes identified as the specific authority for and law implemented by the rules — Section 120.53 . . . See Chapter 96-159, Laws of Florida, at section 5 (deleting those provisions in Section 120.53 which . . .
. . . . § 120.53, Fla. Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .
. . . .” § 120.53(5)(b), Fla. Stat. (1995). . . .
. . . . § 120.53, Fla. Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .
. . . invalidation, the ALJ concluded that the Board failed to follow rulemaking procedures required by section 120.53 . . .
. . . hearing’s proceedings to the issues specifically stated in Optiplan’s formal protest, pursuant to section 120.53 . . . Section 120.53(5)(b) requires an unsuccessful bidder challenging the award of a contract to file a written . . . See § 120.53(5)(b). . . .
. . . January 8, 1996, MDCC moved in limine to exclude the claim of a Sunshine Law violation, citing to section 120.53 . . . argued that this was a ground not stated with particularity within the time limits prescribed in section 120.53 . . .
. . . have made claims against the School Board on the premise that the School Board violated subsection 120.53 . . . Appellants point out that subsection 120.53(5), Florida Statutes, is applicable for purchasing which . . . This in turn means that the School Board is not covered by subsection 120.53(5), Florida Statutes, and . . .
. . . Like section 120.57(3), Florida Statutes (Supp.1996), which has now replaced it, section 120.53(5)(c) . . . delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. § 120.53 . . .
. . . .” § 120.53(5)(d)2., Fla.Stat. (1995). . . .
. . . The dispositive issue in this appeal is whether the legislative changes to section 120.53, Florida Statutes . . . because the Department erred in failing to pend final agency action until it complied with section 120.53 . . . Section 120.53, Florida Statutes (1993), which took effect March 1, 1992 and applies to the present case . . . Each final order resulting from a proceeding under s. 120.535, s. 120.54(4), or s. 120.56. § 120.53(2 . . . To support its assertion, the Department notes that the 1992 amendments to section 120.53 deleted the . . .
. . . . § 120.53, Fla.Stat. (Supp.1974). (g) Florida Statutes Annotated. . . .
. . . . § 120.53, Fla. Stat. (Supp. 1974). (g) Florida Statutes Annotated. . . .
. . . The bid tabulation included the statement required by section 120.53(5)(a)3., Florida Statutes (1993) . . . : “Failure to file a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute . . . Section 120.53 provides that “[a]ny person who is affected adversely by the agency decision or intended . . . Section 120.53(5)(b), Florida Statutes (1993)(emphasis supplied). . . . Section 120.53(5)(a)3, Florida Statutes (1993): ... notice of a decision or intended decision shall be . . .
. . . Respondent argues that the confidentiality provisions of section 228.093(3)(d) are defeated by section 120.53 . . .
. . . board’s rules concerning the resolution of bid and contract disputes is virtually identical to section 120.53 . . .
. . . officer that the 14-day notice requirement does not apply to the expedited hearing provided by section 120.53 . . .
. . . BARBARA 2,687.96 BELL, DONELLA 4,442.26 BELL, LORRAINE 2,793.61 BELL, SANDRA 88.64 BENSON, SHIRLEY 120.53 . . .
. . . 766.212. (10) Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.53 . . .
. . . 1994, D.A.B. filed a bid protest pursuant to section 337.11, Florida Statutes (Supp.1994), and section 120.53 . . . lowest responsible bidder for the project, that a settlement conference be held pursuant to section 120.53 . . . based on a lack of standing because there was no assurance that any relief, consistent with section 120.53 . . . An administrative hearing triggered by a bid protest under sections 337.11 and 120.53(5) is not the proper . . . the rules promulgated thereunder, rather than in a bid protest proceeding under sections 337.11 and 120.53 . . .
. . . See § 120.53(5)(b), Fla.Stat. (1992 Supp.) . . . intended decision pertaining to contracts administered by the division or a state agency pursuant to s. 120.53 . . .
. . . . § 120.53(5)(b), Fla.Stat. (Supp.1988); Fla.Admin.Code R. 10-13.007. . . .
. . . raised in Fort Howard was whether a non-bidder had standing to file a bid protest pursuant to section 120.53 . . . We affirmed the agency’s holding that standing did not exist pursuant to section 120.53(5) because the . . . In contrast, this case does not involve a bid protest pursuant to section 120.53(5). . . .
. . . .-68(8), 120.53, Fla.Stat. (1991). . . .
. . . But the governing statute, section 120.53(5)(b), Florida Statutes (Supp.1992), authorizes this distinction . . . It was thus properly filed within the time allowed under section 120.53(5)(b), upon the appellant’s receipt . . .
. . . FAILURE TO COMPLY WITH SECTION 120.53. . . . Section 120.53(4) provides: An agency may comply with paragraphs (2)(b) and (c) by designating by rule . . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . . Sections 120.53(2), 120.68(12)(b). (footnote omitted). . . . If that is true, the Department also violates Section 120.53(2) and deprives itself, its contractors, . . .
. . . contends that as a non-bidder, Fort Howard does not have standing to file a bid protest under section 120.53 . . . time of an administrative hearing when there is no assurance that any relief, consistent with section 120.53 . . .
. . . Marrero asserts that the Board’s failure to maintain a subject-matter index, as required by sections 120.53 . . .
. . . . § 120.53, Fla. Stat. (Supp. 1974). (g) Florida Statutes Annotated;. . . .
. . . Rule 17-103.170 lists sections 119.07, 120.53 and 253.76 as the statutes it is intended to implement. . . . Neither can the rule be construed to implement section 120.53. . . . Although section 120.53(l)(b) requires agencies to adopt procedural rules, no mention is made of allocating . . .
. . . This rule references as specific authority sections 14.202 and 120.53. . . .
. . . 766.212. (10) Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.53 . . .
. . . . §§ 120.53(5), 337.11(3)(b); Fla.Admin.Code Ann. ch. 14-25. . . . delay, (1) an immediate and serious danger to public health, safety, or welfare will exist, Fla.Stat. § 120.53 . . .
. . . Section 120.53(5)(b), Florida Statutes (1989), contains the following provision concerning bid protest . . . Section 120.53(5)(a)3, Florida Statutes (1989) provides: ... notice of a decision or intended decision . . . shall contain the following statement: "Failure to file a protest within the time prescribed in s. 120.53 . . . Section 120.53(5)(b), Florida Statutes (1989), does not expressly require this notification, and the . . .
. . . . § 120.53(5), Fla.Stat. (1987); See Capeletti Bros., Inc. v. . . .
. . . agency head or committee appear to be "workshops” or "meetings" subject to the requirements of Section 120.53 . . .
. . . was made beyond the formal protest time limit established in Rule 13A-1.006(3), F.A.C., and section 120.53 . . . Section 120.53(5), Florida Statutes, describes procedures for the resolution of protests under the contract . . .
. . . .-03(1), and the cited statutes being implemented are sections 517.12 and 120.53, Florida Statutes. . . .
. . . each agency shall make available for public inspection and copying all of its agency orders, Section 120.53 . . .
. . . Pursuant to section 120.53(5), Florida Statutes (1985), OSC filed a formal protest and Harris/3M was . . .
. . . See, e.g., §§ 120.53(5), 120.54(4)(a), 120.56(1), 120.565, 120.57(1), Fla.Stat. (1987). . . . .
. . . G-W filed a formal complaint and the matter was referred to a hearing officer pursuant to sections 120.53 . . . Section 120.53(5) establishes the procedure for resolving protests arising from the contract bidding . . .
. . . that the DOC failed to provide notice of its bid decision in accordance with the requirements of § 120.53 . . . Section 120.53(5), Fla.Stat. provides that an agency which engages in a contract bidding process shall . . . Section 120.53(5) further directs that the required notice shall contain the statement: “Failure to file . . . a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute a waiver of . . . Since the DOC failed to provide notice of its decision as required by § 120.53(5), Northrop’s delay in . . .
. . . The plain language of Section 120.53 is that the filing of a bid protest stops the solicitation and award . . . Without the restraints of Section 120.53, the power to reject all bids is limited only by the requirement . . . Department is subject to sharp criticism for failing to follow the time limits prescribed in section 120.53 . . . Section 120.53(5), Florida Statutes (1985), prescribing procedures for bidding, provides in pertinent . . . The delay in referring the first protest technically violated the procedures set out in Section 120.53 . . . In Cianbro Corp., supra, the Jacksonville Transportation Authority sought to avoid the section 120.53 . . . The Department clearly violated section 120.53(5). . . .
. . . Section 120.53(5)(a), Florida Statutes (1987), provides that the notice of decision to accept or reject . . . bid shall contain the following statement: Failure to file a protest within the time prescribed in s. 120.53 . . . remanded, and the University is directed to allow appellant to pursue its bid protest pursuant to section 120.53 . . .
. . . .” § 120.53(l)(c), Fla.Stat. (1985). . . . The specific authority for Rule 27G-1.06 is section 120.53(1) and the laws implemented are section 380.07 . . .
. . . Satellite filed a formal protest, pursuant to section 120.53(5), Florida Statutes. . . .
. . . In respect to competitive bidding, section 120.53(5)(c) provides: Upon receipt of a notice of protest . . . morning, and the protest was not filed until Tuesday afternoon, more than the 72 hours allowed by section 120.53 . . .
. . . Section 120.54 deals with rule making, not administrative hearings, but section 120.53 requires notice . . .
. . . Section 120.53(l)(c), Florida Statutes (1985), requires, independently of Section 120.54 rulemaking provisions . . .
. . . parties that the Petitioner timely filed a notice of protest and formal written protest (if section 120.53 . . . Petitioner timely filed a notice of protest and formal written protest, the applicability of section 120.53 . . .
. . . PERC’s deferral policy was unauthorized unless promulgated by formal rule making pursuant to section 120.53 . . .
. . . Those persons have certain clearly defined, FDOT-sanctioned, APA remedies: Subsection 120.53(5), F.S. . . .
. . . The majority’s reference to Section 120.53(5), Florida Statutes (1981), ante at 329, does not compel . . . Section 120.53(5) is a statute prescribing the procedure for adoption of rules for the purpose of resolving . . . Moreover, Liberty County dealt with a dispute arising prior to adoption of section 120.53(5), Florida . . .
. . . Section 120.53(l)(c), Florida Statutes (1985). . . .
. . . Section 120.53(l)(c), Florida Statutes (1985). . . .
. . . Section 120.53(5), Florida Statutes (1985), and rule 14-25, Florida Administrative Code, establish specific . . . Section 120.53(5), Florida Statutes (1985). See also Cianbro v. . . .
. . . Hendry timely filed notice of protest and formal written protest pursuant to Section 120.53, Florida . . . DOT, acting in accordance with the provisions of Section 120.53(5), referred Hendry’s protest to the . . .
. . . rulemaking authority other than the authority to adopt rules of practice and procedure pursuant to Section 120.53 . . . However, Rules 34-5.10, 34-5.14, and 34-5.22 were found to be allowable procedural rules under Section 120.53 . . .
. . . did not constitute the promulgation of a rule, subjecting PERC to rulemaking procedures of section 120.53 . . .
. . . Chapter 28-3, Florida Administrative Code and Section 120.53, Florida Statutes (1983), give agencies . . .
. . . below or on appeal, we make no ruling on whether this was a timely filed protest pursuant to Section 120.53 . . . We interpret the rule as consistent with Section 120.53(5)(b) and the case law interpreting it. . . .
. . . Section 120.53(5), Florida Statutes, addresses agency procedures for the resolution of protests arising . . . Section 120.53(5)(b) provides that: Any person who is affected adversely by the agency decision or intended . . . Section 120.53(5)(b) requires that a formal written protest then be submitted within ten days; appellant . . . did not comply with this requirement, and section 120.53(5)(b) clearly provides that such failure constitutes . . .
. . . Company (Jackson), the second low bidder, and Barco timely filed a notice of protest pursuant to section 120.53 . . .
. . . See §§ 120.53(5)(b), 120.54(ll)(b), 120.545(6) and (7), 120.58(3), 120.60(2), (3), and (4). . . .
. . . only to determine whether the “Notice Regarding Contract Award Process” entered pursuant to Section 120.53 . . . Section 120.53(5), Florida Statutes, governs the procedure for the bidding and awarding of contracts . . . Section 120.53(5)(b) provides that any person adversely affected by the agency’s decision or intended . . . Section 120.53(5)(d) provides for an informal conference at the request of a protestor or on the agency . . . Section 120.53(5)(c) requires that the agency state those “particular facts and circumstances” which . . .
. . . Appellees argue that that rule is a valid exercise of power authorized by construing together sections 120.53 . . .
. . . See § 120.53(5)(c), F.S. (1983). . . . procedurally deficient because not promulgated by the “agency head” within the meaning of Sections 120.53 . . . and circumstances stated in the notice are insufficient to overcome the stay provisions of Section 120.53 . . . for expedited proceedings pursuant to Section 120.57(1) and other proceedings consistent with Section 120.53 . . . The revised notice provides: NOTICE REGARDING CONTRACT AWARD PROCESS Pursuant to Section 120.53(5), the . . .
. . . . §§ 120.53, 947.071, 947.13, Florida Statutes (1981). . . .
. . . Chapter 28-3, Florida Administrative Code and Section 120.53, Florida Statutes (1983), give agencies . . .
. . . is an administrative agency that is required to adopt rules and regulations as mandated by section 120.53 . . .
. . . The contract awarded pursuant to the emergency procedure set forth in Section 120.53(5)(c) was awarded . . . subject to the continuation of the protest instituted by appellant under Section 120.53(5)(b). . . .
. . . An agenda of the March 2, 1983, meeting had been prepared as required by section 120.53(l)(d), Florida . . . Section 120.53(l)(d), Florida Statutes (1981) requires that agencies adopt rules for the scheduling of . . . The Commission is required to provide the minimum public information required by section 120.53. . . .
. . . Capeletti filed a notice of protest within 72 hours pursuant to Section 120.53(5), Florida Statutes, . . .
. . . this proceeding to the Department for further agency action on the proposed rule, pursuant to sections 120.53 . . .
. . . Contrary to established district practice and the requirements of § 120.53, § 120.54, § 230.17, Florida . . .
. . . agency to adopt, amend, or repeal a rule or to provide the minimum public information required by s. 120.53 . . .
. . . the failure of the board to notice its workshop meeting of January 18, 1982, as required by section 120.53 . . . The effect of failure to comply with section 120.53 is recited in section 120.68(8), which provides: . . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . . Section 120.53(l)(d) provides that agencies “shall give notice of meetings, hearings, and workshops in . . . which provides for notice of regular and special meetings must be read in pari materia with section 120.53 . . .
. . . Probation Commission Qualifications Committee to provide minimum public information pursuant to Sections 120.53 . . . defined by this section and is therefore not subject to the minimum information requirements of Section 120.53 . . .
. . . See §§ 120.53(5)(b), 120.54(ll)(b), 120.-545(6) and (7), 120.58(3), 120.60(2), (3), and (4). . . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . .
. . . agency’s proposed decision and request APA processes at the time and in the manner required by section 120.53 . . . Therefore section 120.53(5) foreclosed section 120.57 proceedings on Ajax’s grievance and let stand the . . . Because section 120.53(5) designates the giving of this notice of intended decision as beginning the . . . Section 120.53(5)(b). . . . That is not a correct reading of section 120.53(5). . . . That letter also stated “failure to file a protest within the time prescribed by Section 120.53(5), Florida . . . The Department came to the conclusion that the time limit set forth by Section 120.53(5) governed the . . .
. . . Commission must provide public information, including notice of scheduled meetings, as required by Section 120.53 . . .
. . . This order was promulgated pursuant to section 120.53(1)(a) of the Florida Statutes, see Chapter 15B- . . .
. . . Failure of any agency to comply with s. 120.53 shall be presumed to be a material error in procedure. . . .
. . . Taxable year Deficiency See. 6653(b) Sec. 6651(a)(1) Sec. 6653(a) Sec. 665) 1969 $2,410.61 0 $602.65 $120.53 . . .
. . . order to rely on or refer to emerging policy not recorded in rules or discoverable precedents, Section 120.53 . . .
. . . agency rule-making on various subjects and “to provide the minimum public information required by s. 120.53 . . . remedies; if so, (2) whether the Commission was bound to grant the petition for compliance with Section 120.53 . . . .2d 1181 (Fla.1980), the Commission is bound to adopt the practice and procedure rules which Section 120.53 . . . Commission must, in the words of Section 120.54(5), “provide the minimum public information required by s. 120.53 . . . obliged to adopt rules for the preparation of an agenda meeting the specificity standards of Section 120.53 . . .
. . . Section 120.52(14), Florida Statutes, which have not been duly promulgated as rules pursuant to Section 120.53 . . .
. . . Department’s organizational rules, in “stating the general course and method of its operations,” Section 120.53 . . .
. . . new coordinators on a geographical basis, c) said action was taken without compliance with Sections 120.53 . . . appellant’s position that he was entitled to notice and an opportunity to be heard, pursuant to Sections 120.53 . . .
. . . The Florida Administrative Procedure Act, section 120.53(1)(c), Florida Statutes (1977) provides that . . .
. . . Sections 947.071, 120.53, Florida Statutes (1977); Fla.Admin.Code Chapter 23-15 (Practices and Procedures . . .
. . . and the Commission acted fairly and in accordance with its rules, adopted in compliance with Section 120.53 . . .
. . . a court may very well view the failure to adopt necessary rules as a failure to comply with Section 120.53 . . .