Florida Statutes
Fla. Stat. § 120.53 (2025)
Maintenance of agency final orders.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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120.53 Maintenance of agency final orders.—
(1) In addition to maintaining records contained in s. 119.021(3), each agency shall also electronically transmit a certified text-searchable copy of each agency final order listed in subsection (2) rendered on or after July 1, 2015, to a centralized electronic database of agency final orders maintained by the division. The database must allow users to research and retrieve the full texts of agency final orders by:
(a) The name of the agency that issued the final order.
(b) The date the final order was issued.
(c) The type of final order.
(d) The subject of the final order.
(e) Terms contained in the text of the final order.
(2) The agency final orders that must be electronically transmitted to the centralized electronic database include:
(b) Each final order rendered pursuant to s. 120.57(4) which contains a statement of agency policy that may be the basis of future agency decisions or that may otherwise contain a statement of precedential value.
(c) Each declaratory statement issued by an agency.
(3) Each agency shall maintain a list of all final orders rendered pursuant to s. 120.57(4) that are not required to be electronically transmitted to the centralized electronic database because they do not contain statements of agency policy or statements of precedential value. The list must include the name of the parties to the proceeding and the number assigned to the final order.
(4) Each final order, whether rendered by the agency or the division, that must be electronically transmitted to the centralized electronic database or maintained on a list pursuant to subsection (3) must be electronically transmitted to the database or added to the list within 90 days after the final order is rendered. Each final order that must be electronically transmitted to the database or added to the list must have attached a copy of the complete text of any materials incorporated by reference; however, if the quantity of the materials incorporated makes attachment of the complete text of the materials impractical, the final order may contain a statement of the location of such materials and the manner in which the public may inspect or obtain copies of the materials incorporated by reference.
(5) Nothing in this section relieves an agency from its responsibility for maintaining a subject matter index of final orders rendered before July 1, 2015, and identifying the location of the subject matter index on the agency’s website. In addition, an agency may electronically transmit to the centralized electronic database certified copies of all of the final orders that were rendered before July 1, 2015, which were required to be in the subject matter index. The centralized electronic database constitutes the official compilation of administrative final orders rendered on or after July 1, 2015, for each agency.
History.—s. 1, ch. 74-310; s. 2, ch. 75-191; s. 2, ch. 76-131; s. 2, ch. 79-299; s. 1, ch. 81-296; s. 2, ch. 81-309; s. 8, ch. 83-92; s. 34, ch. 83-217; s. 3, ch. 83-273; s. 1, ch. 84-203; s. 77, ch. 85-180; s. 2, ch. 87-100; s. 2, ch. 88-384; s. 44, ch. 90-136; s. 35, ch. 90-302; s. 2, ch. 91-30; s. 79, ch. 91-45; s. 1, ch. 91-191; s. 1, ch. 92-166; s. 143, ch. 92-279; s. 55, ch. 92-326; s. 757, ch. 95-147; s. 5, ch. 96-159; s. 2, ch. 96-423; s. 2, ch. 97-176; s. 3, ch. 2008-104; s. 2, ch. 2015-155.
Notes of Decisions
Cited in 100
cases, 1976–2011 · leading case: McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977).
McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977). “As required by the APA's Section 120.53(1), the Department has adopted rules of procedure describing its organization, the general course and method of its operations, the nature and requirements of its formal and informal procedures on applications for banking authority, and…”
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985). “This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests. If that were the case, the agency could simply avoid a bid or contract protest by setting an arbitrary date on which all bids not awarded would be deemed…”
State Ex Rel. Boyles v. PAROLE & PROB. COM'N, 436 So. 2d 207 (Fla. 1st DCA 1983). “The Commission is required to provide the minimum public information required by section 120.53. Florida Institutional Legal Services, Inc.”
Witgenstein v. Sch. Bd. of Leon Cty., 347 So. 2d 1069 (Fla. 1st DCA 1977). “Failure of any agency to comply with Section 120.53 shall be presumed to be a material error in procedure.”
Amend. to Fla. Rules of Appellate Proc., 685 So. 2d 773 (Fla. 1996). “§ 120.53, Fla.Stat. (Supp.1974). (g) Florida Statutes Annotated.”
Capeletti Bros., Inc. v. DOT, 499 So. 2d 855 (Fla. 1st DCA 1986). “Section 120.53(5), Florida Statutes (1985), and rule 14-25, Florida Administrative Code, establish specific procedures to protest a bid solicitation requirement.”
Caber Sys., Inc. v. Dep't of Gen. Servs., 530 So. 2d 325 (Fla. 1st DCA 1988). “*336 We find no merit in Caber’s first point, that DGS exceeded its authority under section 120.53 by rejecting all bids after Caber had filed its protests.”
Citizens of Florida v. Mayo, 357 So. 2d 731 (Fla. 1978). “Petitioner does not challenge the order as constituting a refusal by the Commission to exercise its discretion to adopt rules of practice or procedure as required in Section 120.53, Florida Statutes (1975). Petitioner says that Section 350.”
Amend. to Fla. Rules of Appellate Proc., 696 So. 2d 1103 (Fla. 1996). “§ 120.53, Fla. Stat. (Supp. 1974). (g) Florida Statutes Annotated.”
Fairbanks, Inc. v. State, Dept. of Transp., 635 So. 2d 58 (Fla. 1st DCA 1994). “In the first place, the issue raised in Fort Howard was whether a non-bidder had standing to file a bid protest pursuant to section 120.53(5), Florida Statutes (1991).”
Silver Express Co. v. Dist. Bd. of Lower Tribunal Trs. of Miami-Dade Cmty. Coll., 691 So. 2d 1099 (Fla. 3d DCA 1997). “On January 8, 1996, MDCC moved in limine to exclude the claim of a Sunshine Law violation, citing to section 120.53(5)(b) Florida Statutes(1995) and arguing: “The hearing officer should not allow Silver Express to offer evidence on issues other than the ones framed in its…”
Graham Contracting, Inc. v. Dept. of Gen. Servs., 363 So. 2d 810 (Fla. 1st DCA 1978). “Lamentably, four years after the adoption of Chapter 120 and three years after it became effective, the Department remains in violation of Section 120.53(1)(a), (b), and (c). Its counsel also advises, upon our inquiry at oral argument, that the Department maintains no…”
— 120.53(1) — 3 cases
McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977). “As required by the APA's Section 120.53(1), the Department has adopted rules of procedure describing its organization, the general course and method of its operations, the nature and requirements of its formal and informal procedures on applications for banking authority, and…”
Fairfield Com. v. Land & Water Adj. Com'n, 522 So. 2d 1012 (Fla. 1st DCA 1988).
State Comm'n on Ethics v. Sullivan, 500 So. 2d 553 (Fla. 1st DCA 1986).
— 120.53(1)(a) — 5 cases
Rice v. Dept. of Health & Rehabilitative, 386 So. 2d 844 (Fla. 1st DCA 1980).
Graham Contracting, Inc. v. Dept. of Gen. Servs., 363 So. 2d 810 (Fla. 1st DCA 1978). “Lamentably, four years after the adoption of Chapter 120 and three years after it became effective, the Department remains in violation of Section 120.53(1)(a), (b), and (c). Its counsel also advises, upon our inquiry at oral argument, that the Department maintains no…”
COUCH CONST. CO., INC. v. Dep't of Transp., 361 So. 2d 172 (Fla. 1st DCA 1978).
Scherer v. Davis, 543 F. Supp. 4 (N.D. Fla. 1982).
Gessler v. Dept. of Bus. & Pro. Reg., 627 So. 2d 501 (Fla. 4th DCA 1993).
— 120.53(1)(b) — 3 cases
McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977). “As required by the APA's Section 120.53(1), the Department has adopted rules of procedure describing its organization, the general course and method of its operations, the nature and requirements of its formal and informal procedures on applications for banking authority, and…”
Witgenstein v. Sch. Bd. of Leon Cty., 347 So. 2d 1069 (Fla. 1st DCA 1977). “Failure of any agency to comply with Section 120.53 shall be presumed to be a material error in procedure.”
State Dept. of Env. Reg. v. Manasota-88, Inc., 584 So. 2d 133 (Fla. 1st DCA 1991).
— 120.53(1)(c) — 4 cases
McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977). “As required by the APA's Section 120.53(1), the Department has adopted rules of procedure describing its organization, the general course and method of its operations, the nature and requirements of its formal and informal procedures on applications for banking authority, and…”
Fairfield Com. v. Land & Water Adj. Com'n, 522 So. 2d 1012 (Fla. 1st DCA 1988).
Gulf Coast Home Health Serv. v. State, Dhr, 513 So. 2d 704 (Fla. 1st DCA 1987).
Gordon v. Savage, 383 So. 2d 646 (Fla. 5th DCA 1980).
— 120.53(1)(d) — 6 cases
State Ex Rel. Boyles v. PAROLE & PROB. COM'N, 436 So. 2d 207 (Fla. 1st DCA 1983). “The Commission is required to provide the minimum public information required by section 120.53. Florida Institutional Legal Services, Inc.”
Cortese v. Sch. Bd. of Palm Beach Cty., 425 So. 2d 554 (Fla. 4th DCA 1982).
Witgenstein v. Sch. Bd. of Leon Cty., 347 So. 2d 1069 (Fla. 1st DCA 1977). “Failure of any agency to comply with Section 120.53 shall be presumed to be a material error in procedure.”
Adam Smith Enter., Inc. v. STATE, DEPT. OF ENV. REG., 553 So. 2d 1260 (Fla. 1st DCA 1989).
Agency for Health Care v. Fl. Coalition, 718 So. 2d 869 (Fla. 1st DCA 1998).
— 120.53(2) — 7 cases
McDonald v. Dept. of Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977). “As required by the APA's Section 120.53(1), the Department has adopted rules of procedure describing its organization, the general course and method of its operations, the nature and requirements of its formal and informal procedures on applications for banking authority, and…”
Anheuser-Busch, Inc. v. Dept. of Bus., 393 So. 2d 1177 (Fla. 1st DCA 1981).
Gen. Dev. Corp. v. Div. of State Plan., Dept. of Adminis., 353 So. 2d 1199 (Fla. 1st DCA 1977).
Graham Contracting, Inc. v. Dept. of Gen. Servs., 363 So. 2d 810 (Fla. 1st DCA 1978). “Lamentably, four years after the adoption of Chapter 120 and three years after it became effective, the Department remains in violation of Section 120.53(1)(a), (b), and (c). Its counsel also advises, upon our inquiry at oral argument, that the Department maintains no…”
Gessler v. Dept. of Bus. & Pro. Reg., 627 So. 2d 501 (Fla. 4th DCA 1993).
— 120.53(2)(a) — 4 cases
In re Amendments to the Florida Rules of Appellate Procedure, 84 So. 3d 192 (Fla. 2011).
Florida State Univ. v. Hatton, 672 So. 2d 576 (Fla. 1st DCA 1996).
In re Amendments to the Florida Rules of Appellate Procedure, 75 So. 3d 239 (Fla. 2011).
Caserta v. Dep't of Bus. & Prof'l Reg., 686 So. 2d 651 (Fla. 5th DCA 1996).
— 120.53(2)(b) — 3 cases
Dykes v. Quincy Tel. Co., 539 So. 2d 503 (Fla. 1st DCA 1989).
Peterson v. State Dep't of Env't Reg., 350 So. 2d 544 (Fla. 1st DCA 1977).
Peterson v. St., Dept. of Envtl. Reg., 350 So. 2d 544 (Fla. 1st DCA 1977).
— 120.53(4) — 2 cases
Gessler v. Dept. of Bus. & Pro. Reg., 627 So. 2d 501 (Fla. 4th DCA 1993).
Gessler v. Dep't of Bus. & Prof'l Reg., 627 So. 2d 501 (Fla. 4th DCA 1993).
— 120.53(5) — 26 cases
Capeletti Bros., Inc. v. DOT, 499 So. 2d 855 (Fla. 1st DCA 1986). “Section 120.53(5), Florida Statutes (1985), and rule 14-25, Florida Administrative Code, establish specific procedures to protest a bid solicitation requirement.”
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985). “This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests. If that were the case, the agency could simply avoid a bid or contract protest by setting an arbitrary date on which all bids not awarded would be deemed…”
Fairbanks, Inc. v. State, Dept. of Transp., 635 So. 2d 58 (Fla. 1st DCA 1994). “In the first place, the issue raised in Fort Howard was whether a non-bidder had standing to file a bid protest pursuant to section 120.53(5), Florida Statutes (1991).”
Groves-Watkins Const. v. State, Dept. of Transp., 511 So. 2d 323 (Fla. 1st DCA 1987).
Capeletti Bros., Inc. v. State, Dept. of Gen. Servs., 432 So. 2d 1359 (Fla. 1st DCA 1983).
— 120.53(5)(a) — 3 cases
Sws P'ship v. Dept. of Corr., 567 So. 2d 1048 (Fla. 5th DCA 1990).
Capital Copy, Inc. v. Univ. of Fla., 526 So. 2d 988 (Fla. 1st DCA 1988).
Bell Atl. Bus. Sys. Servs., Inc. v. Florida Dep't of Labor & Emp. Sec., 677 So. 2d 989 (Fla. 1st DCA 1996).
— 120.53(5)(b) — 18 cases
Silver Express Co. v. Dist. Bd. of Lower Tribunal Trs. of Miami-Dade Cmty. Coll., 691 So. 2d 1099 (Fla. 3d DCA 1997). “On January 8, 1996, MDCC moved in limine to exclude the claim of a Sunshine Law violation, citing to section 120.53(5)(b) Florida Statutes(1995) and arguing: “The hearing officer should not allow Silver Express to offer evidence on issues other than the ones framed in its…”
State v. Gtech Corp., 816 So. 2d 648 (Fla. 1st DCA 2001).
STATE, DHRS v. EDS Fed. Corp., 631 So. 2d 353 (Fla. 1st DCA 1994).
Dep't of Bus. Reg., Etc. v. Hyman, 417 So. 2d 671 (Fla. 1982).
Xerox Corp. v. Florida Dep't of Prof'l Reg., 489 So. 2d 1230 (Fla. 1st DCA 1986).
— 120.53(5)(c) — 6 cases
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985). “This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests. If that were the case, the agency could simply avoid a bid or contract protest by setting an arbitrary date on which all bids not awarded would be deemed…”
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 206 (Fla. 1st DCA 1985).
Caber Sys., Inc. v. Dep't of Gen. Servs., 530 So. 2d 325 (Fla. 1st DCA 1988). “*336 We find no merit in Caber’s first point, that DGS exceeded its authority under section 120.53 by rejecting all bids after Caber had filed its protests.”
Global Water Conditioning v. DEPT. OF AGR., 521 So. 2d 126 (Fla. 1st DCA 1988).
Gulf Real Props., Inc. v. Dep't of Health & Rehabilitative Servs., 687 So. 2d 1336 (Fla. 1st DCA 1997).
— 120.53(5)(d) — 4 cases
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985). “This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests. If that were the case, the agency could simply avoid a bid or contract protest by setting an arbitrary date on which all bids not awarded would be deemed…”
Procacci Com. Realty v. DHRS, 690 So. 2d 603 (Fla. 1st DCA 1997).
Dab Constructors v. Dept. of Transp., 656 So. 2d 940 (Fla. 1st DCA 1995).
Caber Sys., Inc. v. Dep't of Gen. Servs., 530 So. 2d 325 (Fla. 1st DCA 1988). “*336 We find no merit in Caber’s first point, that DGS exceeded its authority under section 120.53 by rejecting all bids after Caber had filed its protests.”
— 120.53(5)(d)(1) — 1 case
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985). “This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests. If that were the case, the agency could simply avoid a bid or contract protest by setting an arbitrary date on which all bids not awarded would be deemed…”
— 120.53(5)(d)(2) — 1 case
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985). “This "escape clause" may not be utilized to circumvent the procedures set forth in Section 120.53, governing bid protests. If that were the case, the agency could simply avoid a bid or contract protest by setting an arbitrary date on which all bids not awarded would be deemed…”
— 120.53(5)(e) — 3 cases
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 206 (Fla. 1st DCA 1985).
Caber Sys., Inc. v. Dep't of Gen. Servs., 530 So. 2d 325 (Fla. 1st DCA 1988). “*336 We find no merit in Caber’s first point, that DGS exceeded its authority under section 120.53 by rejecting all bids after Caber had filed its protests.”
NEC Bus. Commc'n Sys. (East), Inc. v. Seminole Cnty. Sch. Bd., 668 So. 2d 338 (Fla. 5th DCA 1996).
— 120.53(b) — 1 case
Witgenstein v. Sch. Bd. of Leon Cty., 347 So. 2d 1069 (Fla. 1st DCA 1977). “Failure of any agency to comply with Section 120.53 shall be presumed to be a material error in procedure.”
— 120.53(l)(a) — 2 cases
Villa Capri Assocs., Ltd. v. Florida Hous. Fin. Corp., 23 So. 3d 795 (Fla. 1st DCA 2009).
Gessler v. Dep't of Bus. & Prof'l Reg., 627 So. 2d 501 (Fla. 4th DCA 1993).
— 120.53(l)(b) — 2 cases
Villa Capri Assocs., Ltd. v. Florida Hous. Fin. Corp., 23 So. 3d 795 (Fla. 1st DCA 2009).
Bank of Port St. Joe v. State, Dep't of Banking & Fin., 362 So. 2d 96 (Fla. 1st DCA 1978).
— 120.53(l)(c) — 2 cases
Fairfield Communities, Inc. v. Florida Land & Water Adjudicatory Comm'n, 25 Fla. Supp. 2d 192 (Fla. Div. Admin. Hr'g 1987).
Fairfield Communities, Inc. v. Florida Land & Water Adjudicatory Comm'n, 29 Fla. Supp. 2d 156 (Fla. Div. Admin. Hr'g 1987).
— 120.53(l)(d) — 1 case
Florida Institutional Legal Servs., Inc. v. Florida Parole & Prob. Comm'n, 391 So. 2d 247 (Fla. 1st DCA 1980).
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