Florida Statute 120.56 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.56

120.56 Challenges to rules.—

(1) GENERAL PROCEDURES.—

(a) Any person substantially affected by a rule or a proposed rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of delegated legislative authority.

(b) The petition challenging the validity of a proposed or adopted rule under this section must state:

1. The particular provisions alleged to be invalid and a statement of the facts or grounds for the alleged invalidity.

2. Facts sufficient to show that the petitioner is substantially affected by the challenged adopted rule or would be substantially affected by the proposed rule.

(c) The petition shall be filed by electronic means with the division which shall, immediately upon filing, forward by electronic means copies to the agency whose rule is challenged, the Department of State, and the committee. Within 10 days after receiving the petition, the division director shall, if the petition complies with paragraph (b), assign an administrative law judge who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties or for good cause shown. Evidence of good cause includes, but is not limited to, written notice of an agency’s decision to modify or withdraw the proposed rule or a written notice from the chair of the committee stating that the committee will consider an objection to the rule at its next scheduled meeting. The failure of an agency to follow the applicable rulemaking procedures or requirements set forth in this chapter shall be presumed to be material; however, the agency may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.

(d) Within 30 days after the hearing, the administrative law judge shall render a decision and state the reasons for his or her decision in writing. The division shall forthwith transmit by electronic means copies of the administrative law judge’s decision to the agency, the Department of State, and the committee.

(e) Hearings held under this section shall be de novo in nature. The standard of proof shall be the preponderance of the evidence. Hearings shall be conducted in the same manner as provided by ss. 120.569 and 120.57, except that the administrative law judge’s order shall be final agency action. The petitioner and the agency whose rule is challenged shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings. Failure to proceed under this section does not constitute failure to exhaust administrative remedies.

(2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—

(a) A petition alleging the invalidity of a proposed rule shall be filed within 21 days after the date of publication of the notice required by s. 120.54(3)(a); within 10 days after the final public hearing is held on the proposed rule as provided by s. 120.54(3)(e)2.; within 20 days after the statement of estimated regulatory costs or revised statement of estimated regulatory costs, if applicable, has been prepared and made available as provided in s. 120.541(1)(d); or within 20 days after the date of publication of the notice required by s. 120.54(3)(d). The petitioner has the burden to prove by a preponderance of the evidence that the petitioner would be substantially affected by the proposed rule. The agency then has the burden to prove by a preponderance of the evidence that the proposed rule is not an invalid exercise of delegated legislative authority as to the objections raised. A person who is not substantially affected by the proposed rule as initially noticed, but who is substantially affected by the rule as a result of a change, may challenge any provision of the resulting proposed rule.

(b) The administrative law judge may declare the proposed rule wholly or partly invalid. Unless the decision of the administrative law judge is reversed on appeal, the proposed rule or provision of a proposed rule declared invalid shall not be adopted. After a petition for administrative determination has been filed, the agency may proceed with all other steps in the rulemaking process, including the holding of a factfinding hearing. In the event part of a proposed rule is declared invalid, the adopting agency may, in its sole discretion, withdraw the proposed rule in its entirety. The agency whose proposed rule has been declared invalid in whole or part shall give notice of the decision in the first available issue of the Florida Administrative Register.

(c) When any substantially affected person seeks determination of the invalidity of a proposed rule pursuant to this section, the proposed rule is not presumed to be valid or invalid.

(3) CHALLENGING RULES IN EFFECT; SPECIAL PROVISIONS.—

(a) A petition alleging the invalidity of an existing rule may be filed at any time during which the rule is in effect. The petitioner has the burden of proving by a preponderance of the evidence that the existing rule is an invalid exercise of delegated legislative authority as to the objections raised.

(b) The administrative law judge may declare all or part of a rule invalid. The rule or part thereof declared invalid shall become void when the time for filing an appeal expires. The agency whose rule has been declared invalid in whole or part shall give notice of the decision in the Florida Administrative Register in the first available issue after the rule has become void.

(4) CHALLENGING AGENCY STATEMENTS DEFINED AS UNADOPTED RULES; SPECIAL PROVISIONS.—

(a) Any person substantially affected by an agency statement that is an unadopted rule may seek an administrative determination that the statement violates s. 120.54(1)(a). The petition shall include the text of the statement or a description of the statement and shall state facts sufficient to show that the statement constitutes an unadopted rule.

(b) The administrative law judge may extend the hearing date beyond 30 days after assignment of the case for good cause. Upon notification to the administrative law judge provided before the final hearing that the agency has published a notice of rulemaking under s. 120.54(3), such notice shall automatically operate as a stay of proceedings pending adoption of the statement as a rule. The administrative law judge may vacate the stay for good cause shown. A stay of proceedings pending rulemaking shall remain in effect so long as the agency is proceeding expeditiously and in good faith to adopt the statement as a rule.

(c) If a hearing is held and the petitioner proves the allegations of the petition, the agency shall have the burden of proving that rulemaking is not feasible or not practicable under s. 120.54(1)(a).

(d) The administrative law judge may determine whether all or part of a statement violates s. 120.54(1)(a). The decision of the administrative law judge shall constitute a final order. The division shall transmit a copy of the final order to the Department of State and the committee. The Department of State shall publish notice of the final order in the first available issue of the Florida Administrative Register.

(e) If an administrative law judge enters a final order that all or part of an unadopted rule violates s. 120.54(1)(a), the agency must immediately discontinue all reliance upon the unadopted rule or any substantially similar statement as a basis for agency action.

(f) If proposed rules addressing the challenged unadopted rule are determined to be an invalid exercise of delegated legislative authority as defined in s. 120.52(8)(b)-(f), the agency must immediately discontinue reliance upon the unadopted rule and any substantially similar statement until rules addressing the subject are properly adopted, and the administrative law judge shall enter a final order to that effect.

(g) All proceedings to determine a violation of s. 120.54(1)(a) shall be brought pursuant to this subsection. A proceeding pursuant to this subsection may be consolidated with a proceeding under subsection (3) or under any other section of this chapter. This paragraph does not prevent a party whose substantial interests have been determined by an agency action from bringing a proceeding pursuant to s. 120.57(1)(e).

(5) CHALLENGING EMERGENCY RULES; SPECIAL PROVISIONS.—Challenges to the validity of an emergency rule shall be subject to the following time schedules in lieu of those established by paragraphs (1)(c) and (d). Within 7 days after receiving the petition, the division director shall, if the petition complies with paragraph (1)(b), assign an administrative law judge, who shall conduct a hearing within 14 days, unless the petition is withdrawn. The administrative law judge shall render a decision within 14 days after the hearing.

History.—s. 1, ch. 74-310; s. 5, ch. 75-191; s. 6, ch. 76-131; s. 1, ch. 77-174; s. 4, ch. 78-425; s. 759, ch. 95-147; s. 16, ch. 96-159; s. 6, ch. 97-176; s. 5, ch. 99-379; s. 3, ch. 2003-94; s. 5, ch. 2006-82; ss. 10, 11, ch. 2008-104; ss. 3, 5, ch. 2010-279; HJR 9-A, 2010 Special Session A; s. 10, ch. 2011-208; s. 3, ch. 2011-225; s. 8, ch. 2013-14; s. 3, ch. 2016-116.

F.S. 120.56 on Google Scholar

F.S. 120.56 on Casetext

Amendments to 120.56

Arrestable Offenses / Crimes under Fla. Stat. 120.56

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.56.

Annotations, Discussions, Cases:

Cases Citing Statute 120.56

Total Results: 20

Florida Gaming Control Commission v. Tampa Bay Downs

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: unpromulgated rule subject to challenge under section 120.56(4)(a), Florida Statutes. This Court reviews…statement amounts to a rule. See §§ 120.52(16), 120.56(4)(a), Fla. Stat. Section 550.0951 governs

Caranna v. Glass, in his official capacity, and Florida Department of Law Enforcement

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: file and exhaust a rule challenge under section 120.56 before filing suit. “[T]he Legislature expressly

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: under section 120.56. This reading is inconsistent with the plain language of section 120.56(1)(e), which…of section 120.56. 344 So. 2d at 592. Perhaps so, but limiting the meaning of section 120.56(1)(e) to this…above, section 120.56 imposes a different standard than section 790.33. Section 120.56 permits a person…available in a section 120.56 challenge is a determination that the rule is invalid. § 120.56(1)(a), Fla. Stat… be brought under the APA, specifically section 120.56, Florida Statutes, at the Division of Administrative

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: decision which results from a proceeding under s. 120.56, s. 120.565, s. 120.569, s. 120.57, s. 120.573,

State of Florida, Agency For Health Care Administration v. Alfred Ivan Murciano, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-20T00:00:00-07:00

Snippet: Fla. 1922). final order.” § 120.56(4)(d), Fla. Stat.; see also § 120.56(1)(e) (stating that the ALJ’s…speak to other statutory provisions, like section 120.56(4)(d), which say an ALJ’s decision can “constitute

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

Court: Fla. | Date Filed: 2023-09-28T00:00:00-07:00

Snippet: substantially affected’ requirement of section 120.56(1) that we are justified in looking to federal …regarding associational standing under section 120.56.”). Had the Legislature wanted the Commission

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

Snippet: any proceeding conducted pursuant tounder section 120.56, Florida Statutes, the record shallwill consist

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

Snippet: any proceeding conducted pursuant tounder section 120.56, Florida Statutes, the record shallwill consist

SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. FLORIDA DEPARTMENT OF HEALTH

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: challenges to existing agency rules pursuant to section 120.56(3) and (5).” § 120.595(3), Fla. Stat. In such …would make the award unjust.” Id. Section 120.56(3) and (5), in turn, provide procedures for one…determination of the invalidity of the rule.” § 120.56(1)(a), Fla. Stat. These avenues differ from the… administrative procedures codified in section 120.56, Florida Statutes. Instead, it sought direct judicial

Advisory Opinion to the Attorney General Re: Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: may be available to an aggrieved party under ss. 120.56, 120.565, 120.569, 120.57, 120.573, or 120.574,

BJ'S WHOLESALE CLUB, INC., etc. v. LAURA BUGLIARO, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: and petition to begin rule making, §§ 120.54(7), 120.56, Fla. Stat. They may seek damages that result

Patricia Phillips v. Leon County Public Works and Preferred Government Claims Solutions and Mary Elizabeth Cruickshank

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-09T00:53:00-07:00

Snippet: presumptively valid until invalidated in a section 120.56 rule challenge,” City of Palm Bay v. State,

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:53:00-07:00

Snippet: exercise of delegated legislative authority. § 120.56(3)(a), Fla. Stat. If challenging a proposed rule… exercise of delegated legislative authority. § 120.56(2)(a), Fla. Stat.; Fla. Bd. of Med. v. Fla. Acad…of the enabling statute.” §§ 120.52(8)(c), (9), 120.56(2)-(3), Fla. Stat. Existing Rule 59G-6.030 provides… are not to be presumed valid or invalid. See § 120.56(2)(c), Fla. Stat. Under the new constitutional…they are substantially affected by the rule. See § 120.56(1), Fla. Stat. 7To date, the unit cost cap

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:00:00-07:00

Citation: 270 So. 3d 488

Snippet: exercise of delegated legislative authority. § 120.56(3)(a), Fla. Stat. If challenging a proposed rule… exercise of delegated legislative authority. § 120.56(2)(a), Fla. Stat.; Fla. Bd. of Med. v. Fla. Acad…the enabling statute." §§ 120.52(8)(c), (9), 120.56(2) - (3), Fla. Stat. Existing Rule 59G-6.030 provides… are not to be presumed valid or invalid. See § 120.56(2)(c), Fla. Stat. Under the new constitutional …they are substantially affected by the rule. See § 120.56(1), Fla. Stat. To date, the unit cost cap has

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:00:00-07:00

Citation: 270 So. 3d 488

Snippet: exercise of delegated legislative authority. § 120.56(3)(a), Fla. Stat. If challenging a proposed rule… exercise of delegated legislative authority. § 120.56(2)(a), Fla. Stat.; Fla. Bd. of Med. v. Fla. Acad…the enabling statute." §§ 120.52(8)(c), (9), 120.56(2) - (3), Fla. Stat. Existing Rule 59G-6.030 provides… are not to be presumed valid or invalid. See § 120.56(2)(c), Fla. Stat. Under the new constitutional …they are substantially affected by the rule. See § 120.56(1), Fla. Stat. To date, the unit cost cap has

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-06T00:00:00-08:00

Citation: 257 So. 3d 1205

Snippet: the new tax policy as an unadopted rule. See § 120.56(4), Fla. Stat. The challenge culminated below in… agency” is considered a “rule.” §§ 120.52(16), 120.56(4)(a), Fla. Stat. Statements that are rules cannot…Invalidity of Agency Statement filed under section 120.56(4) of the Florida Statutes, and we should affirm

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1218

Snippet: proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 …from any proceeding conducted pursuant to section 120.56, Florida Statutes, the record shall consist of

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-03T00:53:00-07:00

Snippet: those rules immunity to challenges under section 120.56, Florida Statutes. Chapter 120 does not define…section 5 120.56(3), * it follows that “enforceable” rules are also…effect” does not render them immune from section 120.56 challenges; this would likely resolve this issue…any time during which the rule is in effect.” § 120.56(3)(a), Fla. Stat. (2017).

P.F-G v. Dept. of Education

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-16T00:53:00-07:00

Snippet: rehabilitation proceedings, filed pursuant to section 120.56(4), Florida Statutes (2017). Appellant raises several…appeals that decision. According to section 120.56, Florida Statutes (2017); Any person

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-30T00:53:00-07:00

Snippet: several enumerated provisions of the Act: section 120.56 (rule challenges), section 120.565 (declaratory