The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 120.569(1), 120.57(2), Fla. Stat. (2016). . . .
. . . Appellant petitioned for a formal administrative hearing pursuant to §§ 120.569 and 120.57(1), Florida . . .
. . . Section 120.569, Florida Statutes, provides the procedure to be followed when the substantial interests . . . section, "[a]ll parties shall be afforded an opportunity for a hearing after reasonable notice ...." § 120.569 . . .
. . . before an administrative law judge assigned by the Division of Administrative Hearings pursuant to ss. 120.569 . . .
. . . In an appeal from any proceeding conducted pursuant to section 120.56 (rule challenges) or sections 120.569 . . . In an appeal from any proceeding pursuant to sections 120.569 (decisions which affect substantial interests . . . In an appeal from an immediate final order entered pursuant to section 120.569(2)(n), Florida Statutes . . .
. . . restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 . . .
. . . Appellant argues that DOAH erred by dismissing her amended petition with prejudice because section 120.569 . . . Appellant was afforded one opportunity to amend her petition pursuant to section 120.569(2)(c), but she . . . See § 120.569(2)(c), Fla. . . .
. . . permit AHCA to suspend Medicaid participation upon information of patient abuse or neglect, and section 120.569 . . . mmediate suspension" from the Medicaid program, provided that it "issue an immediate final order under s. 120.569 . . . Section 120.569(2)(n) states that "[i]f an agency head finds that an immediate danger to the public health . . . such finding in the final order, which shall be appealable or enjoinable from the date rendered." § 120.569 . . .
. . . notion that the Commission must address each individual issue in the underlying rate case: Section 120.569 . . . address each issue of disputed fact in its final order, and the final order otherwise satisfies section 120.569 . . . See Citizens I , 146 So.3d at 1153 ; see also §§ 120.569(2)(l)-(m), 120.68(7)(d)-(e), Fla. . . . Section 120.569(2)(l) mandates that the 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. § 120.569 . . .
. . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .
. . . The EPC convened a teacher hearing panel for an informal hearing, pursuant to sections 120.569 and 120.57 . . .
. . . of law that DOAH had "jurisdiction over the subject matter and the parties ... pursuant to sections 120.569 . . . the word 'standing,' " but [u]nder the statutory language, a hearing is provided pursuant to section 120.569 . . . (quoting § 120.569(1), Fla. Stat.). The definition of "party" in chapter 120 is a broad one. . . .
. . . the “disciplinary reassignment” and requested a hearing, which was held pursuant to the APA, sections 120.569 . . . exempted from the provisions of chapter 120,” but that “[e]xpulsion hearings shall be governed by ss. 120.569 . . . determine whether an action affects the substantial interests of the plaintiff pursuant to section 120.569 . . .
. . . Redding filed a formal written protest pursuant to sections 120.569 arid 1|0.57(1) and (3), Florida Statutes . . .
. . . ineligibility, and advises the Applicant of the opportunity to request a proceeding pursuant to Sections 120.569 . . . ineligibility, and advises the Applicant of the opportunity to request a proceeding pursuant to Sections 120.569 . . .
. . . trained, and work 80 hours each month, is a matter affecting her “substantial interests,” under section 120.569 . . . . § 120.569(1), Fla. . . .
. . . that the respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 . . .
. . . See §§ 120.569, .57(1), Fla. . . .
. . . its first and second amended petitions for a formal administrative proceeding pursuant to sections 120.569 . . . Section 120.569(2)(c), Florida Statutes (2016), requires agencies to dismiss untimely petitions, but . . .
. . . See §§ 120.51, 120.569(1), Fla. Stat. (2015). . . . own guidance regarding the admissibility of evidence—including testimony — which is found in section 120.569 . . . be received in written form, and all testimony of parties and witnesses shall be made under oath. § 120.569 . . . CONCLUSION Based on sections 90,103(1) and 120.569(2)(g), Florida Statutes, we find that the Florida . . .
. . . could not prevail under section 120.595(1), and claimed entitlement under a different theory, section 120.569 . . .
. . . will suffer injury-in-fact which is of sufficient immediacy to entitle it to a hearing under Sections 120.569 . . . defect of lack of standing cannot be cured, and the Petition must be dismissed as required by Section 120.569 . . . The Act commands in section 120.569(d) that, “[t]he agency may refer a petition to the division for the . . . if it is not in substantial compliance with these requirements or it has been untimely filed.... § 120.569 . . .
. . . hearing under the exemption statutes, Drew is entitled to an administrative hearing pursuant to section 120.569 . . . Administrative Procedure Act, which the Department did not mention in its determination letters. § 120.569 . . . not clear); instead, the affected party’s resort is directly to an administrative hearing via section 120.569 . . . , Florida Statutes, Because administrative review via sections 120.569(1) and 120.57, Florida Statutes . . .
. . . After a hearing officer conducted an informal administrative hearing pursuant to sections 120.569, 120.57 . . .
. . . Murciano requested a formal administrative hearing pursuant to section 120.569, Florida Statutes (2013 . . .
. . . Appellants filed a Petition for Formal Administrative Proceedings with the Board, pursuant to sections 120.569 . . . that the Petitioners as third parties can challenge a purely proprietary Board action under sections 120.569 . . . Petitioners as third parties can challenge this minor and purely proprietary Board action under sections 120.569 . . .
. . . requirements iri the Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569 . . .
. . . Johnson sought an award of attorney’s "fees under sections 120.595 and 120.569, Florida'Statutes. . . .
. . . Section 120.569(2)(a), Florida Statutes, states in pertinent part, “The referring agency shall take no . . .
. . . In administrative proceedings such as the one conducted by the Board, section 120.569(2)(g) provides: . . .
. . . action in a court of competent jurisdiction or (2) request an administrative hearing under sections 120.569 . . .
. . . the agency transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 . . .
. . . that it is after the Agenda Conference and issuance of the PAA action that the provisions of Section 120.569 . . .
. . . Appellant sought an evi-dentiary administrative hearing pursuant to sections 120.569 and 120.57(1), Florida . . .
. . . See §§ 120.569(2)(g), 120.57(l)(c), Fla. Stat. (2013). . . . The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. . . .
. . . The provisions of section 120.569, Florida Statutes (2012), which provide the procedure to be followed . . . Pursuant to section 120.569(1), the provisions of section 120.569 “apply in all proceedings in which . . . section 120.57, after reasonable notice is given not less than fourteen days before the hearing. § 120.569 . . . Further, section 120.569(1) provides that additional procedural requirements listed in section 120.57 . . . 26, 2012, the Commission provided notice of a hearing on August 20 that fully complied with section 120.569 . . .
. . . , Florida Statutes, and the process due in these administrative proceedings is codified in sections 120.569 . . . order did not exceed its statutory authority or deny All Saints the process it was due under sections 120.569 . . .
. . . wildlife resources, and protection of air and water quality, may initiate a hearing pursuant to s. 120.569 . . .
. . . on appeal is hereby vacated, and this case is remanded for further proceedings pursuant to sections 120.569 . . .
. . . Administration (AHCA) dismissing Appellant’s request for a formal administrative hearing pursuant to sections 120.569 . . . portion of a county’s BERR, it provides the county with a notice of administrative rights under sections 120.569 . . . determination; however, Appellant filed a request for a formal administrative hearing pursuant to sections 120.569 . . .
. . . complaint and petitioned for a formal hearing before an administrative law judge pursuant to sections 120.569 . . . restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 . . . involving a disputed issue of material fact, unless all parties waive application of section 120.57(1). § 120.569 . . . a request for hearing, it must grant or deny the request within 15 days of receiving the request. § 120.569 . . . Failer is clearly entitled to a section 120.569 or 120.57 hearing on the Department’s suspension of his . . . against a license, as the Department did here, “a suspension or revocation proceeding pursuant to ss. 120.569 . . . on such a request is decidedly not prompt, especially in view of the 15-day requirement in section 120.569 . . .
. . . That subparagraph expressly provides, in part, that due process hearings “are exempt from ss. 120.569 . . . exemption from sections 120.659, 120.57 and 286.011, when it provides: “Such hearings are exempt from ss. 120.569 . . .
. . . Hearings held under this subsection shall be conducted in the same manner as provided in ss. 120.569 . . .
. . . See § 120.569(2)(c).” 53 So.3d at 1154. . . . Section 120.569(2)(c), Florida Statutes (2012), unequivocally mandates that the “[d]ismissal of a petition . . .
. . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .
. . . See generally §§ 120.569, 120.57(1), Fla. Stat. . . .
. . . standards for voluntary binding arbitration of medical negligence claims shall be as provided in ss. 120.569 . . .
. . . to an administrative hearing concerning this proposed agency action by the department under sections 120.569 . . . prejudice on the grounds that (1) the petitions lacked the required pleading elements found in section 120.569 . . .
. . . See §§ 120.569; 120.57(1), Fla. Stat. (2008). . . .
. . . See § 120.569(2)(a), Fla. Stat. (2011); Fla. Admin. Code R. 28-106.201. . . . Following a hearing before the Department of Administrative Hearings, see § 120.569(2)(a), the Administrative . . .
. . . assignment of an administrative law judge (“ALJ”) to conduct a formal hearing pursuant to sections 120.569 . . .
. . . regional water supply plan which affects the substantial interests of a party shall be subject to s. 120.569 . . . substantially affected third party can challenge the intended grant of a permit pursuant to sections 120.569 . . . regional water supply plan which affects the substantial interests of a party shall be subject to s. 120.569 . . . Section 120.569 applies “in all proceedings in which the substantial interests of a party are determined . . . A party asserting entitlement to an administrative hearing pursuant to section 120.569 must demonstrate . . .
. . . to run according to a schedule DEP established pursuant to its discretionary authority under section 120.569 . . .
. . . Section 120.569(2)(l), Florida Statutes, provides that “the final order in a proceeding which affects . . . See § 120.569(2)(l), Fla. Stat.; Hill v. . . .
. . . See §§ 120.569-.57. Fla. Stat. (2009). . . .
. . . See § 120.569, Fla. Stat. (2009). . . . Although Reily addressed standing in the administrative proceeding under section 120.569(1), Florida . . .
. . . Procedure Act, chapter 120, Florida Statutes, including immediate final orders entered pursuant to section 120.569 . . . (A)-(E) [No change] (F) In an appeal from an immediate final order entered pursuant to section 120.569 . . . license under section 120.60(6), Florida Statutes, or issued an immediate final order under section 120.569 . . .
. . . Procedure Act, chapter 120, Florida Statutes, including immediate final orders entered pursuant to section 120.569 . . . (A)-(E) [No change] (F) In an appeal from an immediate final order entered pursuant to section 120.569 . . . license under section 120.60(6), Florida Statutes, or issued an immediate final order under section 120.569 . . .
. . . See also § 120.569(2)(b) (providing that on decisions that affect substantial interests, “[a]ll parties . . .
. . . Section 120.569(2)(c) confirms and informs our holding that the doctrine of equitable tolling should . . . The Department’s argument rests on the assumption that section 120.569 does not apply to bid protest . . . This assumption, however, is not supported by the text of either section 120.569 or section 120.57(3) . . . To the contrary, section 120.569 states that it applies to “all proceedings in which the substantial . . . Thus, section 120.57(3) does not replace section 120.569, but rather supplements it. . . .
. . . . § 120.569(2)(c), Fla. Stat. (2010). . . .
. . . Administration (AHCA), dismissing Glenwood’s request for an administrative hearing pursuant to sections 120.569 . . . See § 120.569(1), (2)(a), Fla. Stat. (2010); W. Frank Wells Nursing Home v. . . . grant or deny a request for hearing within fifteen days of the filing of such request, see section 120.569 . . . an administrative hearing before a state agency to file the request with the state agency itself. § 120.569 . . .
. . . the matter was then submitted to an administrative law judge (“ALJ”) for proceedings under sections 120.569 . . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .
. . . appeal that the Governing Board incorrectly determined that it did not have standing under sections 120.569 . . . Section 120.569(1), Florida Statutes, provides in part that: “The provisions of this section apply in . . . Finally, section 403.412(5) speaks to the issue of standing under sections 120.569 and 120.57, Florida . . . does not authorize a citizen to institute, initiate, petition for, or request a proceeding under s. 120.569 . . . or affected bg a proposed agency action from initiating a formal administrative proceeding under s. 120.569 . . .
. . . exercised its discretion in refusing to afford the appellant an evidentiary hearing pursuant to section 120.569 . . .
. . . 409.1451(5)(e) that requires hearings under the RTI Program to be conducted in accordance with sections 120.569 . . .
. . . Under section 120.569(2)(c), Florida Statutes (2010): A petition shall be dismissed if it is not in substantial . . . See § 120.569(2)(c). . . .
. . . See § 120.569(1), Fla. Stat.; Village Saloon, Inc. v. . . .
. . . Any affected person may file a petition with the Division of Administrative Hearings pursuant to ss. 120.569 . . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .
. . . supported by competent, substantial evidence in the record of a hearing conducted pursuant to sections 120.569 . . . Any affected person may file a petition with the Division of Administrative Hearings pursuant to ss. 120.569 . . .
. . . In June 2009, pursuant to sections 120.569 and 120.57, Florida Statutes (2009), and rule 28-106.201 of . . .
. . . Section 120.569(2)(c), Florida Statutes, was amended in 1998 to specifically provide that a petition . . . Although section 120.569(2)(c) expressly provides that equitable tolling is an available defense to dismissal . . .
. . . . §§ 120.569(e-k), 120.57, Fla. Stat. . . .
. . . simultaneously with — or only after resort to — judicial or administrative procedures under section 120.569 . . . administrative hearing or judicial review to contest the back premium payment condition available under sections 120.569 . . .
. . . . §§ 120.569 & 120.57. . . .
. . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .
. . . section 57.105, Florida Statutes (2007), and denied the Parents’ motions for fees and costs under section 120.569 . . . fees and costs under section 766.31(l)(c), their claims for fees and costs under sections 57.105 and 120.569 . . . The ALJ also denied the Parents’ motions for fees and costs under section 120.569(2)(e) on the basis . . .
. . . purported to serve as its notice of intent to challenge Alliance’s selection decision under sections 120.569 . . . Quality contends that it is entitled to a formal administrative hearing as provided for in sections 120.569 . . .
. . . .” § 120.569(1), Fla. Stat. (2008). . . .
. . . After the evidentiary hearing, conducted pursuant to sections 120.57(1) and 120.569, Florida Statutes . . . Section 120.569 Florida Statutes (2007), governs administrative decisions affecting substantial interests . . . Section 120.569(2)(m), provides, “Findings of fact, if set forth in a manner which is no more than mere . . . findings in the final order does not cure the ALJ’s failure to adhere to the requirements of section 120.569 . . .
. . . Under section 120.569(2)(b), “[a]ll parties shall be afforded an opportunity for a hearing after reasonable . . . Cross-examination is also permitted. § 120.569(2)(j). . . . Pertinent to our review are the provisions of section 120.569, Florida Statutes (2005), which generally . . . Substantial interests of a party as referred to in section 120.569 are determined where “(1) the proposed . . . We note that section 120.569(2)(n) does provide that an agency may enter an immediate final order, such . . .
. . . Under the statutory language, a hearing is provided pursuant to section 120.569(1) “in all proceedings . . .
. . . licensed optometrist will be promptly instituted and acted upon in compliance with Sections 120.60(6), 120.569 . . .
. . . agency should be required to follow the emergency procurement provisions of section 287.057(5)(a) or 120.569 . . .
. . . following entities and individuals filed timely petitions for administrative hearing pursuant to sections 120.569 . . . final order as a written final decision which results from a proceeding under s. 120.56, s. 120.565, s.120.569 . . .
. . . the petition on August 8, 2006, based on substantial noncompliance with the requirements of section 120.569 . . .
. . . OIR dismissed the petition with leave to amend pursuant to section 120.569(2)(c) on the grounds that . . . OIR entered a final order dismissing the amended petition with prejudice pursuant to section 120.569( . . . Under section 120.569(2)(c), agencies are required to allow petitioners to file timely “at least” one . . . Section 120.569(2)(c), Florida Statutes (2005), provides in pertinent part: Unless otherwise provided . . . See § 120.569(1), Fla. Stat. (2003); Spuza v. . . .
. . . See § 120.569(1) & (2)(b), Fla. Stat. (2007). AFFIRMED. . . .
. . . Haines timely requested an administrative hearing pursuant to section 120.569(2), Florida Statutes. . . . unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss. 120.569 . . .
. . . In the order, the agency acknowledged that section 120.569(2)(c), Florida Statutes, requires the agency . . .
. . . substantially affected parties are entitled to an evidentiary hearing conducted in conformity with sections 120.569 . . . . § 120.569(1), Fla. Stat. . . .
. . . comply; or to petition the circuit court for enforcement of the subpoenas pursuant to subparagraph 120.569 . . .
. . . IFO”) entered by the Florida Department of Financial Services (“the Department”), pursuant to section 120.569 . . . for an opportunity for a hearing, the Department chose instead to issue the IFO pursuant to section 120.569 . . . See § 120.569(2)(n), Fla. Stat. (2006). . . . irreparable harm to the public interest’ requiring use of the extraordinary device afforded by section 120.569 . . .
. . . restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 . . .
. . . By this original proceeding, petitioners assert their entitlement to proceed under section 120.569(2) . . . We find that the Department had a clear legal duty to comply with the provisions of section 120.569(2 . . . (2)(a) and 120.569(2)(c), Florida Statutes (2005). . . . See § 120.569(2)(a), Fla. Stat. (2005). . . . We instruct the Department to comply with the provisions of sections 120.569(2)(a) and 120.569(2)(c), . . .
. . . The 1998 amendment to Florida Statutes section 120.569(2) added language requiring the dismissal of an . . . Accordingly, we are left with the mandatory language of section 120.569(2), which requires the dismissal . . .
. . . Zachariah clearly explained "[t]his hearing is being conducted pursuant to 120.569 and 120.57(1) of the . . .
. . . . § 120.569(1), Fla. Stat. . . . Under section 120.569, the School Board’s decision is one to which the APA applies. . . . Under section 120.569(2)(b), “[a]ll parties shall be afforded an opportunity for a hearing after reasonable . . . Cross-examination is also permitted. § 120.569(2)(j), Fla. Stat. . . . termination provisions of section 1002.33(8)(d) and the notice and hearing requirements of section’ 120.569 . . .
. . . Code R. 28-106.111(2) & (4); § 120.569(2)(c); Autoworld of America Corp. v. . . .
. . . Neither would she be entitled to a hearing under the Administrative Procedure Act, §§ 120.569, .57, because . . .