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Florida Statute 120.569 | Lawyer Caselaw & Research
F.S. 120.569 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
F.S. 120.569
120.569 Decisions which affect substantial interests.
(1) The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency, unless the parties are proceeding under s. 120.573 or s. 120.574. Unless waived by all parties, s. 120.57(1) applies whenever the proceeding involves a disputed issue of material fact. Unless otherwise agreed, s. 120.57(2) applies in all other cases. If a disputed issue of material fact arises during a proceeding under s. 120.57(2), then, unless waived by all parties, the proceeding under s. 120.57(2) shall be terminated and a proceeding under s. 120.57(1) shall be conducted. Parties shall be notified of any order, including a final order. Unless waived, a copy of the order shall be delivered or mailed to each party or the party’s attorney of record at the address of record. Each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review; and shall state the time limits which apply.
(2)(a) Except for any proceeding conducted as prescribed in s. 120.56, a petition or request for a hearing under this section shall be filed with the agency. If the agency requests an administrative law judge from the division, it shall so notify the division by electronic means through the division’s website within 15 days after receipt of the petition or request. A request for a hearing shall be granted or denied within 15 days after receipt. On the request of any agency, the division shall assign an administrative law judge with due regard to the expertise required for the particular matter. The referring agency shall take no further action with respect to a proceeding under s. 120.57(1), except as a party litigant, as long as the division has jurisdiction over the proceeding under s. 120.57(1). Any party may request the disqualification of the administrative law judge by filing an affidavit with the division prior to the taking of evidence at a hearing, stating the grounds with particularity.
(b) All parties shall be afforded an opportunity for a hearing after reasonable notice of not less than 14 days; however, the 14-day notice requirement may be waived with the consent of all parties. The notice shall include:
1. A statement of the time, place, and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) Unless otherwise provided by law, a petition or request for hearing shall include those items required by the uniform rules adopted pursuant to s. 120.54(5)(b). Upon the receipt of a petition or request for hearing, the agency shall carefully review the petition to determine if it contains all of the required information. A petition shall be dismissed if it is not in substantial compliance with these requirements or it has been untimely filed. Dismissal of a petition shall, at least once, be without prejudice to petitioner’s filing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured. The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall state the deadline for filing an amended petition if applicable. This paragraph does not eliminate the availability of equitable tolling as a defense to the untimely filing of a petition.
(d) The agency may refer a petition to the division for the assignment of an administrative law judge only if the petition is in substantial compliance with the requirements of paragraph (c).
(e) All pleadings, motions, or other papers filed in the proceeding must be signed by the party, the party’s attorney, or the party’s qualified representative. The signature constitutes a certificate that the person has read the pleading, motion, or other paper and that, based upon reasonable inquiry, it is not interposed for any improper purposes, such as to harass or to cause unnecessary delay, or for frivolous purpose or needless increase in the cost of litigation. If a pleading, motion, or other paper is signed in violation of these requirements, the presiding officer shall impose upon the person who signed it, the represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.
(f) The presiding officer has the power to swear witnesses and take their testimony under oath, to issue subpoenas, and to effect discovery on the written request of any party by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, including the imposition of sanctions, except contempt. However, no presiding officer has the authority to issue any subpoena or order directing discovery to any member or employee of the Legislature when the subpoena or order commands the production of documents or materials or compels testimony relating to the legislative duties of the member or employee. Any subpoena or order directing discovery directed to a member or an employee of the Legislature shall show on its face that the testimony sought does not relate to legislative duties.
(g) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath.
(h) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original, if available.
(i) When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the material.
(j) A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.
(k)1. Any person subject to a subpoena may, before compliance and on timely petition, request the presiding officer having jurisdiction of the dispute to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material.
2. A party may seek enforcement of a subpoena, order directing discovery, or order imposing sanctions issued under the authority of this chapter by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides. A failure to comply with an order of the court shall result in a finding of contempt of court. However, no person shall be in contempt while a subpoena is being challenged under subparagraph 1. The court may award to the prevailing party all or part of the costs and attorney’s fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure.
3. Any public employee subpoenaed to appear at an agency proceeding shall be entitled to per diem and travel expenses at the same rate as that provided for state employees under s. 112.061 if travel away from such public employee’s headquarters is required. All other witnesses appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as is provided in civil actions in circuit courts of this state. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement, and in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.
(l) Unless the time period is waived or extended with the consent of all parties, 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, and it must be rendered within 90 days:
1. After the hearing is concluded, if conducted by the agency;
2. After a recommended order is submitted to the agency and mailed to all parties, if the hearing is conducted by an administrative law judge; or
3. After the agency has received the written and oral material it has authorized to be submitted, if there has been no hearing.
(m) Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, must be accompanied by a concise and explicit statement of the underlying facts of record which support the findings.
(n) If an agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, it shall recite with particularity the facts underlying such finding in the final order, which shall be appealable or enjoinable from the date rendered.
(o) On the request of any party, the administrative law judge shall enter an initial scheduling order to facilitate the just, speedy, and inexpensive determination of the proceeding. The initial scheduling order shall establish a discovery period, including a deadline by which all discovery shall be completed, and the date by which the parties shall identify expert witnesses and their opinions. The initial scheduling order also may require the parties to meet and file a joint report by a date certain.
(p) For any proceeding arising under chapter 373, chapter 378, or chapter 403, if a nonapplicant petitions as a third party to challenge an agency’s issuance of a license, permit, or conceptual approval, the order of presentation in the proceeding is for the permit applicant to present a prima facie case demonstrating entitlement to the license, permit, or conceptual approval, followed by the agency. This demonstration may be made by entering into evidence the application and relevant material submitted to the agency in support of the application, and the agency’s staff report or notice of intent to approve the permit, license, or conceptual approval. Subsequent to the presentation of the applicant’s prima facie case and any direct evidence submitted by the agency, the petitioner initiating the action challenging the issuance of the license, permit, or conceptual approval has the burden of ultimate persuasion and has the burden of going forward to prove the case in opposition to the license, permit, or conceptual approval through the presentation of competent and substantial evidence. The permit applicant and agency may on rebuttal present any evidence relevant to demonstrating that the application meets the conditions for issuance. Notwithstanding subsection (1), this paragraph applies to proceedings under s. 120.574.
History.s. 18, ch. 96-159; s. 7, ch. 97-176; s. 4, ch. 98-200; s. 4, ch. 2003-94; s. 6, ch. 2006-82; s. 14, ch. 2008-104; s. 11, ch. 2011-208; s. 10, ch. 2011-225.

F.S. 120.569 on Google Scholar

F.S. 120.569 on Casetext

Amendments to 120.569


Arrestable Offenses / Crimes under Fla. Stat. 120.569
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.569.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HALL, L. P. N. v. DEPARTMENT OF HEALTH,, 274 So. 3d 1241 (Fla. App. Ct. 2019)

. . . . §§ 120.569(1), 120.57(2), Fla. Stat. (2016). . . .

MILA ALF, LLC d b a v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 273 So. 3d 272 (Fla. App. Ct. 2019)

. . . Appellant petitioned for a formal administrative hearing pursuant to §§ 120.569 and 120.57(1), Florida . . .

A. W. v. HUMANA MEDICAL PLAN, INC., 270 So. 3d 400 (Fla. App. Ct. 2019)

. . . 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 . . .

FRS- FAST RELIABLE SEAWAY, LLC. v. BOARD OF PILOT COMMISSIONERS, 261 So. 3d 744 (Fla. App. Ct. 2018)

. . . before an administrative law judge assigned by the Division of Administrative Hearings pursuant to ss. 120.569 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE- REGULAR- CYCLE REPORT., 256 So. 3d 1218 (Fla. 2018)

. . . 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 . . .

VALLS, M. D. v. DEPARTMENT OF HEALTH,, 255 So. 3d 515 (Fla. App. Ct. 2018)

. . . restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 . . .

P. F- G, v. DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION,, 252 So. 3d 304 (Fla. App. Ct. 2018)

. . . 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. . . .

REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 250 So. 3d 737 (Fla. App. Ct. 2018)

. . . 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 . . .

SIERRA CLUB, v. BROWN,, 243 So. 3d 903 (Fla. 2018)

. . . 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 . . .

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, d b a v. DIVISION OF ADMINISTRATIVE HEARINGS A. B. a, 243 So. 3d 985 (Fla. App. Ct. 2018)

. . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .

KEMP, v. STEWART,, 239 So. 3d 101 (Fla. App. Ct. 2018)

. . . The EPC convened a teacher hearing panel for an informal hearing, pursuant to sections 120.569 and 120.57 . . .

DELGADO, D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 237 So. 3d 432 (Fla. App. Ct. 2018)

. . . 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. . . .

S. J. v. THOMAS, 233 So. 3d 490 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

BROWNSVILLE MANOR, LP, v. REDDING DEVELOPMENT PARTNERS, LLC, HTG LLC, I JIC LLC, RST, LP,, 224 So. 3d 891 (Fla. Dist. Ct. App. 2017)

. . . Redding filed a formal written protest pursuant to sections 120.569 arid 1|0.57(1) and (3), Florida Statutes . . .

PINNACLE HOUSING GROUP, LLC, v. FLORIDA HOUSING FINANCE CORPORATION,, 239 So. 3d 722 (Fla. App. Ct. 2017)

. . . 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 . . .

PERRY, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 220 So. 3d 546 (Fla. Dist. Ct. App. 2017)

. . . trained, and work 80 hours each month, is a matter affecting her “substantial interests,” under section 120.569 . . . . § 120.569(1), Fla. . . .

AMADOR, v. SCHOOL BOARD OF MONROE COUNTY,, 225 So. 3d 853 (Fla. Dist. Ct. App. 2017)

. . . that the respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 . . .

R. WILLOUGHBY, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 212 So. 3d 516 (Fla. Dist. Ct. App. 2017)

. . . See §§ 120.569, .57(1), Fla. . . .

MADISON HIGHLANDS, LLC LLC, v. FLORIDA HOUSING FINANCE CORPORATION, SP LLC, LP LP,, 220 So. 3d 467 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

FLORIDA INDUSTRIAL POWER USERS GROUP, v. GRAHAM,, 209 So. 3d 1142 (Fla. 2017)

. . . 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 . . .

STATE v. PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA, INC., 207 So.3d 1032 (Fla. Dist. Ct. App. 2017)

. . . could not prevail under section 120.595(1), and claimed entitlement under a different theory, section 120.569 . . .

VILLAGE OF KEY BISCAYNE, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 206 So.3d 788 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

DREW, v. FLORIDA DEPARTMENT OF EDUCATION,, 202 So. 3d 951 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

FLAGSHIP MANOR LLC, v. FLORIDA HOUSING FINANCE CORPORATION, 199 So. 3d 1090 (Fla. Dist. Ct. App. 2016)

. . . After a hearing officer conducted an informal administrative hearing pursuant to sections 120.569, 120.57 . . .

MURCIANO, M. D. v. STATE, 208 So. 3d 130 (Fla. Dist. Ct. App. 2016)

. . . Murciano requested a formal administrative hearing pursuant to section 120.569, Florida Statutes (2013 . . .

HERBITS, v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND,, 195 So. 3d 1149 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

SCHOOL BOARD OF MIAMI- DADE COUNTY, v. C. A. F. S. R. F. J. H. F., 194 So. 3d 493 (Fla. Dist. Ct. App. 2016)

. . . requirements iri the Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569 . . .

B. JOHNSON, v. DEPARTMENT OF CORRECTIONS,, 191 So. 3d 965 (Fla. Dist. Ct. App. 2016)

. . . Johnson sought an award of attorney’s "fees under sections 120.595 and 120.569, Florida'Statutes. . . .

FLORIDA DEPARTMENT OF REVENUE, v. SEELEY, 213 So. 3d 974 (Fla. Dist. Ct. App. 2016)

. . . Section 120.569(2)(a), Florida Statutes, states in pertinent part, “The referring agency shall take no . . .

RIVERA, v. BOARD OF TRUSTEES OF CITY OF TAMPA S GENERAL EMPLOYMENT RETIREMENT FUND,, 189 So. 3d 207 (Fla. Dist. Ct. App. 2016)

. . . In administrative proceedings such as the one conducted by the Board, section 120.569(2)(g) provides: . . .

SHERIDAN, v. STATE DEPARTMENT OF HEALTH,, 182 So. 3d 787 (Fla. Dist. Ct. App. 2016)

. . . action in a court of competent jurisdiction or (2) request an administrative hearing under sections 120.569 . . .

A. L. v. JACKSON COUNTY SCHOOL BOARD,, 635 F. App'x 774 (11th Cir. 2015)

. . . the agency transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 . . .

CITIZENS OF STATE OFFICE OF PUBLIC COUNSEL, v. FLORIDA PUBLIC SERVICE COMMISSION AND UTILITIES, INC., 164 So. 3d 58 (Fla. Dist. Ct. App. 2015)

. . . that it is after the Agenda Conference and issuance of the PAA action that the provisions of Section 120.569 . . .

PALM CONSTRUCTION COMPANY OF WEST FLORIDA, v. DEPARTMENT OF FINANCIAL SERVICES,, 153 So. 3d 948 (Fla. Dist. Ct. App. 2014)

. . . Appellant sought an evi-dentiary administrative hearing pursuant to sections 120.569 and 120.57(1), Florida . . .

SEIDEN, v. J. ADAMS, Ed. D., 150 So. 3d 1215 (Fla. Dist. Ct. App. 2014)

. . . 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. . . .

CITIZENS OF STATE v. FLORIDA PUBLIC SERVICE COMMISSION,, 146 So. 3d 1143 (Fla. 2014)

. . . 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 . . .

ALL SAINTS EARLY LEARNING AND COMMUNITY CARE CENTER, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 145 So. 3d 974 (Fla. Dist. Ct. App. 2014)

. . . , 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 . . .

CONSERVATION ALLIANCE OF ST. LUCIE COUNTY INC. a k a v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 144 So. 3d 622 (Fla. Dist. Ct. App. 2014)

. . . wildlife resources, and protection of air and water quality, may initiate a hearing pursuant to s. 120.569 . . .

PROFESSIONAL HOME HEALTH SERVICES, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 140 So. 3d 1148 (Fla. Dist. Ct. App. 2014)

. . . on appeal is hereby vacated, and this case is remanded for further proceedings pursuant to sections 120.569 . . .

SOUTH BROWARD HOSPITAL DISTRICT, d b a v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 141 So. 3d 678 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

Dr. FAILER, v. STATE DEPARTMENT OF HEALTH,, 139 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

A. L. P. L. B. P. L. B. N. v. JACKSON COUNTY SCHOOL BOARD,, 127 So. 3d 758 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

SHANDS JACKSONVILLE MEDICAL CENTER, INC. v. STATE DEPARTMENT OF HEALTH, d b a v. HCA d b a HCA Of d b a St. s d b a St. s v., 123 So. 3d 86 (Fla. Dist. Ct. App. 2013)

. . . Hearings held under this subsection shall be conducted in the same manner as provided in ss. 120.569 . . .

HERRMANN, v. DISTRICT BOARD OF TRUSTEES OF SANTA FE COLLEGE,, 120 So. 3d 626 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

DAVIS FAMILY DAY CARE HOME, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 117 So. 3d 464 (Fla. Dist. Ct. App. 2013)

. . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .

J. D. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 114 So. 3d 1127 (Fla. Dist. Ct. App. 2013)

. . . See generally §§ 120.569, 120.57(1), Fla. Stat. . . .

FRANKS, v. BOWERS, M. D., 116 So. 3d 1240 (Fla. 2013)

. . . standards for voluntary binding arbitration of medical negligence claims shall be as provided in ss. 120.569 . . .

PRESCRIPTION PARTNERS, LLC, v. STATE DEPARTMENT OF FINANCIAL SERVICES,, 109 So. 3d 1218 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

VIERING, v. FLORIDA COMMISSION ON HUMAN RELATIONS WATSON,, 109 So. 3d 296 (Fla. Dist. Ct. App. 2013)

. . . See §§ 120.569; 120.57(1), Fla. Stat. (2008). . . .

DUKE S STEAKHOUSE FT. MYERS, INC. v. PROPERTIES, LLC,, 106 So. 3d 12 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

G. BOLLONE, v. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 100 So. 3d 1276 (Fla. Dist. Ct. App. 2012)

. . . assignment of an administrative law judge (“ALJ”) to conduct a formal hearing pursuant to sections 120.569 . . .

WASHINGTON COUNTY, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, L. v., 85 So. 3d 1127 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

SMITH, v. SYLVESTER, 82 So. 3d 1159 (Fla. Dist. Ct. App. 2012)

. . . to run according to a schedule DEP established pursuant to its discretionary authority under section 120.569 . . .

TAYLOR, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 81 So. 3d 566 (Fla. Dist. Ct. App. 2012)

. . . 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. . . .

P. DONOVAN, v. OKALOOSA COUNTY,, 82 So. 3d 801 (Fla. 2012)

. . . See §§ 120.569-.57. Fla. Stat. (2009). . . .

MARTIN COUNTY CONSERVATION ALLIANCE v. MARTIN COUNTY, LLC, LC,, 73 So. 3d 856 (Fla. Dist. Ct. App. 2011)

. . . See § 120.569, Fla. Stat. (2009). . . . Although Reily addressed standing in the administrative proceeding under section 120.569(1), Florida . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 84 So. 3d 192 (Fla. 2011)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 75 So. 3d 239 (Fla. 2011)

. . . 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 . . .

GARDNER, v. SCHOOL BOARD OF GLADES COUNTY,, 73 So. 3d 314 (Fla. Dist. Ct. App. 2011)

. . . See also § 120.569(2)(b) (providing that on decisions that affect substantial interests, “[a]ll parties . . .

PRO TECH MONITORING, INC. v. STATE DEPARTMENT OF CORRECTIONS,, 72 So. 3d 277 (Fla. Dist. Ct. App. 2011)

. . . 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. . . .

DEMAYO, v. STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES,, 67 So. 3d 1230 (Fla. Dist. Ct. App. 2011)

. . . . § 120.569(2)(c), Fla. Stat. (2010). . . .

RIVERWOOD NURSING CENTER, LLC d b a v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 58 So. 3d 907 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

MIAMI- DADE COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS,, 54 So. 3d 633 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

ST. JOHNS RIVERKEEPER, INC. v. ST. JOHNS RIVER WATER MANAGEMENT,, 54 So. 3d 1051 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

M. ARTEAGA, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS,, 54 So. 3d 599 (Fla. Dist. Ct. App. 2011)

. . . exercised its discretion in refusing to afford the appellant an evidentiary hearing pursuant to section 120.569 . . .

WADE, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 57 So. 3d 869 (Fla. Dist. Ct. App. 2011)

. . . 409.1451(5)(e) that requires hearings under the RTI Program to be conducted in accordance with sections 120.569 . . .

JULIO BANKS, P. E. v. FLORIDA ENGINEERS MANAGEMENT CORPORATION,, 53 So. 3d 1151 (Fla. Dist. Ct. App. 2011)

. . . 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). . . .

FT. MYERS REAL ESTATE HOLDINGS, LLC, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 53 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

. . . See § 120.569(1), Fla. Stat.; Village Saloon, Inc. v. . . .

KATHERINE S BAY, LLC, v. J. FAGAN, 52 So. 3d 19 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

PAYNE a a v. CITY OF MIAMI, a LLC,, 52 So. 3d 707 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v., 48 So. 3d 811 (Fla. 2010)

. . . In June 2009, pursuant to sections 120.569 and 120.57, Florida Statutes (2009), and rule 28-106.201 of . . .

SEAVOR, v. DEPARTMENT OF FINANCIAL SERVICES,, 32 So. 3d 722 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

B. ANDELA, v. UNIVERSITY OF MIAMI,, 692 F. Supp. 2d 1356 (S.D. Fla. 2010)

. . . . §§ 120.569(e-k), 120.57, Fla. Stat. . . .

AFSCME FLORIDA COUNCIL AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO, v. STATE DEPARTMENT OF CORRECTIONS, 23 So. 3d 748 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

WASHINGTON, v. DeBEAUGRINE,, 658 F. Supp. 2d 1332 (N.D. Fla. 2009)

. . . . §§ 120.569 & 120.57. . . .

HIALEAH HOUSING AUTHORITY, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION I., 16 So. 3d 216 (Fla. Dist. Ct. App. 2009)

. . . not supported by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 . . .

RODRIGUEZ, a a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, a v., 19 So. 3d 386 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

FIRST QUALITY HOME CARE, INC. v. ALLIANCE FOR AGING, INC., 14 So. 3d 1149 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

PALM BEACH COUNTY ENVIRONMENTAL COALITION, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Co., 14 So. 3d 1076 (Fla. Dist. Ct. App. 2009)

. . . .” § 120.569(1), Fla. Stat. (2008). . . .

COMMUNITY HEALTH CHARITIES OF FLORIDA s s ALS s St. s NAMI s v. STATE DEPARTMENT OF MANAGEMENT SERVICES,, 7 So. 3d 570 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

SCHOOL BOARD OF PALM BEACH COUNTY, v. SURVIVORS CHARTER SCHOOLS, INC., 3 So. 3d 1220 (Fla. 2009)

. . . 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 . . .

PEACE RIVER MANASOTA REGIONAL WATER SUPPLY AUTHORITY v. IMC PHOSPHATES COMPANY n k a LLC, 18 So. 3d 1079 (Fla. Dist. Ct. App. 2009)

. . . Under the statutory language, a hearing is provided pursuant to section 120.569(1) “in all proceedings . . .

J. MACHIELA, O. D. v. STATE DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY,, 995 So. 2d 1168 (Fla. Dist. Ct. App. 2008)

. . . licensed optometrist will be promptly instituted and acted upon in compliance with Sections 120.60(6), 120.569 . . .

BLU- MED RESPONSE SYSTEMS, a v. STATE DEPARTMENT OF HEALTH,, 993 So. 2d 150 (Fla. Dist. Ct. App. 2008)

. . . agency should be required to follow the emergency procurement provisions of section 287.057(5)(a) or 120.569 . . .

COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, v. FISH AND WILDLIFE CONSERVATION COMMISSION, v. v., 993 So. 2d 69 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

FLORIDIAN COMMUNITY BANK, INC. P. v. STATE OFFICE OF FINANCIAL REGULATION, DIVISION OF FINANCIAL INSTITUTIONS, P. v., 989 So. 2d 1231 (Fla. Dist. Ct. App. 2008)

. . . the petition on August 8, 2006, based on substantial noncompliance with the requirements of section 120.569 . . .

NATIONAL STATES INSURANCE COMPANY, INC. v. OFFICE OF INSURANCE REGULATION,, 988 So. 2d 107 (Fla. Dist. Ct. App. 2008)

. . . 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. . . .

THOMPSON, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 985 So. 2d 61 (Fla. Dist. Ct. App. 2008)

. . . See § 120.569(1) & (2)(b), Fla. Stat. (2007). AFFIRMED. . . .

HAINES, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 983 So. 2d 602 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

W. FRANK WELLS NURSING HOME, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 979 So. 2d 339 (Fla. Dist. Ct. App. 2008)

. . . In the order, the agency acknowledged that section 120.569(2)(c), Florida Statutes, requires the agency . . .

ROSENZWEIG, v. DEPARTMENT OF TRANSPORTATION,, 979 So. 2d 1050 (Fla. Dist. Ct. App. 2008)

. . . substantially affected parties are entitled to an evidentiary hearing conducted in conformity with sections 120.569 . . . . § 120.569(1), Fla. Stat. . . .

HAMES, v. CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS TRUST,, 980 So. 2d 1112 (Fla. Dist. Ct. App. 2008)

. . . comply; or to petition the circuit court for enforcement of the subpoenas pursuant to subparagraph 120.569 . . .

KODSY, v. DEPARTMENT OF FINANCIAL SERVICES, 972 So. 2d 999 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

ST. MICHAEL S ACADEMY, INC. v. STATE DEPARTMENT OF CHILDREN AND FAMILIES,, 965 So. 2d 169 (Fla. Dist. Ct. App. 2007)

. . . restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 . . .

COMMUNITY HEALTH CHARITIES OF FLORIDA s s ALS s SIDS St. s s v. STATE DEPARTMENT OF MANAGEMENT SERVICES,, 961 So. 2d 372 (Fla. Dist. Ct. App. 2007)

. . . 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), . . .

ALEONG, D. Y. M. v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 963 So. 2d 799 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

A. RUPP, M. D. v. DEPARTMENT OF HEALTH,, 963 So. 2d 790 (Fla. Dist. Ct. App. 2007)

. . . Zachariah clearly explained "[t]his hearing is being conducted pursuant to 120.569 and 120.57(1) of the . . .

SURVIVORS CHARTER SCHOOLS, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY,, 968 So. 2d 39 (Fla. Dist. Ct. App. 2007)

. . . . § 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 . . .

NICKS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL, ETC., 957 So. 2d 65 (Fla. Dist. Ct. App. 2007)

. . . Code R. 28-106.111(2) & (4); § 120.569(2)(c); Autoworld of America Corp. v. . . .

LASSOR, v. AGENCY FOR PERSONS WITH DISABILITIES,, 958 So. 2d 453 (Fla. Dist. Ct. App. 2007)

. . . Neither would she be entitled to a hearing under the Administrative Procedure Act, §§ 120.569, .57, because . . .