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Florida Statute 120.57 | Lawyer Caselaw & Research
F.S. 120.57 Case Law from Google Scholar
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The 2023 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
F.S. 120.57
120.57 Additional procedures for particular cases.—
(1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT.—
(a) Except as provided in ss. 120.80 and 120.81, an administrative law judge assigned by the division shall conduct all hearings under this subsection, except for hearings before agency heads or a member thereof. If the administrative law judge assigned to a hearing becomes unavailable, the division shall assign another administrative law judge who shall use any existing record and receive any additional evidence or argument, if any, which the new administrative law judge finds necessary.
(b) All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to the presiding officer’s recommended order, and to be represented by counsel or other qualified representative. When appropriate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut the material.
(c) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
(d) Notwithstanding s. 120.569(2)(g), similar fact evidence of other violations, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity. When the state in an administrative proceeding intends to offer evidence of other acts or offenses under this paragraph, the state shall furnish to the party whose substantial interests are being determined and whose other acts or offenses will be the subject of such evidence, no fewer than 10 days before commencement of the proceeding, a written statement of the acts or offenses it intends to offer, describing them and the evidence the state intends to offer with particularity. Notice is not required for evidence of acts or offenses which is used for impeachment or on rebuttal.
(e)1. An agency or an administrative law judge may not base agency action that determines the substantial interests of a party on an unadopted rule or a rule that is an invalid exercise of delegated legislative authority. This subparagraph does not preclude application of valid adopted rules and applicable provisions of law to the facts.
2. In a matter initiated as a result of agency action proposing to determine the substantial interests of a party, the party’s timely petition for hearing may challenge the proposed agency action based on a rule that is an invalid exercise of delegated legislative authority or based on an alleged unadopted rule. For challenges brought under this subparagraph:
a. The challenge may be pled as a defense using the procedures set forth in s. 120.56(1)(b).
b. Section 120.56(3)(a) applies to a challenge alleging that a rule is an invalid exercise of delegated legislative authority.
c. Section 120.56(4)(c) applies to a challenge alleging an unadopted rule.
d. This subparagraph does not preclude the consolidation of any proceeding under s. 120.56 with any proceeding under this paragraph.
3. Notwithstanding subparagraph 1., if an agency demonstrates that the statute being implemented directs it to adopt rules, that the agency has not had time to adopt those rules because the requirement was so recently enacted, and that the agency has initiated rulemaking and is proceeding expeditiously and in good faith to adopt the required rules, then the agency’s action may be based upon those unadopted rules if the administrative law judge determines that rulemaking is neither feasible nor practicable and the unadopted rules would not constitute an invalid exercise of delegated legislative authority if adopted as rules. An unadopted rule shall not be presumed valid. The agency must demonstrate that the unadopted rule:
a. Is within the powers, functions, and duties delegated by the Legislature or, if the agency is operating pursuant to authority vested in the agency by the State Constitution, is within that authority;
b. Does not enlarge, modify, or contravene the specific provisions of law implemented;
c. Is not vague, establishes adequate standards for agency decisions, or does not vest unbridled discretion in the agency;
d. Is not arbitrary or capricious. A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational;
e. Is not being applied to the substantially affected party without due notice; and
f. Does not impose excessive regulatory costs on the regulated person, county, or city.
4. The recommended and final orders in any proceeding shall be governed by paragraphs (k) and (l), except that the administrative law judge’s determination regarding an unadopted rule under subparagraph 1. or subparagraph 2. shall not be rejected by the agency unless the agency first determines from a review of the complete record, and states with particularity in the order, that such determination is clearly erroneous or does not comply with essential requirements of law. In any proceeding for review under s. 120.68, if the court finds that the agency’s rejection of the determination regarding the unadopted rule does not comport with this subparagraph, the agency action shall be set aside and the court shall award to the prevailing party the reasonable costs and a reasonable attorney fee for the initial proceeding and the proceeding for review.
5. A petitioner may pursue a separate, collateral challenge under s. 120.56 even if an adequate remedy exists through a proceeding under this section. The administrative law judge may consolidate the proceedings.
(f) The record in a case governed by this subsection shall consist only of:
1. All notices, pleadings, motions, and intermediate rulings.
2. Evidence admitted.
3. Those matters officially recognized.
4. Proffers of proof and objections and rulings thereon.
5. Proposed findings and exceptions.
6. Any decision, opinion, order, or report by the presiding officer.
7. All staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition, after notice of the submission to all parties, except communications by advisory staff as permitted under s. 120.66(1), if such communications are public records.
8. All matters placed on the record after an ex parte communication.
9. The official transcript.
(g) The agency shall accurately and completely preserve all testimony in the proceeding, and, on the request of any party, it shall make a full or partial transcript available at no more than actual cost.
(h) Any party to a proceeding in which an administrative law judge has final order authority may move for a summary final order when there is no genuine issue as to any material fact. A summary final order shall be rendered if the administrative law judge determines from the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, that no genuine issue as to any material fact exists and that the moving party is entitled as a matter of law to the entry of a final order. A summary final order shall consist of findings of fact, if any, conclusions of law, a disposition or penalty, if applicable, and any other information required by law to be contained in the final order.
(i) When, in any proceeding conducted pursuant to this subsection, a dispute of material fact no longer exists, any party may move the administrative law judge to relinquish jurisdiction to the agency. An order relinquishing jurisdiction shall be rendered if the administrative law judge determines from the pleadings, depositions, answers to interrogatories, and admissions on file, together with supporting and opposing affidavits, if any, that no genuine issue as to any material fact exists. If the administrative law judge enters an order relinquishing jurisdiction, the agency may promptly conduct a proceeding pursuant to subsection (2), if appropriate, but the parties may not raise any issues of disputed fact that could have been raised before the administrative law judge. An order entered by an administrative law judge relinquishing jurisdiction to the agency based upon a determination that no genuine dispute of material fact exists, need not contain findings of fact, conclusions of law, or a recommended disposition or penalty.
(j) Findings of fact shall be based upon a preponderance of the evidence, except in penal or licensure disciplinary proceedings or except as otherwise provided by statute, and shall be based exclusively on the evidence of record and on matters officially recognized.
(k) The presiding officer shall complete and submit to the agency and all parties a recommended order consisting of findings of fact, conclusions of law, and recommended disposition or penalty, if applicable, and any other information required by law to be contained in the final order. All proceedings conducted under this subsection shall be de novo. The agency shall allow each party 15 days in which to submit written exceptions to the recommended order. The final order shall include an explicit ruling on each exception, but an agency need not rule on an exception that does not clearly identify the disputed portion of the recommended order by page number or paragraph, that does not identify the legal basis for the exception, or that does not include appropriate and specific citations to the record.
(l) The agency may adopt the recommended order as the final order of the agency. The agency in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative rule, the agency must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The agency may not reject or modify the findings of fact unless the agency first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The agency may accept the recommended penalty in a recommended order, but may not reduce or increase it without a review of the complete record and without stating with particularity its reasons therefor in the order, by citing to the record in justifying the action.
(m) If a recommended order is submitted to an agency, the agency shall provide a copy of its final order and any exceptions to the division within 15 days after the order is filed with the agency clerk.
(n) Notwithstanding any law to the contrary, when statutes or rules impose conflicting time requirements for the scheduling of expedited hearings or issuance of recommended or final orders, the director of the division shall have the authority to set the proceedings for the orderly operation of this chapter.
(2) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT.—In any case to which subsection (1) does not apply:
(a) The agency shall:
1. Give reasonable notice to affected persons of the action of the agency, whether proposed or already taken, or of its decision to refuse action, together with a summary of the factual, legal, and policy grounds therefor.
2. Give parties or their counsel the option, at a convenient time and place, to present to the agency or hearing officer written or oral evidence in opposition to the action of the agency or to its refusal to act, or a written statement challenging the grounds upon which the agency has chosen to justify its action or inaction.
3. If the objections of the parties are overruled, provide a written explanation within 7 days.
(b) An agency may not base agency action that determines the substantial interests of a party on an unadopted rule or a rule that is an invalid exercise of delegated legislative authority.
(c) The record shall only consist of:
1. The notice and summary of grounds.
2. Evidence received.
3. All written statements submitted.
4. Any decision overruling objections.
5. All matters placed on the record after an ex parte communication.
6. The official transcript.
7. Any decision, opinion, order, or report by the presiding officer.
(3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter shall use the uniform rules of procedure, which provide procedures for the resolution of protests arising from the contract solicitation or award process. Such rules shall at least provide that:
(a) The agency shall provide notice of a decision or intended decision concerning a solicitation, contract award, or exceptional purchase by electronic posting. This notice shall contain the following statement: “Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.”
(b) Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.
(c) Upon receipt of the formal written protest that has been timely filed, the agency shall stop the solicitation or contract award process until the subject of the protest is resolved by final agency action, unless the agency head sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.
(d)1. The agency shall provide an opportunity to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of a formal written protest.
2. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to subsection (2) and applicable agency rules before a person whose qualifications have been prescribed by rules of the agency.
3. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is a disputed issue of material fact, the agency shall refer the protest to the division by electronic means through the division’s website for proceedings under subsection (1).
(e) Upon receipt of a formal written protest referred pursuant to this subsection, the director of the division shall expedite the hearing and assign an administrative law judge who shall commence a hearing within 30 days after the receipt of the formal written protest by the division and enter a recommended order within 30 days after the hearing or within 30 days after receipt of the hearing transcript by the administrative law judge, whichever is later. Each party shall be allowed 10 days in which to submit written exceptions to the recommended order. A final order shall be entered by the agency within 30 days of the entry of a recommended order. The provisions of this paragraph may be waived upon stipulation by all parties.
(f) In a protest to an invitation to bid or request for proposals procurement, no submissions made after the bid or proposal opening which amend or supplement the bid or proposal shall be considered. In a protest to an invitation to negotiate procurement, no submissions made after the agency announces its intent to award a contract, reject all replies, or withdraw the solicitation which amend or supplement the reply shall be considered. Unless otherwise provided by statute, the burden of proof shall rest with the party protesting the proposed agency action. In a competitive-procurement protest, other than a rejection of all bids, proposals, or replies, the administrative law judge shall conduct a de novo proceeding to determine whether the agency’s proposed action is contrary to the agency’s governing statutes, the agency’s rules or policies, or the solicitation specifications. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review by an administrative law judge shall be whether the agency’s intended action is illegal, arbitrary, dishonest, or fraudulent.
(g) For purposes of this subsection, the definitions in s. 287.012 apply.
(4) INFORMAL DISPOSITION.—Unless precluded by law, informal disposition may be made of any proceeding by stipulation, agreed settlement, or consent order.
(5) APPLICABILITY.—This section does not apply to agency investigations preliminary to agency action.
History.—s. 1, ch. 74-310; s. 7, ch. 75-191; s. 8, ch. 76-131; s. 1, ch. 77-174; s. 5, ch. 77-453; ss. 6, 11, ch. 78-95; s. 6, ch. 78-425; s. 8, ch. 79-7; s. 7, ch. 80-95; s. 4, ch. 80-289; s. 57, ch. 81-259; s. 2, ch. 83-78; s. 9, ch. 83-216; s. 2, ch. 84-173; s. 4, ch. 84-203; ss. 1, 2, ch. 86-108; s. 44, ch. 87-6; ss. 1, 2, ch. 87-54; s. 5, ch. 87-385; s. 1, ch. 90-283; s. 4, ch. 91-30; s. 1, ch. 91-191; s. 22, ch. 92-315; s. 7, ch. 94-218; s. 1420, ch. 95-147; s. 1, ch. 95-328; s. 19, ch. 96-159; s. 1, ch. 96-423; s. 8, ch. 97-176; s. 5, ch. 98-200; s. 3, ch. 98-279; s. 47, ch. 99-2; s. 6, ch. 99-379; s. 2, ch. 2002-207; s. 5, ch. 2003-94; s. 7, ch. 2006-82; s. 12, ch. 2008-104; s. 12, ch. 2011-208; s. 4, ch. 2016-116.

F.S. 120.57 on Google Scholar

F.S. 120.57 on Casetext

Amendments to 120.57


Arrestable Offenses / Crimes under Fla. Stat. 120.57
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.57.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Belony v. N. Broward Hosp. Dist.

    No. 4D2022-3061 (Fla. Dist. Ct. App. Nov. 1, 2023)
    Section 760.11, Florida Statutes (2019), establishes administrative and civil remedies for violations of the FCRA. Section 760.11(1) provides that "[a]ny person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with the [FCHR] within 365 days of the alleged violation . . . ." § 760.11(1), Fla. Stat. (2019). As an alternative to filing a charge of discrimination directly with the FCHR, the statute authorizes the filing of "a complaint under this section.... with the federal [EEOC] or with any unit of government of the state which is a fair-employment-practice agency." Id. "The complaint shall contain a short and plain statement of the facts describing the violation and the relief sought." Id. "In the event that the [FCHR] determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either: (a) [b]ring a civil action against the person named in the complaint in any court of competent jurisdiction; or (b) [r]equest an administrative hearing under ss. 120.569 and 120.57." § 760.11(4), Fla. Stat. (2019).
    PAGE 3

  2. Miami Dade Coll. v. Nader + Museu I, LLLP

    No. 3D20-663 (Fla. Dist. Ct. App. Oct. 18, 2023)
    At the time of the first lawsuit, Nader also filed a formal bid protest with the Division of Administrative Hearings ("DOAH") pursuant to section 120.57(3), Florida Statutes. In 2018, the administrative judge in the DOAH proceeding entered an order awarding MDC its attorneys' fees and costs against Nader in the amount of $82,189.50, plus interest. MDC subsequently filed a petition to enforce that attorneys' fee award in the trial court after Nader failed to pay the judgment. The trial court granted the petition and entered final judgment in MDC's favor for the full amount of the DOAH award. That judgment, however, remains unpaid because Nader is insolvent.
    PAGE 3

  3. Puri v. Dep't of Children & Families

    No. 1D21-693 (Fla. Dist. Ct. App. Oct. 4, 2023)
    An agency may adopt the recommended order, or it may reject or modify the recommended order, if it correctly follows the procedure set forth in section 120.57(1)(l), Florida Statutes. Section 120.57(1)(l) provides:
    PAGE 5

  4. Adderley v. Dep't of Revenue Child Support Enf't

    No. 4D23-1118 (Fla. Dist. Ct. App. Aug. 23, 2023)
    A parent appeals a final administrative support order. The Department of Revenue has filed a Confession of Error based on the Department's failure to "accurately and completely preserve all testimony in the proceeding[.]" See § 120.57(1)(g), Fla. Stat. (2022).

  5. Levy v. Dep't of Health

    No. 2D21-2273 (Fla. Dist. Ct. App. Aug. 23, 2023)
    However, the plain language of the rule indicates that cases resolved by settlement agreements are not bound by the disciplinary guidelines set forth in rule 64B8-30.015(2). The rule specifically states that "[i]n imposing discipline upon physician assistant applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below." Fla. Admin. Code R. 64B8-30.015(2) (emphasis added). Subsections (1) and (2) of section 120.57 pertain to administrative hearings. And the administrative complaint against Levy did not go through an administrative hearing pursuant to either subsection. Rather, it was settled pursuant to subsection (4) of the statute. Accordingly, the Florida Board was not bound by the guidelines in determining whether to modify or terminate the restriction.
    PAGE 8

  6. Dep't of Health v. Leafly Holdings, Inc.

    No. 1D21-3501 (Fla. Dist. Ct. App. Aug. 9, 2023)
    Statements that are rules cannot be enforced unless they are formally adopted in accordance with requirements set forth in chapter 120. See § 120.54, Fla. Stat.; Grabba-Leaf, 257 So.3d at 1207. If an agency statement meets the definition of a rule but hasn't been adopted as a rule under chapter 120, then it is considered an "unadopted rule." § 120.52(20), Fla. Stat. Agencies may not enforce an unadopted rule against a party's substantial interests. § 120.57(1)(e)1., Fla. Stat.; Coventry First, LLC v. State, Office of Ins. Regulation, 38 So.3d 200, 203 (Fla. 1st DCA 2010) (quoting Dep't of Revenue v. Vanjaria Enters., Inc., 675 So.2d 252, 255 (Fla. 5th DCA 1996)).
    PAGE 5

  7. Tirado v. Diaz

    No. 1D22-403 (Fla. Dist. Ct. App. Jul. 26, 2023)
    AFFIRMED. See § 120.57( 1)(1), Fla. Stat. (allowing an agency to increase a "recommended penalty" upon review "of the complete record" and "stating with particularity its reasons therefor in the order, by citing to the record in justifying the action"); see also Crim. Just. Standards &Training Comm'n v. Bradley, 596 So.2d 661, 663 (Fla. 1992) (finding "that it is a primary function of professional disciplinary boards to determine the appropriate punishment for the misconduct of the professionals it regulates" and that "[a]s long as the statute under which a professional agency operates provides guidelines for imposing penalties, the agency complies with section 120.57( 1)(b)10, and the increased penalty falls within the guidelines established by its statute, a professional board or agency has the discretion to increase the recommended penalty"); Mendez v. Fla. Dep't of Health, 943 So.2d 909, 911 (Fla. 1st DCA 2006) ("This court cannot substitute its judgment for that of an administrative agency, charged with implementing and enforcing its own statute, when that agency has imposed a penalty within the permissible range of penalties."); Aldrete v. Dep't of Health…

  8. Delvalle v. Dep't of Fin. Servs.

    No. 1D21-2969 (Fla. Dist. Ct. App. Jun. 28, 2023)
    At the informal hearing on the administrative complaint, Appellant admitted the material facts, and no procedural error occurred which would require reversal. See § 120.57(2), Fla. Stat. (providing procedures applicable to hearings without disputed issues of material fact). Appellant's admitted false statements on the insurance applications at issue support the violations found. Finding no ground for setting aside or modifying the agency action under section 120.68(7), Florida Statutes, the final order is
    PAGE 2

  9. Wright v. Agency for Health Care Admin.

    No. 1D22-718 (Fla. Dist. Ct. App. Jun. 14, 2023)
    Appellant represents Medicaid recipients in Medicaid fair hearings. Fair-hearing final orders are only available through public-record requests, under section 119.01(1). Appellant asserts that AHCA fair-hearing final orders must be published and publicly available pursuant to section 120.53, Florida Statutes. Appellant asserts that section 120.569, Florida Statutes, governs proceedings that affect substantial interests, and because fair hearings affect the party's substantial interest in Medicaid, fair hearings are governed by section 120.569. Appellant further argues that proceedings affecting substantial interest are also governed by section 120.57, Florida Statutes, and orders under section 120.57 must be published under section 120.53. Thus, according to Appellant, fair hearings, as proceedings under section 120.57, must be published pursuant to section 120.53. Finally, Appellant argues that section 409.285(2) does not provide AHCA with an exemption from section 120.57, Florida Statutes, because section 409.285 does not have express language exempting these orders from sections 120.569 and 120.57.
    PAGE 2

  10. Reddick v. Univ. of S. Fla. Bd. of Trs.

    No. 2D21-3991 (Fla. Dist. Ct. App. Jun. 9, 2023)
    In this case, Reddick's right to relief is governed by section 760.11. Section 760.11(3) provides in relevant part that where a person files a charge of discrimination, the FCHR "[w]ithin 180 days of the filing of the complaint . . . shall determine if there is reasonable cause to believe that discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992 [hereinafter Florida Civil Rights Act]." Section 760.11(8) provides that "[i]n the event that the [FCHR] fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days of the filing of the complaint, an aggrieved person may proceed under subsection (4), as if the [FCHR] determined that there was reasonable cause." Section 760.11(4), in turn, provides that where the FCHR has determined that there is reasonable cause to believe that discrimination has occurred in violation of the Florida Civil Rights Act, an aggrieved person may either bring a civil action against the party named in the complaint or request an administrative hearing under sections 120.569 and 120.57 of the Florida Statutes.
    PAGE 7

    Cases from cite.case.law:

    DIAZ- RAMIREZ, M. D. v. DEPARTMENT OF HEALTH,, 275 So. 3d 799 (Fla. App. Ct. 2019)

    . . . Diaz-Ramirez argues that the Board violated section 120.57(1)(l ), Florida Statutes (2018), by making . . .

    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). . . .

    FLORIDA INDUSTRIAL POWER USERS GROUP, v. BROWN,, 273 So. 3d 926 (Fla. 2019)

    . . . Section 120.57(1)(c), Florida Statutes (2017), which is a provision of the Administrative Procedure Act . . .

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

    . . . wrongfully overturned a recommended order of the Division of Administrative Hearings in violation of § 120.57 . . . Appellant petitioned for a formal administrative hearing pursuant to §§ 120.569 and 120.57(1), Florida . . . Appellant's argument that AHCA wrongfully overturned the ALJ's recommended order in violation of § 120.57 . . . Section 120.57(1)(l) requires that When rejecting or modifying [a] conclusion of law ... the agency must . . . Appellant's application, and AHCA explained its reasons for doing so, the Final Order did not violate § 120.57 . . .

    D. KING, II, v. DEPARTMENT OF HEALTH,, 272 So. 3d 803 (Fla. App. Ct. 2019)

    . . . Appellant opted for an informal hearing on the administrative complaint conducted pursuant to section 120.57 . . .

    KANTER REAL ESTATE, LLC, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 267 So. 3d 483 (Fla. App. Ct. 2019)

    . . . Analysis Section 120.57(1)(l ), Florida Statutes, authorizes an agency to reject or modify an ALJ's conclusions . . . Winn , 938 So.2d 554, 555 (Fla. 1st DCA 2006) ; see also § 120.57(1)(l ), Fla. Stat. . . . base agency action that determines the substantial interests of a party on an unadopted rule ...." § 120.57 . . . See § 120.57(1)(l ), Fla. Stat. . . .

    ASPHALT PAVING SYSTEMS, INC. v. COLUMBIA, 264 So. 3d 1110 (Fla. App. Ct. 2019)

    . . . allegations of its petition established standing and entitled it to a formal hearing pursuant to section 120.57 . . . Asphalt Paving filed an amended petition with the Department under section 120.57(1), Florida Statutes . . . action, and therefore Asphalt Paving had not demonstrated standing for a formal hearing under section 120.57 . . . "To establish entitlement to a section 120.57 formal hearing, one must show that its 'substantial interests . . . State, Dep't of Transp. , 635 So.2d 58, 59 (Fla. 1st DCA 1994) ; §§ 120.52(13)(b); 120.57, Fla. . . .

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

    . . . administrative law judge assigned by the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 . . .

    FOX, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 262 So. 3d 782 (Fla. App. Ct. 2018)

    . . . . § 120.57(1)(l ), Fla. Stat. (2016) ; Yerks v. Sch. . . . substituted conclusion of law ... is as or more reasonable than that which was rejected or modified." § 120.57 . . . See § 120.57(1)(l ), Fla. Stat.; Yerks , 219 So.3d at 848. . . . reject that conclusion as long as it explained its rationale for doing so in accordance with section 120.57 . . .

    DETTELBACH, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 261 So. 3d 676 (Fla. App. Ct. 2018)

    . . . disciplinary action under section 455.225, Florida Statutes, is not subject to the requirements of section 120.57 . . . However, section 120.57 does apply to disciplinary proceedings instituted under section 455.225 once . . .

    CUENCA, v. STATE BOARD OF ADMINISTRATION,, 259 So. 3d 253 (Fla. App. Ct. 2018)

    . . . ." § 120.57(1)(c), Fla. . . .

    GRABBA- LEAF, LLC, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 257 So. 3d 1205 (Fla. App. Ct. 2018)

    . . . . § 120.57(e)1., Fla. Stat.; Coventry First, LLC v. State, Office of Ins. . . .

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

    . . . section 120.56 (rule challenges) or sections 120.569 (decisions which affect substantial interests) and 120.57 . . . from any proceeding pursuant to sections 120.569 (decisions which affect substantial interests) and 120.57 . . .

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

    . . . or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . .

    SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, v. C. B. J. A. B. a, 315 F. Supp. 3d 1312 (S.D. Fla. 2018)

    . . . Stat. 120.57, and A.L. specifically held that IDEA due process hearings were not "administrative proceedings . . .

    ADEBIYI, v. DEPARTMENT OF HEALTH, BOARD OF NURSING,, 244 So. 3d 335 (Fla. App. Ct. 2018)

    . . . See § 120.57(1), Fla. Stat. (2017) ; DeRosa v. State, Dep't of Fin. . . .

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

    . . . Despite OPC's objection, this Court approved that settlement, in part, because section 120.57(4), Florida . . . nless precluded by law.' " Citizens I , 146 So.3d at 1150 (second alteration in original) (quoting § 120.57 . . .

    TURBEVILLE, v. DEPARTMENT OF FINANCIAL SERVICES,, 248 So. 3d 194 (Fla. App. Ct. 2018)

    . . . An informal hearing was held pursuant to section 120.57(2), Florida Statutes, as Appellant conceded there . . .

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

    . . . by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 and 120.57 . . .

    K. ROBINSON, v. COMMISSION ON ETHICS,, 242 So. 3d 467 (Fla. App. Ct. 2018)

    . . . ." § 120.57(1)(l ), Fla. Stat. . . .

    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)

    . . . that DOAH had "jurisdiction over the subject matter and the parties ... pursuant to sections 120.569, 120.57 . . .

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

    . . . Board) to issue a final order as defined by the Administrative Procedure Act (the APA), in section 120.57 . . . disciplinary reassignment” and requested a hearing, which was held pursuant to the APA, sections 120.569 and 120.57 . . . intended its Notice of Adoption of Recommended Order to be a rendered final order pursuant to section 120.57 . . . the provisions of chapter 120,” but that “[e]xpulsion hearings shall be governed by ss. 120.569 and 120.57 . . .

    SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT d b a v. FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, v. d b a UF d b a d b a UF v. d b a HCA d b a d b a d b a d b a d b a d b a d b a d b a d b a d b a JFK d b a JFK JFK d b a JFK d b a d b a d b a d b a d b a d b a d b a d b a MHT, LLC, d b a d b a a d b a d b a d b a HCA d b a d b a d b a d b a d b a PPH, LLC, d b a d b a d b a d b a LLC, d b a d b a HCA d b a HCA d b a d b a d b a HCA d b a St. d b a St. TCH, LLC, d b a d b a d b a d b a d b a v. St. s d b a St. s St. s- St. s d b a St. s St. s d b a St. s d b a CGH d b a d b a d b a d b a d b a d b a a d b a d b a St. s d b a St. s d b a v. d b a HMA, LLC, LLC d b a HMA, LLC d b a HMA, LLC d b a HMA LLC d b a St. HMA, LLC d b a LLC, d b a d b a HMA, LLC d b a HMA LLC d b a HMA, LLC, d b a HMA LLC, LLC d b a HMA, LLC d b a HMA, LLC d b a HMA, LLC d b a HMA, LLC d b a SC, LLC d b a HMA, LLC d b a HMA, LLC, HMA, LLC, d b a d b a v. d b a d b a d b a d b a d b a v., 230 So. 3d 973 (Fla. Dist. Ct. App. 2017)

    . . . Sixty-seven Petitioners sought administrative hearings ■ pursuant to section 120.57(1), Florida Statutes . . . 30 years ago, a party has standing to initiate a formal administrative hearing pursuant to section 120.57 . . . But, as this court later made clear, “[t]o be entitled to a section 120.57 hearing, there must be final . . . we reverse the orders of dismissal and remand for the grant of formal hearings pursuant to section 120.57 . . . “As a general principle of administrative law, a person is entitled to a section 120.57 hearing when . . .

    A. P. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 230 So. 3d 3 (Fla. Dist. Ct. App. 2017)

    . . . .” § 120.57(1)(l), Fla. Stat. (2016); see also B.J. v. . . . As such, the DCF decision is not in conformity with section 120.57(1)(Z). . . .

    HERNANDEZ, v. GUERRA, 230 So. 3d 514 (Fla. Dist. Ct. App. 2017)

    . . . See § 120.57(1)©, Fla. Stat. (2016). . . .

    CASTIELLO, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, 229 So. 3d 861 (Fla. Dist. Ct. App. 2017)

    . . . Hearings (DOAH) to assign an administrative law judge in his two pending administrative cases—a section 120.57 . . .

    HAMILTON DOWNS HORSETRACK, LLC, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 226 So. 3d 1046 (Fla. Dist. Ct. App. 2017)

    . . . Section 120.57(1)((), Florida Statutes, provides that the agency may not reject or modify an ALJ’s findings . . . agency “may reject or modify the conclusions of law over which it has substantive jurisdiction.” § 120.57 . . .

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

    . . . An RFA is treated as a Request for Proposal for the purposes of a bid protest under section 120.57(3) . . .

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

    . . . and advises the Applicant of the opportunity to request a proceeding pursuant to Sections 120.569 and 120.57 . . . and advises the Applicant of the opportunity to request a proceeding pursuant to Sections 120.569 and 120.57 . . .

    GARRISON, v. DEPARTMENT OF HEALTH, BOARD OF NURSING,, 220 So. 3d 1278 (Fla. Dist. Ct. App. 2017)

    . . . suspension of his nursing license, a fíne, and a reprimand following an informal hearing pursuant to section 120.57 . . . See § 120.57(2), Fla. Stat. (2015). . . . We note that in hearings involving disputed issues of fact under section 120.57(1), Florida Statutes, . . . However, section' 120.57(2) pertaining to hearings not involving disputed issues of material fact contains . . . See § 120.57(2), Fla. Stat.; see also Vicaria v. . . .

    YERKS, v. SCHOOL BOARD OF BROWARD COUNTY,, 219 So. 3d 844 (Fla. Dist. Ct. App. 2017)

    . . . .” § 120.57(1)l), Fla. Stat. (2015). . . . interpretation of administrative rule is as or more reasonable than that which was rejected or modified.” § 120.57 . . .

    HARBOUR POINTE OF PERDIDO KEY CONDOMINIUM ASSOCIATION, INC. v. HENKEL,, 216 So. 3d 753 (Fla. Dist. Ct. App. 2017)

    . . . .” § 120.57(1)(Z), Fla. Stat. . . . .

    WEST FLAGLER ASSOCIATES, LTD. v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 216 So. 3d 692 (Fla. Dist. Ct. App. 2017)

    . . . West Flagler petitioned for an informal administrative hearing pursuant to section 120.57(2), Florida . . .

    MARION COUNTY, v. DEPARTMENT OF JUVENILE JUSTICE, v., 215 So. 3d 621 (Fla. Dist. Ct. App. 2017)

    . . . action by the Department violated principles of fundamental fairness and the requirements of section 120.57 . . . These challenges contained disputed issues of material fact, and section 120.57(1) hearings were set . . .

    CITIZENS OF STATE v. GRAHAM,, 213 So. 3d 703 (Fla. 2017)

    . . . articulated the principles that require agency action to be set aside when insufficiently explained: Section 120.57 . . . Section 120.57 proceedings, in which the agency’s nonrule policy is fair game for a party’s challenge . . . Sections 120.57(l)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. . . . findings of fact but rejection of recommended penalty without any explanation as required by section 120.57 . . .

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

    . . . and second amended petitions for a formal administrative proceeding pursuant to sections 120.569 and 120.57 . . . Accordingly, we reverse the final order and remand for an administrative hearing pursuant to section 120.57 . . . “1) that he will suffer injury in fact which is of sufficient immediacy to entitle him to a section 120.57 . . . Keys Aqueduct Auth., 400 So.2d 524, 525 (Fla. 3d DCA 1981); see § 120.57(3)(b), Fla. Stat. (2016). . . . In considering the dismissal of a petition for a hearing under section 120.57, Florida Statutes, an agency . . .

    N. FRIEDMAN, v. MERCANTIL COMMERCEBANK, N. A., 211 So. 3d 310 (Fla. Dist. Ct. App. 2017)

    . . . Servs., 573 So.2d 320 (Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes . . .

    BARROR, v. DEPARTMENT OF FINANCIAL SERVICES,, 204 So.3d 597 (Fla. Dist. Ct. App. 2016)

    . . . required because there are disputed issues of material fact entitling him to a hearing under section 120.57 . . . We, therefore, reverse the order under review and remand this case for a hearing under section 120.57 . . .

    BRIGHT HOUSE NETWORKS, v. AT T CORP., 205 So. 3d 837 (Fla. Dist. Ct. App. 2016)

    . . . revealed its “best and final” price, the flaw was in the bidding process itself, specifically that section 120.57 . . . Because the ALJ correctly concluded that the plain language of section 120.57(3)(f), Florida Statutes . . . of the plain language of the statute, we find it unnecessary to address the issue of whether section 120.57 . . . even permitted the School Board to revisit the ALJ’s legal conclusion under these circumstances, See § 120.57 . . . Section 120.57(3)(b) provides that any person adversely affected by "the terms, conditions, and specifications . . .

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

    . . . injury-in-fact which is of sufficient immediacy to entitle it to a hearing under Sections 120.569 and 120.57 . . . proceeding to a Hearing Officer, or whether or not to commence informal proceedings pursuant to Section 120.57 . . .

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

    . . . Stat. (2015) (a hearing under section 120.57 is required when an agency’s decision affects or determines . . . hearing via section 120.569, Florida Statutes, Because administrative review via sections 120.569(1) and 120.57 . . .

    AT T CORP. v. STATE DEPARTMENT OF MANAGEMENT SERVICES, CR MSA, LLC,, 201 So. 3d 852 (Fla. Dist. Ct. App. 2016)

    . . . . § 120.57(3)(f), Fla. Stat. (2015). . . . . § 120.57(3)(f), Fla. Stat. (2015). . . . Section 120.57(3), Florida Statutes (2015), provides a seventy-two-hour window after the agency posts . . .

    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)

    . . . Under section 120.57(1)(Z), Florida Statutes (2015), after the ALJ has submitted a recommended order, . . . See § 120.57(l)(i) (providing that AHCA may “reject or modify the conclusions of law over which it has . . .

    O. OMULEPU, M. D. v. STATE DEPARTMENT OF HEALTH,, 198 So. 3d 1046 (Fla. Dist. Ct. App. 2016)

    . . . licensee is afforded the opportunity to challenge the factual basis of the complaint through a section 120.57 . . .

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

    . . . filed a Petition for Formal Administrative Proceedings with the Board, pursuant to sections 120.569 and 120.57 . . . Petitioners as third parties can challenge a purely proprietary Board action under sections 120.569 and 120.57 . . . third parties can challenge this minor and purely proprietary Board action under sections 120.569, and 120.57 . . . “In considering the dismissal of a petition for a hearing under section 120.57, Florida Statutes, an . . .

    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)

    . . . iri the Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569, 120.57 . . .

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

    . . . Section 120.595(l)(b) provides, “The final order in a proceeding pursuant' to s. 120.57(1) shall award . . .

    AMERICAN HERITAGE WINDOW FASHIONS, LLC, v. DEPARTMENT OF REVENUE,, 191 So. 3d 516 (Fla. Dist. Ct. App. 2016)

    . . . presumably American Heritage sought review of agency action as described in sections 120,569(2)(a) and 120.57 . . .

    SMITH, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 188 So. 3d 81 (Fla. Dist. Ct. App. 2016)

    . . . Department-licensed facilities, our review.is limited to whether the Department’s final order comports with section 120.57 . . .

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

    . . . pertinent part, “The referring agency shall take no further action with respect to a proceeding under s. 120.57 . . . , except as a party litigant, as long as the division has jurisdiction over the proceeding under s. 120.57 . . .

    SAUNDERS, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 185 So. 3d 1298 (Fla. Dist. Ct. App. 2016)

    . . . The hearing officer’s conclusion that Saunders could not raise, this challenge under section 120.57(l . . . Stat. (2014) (providing that, notwithstanding the language in section 120.57(l)(a), Florida Statutes, . . . Rather, Saunders properly challenged the Department’s actions pursuant to section 120.57(l)(e). . . . Notwithstanding Saunders' authority ' to challenge the Department’s determinations under 120.57(l)(e) . . . Section 120.57(l)(e), unlike section'120.56/provides immediate relief. . . .

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

    . . . .” § 120.57(l)(c); see also Sunshine Chevrolet Oldsmobile v. . . .

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

    . . . court of competent jurisdiction or (2) request an administrative hearing under sections 120.569 and 120.57 . . .

    SMITH, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 182 So. 3d 767 (Fla. Dist. Ct. App. 2015)

    . . . In proceedings under Section 120.57(2),■ Florida Statutes* (2013), the Commission concluded' that he . . . Smith elected an informal hearing before the Commission under Section 120.57(2), Florida Statutes (2013 . . . ), rather than a formal hearing at the Division of Administrative Hearings under section 120.57(1), Florida . . . In that case, too, the licensee had requested an informal hearing under section 120.57(2), conceding . . .

    DEPARTMENT OF REVENUE, v. C. REYES, 181 So. 3d 1270 (Fla. Dist. Ct. App. 2015)

    . . . on a preponderance of the evidence from the evidence of-record and matters officially recognized, § 120.57 . . .

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

    . . . transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57 . . .

    BAKER COUNTY MEDICAL SERVICES, INC. d b a Ed v. STATE a, 178 So. 3d 71 (Fla. Dist. Ct. App. 2015)

    . . . AHCA and West 'Jacksonville counter" that sections 408.040(2)(c), 408.015(2)-(3), and 120.57(4), Florida . . . Stat.; see also § 120.57(4), Fla. Stat. . . . not encouraged for efficiency’s sake, provided they are within the lawful authority of the agency. § 120.57 . . .

    DEROSA A v. STATE DEPARTMENT OF FINANCIAL SERVICES,, 175 So. 3d 946 (Fla. Dist. Ct. App. 2015)

    . . . department”) final order revoking the agency’s license after an informal proceeding pursuant to section 120.57 . . . (Fla. 5th DCA 2005) (“if it becomes apparent during the course of an informal hearing under section 120.57 . . . Accordingly, we reverse the order on appeal and remand for a formal hearing pursuant to section 120.57 . . .

    GOOTEE v. SCHOOL BOARD OF MONROE COUNTY,, 201 So. 3d 115 (Fla. Dist. Ct. App. 2015)

    . . . Section 120.57(1)(l), Florida Statutes (2014), sets forth these standards for the School Board’s review . . .

    NORTH BROWARD HOSPITAL d b a v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION, v. d b a v. v. d b a v. v. v., 171 So. 3d 223 (Fla. Dist. Ct. App. 2015)

    . . . consolidated appeals are final orders the Agency for Health Care Administration (Agency) entered in section 120.57 . . .

    SOUTH FLORIDA RACING ASSOCIATION, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARIMUTUEL WAGERING,, 201 So. 3d 57 (Fla. Dist. Ct. App. 2015)

    . . . parties later agreed to treat the proceeding as an informal administrative proceeding under section 120.57 . . .

    QUILLER, v. DUVAL COUNTY SCHOOL BOARD,, 171 So. 3d 745 (Fla. Dist. Ct. App. 2015)

    . . . Under section 120.57(1)(l), the School Board could reject the ALJ’s recommendation, but in doing so, . . . it had to review the complete record and cite with particularity its reasons for doing so. § 120.57(1 . . .

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

    . . . after the Agenda Conference and issuance of the PAA action that the provisions of Section 120.569 and 120.57 . . .

    STATE Of v. MURCIANO, M. D., 163 So. 3d 662 (Fla. Dist. Ct. App. 2015)

    . . . Respondent requested a formal administrative proceeding pursuant to section 120.57(1), Florida Statutes . . . See 120.57 (1)(k), Fla. Stat. . . .

    FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. DAVIS FAMILY DAY CARE HOME,, 160 So. 3d 854 (Fla. 2015)

    . . . As authorized by section 120.57(1), Florida Statutes, the day care petitioned for a formal administrative . . . since DCF “self-proclaimed” the proceeding as disciplinary, which under the plain language of section 120.57 . . .

    DeROIN, D. V. M. v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE,, 160 So. 3d 516 (Fla. Dist. Ct. App. 2015)

    . . . DeRoin requested a formal administrative hearing pursuant to section 120.57(1), Florida Statutes (2012 . . . disputed issues of material fact must be referred to the Division of Administrative Hearings, see § 120.57 . . .

    ROBINSON, v. STEWART,, 161 So. 3d 589 (Fla. Dist. Ct. App. 2015)

    . . . are denied associate master teacher designation may also obtain review of such decision under Sec. 120.57 . . .

    AMERISURE MUTUAL INSURANCE COMPANY, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS COMPENSATION,, 156 So. 3d 520 (Fla. Dist. Ct. App. 2015)

    . . . Department had not demonstrated circumstances excusing a lack of rulemaking as contemplated by section 120.57 . . . not base agency action that determines the substantial interests of a party on an unadopted rule.” § 120.57 . . .

    M. SMALLEY, a v. DUKE ENERGY FLORIDA, INC. a d b a Co., 154 So. 3d 439 (Fla. Dist. Ct. App. 2014)

    . . . finds, based on a preponderance of the evidence adduced at a hearing before the commission under s. 120.57 . . .

    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 . . . See § 120.57(l)(i), Fla. Stat. . . . DOAH for an evidentiary hearing or requested a non-evidentiary, or informal, hearing under section 120.57 . . .

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

    . . . employee’s substantial interests; therefore, the employee is entitled to a formal hearing under section 120.57 . . . 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)

    . . . Second, pursuant to section 120.57(4), Florida Statutes (2012), informal disposition of the rate proceeding . . . Further, section 120.569(1) provides that additional procedural requirements listed in section 120.57 . . . Section 120.57(l)(b) provides: All parties shall have an opportunity to respond, to present evidence . . . Section 120.57(4) also provides that “informal disposition may be made of any proceeding by stipulation . . . conduct discovery and present evidence challenging any aspect of the agreement pursuant to section 120.57 . . .

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

    . . . case were stipulated by the parties, and the administrative proceedings were conducted under section 120.57 . . . See § 120.57(2)(a), Fla. Stat. . . . Statutes, and the process due in these administrative proceedings is codified in sections 120.569, 120.57 . . . exceed its statutory authority or deny All Saints the process it was due under sections 120.569 and 120.57 . . .

    B. BORGES, D. D. S. v. DEPARTMENT OF HEALTH,, 143 So. 3d 1185 (Fla. Dist. Ct. App. 2014)

    . . . .” § 120.57, Fla. Stat. (2008); see also Fla. Admin. . . .

    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)

    . . . resources, and protection of air and water quality, may initiate a hearing pursuant to s. 120.569 or s. 120.57 . . .

    PADRON, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, J., 143 So. 3d 1037 (Fla. Dist. Ct. App. 2014)

    . . . See § 120.57(1X0, Fla. . . .

    BLOXOM- WILLIAMS, v. FLORIDA PUBLIC EMPLOYEES COUNCIL AMERICAN FEDERATION OF SATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO,, 141 So. 3d 782 (Fla. Dist. Ct. App. 2014)

    . . . adopting the recommended order of the hearing officer after an administrative hearing pursuant to section 120.57 . . .

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

    . . . hereby vacated, and this case is remanded for further proceedings pursuant to sections 120.569 and 120.57 . . .

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

    . . . dismissing Appellant’s request for a formal administrative hearing pursuant to sections 120.569 and 120.57 . . . Accordingly, we reverse and remand for an administrative hearing pursuant to section 120.57, Florida . . . county’s BERR, it provides the county with a notice of administrative rights under sections 120.569, 120.57 . . . however, Appellant filed a request for a formal administrative hearing pursuant to sections 120.569 and 120.57 . . . ) they would “suffer injury in fact which is of sufficient immediacy to entitle [them] to a section 120.57 . . .

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

    . . . petitioned for a formal hearing before an administrative law judge pursuant to sections 120.569(2)(a) and 120.57 . . . or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . . Section 120.57(1) controls proceedings involving a disputed issue of material fact, unless all parties . . . waive application of section 120.57(1). § 120.569(1), Fla. . . . Failer is clearly entitled to a section 120.569 or 120.57 hearing on the Department’s suspension of his . . . license, as the Department did here, “a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . .

    ALACHUA COUNTY SCHOOL BOARD v. OFFICE OF STATE CHIEF FINANCIAL OFFICER FOR DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKER S COMPENSATION,, 138 So. 3d 480 (Fla. Dist. Ct. App. 2014)

    . . . agency action for purposes of chapter 120, and the aggrieved party may request a proceeding under s. 120.57 . . .

    SCHOOL DISTRICT OF COLLIER COUNTY, v. FUQUA,, 136 So. 3d 687 (Fla. Dist. Ct. App. 2014)

    . . . See § 120.57(l)(b), Fla. Stat. (2012). PERC’s final order adopted Dr. . . . See § 120.57(1)(Z), Fla. . . .

    TRISHA S ONE STOP, INC. v. OFFICE OF FINANCIAL REGULATION,, 130 So. 3d 285 (Fla. Dist. Ct. App. 2014)

    . . . complaint, it would have been necessary for Autoworld to request a formal hearing under subsection 120.57 . . . itself clarified on rehearing that the decision did not require the Department to convene a section 120.57 . . .

    FLORIDA PAROLE COMMISSION, v. TAYLOR,, 132 So. 3d 780 (Fla. 2014)

    . . . revoking Taylor’s conditional release without “stating with particularity” — as required by section 120.57 . . . Similarly, section 120.57(1)(Z) provides that so long as the administrative agency reviews the complete . . . Rather, under section 120.57(1)(l), if an agency fails to set out the reasoning for its decision with . . . We reverse the order of the Board and remand the case for compliance with section 120.57(1)(l), Florida . . . If the FPC’s order did violate section 120.57(l)(i), the error could have been remedied by providing . . .

    P. CASTELLON, M. D. v. FLORIDA DEPARTMENT OF HEALTH,, 130 So. 3d 748 (Fla. Dist. Ct. App. 2014)

    . . . Castellón elected an informal hearing under section 120.57(2), Florida Statutes (2012), only available . . .

    VIERING, v. FLORIDA COMMISSION ON HUMAN RELATIONS WATSON,, 128 So. 3d 967 (Fla. Dist. Ct. App. 2013)

    . . . .” § 120.57(1)((), Fla. Stat. (2012). . . . Where a citizen exhausts administrative remedies by litigating under section 120.57(1) only to see findings . . .

    BRIDLEWOOD GROUP HOME, v. AGENCY FOR PERSONS WITH DISABILITIES,, 136 So. 3d 652 (Fla. Dist. Ct. App. 2013)

    . . . Section 120.57(l)(k), Florida Statutes (2010), provides that parties can file exceptions to a RO. . . . See also § 120.57(1)(Z), Fla. Stat. (2012); Rogers v. . . . See § 120.57(1)(Z) (providing that agencies may reject or modify conclusions of law over which they have . . .

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

    . . . authority on the State Board of Education to disavow or reverse the exemption from sections 120.659, 120.57 . . . and 286.011, when it provides: “Such hearings are exempt from ss. 120.569, 120.57, and 286.011, except . . . That subparagraph expressly provides, in part, that due process hearings “are exempt from ss. 120.569, 120.57 . . .

    CBS OUTDOOR INC. SLG LLC, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 124 So. 3d 383 (Fla. Dist. Ct. App. 2013)

    . . . Appellants sought an administrative hearing pursuant to § 120.57, Florida Statutes, to review FDOT’s . . .

    CESAR, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION GHM LLC., 121 So. 3d 1181 (Fla. Dist. Ct. App. 2013)

    . . . Unemployment Appeals Comm’n, 80 So.3d 461, 463 (Fla. 1st DCA 2012) (citing to section 120.57(1)(Z), Florida . . . Section 120.57(1)(Z), Florida Statutes (2011) provides in relevant part: The agency may not reject or . . .

    WESTPHAL, v. CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG RISK MANAGEMENT,, 122 So. 3d 440 (Fla. Dist. Ct. App. 2013)

    . . . of Health, 805 So.2d 1005, 1011 (Fla. 1st DCA 2002) (recognizing that the 1999 amendments to section 120.57 . . .

    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 and 120.57 . . .

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

    . . . Board with directions to afford Herrmann a hearing on her Amended Petition in accordance with section 120.57 . . .

    N. S. J. S. a v. DEPARTMENT CHILDREN FAMILIES,, 119 So. 3d 558 (Fla. Dist. Ct. App. 2013)

    . . . required by section 284.30 is a condition precedent to the recovery of attorney’s fees pursuant to section 120.57 . . .

    E. HEADLEY, Jr. No. v. CITY OF MIAMI,, 118 So. 3d 885 (Fla. Dist. Ct. App. 2013)

    . . . See §§ 120.57(l)(j), 447.503, Fla. Stat. . . .

    SANDERS, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 118 So. 3d 899 (Fla. Dist. Ct. App. 2013)

    . . . Appellants received the notice, requested a hearing pursuant to section 120.57(2), Florida Statutes, . . . submitted a recommended order and all parties had the opportunity to file objections or exceptions. § 120.57 . . .

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

    . . . See § 402.10(2); see also § 120.57(1). . . . Previously, section 120.57 provided that findings of fact “shall be based exclusively on the evidence . . . of record and on matters officially recognized”; no burden of proof was mentioned. § 120.57(l)(b)(8) . . . The 1997 amendments to chapter 120 added section 120.57(l)(h), now section 120.57(l)(j), stating that . . . This court too must apply the clear language of section 120.57(l)(j). . . .

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

    . . . 120 hearings “are designed to give affected parties an opportunity to change the agency’s mind”); § 120.57 . . . See generally §§ 120.569, 120.57(1), Fla. Stat. . . . This is akin to the role of the ALJ in a bid protest proceeding under section 120.57(3) where the ALJ . . . See § 120.57(3)(f), Fla. Stat. . . . reject that conclusion as long as it explained its rationale for doing so in accordance with section 120.57 . . .