The 2023 Florida Statutes
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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).
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.
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:
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).
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.
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)).
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…
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
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.
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.
. . . Diaz-Ramirez argues that the Board violated section 120.57(1)(l ), Florida Statutes (2018), by making . . .
. . . . §§ 120.569(1), 120.57(2), Fla. Stat. (2016). . . .
. . . Section 120.57(1)(c), Florida Statutes (2017), which is a provision of the Administrative Procedure Act . . .
. . . 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 . . .
. . . Appellant opted for an informal hearing on the administrative complaint conducted pursuant to section 120.57 . . .
. . . 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. . . .
. . . 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. . . .
. . . administrative law judge assigned by the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . ." § 120.57(1)(c), Fla. . . .
. . . . § 120.57(e)1., Fla. Stat.; Coventry First, LLC v. State, Office of Ins. . . .
. . . 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 . . .
. . . or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 . . .
. . . Stat. 120.57, and A.L. specifically held that IDEA due process hearings were not "administrative proceedings . . .
. . . See § 120.57(1), Fla. Stat. (2017) ; DeRosa v. State, Dep't of Fin. . . .
. . . 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 . . .
. . . An informal hearing was held pursuant to section 120.57(2), Florida Statutes, as Appellant conceded there . . .
. . . by competent, substantial evidence in the record of a hearing conducted pursuant to ss. 120.569 and 120.57 . . .
. . . ." § 120.57(1)(l ), Fla. Stat. . . .
. . . The EPC convened a teacher hearing panel for an informal hearing, pursuant to sections 120.569 and 120.57 . . .
. . . that DOAH had "jurisdiction over the subject matter and the parties ... pursuant to sections 120.569, 120.57 . . .
. . . 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 . . .
. . . 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 . . .
. . . .” § 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). . . .
. . . See § 120.57(1)©, Fla. Stat. (2016). . . .
. . . Hearings (DOAH) to assign an administrative law judge in his two pending administrative cases—a section 120.57 . . .
. . . 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 . . .
. . . An RFA is treated as a Request for Proposal for the purposes of a bid protest under section 120.57(3) . . .
. . . 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 . . .
. . . 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. . . .
. . . .” § 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 . . .
. . . .” § 120.57(1)(Z), Fla. Stat. . . . .
. . . West Flagler petitioned for an informal administrative hearing pursuant to section 120.57(2), Florida . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Servs., 573 So.2d 320 (Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . After a hearing officer conducted an informal administrative hearing pursuant to sections 120.569, 120.57 . . .
. . . 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 . . .
. . . licensee is afforded the opportunity to challenge the factual basis of the complaint through a section 120.57 . . .
. . . 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 . . .
. . . iri the Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569, 120.57 . . .
. . . Section 120.595(l)(b) provides, “The final order in a proceeding pursuant' to s. 120.57(1) shall award . . .
. . . presumably American Heritage sought review of agency action as described in sections 120,569(2)(a) and 120.57 . . .
. . . Department-licensed facilities, our review.is limited to whether the Department’s final order comports with section 120.57 . . .
. . . 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 . . .
. . . 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. . . .
. . . .” § 120.57(l)(c); see also Sunshine Chevrolet Oldsmobile v. . . .
. . . court of competent jurisdiction or (2) request an administrative hearing under sections 120.569 and 120.57 . . .
. . . 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 . . .
. . . on a preponderance of the evidence from the evidence of-record and matters officially recognized, § 120.57 . . .
. . . transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 120.57(1)(l), Florida Statutes (2014), sets forth these standards for the School Board’s review . . .
. . . consolidated appeals are final orders the Agency for Health Care Administration (Agency) entered in section 120.57 . . .
. . . parties later agreed to treat the proceeding as an informal administrative proceeding under section 120.57 . . .
. . . 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 . . .
. . . after the Agenda Conference and issuance of the PAA action that the provisions of Section 120.569 and 120.57 . . .
. . . Respondent requested a formal administrative proceeding pursuant to section 120.57(1), Florida Statutes . . . See 120.57 (1)(k), Fla. Stat. . . .
. . . 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 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 . . .
. . . are denied associate master teacher designation may also obtain review of such decision under Sec. 120.57 . . .
. . . 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 . . .
. . . finds, based on a preponderance of the evidence adduced at a hearing before the commission under s. 120.57 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . .” § 120.57, Fla. Stat. (2008); see also Fla. Admin. . . .
. . . resources, and protection of air and water quality, may initiate a hearing pursuant to s. 120.569 or s. 120.57 . . .
. . . See § 120.57(1X0, Fla. . . .
. . . adopting the recommended order of the hearing officer after an administrative hearing pursuant to section 120.57 . . .
. . . hereby vacated, and this case is remanded for further proceedings pursuant to sections 120.569 and 120.57 . . .
. . . 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 . . .
. . . 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 . . .
. . . agency action for purposes of chapter 120, and the aggrieved party may request a proceeding under s. 120.57 . . .
. . . See § 120.57(l)(b), Fla. Stat. (2012). PERC’s final order adopted Dr. . . . See § 120.57(1)(Z), Fla. . . .
. . . 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 . . .
. . . 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 . . .
. . . Castellón elected an informal hearing under section 120.57(2), Florida Statutes (2012), only available . . .
. . . .” § 120.57(1)((), Fla. Stat. (2012). . . . Where a citizen exhausts administrative remedies by litigating under section 120.57(1) only to see findings . . .
. . . 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 . . .
. . . 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 . . .
. . . Appellants sought an administrative hearing pursuant to § 120.57, Florida Statutes, to review FDOT’s . . .
. . . 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 . . .
. . . of Health, 805 So.2d 1005, 1011 (Fla. 1st DCA 2002) (recognizing that the 1999 amendments to section 120.57 . . .
. . . Hearings held under this subsection shall be conducted in the same manner as provided in ss. 120.569 and 120.57 . . .
. . . Board with directions to afford Herrmann a hearing on her Amended Petition in accordance with section 120.57 . . .
. . . required by section 284.30 is a condition precedent to the recovery of attorney’s fees pursuant to section 120.57 . . .
. . . See §§ 120.57(l)(j), 447.503, Fla. Stat. . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .