Florida Statute 120.574 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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120.574 Summary hearing.—

(1)(a) Within 5 business days following the division’s receipt of a petition or request for hearing, the division shall issue and serve on all original parties an initial order that assigns the case to a specific administrative law judge and provides general information regarding practice and procedure before the division. The initial order shall also contain a statement advising the addressees that a summary hearing is available upon the agreement of all parties under subsection (2) and briefly describing the expedited time sequences, limited discovery, and final order provisions of the summary procedure.

(b) Within 15 days after service of the initial order, any party may file with the division a motion for summary hearing in accordance with subsection (2). If all original parties agree, in writing, to the summary proceeding, the proceeding shall be conducted within 30 days of the agreement, in accordance with the provisions of subsection (2).

(c) Intervenors in the proceeding shall be governed by the decision of the original parties regarding whether the case will proceed in accordance with the summary hearing process and shall not have standing to challenge that decision.

(d) If a motion for summary hearing is not filed within 15 days after service of the division’s initial order, the matter shall proceed in accordance with ss. 120.569 and 120.57.

(2) In any case to which this subsection is applicable, the following procedures apply:

(a) Motions shall be limited to the following:

1. A motion in opposition to the petition.

2. A motion requesting discovery beyond the informal exchange of documents and witness lists described in paragraph (b). Upon a showing of necessity, additional discovery may be permitted in the discretion of the administrative law judge, but only if it can be completed not later than 5 days prior to the final hearing.

3. A motion for continuance of the final hearing date.

4. A motion requesting a prehearing conference, or the administrative law judge may require a prehearing conference, for the purpose of identifying: the legal and factual issues to be considered at the final hearing; the names and addresses of witnesses who may be called to testify at the final hearing; documentary evidence that will be offered at the final hearing; the range of penalties that may be imposed upon final hearing; and any other matter that the administrative law judge determines would expedite resolution of the proceeding. The prehearing conference may be held by telephone conference call.

5. During or after any preliminary hearing or conference, any party or the administrative law judge may suggest that the case is no longer appropriate for summary disposition. Following any argument requested by the parties, the administrative law judge may enter an order referring the case back to the formal adjudicatory process described in s. 120.57(1), in which event the parties shall proceed accordingly.

(b) Not later than 5 days prior to the final hearing, the parties shall furnish to each other copies of documentary evidence and lists of witnesses who may testify at the final hearing.

(c) 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, and to be represented by counsel or other qualified representative.

(d) The record in a case governed by this subsection shall consist only of:

1. All notices, pleadings, motions, and intermediate rulings.

2. Evidence received.

3. A statement of matters officially recognized.

4. Proffers of proof and objections and rulings thereon.

5. Matters placed on the record after an ex parte communication.

6. The written decision of the administrative law judge presiding at the final hearing.

7. The official transcript of the final hearing.

(e) The agency shall accurately and completely preserve all testimony in the proceeding and, upon request by any party, shall make a full or partial transcript available at no more than actual cost.

(f) The decision of the administrative law judge shall be rendered within 30 days after the conclusion of the final hearing or the filing of the transcript thereof, whichever is later. The administrative law judge’s decision, which shall be final agency action subject to judicial review under s. 120.68, shall include the following:

1. Findings of fact based exclusively on the evidence of record and matters officially recognized.

2. Conclusions of law.

3. Imposition of a fine or penalty, if applicable.

4. Any other information required by law or rule to be contained in a final order.

History.—s. 21, ch. 96-159; s. 10, ch. 97-176; s. 11, ch. 2000-158; s. 10, ch. 2000-336.

F.S. 120.574 on Google Scholar

F.S. 120.574 on CourtListener

Amendments to 120.574

Annotations, Discussions, Cases:

Cases Citing Statute 120.574

Total Results: 13 | Sort by: Relevance | Newest First

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Amend. to Fla. Rules of Appellate Proc., 780 So. 2d 834 (Fla. 2000).

Cited 19 times | Published | Supreme Court of Florida | 2000 WL 1508541

...e *883 agency's denial of the petition; and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule, whichever is appropriate, if a hearing is held on the declaratory statement petition. (D) In an appeal from any proceeding pursuant to section 120.574, Florida Statutes, (summary proceeding), the record shall consist of all notices, pleadings, motions, and intermediate rulings; evidence received; a statement of matters officially recognized; proffers of proof and objections and ruli...

...ing officer," was added by the committee to the list of statutory requirements. Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565, while subdivision (c)(2)(D) lists the provisions of section 120.574(2)(d), Florida Statutes....

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Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

Cited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732

...or the agency's denial of the petition; and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule, whichever is appropriate, if a hearing is held on the declaratory statement petition. (D) In an appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding), the record shall consist of all notices, pleadings, motions, and intermediate rulings; evidence received; a statement of matters officially recognized; proffers of proof and objections and rulin...

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Riopelle v. Dep't of Fin. Servs., 907 So. 2d 1220 (Fla. 1st DCA 2005).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2005 WL 1523781

...rbed, but that a "full and immediate" hearing must be made available "before one is finally deprived of his property." The administrative law judge advised Riopelle by order that she had the right to request an expedited, summary hearing pursuant to section 120.574, Florida Statutes (2001)....

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Amend. to Fla. Rule of Appellate Proc. 9.020 (A), 681 So. 2d 1132 (Fla. 1996).

Cited 2 times | Published | Supreme Court of Florida | 1996 WL 548949

...or the agency's denial of the petition; and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule, whichever is appropriate, if a hearing is held on the declaratory statement petition. (D) In an appeal from any proceeding pursuant to section 120.574, Florida Statutes, (summary proceeding), the record shall consist of all notices, pleadings, motions, and intermediate rulings; evidence received; a statement of matters officially recognized; proffers of proof and objections and ruli...

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Meller v. Florida Real Est. Com'n, 902 So. 2d 325 (Fla. 5th DCA 2005).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 1250217

...Section 120.569(1), Florida Statutes (2003), explains when a proceeding under section 120.57(2) may properly be conducted: The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an *327 agency, unless the parties are proceeding under s. 120.573 or s. 120.574....

...120.57(1) applies whenever the proceeding involves a disputed issue of material fact. Unless otherwise agreed, s. 120.57(2) applies in all other cases. We are not concerned with mediation proceedings under section 120.573 or summary hearing proceedings under section 120.574....

...We, therefore, reverse the order under review and remand for proceedings pursuant to section 120.57(1). REVERSED AND REMANDED. PETERSON and MONACO, JJ., concur. NOTES [1] Both mediation proceedings and summary hearings are available if the parties agree in writing. § 120.573, Fla. Stat. (2003); § 120.574(1)(b), Fla....

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Florida Elections Comm'n v. Davis, 44 So. 3d 1211 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14875, 2010 WL 3783436

...(Emphasis supplied.) Section 106.265(1), Florida Statutes (2006), authorizes the Commission, but not the Division of Administrative Hearings or administrative law judges, to levy civil penalties for election code violations. We do not find such authorization in section 120.574, Florida Statutes (2006), governing summary hearings, set out in pertinent part in the margin. [1] This provision *1214 confers authority on administrative law judges to impose "a fine or penalty, if applicable," as part of a final order in summary proceedings. § 120.574(2)(f)3., Fla. Stat. (2006). But summary hearings require the agreement of all (original) parties to the proceeding, which would mean here the agreement not only of the Commission, but of Mr. Davis, as well. [2] See § 120.574(1), Fla....

...y an administrative law judge in the Division of Administrative Hearings" take place. § 106.25(5), Fla. Stat. (2007). A formal administrative hearing contemplates "the formal adjudicatory process described in s. 120.57(1)," not summary proceedings. § 120.574(2)(a)5., Fla....

...Findings of fact based exclusively on the evidence of record and matters officially recognized. 2. Conclusions of law. 3. Imposition of a fine or penalty, if applicable. 4. Any other information required by law or rule to be contained in a final order. § 120.574, Fla. Stat. (2007) (emphasis supplied). [2] We assume for purposes of decision that, if the Commission and Mr. Davis had agreed to proceed under section 120.574, Florida Statutes (2006), the agreement would have conferred authority on the administrative law judge to impose a civil penalty, if appropriate....

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In Re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

an appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding)

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In Re: Amendments to the Florida Rules of Appellate Procedure (Fla. 2023).

Published | Supreme Court of Florida

...agency’s denial of the petition; and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule, whichever is appropriate, if a hearing is held on the declaratory statement petition. (D) Summary Hearings. In an appeal from any proceeding pursuant tounder section 120.574, Florida Statutes, the record shallwill consist of all notices, pleadings, motions, and intermediate rulings; evidence received; a statement of matters officially recognized; proffers of proof and objections and rulings...

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In Re: Amendments to the Florida Rules of Appellate Procedure (Fla. 2023).

Published | Supreme Court of Florida

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Amendments to the Florida Rules of Appellate Procedure, 894 So. 2d 202 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

...the agency’s denial of the petition; and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule, whichever is appropriate, if a hearing is held on the declaratory statement petition. (D) In an appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding), the record shall consist of all notices, pleadings, motions, and intermediate rulings; evidence received; a statement of matters officially recognized; proffers of proof and objections and rulin...

...icer,” was added by the committee to the list of statutory requirements. Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565, while *231 subdivision (c)(2)(D) lists the provisions of section 120.574(2)(d), Florida Statutes....

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Amendments to Florida Rules of Appellate Procedure, 827 So. 2d 888 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

...the agency’s denial of the petition; and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule, whichever is appropriate, if a hearing is held on the declaratory statement petition. (D) In an appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding), the record *918 shall consist of all notices, pleadings, motions, and intermediate rulings; evidence received; a statement of matters officially recognized; proffers of proof and objections and...

...g officer,” was added by the committee to the list of statutory requirements. Subdivision (c)(2)(C) addresses the record on appeal from declaratory statement requests pursuant to section 120.565, while subdivision (c)(2)(D) lists the provisions of section 120.574(2)(d), Florida Statutes....

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Fair Ins. Rates In Monroe, Inc. v. Off. of Ins. Reg. (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...e Act: section 120.56 (rule challenges), section 120.565 (declaratory statements), section 120.569 (decisions affecting substantial interests), section 120.57 (formal and informal administrative hearings), section 120.573 (mediation of disputes), or section 120.574 (summary hearings)....

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Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Ctr. of St. Augustine, 66 So. 3d 952 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 WL 1449514

...Indeed, it seems to me that the public policy underlying section 408.7057 would be better served, and more fairly effectuated, by a process that culminates in AHCA adopting the Maximus recommendation as a proposed order that can be challenged in an administrative hearing (perhaps a summary hearing under section 120.574, as is the case for disputes between subscribers and HMOs under section 408.7056), rather than a final order subject only to (limited, if any [4] ) judicial review....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.