Florida Statute 120.574 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.574

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 Casetext

Amendments to 120.574

Arrestable Offenses / Crimes under Fla. Stat. 120.574

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.574.

Annotations, Discussions, Cases:

Cases Citing Statute 120.574

Total Results: 18

Office of Public Counsel v. Florida Public Service Commission, Pluris Wedgefield, LLC.

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: 565, s. 120.569, s. 120.57, s. 120.573, or s. 120.574,” including “final agency actions which are affirmative

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2023-03-16

Snippet: appeal from any proceeding pursuant tounder section 120.574, Florida Statutes, the record shallwill consist

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2023-03-16

Snippet: appeal from any proceeding pursuant tounder section 120.574, Florida Statutes, the record shallwill consist

Advisory Opinion to the Attorney General Re: Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions

Court: Supreme Court of Florida | Date Filed: 2021-06-17

Snippet: 120.56, 120.565, 120.569, 120.57, 120.573, or 120.574, Florida Statutes (2016) or as amended. (8) If

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-25

Citation: 256 So. 3d 1218

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

Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation

Court: District Court of Appeal of Florida | Date Filed: 2018-04-30

Snippet: section 120.573 (mediation of disputes), or section 120.574 (summary hearings). § 120.52(7), Fla. Stat. (emphasis

Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Center of St. Augustine

Court: District Court of Appeal of Florida | Date Filed: 2011-04-15

Citation: 66 So. 3d 952, 2011 WL 1449514

Snippet: hearing (perhaps a summary hearing under section 120.574, as is the case for disputes between subscribers

Florida Elections Commission v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

Citation: 44 So. 3d 1211, 2010 Fla. App. LEXIS 14875, 2010 WL 3783436

Snippet: We do not find such authorization in section 120.574, Florida Statutes (2006), governing summary hearings

Collier County Bd. of County Com'rs v. Fwcc

Court: District Court of Appeal of Florida | Date Filed: 2008-09-12

Citation: 993 So. 2d 69

Snippet: 120.565, s.120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a rule, and which is not excepted

Keen v. Department of Business & Professional

Court: District Court of Appeal of Florida | Date Filed: 2006-02-17

Citation: 920 So. 2d 805, 2006 Fla. App. LEXIS 1991, 2006 WL 357853

Snippet: parties are proceeding under s. 120.573 or s. 120.574. Unless waived by all parties, s. 120.57(1) applies

Riopelle v. DEPARTMENT OF FINANCIAL SERVS.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-28

Citation: 907 So. 2d 1220, 2005 WL 1523781

Snippet: expedited, summary hearing pursuant to section 120.574, Florida Statutes (2001). She instead sought relief

Meller v. FLORIDA REAL ESTATE COM'N

Court: District Court of Appeal of Florida | Date Filed: 2005-05-27

Citation: 902 So. 2d 325, 2005 WL 1250217

Snippet: parties are proceeding under s. 120.573 or s. 120.574. Unless waived by all parties, s. 120.57(1) applies

Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2005-02-03

Citation: 894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Snippet: appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding), the record

Amend. to Rules of App. Proc., Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 887 So. 2d 1090, 2004 WL 2201732

Snippet: appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding), the record

Amendments to Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2002-08-29

Citation: 827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Snippet: appeal from any proceeding pursuant to section 120.574, Florida Statutes (summary proceeding), the record

Amend. to Fla. Rules of Appellate Proc.

Court: Supreme Court of Florida | Date Filed: 2000-10-12

Citation: 780 So. 2d 834, 2000 WL 1508541

Snippet: appeal from any proceeding pursuant to section 120.574, Florida Statutes, (summary proceeding), the record

Hill v. Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1997-02-25

Citation: 687 So. 2d 1376, 1997 Fla. App. LEXIS 1407, 1997 WL 75520

Snippet: 565, s. 120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a rule, and which is not excepted

Amend. to Fla. Rule of Appellate Proc. 9.020 (A)

Court: Supreme Court of Florida | Date Filed: 1996-09-27

Citation: 681 So. 2d 1132, 1996 WL 548949

Snippet: appeal from any proceeding pursuant to section 120.574, Florida Statutes, (summary proceeding), the record