Florida Statutes
Fla. Stat. § 120.62 (2025)
Agency investigations.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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120.62 Agency investigations.—
(1) Every person who responds to a request or demand by any agency or representative thereof for written data or an oral statement shall be entitled to a transcript or recording of his or her oral statement at no more than cost.
(2) Any person compelled to appear, or who appears voluntarily, before any presiding officer or agency in an investigation or in any agency proceeding has the right, at his or her own expense, to be accompanied, represented, and advised by counsel or by other qualified representatives.
Notes of Decisions
Cited in 10
cases, 1980–2019 · leading case: The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980).
The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “This rule was adopted under the authority conferred by section 120.62(2), Florida Statutes (1975), of Florida's Administrative Procedure Act (APA), which provides: Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an…”
Florida Pub. Employees Council 79 v. Jacksonville Employees Together, 738 So. 2d 489 (Fla. 1st DCA 1999). “Section 120.62(2), Florida Statutes (1975), provided then, as it substantially does now: Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an investigation or in any agency proceeding has the right, at his own expense, to be…”
Magnolias Nursing & Convalescent Ctr. v. DEPT. OF HLT. & REHABILITATIVE Servs., 428 So. 2d 256 (Fla. 1st DCA 1982). “62(2), Florida Statutes, provides: (2) Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an investigation or in any agency proceeding has the right, at his own expense, to be accompanied, represented, and advised by counsel or by…”
Kens Carter Jeancharles v. Dept. of Revenue, Child Support Enf't & Audriana Jean, 273 So. 3d 1006 (Fla. 4th DCA 2019). “§ 120.62(2), Fla. Stat. (2018). Judicial protection of the right to counsel “ensures continued public confidence in our system of justice.”
Burke v. Harbor Estates Assocs., Inc., 591 So. 2d 1034 (Fla. 1st DCA 1991). “Section 120.62(2), Florida Statutes, permitting qualified lay representatives to represent parties in administrative proceedings, provides no basis for holding such representatives to a lesser standard of conduct.”
Victoria L. v. Dist. Sch. Bd., 741 F.2d 369 (11th Cir. 1984). “508 with Fla. Stat. § 120.62 (2) (1980) and Rule 6A-6.”
Raven v. Manatee Cnty. Sch. Bd., 32 So. 3d 126 (Fla. 2d DCA 2009). “Horne is the authorized representative of the School Board for purposes of section 120.62. The ALJ concluded that because the School Board violated Raven’s right to counsel, a final order should be entered finding that Raven’s refusal to be interviewed without counsel did not…”
Flake v. State, Dept. of Agric., 383 So. 2d 285 (Fla. 5th DCA 1980). “Because of persistent rumors of other Star Ruby plantings within the state, the defendant, in August of 1975, pursuant to Section 120.62 of the Administrative Procedure Act, instituted an agency investigation determining the extent to which Star Ruby plantings existed within the…”
Guillen v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 207 (Fla. 3d DCA 2012). “151(7), Florida Statutes (2011), exempts "authorized representatives” from the "qualified representative” standard imposed by section 120.62(2) and normally applicable to administrative proceedings, it seems obvious that an employer should document the authorization, not the…”
Florida Bar v. Wishnefsky, 515 So. 2d 1284 (Fla. 1987). “Advising persons of their rights, duties, or responsibilities under Florida law, or Federal law, on matters as those laws relate to Social Security matters, except to the limited degree permitted under the Code of Federal Regulations, the Social Security Act and Section…”
— 120.62(2) — 8 cases
The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “This rule was adopted under the authority conferred by section 120.62(2), Florida Statutes (1975), of Florida's Administrative Procedure Act (APA), which provides: Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an…”
Florida Pub. Employees Council 79 v. Jacksonville Employees Together, 738 So. 2d 489 (Fla. 1st DCA 1999). “Section 120.62(2), Florida Statutes (1975), provided then, as it substantially does now: Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an investigation or in any agency proceeding has the right, at his own expense, to be…”
Magnolias Nursing & Convalescent Ctr. v. DEPT. OF HLT. & REHABILITATIVE Servs., 428 So. 2d 256 (Fla. 1st DCA 1982). “62(2), Florida Statutes, provides: (2) Any person compelled to appear, or who appears voluntarily, before any hearing officer or agency in an investigation or in any agency proceeding has the right, at his own expense, to be accompanied, represented, and advised by counsel or by…”
Kens Carter Jeancharles v. Dept. of Revenue, Child Support Enf't & Audriana Jean, 273 So. 3d 1006 (Fla. 4th DCA 2019). “§ 120.62(2), Fla. Stat. (2018). Judicial protection of the right to counsel “ensures continued public confidence in our system of justice.”
Burke v. Harbor Estates Assocs., Inc., 591 So. 2d 1034 (Fla. 1st DCA 1991). “Section 120.62(2), Florida Statutes, permitting qualified lay representatives to represent parties in administrative proceedings, provides no basis for holding such representatives to a lesser standard of conduct.”
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