Florida Statutes

Fla. Stat. § 120.63 (2025)

Exemption from act.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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120.63 Exemption from act.—

(1) Upon application of any agency, the Administration Commission may exempt any process or proceeding governed by this act from one or more requirements of this act:

(a) When the agency head has certified that the requirement would conflict with any provision of federal law or rules with which the agency must comply;

(b) In order to permit persons in the state to receive tax benefits or federal funds under any federal law; or

(c) When the commission has found that conformity with the requirements of the part or parts of this act for which exemption is sought would be so inconvenient or impractical as to defeat the purpose of the agency proceeding involved or the purpose of this act and would not be in the public interest in light of the nature of the intended action and the enabling act or other laws affecting the agency.

(2) The commission may not exempt an agency from any requirement of this act pursuant to this section until it establishes alternative procedures to achieve the agency’s purpose which shall be consistent, insofar as possible, with the intent and purpose of the act.

(a) Prior to the granting of any exemption authorized by this section, the commission shall hold a public hearing after notice given as provided in s. 120.525. Upon the conclusion of the hearing, the commission, through the Executive Office of the Governor, shall issue an order specifically granting or denying the exemption and specifying any processes or proceedings exempted and the extent of the exemption; transmit to the committee and to the Department of State a copy of the petition, a certified copy of the order granting or denying the petition, and a copy of any alternative procedures prescribed; and give notice of the petition and the commission’s response in the Florida Administrative Register.

(b) An exemption and any alternative procedure prescribed shall terminate 90 days following adjournment sine die of the then-current or next regular legislative session after issuance of the exemption order, or upon the effective date of any subsequent legislation incorporating the exemption or any partial exemption related thereto, whichever is earlier. The exemption granted by the commission shall be renewable upon the same or similar facts not more than once. Such renewal shall terminate as would an original exemption.

History.—s. 1, ch. 74-310; s. 11, ch. 76-131; s. 1, ch. 77-53; s. 8, ch. 77-453; s. 87, ch. 79-190; s. 7, ch. 79-299; s. 70, ch. 79-400; s. 58, ch. 81-259; s. 29, ch. 96-159; s. 10, ch. 2013-14.

Notes of Decisions

Cited in 9 cases, 1976–2007 · leading case: Rothermel v. Fla. Parole & Prob. Com'n, 441 So. 2d 663 (Fla. 1st DCA 1983).

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Rothermel v. Fla. Parole & Prob. Com'n, 441 So. 2d 663 (Fla. 1st DCA 1983). · cites it 2× “The Commission filed a motion to dismiss the appeal and asserts two grounds in support thereof: (1) that an order entered February 8, 1983, by the Florida Administration Commission pursuant to Section 120.63, Florida Statutes (1981), purporting to exempt from Section 120.”

Roberson v. Fla. Parole & Prob. Com'n, 444 So. 2d 917 (Fla. 1983). · cites it 2× “The Department of Offender Rehabilitation immediately sought an exemption from the Administration Commission under section 120.63, Florida Statutes. [9] This was a temporary exemption and the department then sought legislative changes.”

Caloosa Prop. Owners Ass'n v. Palm Beach Cnty. Bd., 429 So. 2d 1260 (Fla. 1st DCA 1983). · cites it 2× “57; that an agency may be exempted in whole or in part from the APA by order of the Administration Commission, Section 120.63, Florida Statutes, and that no order exempting the Land and Water Adjudicatory Commission has ever been issued.”

Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). “52(10)(d)'s introduction, the Administrative Commission had, pursuant to Section 120.63(1), temporarily exempted the Department of Corrections from the requirements of Sections 120.”

Friends of Hatchineha, Inc. v. State, Der, 580 So. 2d 267 (Fla. 1st DCA 1991). · cites it 2× “Although this may be an appropriate reason for the department to seek a legislative exemption from APA processes, see Section 120.63, Florida Statutes (1989), it is not one which the judiciary may adopt in the absence of express legislative enactment.”

Straughn v. O'RIORDAN, 338 So. 2d 832 (Fla. 1976). “With the adoption of a new act on January 1, 1975, however, the Department is no longer exempt in any respect unless it applies for and obtains exemption under Section 120.63, Fla. Stat. (1975). As pertains to this proceeding, the new act has as one of its principal goals the…”

Bureau of Cmty. Med. Fac., Etc. v. Samson, 341 So. 2d 1071 (Fla. 1st DCA 1977). “Without deciding that Section 120.63 of the Administrative Procedure Act provides a remedy for the Bureau's quandary, we note that the Bureau does not claim that the Administration Commission has exempted it in these circumstances from taking final agency action to approve or…”

Chung-Ling Yu v. Criser, 330 So. 2d 198 (Fla. 1st DCA 1976). “) § 120.63) It is thus significant whether the instant proceeding should have been governed by the APA as it existed in 1973 or by the revised APA.”

Survivors Charter v. Sch. Bd. of Palm Beach, 968 So. 2d 39 (Fla. 4th DCA 2007). · cites it 2× “Florida Statutes section 120.63 permits exemptions from the APA upon application of an agency under certain circumstances, but there is no indication that the School Board was so exempt (and the charters did not include an express APA exemption).”

— 120.63(1) — 1 case

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