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The 2025 Florida Statutes
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F.S. 120.63120.63 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 120.63
Total Results: 9
401 So. 2d 1351
District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1290044
Cited 32 times | Published
Administrative Commission had, pursuant to Section 120.63(1), temporarily exempted the Department of
441 So. 2d 663
District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 1333163
Cited 23 times | Published
Florida Administration Commission pursuant to Section 120.63, Florida Statutes (1981), purporting to exempt
429 So. 2d 1260
District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358
Cited 15 times | Published
by order of the Administration Commission, Section 120.63, Florida Statutes, and that no order exempting
444 So. 2d 917
Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1510657
Cited 13 times | Published
exemption from the Administration Commission under section 120.63, Florida Statutes.[9] This was a temporary
338 So. 2d 832
Supreme Court of Florida | Filed: Oct 14, 1976 | Docket: 1511782
Cited 12 times | Published
it applies for and obtains exemption under Section 120.63, Fla. Stat. (1975). As pertains to this proceeding
580 So. 2d 267, 1991 WL 75657
District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365416
Cited 8 times | Published
legislative exemption from APA processes, see Section 120.63, Florida Statutes (1989), it is not one which
341 So. 2d 1071
District Court of Appeal of Florida | Filed: Feb 4, 1977 | Docket: 1724222
Cited 4 times | Published
for judicial review.
Without deciding that Section 120.63 of the Administrative Procedure Act provides
330 So. 2d 198, 1976 Fla. App. LEXIS 14970
District Court of Appeal of Florida | Filed: Mar 19, 1976 | Docket: 1797796
Cited 2 times | Published
and after a public hearing. (F.S. (1974 Supp.) § 120.63) It is thus significant whether the instant proceeding
968 So. 2d 39, 2007 Fla. App. LEXIS 10702, 32 Fla. L. Weekly Fed. D 1670
District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 1745206
Cited 1 times | Published
58, 59 (Fla. 1st DCA 1994). Florida Statutes section 120.63 permits exemptions from the APA upon application
