Florida Statute 120.63 | 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. 120.63

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.

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Amendments to 120.63

Arrestable Offenses / Crimes under Fla. Stat. 120.63

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.63.

Annotations, Discussions, Cases:

Cases Citing Statute 120.63

Total Results: 13

Survivors Charter v. Sch. Bd. of Palm Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-11T00:53:00-07:00

Citation: 968 So. 2d 39

Snippet: 59 (Fla. 1st DCA 1994). Florida Statutes section 120.63 permits exemptions from the APA upon application…not expressly exempted from the APA under section 120.63, subject to an APA exception under section 120.81

Friends of Hatchineha, Inc. v. State, Der

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-14T00:53:00-07:00

Citation: 580 So. 2d 267

Snippet: legislative exemption from APA processes, see Section 120.63, Florida Statutes (1989), it is not one which the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-04-10T23:53:00-08:00

Snippet: by the Administration Commission pursuant to s 120.63(1)(c), F.S., the Armory Board in the operation … by the Administration Commission pursuant to s 120.63(1)(c), F.S., the Armory Board in the operation

Rothermel v. FLA. PAROLE & PROBATION COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-14T00:53:00-07:00

Citation: 441 So. 2d 663

Snippet: Florida Administration Commission pursuant to Section 120.63, Florida Statutes (1981), purporting to exempt

Roberson v. FLA. PAROLE & PROBATION COM'N

Court: Fla. | Date Filed: 1983-09-15T00:53:00-07:00

Citation: 444 So. 2d 917

Snippet: from the Administration Commission under section 120.63, Florida Statutes.[9] This was a temporary exemption… Amendments, 29 U.Miami L.Rev. 617 (1975). [9] 120.63 Exemption from act. (1) Upon application of

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-30T23:53:00-08:00

Citation: 429 So. 2d 1260

Snippet: order of the Administration Commission, Section 120.63, Florida Statutes, and that no order exempting

Daniels v. Florida Parole & Probation Comm'n

Court: Fla. Dist. Ct. App. | Date Filed: 1981-08-19T00:53:00-07:00

Citation: 401 So. 2d 1351

Snippet: Administrative Commission had, pursuant to Section 120.63(1), temporarily exempted the Department of Corrections

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-05-19T00:53:00-07:00

Snippet: those requirements pursuant to the provisions of s. 120.63. However, the Elections Commission need not disclose

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-05-02T00:53:00-07:00

Snippet: benefit of the applicant for the license. However, s. 120.63, F. S., as amended, permits licensing agencies …Commission for an exemption as provided for at s.120.63. However, each exemption granted by the commission

BUREAU OF COMMUNITY MED. FAC., ETC. v. Samson

Court: Fla. Dist. Ct. App. | Date Filed: 1977-02-03T23:53:00-08:00

Citation: 341 So. 2d 1071

Snippet: judicial review. Without deciding that Section 120.63 of the Administrative Procedure Act provides a

Straughn v. O'RIORDAN

Court: Fla. | Date Filed: 1976-10-14T00:53:00-07:00

Citation: 338 So. 2d 832

Snippet: applies for and obtains exemption under Section 120.63, Fla. Stat. (1975). As pertains to this proceeding

Chung-Ling Yu v. Criser

Court: Fla. Dist. Ct. App. | Date Filed: 1976-03-18T23:53:00-08:00

Citation: 330 So. 2d 198

Snippet: and after a public hearing. (F.S. (1974 Supp.) § 120.63) It is thus significant whether the instant proceeding

Burton v. McMillan

Court: Fla. | Date Filed: 1906-06-15T00:00:00-08:00

Citation: 52 Fla. 469

Snippet: relief. The case of Gorringe v. Reed, 23 Utah 120, 63 Pac. Rep. 902, 90 Am. St. Rep. 692, is somewhat