Florida Statute 120.66 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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120.66 Ex parte communications.—

(1) In any proceeding under ss. 120.569 and 120.57, no ex parte communication relative to the merits, threat, or offer of reward shall be made to the agency head, after the agency head has received a recommended order, or to the presiding officer by:

(a) An agency head or member of the agency or any other public employee or official engaged in prosecution or advocacy in connection with the matter under consideration or a factually related matter.

(b) A party to the proceeding, the party’s authorized representative or counsel, or any person who, directly or indirectly, would have a substantial interest in the proposed agency action.

Nothing in this subsection shall apply to advisory staff members who do not testify on behalf of the agency in the proceeding or to any rulemaking proceedings under s. 120.54.

(2) A presiding officer, including an agency head or designee, who is involved in the decisional process and who receives an ex parte communication in violation of subsection (1) shall place on the record of the pending matter all written communications received, all written responses to such communications, and a memorandum stating the substance of all oral communications received and all oral responses made, and shall also advise all parties that such matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, if such party requests the opportunity for rebuttal within 10 days after notice of such communication. The presiding officer may, if necessary to eliminate the effect of an ex parte communication, withdraw from the proceeding, in which case the entity that appointed the presiding officer shall assign a successor.

(3) Any person who makes an ex parte communication prohibited by subsection (1), and any presiding officer, including an agency head or designee, who fails to place in the record any such communication, is in violation of this act and may be assessed a civil penalty not to exceed $500 or be subjected to other disciplinary action.

History.—s. 1, ch. 74-310; s. 10, ch. 75-191; s. 12, ch. 76-131; s. 1, ch. 77-174; s. 10, ch. 78-425; s. 765, ch. 95-147; s. 33, ch. 96-159; s. 14, ch. 97-176.

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Amendments to 120.66

Annotations, Discussions, Cases:

Cases Citing Statute 120.66

Total Results: 16

Amend. to Fla. Rules of Appellate Proc., 780 So. 2d 834 (Fla. 2000).

Cited 19 times | Published | Supreme Court of Florida | 2000 WL 1508541

...or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition, after notice of submission to all parties, except communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications are public records; all matters placed on the record after an ex parte communication; and the official transcript....

Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

Cited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732

...port by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition, after notice of submission *1145 to all parties, except communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications are public records; all matters placed on the record after an ex parte communication; and the official transcript....

Henshaw v. Kelly, 440 So. 2d 2 (Fla. 5th DCA 1983).

Cited 5 times | Published | Florida 5th District Court of Appeal

...Ex parte contacts defeat both basic principles. This is why ex parte contacts with decision makers are condemned upon proof that they were made, without necessity to show prejudice. Camero v. United States, 375 F.2d 777 (Ct.Cl. 1967); cf. State v. Hohl, 431 So.2d 707 (Fla. 2d DCA 1983); § 120.66, Fla....

Amend. to Fla. Rule of Appellate Proc. 9.020 (A), 681 So. 2d 1132 (Fla. 1996).

Cited 2 times | Published | Supreme Court of Florida | 1996 WL 548949

...or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition, after notice of submission to all parties, except communications by advisory staff as permitted under section 120.66(1), *1134 Florida Statutes, if such communications are public records; all matters placed on the record after an ex parte communication; and the official transcript....

Remsen v. University of Florida, 429 So. 2d 1228 (Fla. 1st DCA 1983).

Cited 2 times | Published | Florida 1st District Court of Appeal | 10 Educ. L. Rep. 1258, 1983 Fla. App. LEXIS 18829

...violated Section 120.59(1)(b), Florida Statutes (1981), when it issued its order 119 days after the AFTC's recommended order; (3) violated Section 120.59(2), Florida Statutes (1981), by failing to rule on several of her objections; and (4) violated Section 120.66, Florida Statutes (1981), when President Marston received "ex parte" communications from the University's Academic Personnel Board before reaching his decision to deny tenure....

...Moreover, Remsen may not now claim the benefits of a Section 120.57 hearing. She waived those rights by electing to proceed before the AFTC. See Rule 6C1-7.41(2), Florida Administrative Code. Consequently, the University is not bound by Sections 120.57(1)(b)9, 120.59(1)(b), 120.59(2), or 120.66....

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT., 256 So. 3d 1218 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications

GTECH v. State Dept. of Lottery, 737 So. 2d 615 (Fla. 1st DCA 1999).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 516154

...etary and, once again, calls forth the legal admonition that lawyers cannot serve two masters. If nothing more, Ms. Warren's activities in the matter suggest the type of partisanship that, in my view, is inconsistent with fairness in appearance. See § 120.66(1), Fla....

Seminole Tribe of Florida v. Department of Environmental Protection, 230 So. 3d 544 (Fla. Dist. Ct. App. 2017).

Published | District Court of Appeal of Florida

each petition was untimely filed pursuant t,o section 120.66(2)(a). 1 Following the entry of

Bayonet Point Reg. Med. Ctr. v. Dhrs, 516 So. 2d 995 (Fla. 1st DCA 1987).

Published | Florida 1st District Court of Appeal | 1987 WL 1896

...ery facilities based on need for CCL services is contrary to HRS rule, which does, in fact, tie these services together. Moreover, the order fails to address the actual need. The other issue raised and considered on appeal is whether HRS violated Section 120.66, Florida Statutes, prohibiting ex parte communications, and violated due process requirements....

...eedings. I consider it highly questionable, however, that the existence of an ex parte communication requires as a remedy the outright reversal of the agency's discretionary decision, in that the remedy appears to have been provided by section *1008 120.66(3): by fine or other disciplinary action as the superiors of the person who made the communication may determine....

Citizens of the State v. Wilson, 569 So. 2d 1268 (Fla. 1990).

Published | Supreme Court of Florida | 1990 Fla. LEXIS 1616, 1990 WL 179073

by the evidence. The OPC also complains that section 120.66, Florida Statutes (1989), was violated because

In Re: Amendments to the Florida Rules of Appellate Procedure (Fla. 2023).

Published | Supreme Court of Florida

communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications

In Re: Amendments to the Florida Rules of Appellate Procedure (Fla. 2023).

Published | Supreme Court of Florida

communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications

Amendments to the Florida Rules of Appellate Procedure, 894 So. 2d 202 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

communications by *228advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications

Amendments to Florida Rules of Appellate Procedure, 827 So. 2d 888 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications

Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

(Fla. 2d DCA 1988). 4 Jennings at 1345. 5 Cf., section 120.66(2), Fla. Stat. (1993). 6 See, Black's Law Dictionary

Department of Highway Safety & Motor Vehicles v. McAteer, 370 So. 2d 55 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14892

parte communication which is proscribed by F.S. 120.66. F.S. 120.66(1) provides that in any proceeding under

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