CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 1 times | Published | Supreme Court of Florida
communications by advisory staff as permitted under section
120.66(1), Florida Statutes, if such communications
CopyCited 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....
CopyPublished | Florida 3rd District Court of Appeal
each petition was untimely filed pursuant t,o section
120.66(2)(a). 1 Following the entry of
CopyPublished | 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....
CopyPublished | Supreme Court of Florida | 1990 Fla. LEXIS 1616, 1990 WL 179073
...The burden is on the party seeking review here to demonstrate that the commission’s determination is arbitrary or unsupported by evidence. Id, at 311. Upon review of this record, we conclude that the Commission’s order was neither arbitrary nor unsupported by the evidence. The OPC also complains that section 120.66, Florida Statutes (1989), was violated because the Commission allowed staff members to make recommendations at the hearing....
CopyPublished | Supreme Court of Florida
...report by the presiding officer; all staff memoranda or data
submitted to the presiding officer during the hearing or prior
tobefore 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.
(B) Proceedings Not Involving Disputed Issues of
Material Fact....
...report by the presiding officer; all staff memoranda or data
submitted to the presiding officer during the hearing or prior
tobefore 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.
(ii) In an appeal from a rule adoption
pursuant tou...
CopyPublished | Supreme Court of Florida
...report by the presiding officer; all staff memoranda or data
submitted to the presiding officer during the hearing or prior
tobefore 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.
(B) Proceedings Not Involving Disputed Issues of
Material Fact....
...report by the presiding officer; all staff memoranda or data
submitted to the presiding officer during the hearing or prior
tobefore 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.
(ii) In an appeal from a rule adoption
pursuant tou...
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690
...eport 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 *228 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....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372
...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....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...5th DCA 1991). 3 See, Jennings at 1343, acknowledging that the granting of zoning variances and special exceptions or permits is a quasijudicial action, citing Walgreen Co. v. Polk County,
524 So.2d 1119 , 1120 (Fla. 2d DCA 1988). 4 Jennings at 1345. 5 Cf., section
120.66 (2), Fla....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14892
...There was no proper Petition for Rehearing of the written order entered by the Commission on April 24. The letter written by McAteer’s attorney to the Commission under date of May 10, seeking a clarification of the Commission’s order is clearly an ex parte communication which is proscribed by F.S. 120.66. F.S. 120.66(1) provides that in any proceeding under the Administrative Procedures Act no ex parte communication shall be made to the agency head or hearing officer after the entry of a recommended order by any party to the proceeding or counsel therefor....
