Florida Statute 120.66 | 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. 120.66

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

Arrestable Offenses / Crimes under Fla. Stat. 120.66

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.66.

Annotations, Discussions, Cases:

Cases Citing Statute 120.66

Total Results: 20

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

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

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1218

Seminole Tribe of Florida v. Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 230 So. 3d 544

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

Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2005-02-03T00:00:00-08:00

Citation: 894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

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

Amend. to Rules of App. Proc., Civ. Proc.

Court: Fla. | Date Filed: 2004-09-30T00:53:00-07:00

Citation: 887 So. 2d 1090

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

Amendments to Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2002-08-29T00:00:00-07:00

Citation: 827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

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

Amend. to Fla. Rules of Appellate Proc.

Court: Fla. | Date Filed: 2000-10-12T00:53:00-07:00

Citation: 780 So. 2d 834

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

GTECH v. State Dept. of Lottery

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-22T00:53:00-07:00

Citation: 737 So. 2d 615

Snippet: inconsistent with fairness in appearance. See § 120.66(1), Fla. Stat. (1997). Lastly, the ALJ's ruling

Amend. to Fla. Rule of Appellate Proc. 9.020 (A)

Court: Fla. | Date Filed: 1996-09-27T00:53:00-07:00

Citation: 681 So. 2d 1132

Snippet: communications by advisory staff as permitted under section 120.66(1), *1134 Florida Statutes, if such communications

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-08-19T00:53:00-07:00

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-01-03T23:53:00-08:00

Snippet: after an ex parte communication pursuant to s. 120.66(2); and 6. The official transcript. See, s. 120.57

Citizens of Florida v. Beard

Court: Fla. | Date Filed: 1992-12-03T00:00:00-08:00

Citation: 613 So. 2d 403, 17 Fla. L. Weekly Supp. 738, 1992 Fla. LEXIS 2009, 1992 WL 353098

Snippet: what is meant by sections 120.57(l)(b)(6)(g) and 120.66, Florida Statutes (1991). However, these statutes

Citizens of the State v. Wilson

Court: Fla. | Date Filed: 1990-11-15T00:00:00-08:00

Citation: 569 So. 2d 1268, 1990 Fla. LEXIS 1616, 1990 WL 179073

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

Bayonet Point Reg. Med. Ctr. v. Dhrs

Court: Fla. Dist. Ct. App. | Date Filed: 1987-11-23T23:53:00-08:00

Citation: 516 So. 2d 995

Snippet: considered on appeal is whether HRS violated Section 120.66, Florida Statutes, prohibiting ex parte communications… appears to have been provided by section *1008 120.66(3): by fine or other disciplinary action as the

Henshaw v. Kelly

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-13T00:53:00-07:00

Citation: 440 So. 2d 2

Snippet: State v. Hohl, 431 So.2d 707 (Fla. 2d DCA 1983); § 120.66, Fla. Stat. (1981). In this case, the county manager

Remsen v. University of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-14T23:53:00-08:00

Citation: 429 So. 2d 1228

Snippet: several of her objections; and (4) violated Section 120.66, Florida Statutes (1981), when President Marston…Sections 120.57(1)(b)9, 120.59(1)(b), 120.59(2), or 120.66. Accordingly, the decision of the President of

Department of Highway Safety & Motor Vehicles v. McAteer

Court: Fla. Dist. Ct. App. | Date Filed: 1979-04-17T00:00:00-08:00

Citation: 370 So. 2d 55, 1979 Fla. App. LEXIS 14892

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-07-07T00:53:00-07:00

Snippet: communications placed on the record pursuant to s. 120.66(2), and generally conduct cross-examination when…Supp.), as well as ss. 120.57(1)(b)6.g. and h. and 120.66(2), F.S. (1974 Supp.). All parts of Ch. 120, F.…communications placed on the record pursuant to s. 120.66(2), and generally conduct cross-examination when

Simmons v. Petrello

Court: Fla. Dist. Ct. App. | Date Filed: 1966-10-25T00:00:00-07:00

Citation: 191 So. 2d 491, 1966 Fla. App. LEXIS 6310

Snippet: PER CURIAM. Affirmed. Nos. 66-120, 66-122 District Court of Appeal of Florida fladistctapp