Florida Statutes
Fla. Stat. § 120.66 (2025)
Ex parte communications.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1977–2023 · leading case: In Re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018).
In Re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
Amend. to Fla. Rules of Appellate Proc., 780 So. 2d 834 (Fla. 2000). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). “nized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, 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…”
Amendments to Florida Rules of Appellate Procedure, 827 So. 2d 888 (Fla. 2002). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
Amendments to the Florida Rules of Appellate Procedure, 894 So. 2d 202 (Fla. 2005). “gnized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, 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…”
Henshaw v. Kelly, 440 So. 2d 2 (Fla. 5th DCA 1983). “2d DCA 1983); § 120.66, Fla. Stat. (1981). In this case, the county manager stated in an affidavit filed with the circuit court (the "appellate court") that he had read the ex parte report, but he did not rely upon it in making his decision.”
Citizens of the State v. Wilson, 569 So. 2d 1268 (Fla. 1990). “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.”
GTECH v. State Dept. of Lottery, 737 So. 2d 615 (Fla. 1st DCA 1999). “See § 120.66(1), Fla. Stat. (1997). Lastly, the ALJ's ruling to refuse to permit expert witnesses, whose names appeared on the witness list provided to the Lottery and to AWI, to testify on material matters related to the award of the contract in question was clearly erroneous…”
Remsen v. Univ. of Florida, 429 So. 2d 1228 (Fla. 1st DCA 1983). “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…”
Amend. to Fla. Rule of Appellate Proc. 9.020 (A), 681 So. 2d 1132 (Fla. 1996). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
In Re: Amendments to the Florida Rules of Appellate Procedure (Fla. 2023). “nized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior tobefore its disposition,…”
In Re: Amendments to the Florida Rules of Appellate Procedure (Fla. 2023). “nized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior tobefore its disposition,…”
— 120.66(1) — 10 cases
In Re: Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
Amend. to Fla. Rules of Appellate Proc., 780 So. 2d 834 (Fla. 2000). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). “nized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, 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…”
Amendments to Florida Rules of Appellate Procedure, 827 So. 2d 888 (Fla. 2002). “recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition,…”
Amendments to the Florida Rules of Appellate Procedure, 894 So. 2d 202 (Fla. 2005). “gnized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, 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…”
— 120.66(2)(a) — 1 case
Seminole Tribe of Florida v. Dep't of Env't Prot., 230 So. 3d 544 (Fla. 4th DCA 2017).
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