|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 120.66120.66 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 120.66
Total Results: 16
780 So. 2d 834, 2000 WL 1508541
Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753
Cited 19 times | Published
communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications
887 So. 2d 1090, 2004 WL 2201732
Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169
Cited 5 times | Published
communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications
440 So. 2d 2
District Court of Appeal of Florida | Filed: Oct 13, 1983 | Docket: 1728371
Cited 5 times | Published
State v. Hohl, 431 So.2d 707 (Fla. 2d DCA 1983); § 120.66, Fla. Stat. (1981). In this case, the county manager
681 So. 2d 1132, 1996 WL 548949
Supreme Court of Florida | Filed: Sep 27, 1996 | Docket: 1384789
Cited 2 times | Published
communications by advisory staff as permitted under section 120.66(1), *1134 Florida Statutes, if such communications
429 So. 2d 1228, 10 Educ. L. Rep. 1258, 1983 Fla. App. LEXIS 18829
District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1667593
Cited 2 times | Published
several of her objections; and
(4) violated Section 120.66, Florida Statutes (1981), when President Marston
256 So. 3d 1218
Supreme Court of Florida | Filed: Oct 25, 2018 | Docket: 8081305
Cited 1 times | Published
communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications
737 So. 2d 615, 1999 WL 516154
District Court of Appeal of Florida | Filed: Jul 22, 1999 | Docket: 1709520
Cited 1 times | Published
inconsistent with fairness in appearance. See § 120.66(1), Fla. Stat. (1997).
Lastly, the ALJ's ruling
Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67020526
Published
communications by advisory staff as permitted under section
120.66(1), Florida Statutes, if such communications
Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67025967
Published
communications by advisory staff as permitted under section
120.66(1), Florida Statutes, if such communications
230 So. 3d 544
District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171784
Published
each petition was untimely filed pursuant t,o section 120.66(2)(a).
1
Following the entry of
894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690
Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172
Published
communications by *228advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications
827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372
Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042
Published
communications by advisory staff as permitted under section 120.66(1), Florida Statutes, if such communications
Florida Attorney General Reports | Filed: Aug 19, 1994 | Docket: 3258829
Published
(Fla. 2d DCA 1988).
4 Jennings at 1345.
5 Cf., section 120.66(2), Fla. Stat. (1993).
6 See, Black's Law Dictionary
569 So. 2d 1268, 1990 Fla. LEXIS 1616, 1990 WL 179073
Supreme Court of Florida | Filed: Nov 15, 1990 | Docket: 64654555
Published
by the evidence.
The OPC also complains that section 120.66, Florida Statutes (1989), was violated because
516 So. 2d 995, 1987 WL 1896
District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 1677867
Published
considered on appeal is whether HRS violated Section 120.66, Florida Statutes, prohibiting ex parte communications
370 So. 2d 55, 1979 Fla. App. LEXIS 14892
District Court of Appeal of Florida | Filed: Apr 17, 1979 | Docket: 64569899
Published
parte communication which is proscribed by F.S. 120.66. F.S. 120.66(1) provides that in any proceeding under
