Florida Statute 120.69 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

View Entire Chapter

F.S. 120.69

120.69 Enforcement of agency action.—

(1) Except as otherwise provided by statute:

(a) Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit court where the subject matter of the enforcement is located.

(b) A petition for enforcement of any agency action may be filed by any substantially interested person who is a resident of the state. However, no such action may be commenced:

1. Prior to 60 days after the petitioner has given notice of the violation of the agency action to the head of the agency concerned, the Attorney General, and any alleged violator of the agency action.

2. If an agency has filed, and is diligently prosecuting, a petition for enforcement.

(c) A petition for enforcement filed by a nongovernmental person shall be in the name of the State of Florida on the relation of the petitioner, and the doctrines of res judicata and collateral estoppel shall apply.

(d) In an action brought under paragraph (b), the agency whose action is sought to be enforced, if not a party, may intervene as a matter of right.

(2) A petition for enforcement may request declaratory relief; temporary or permanent equitable relief; any fine, forfeiture, penalty, or other remedy provided by statute; any combination of the foregoing; or, in the absence of any other specific statutory authority, a fine not to exceed $1,000.

(3) After the court has rendered judgment on a petition for enforcement, no other petition shall be filed or adjudicated against the same agency action, on the basis of the same transaction or occurrence, unless expressly authorized on remand. The doctrines of res judicata and collateral estoppel shall apply, and the court shall make such orders as are necessary to avoid multiplicity of actions.

(4) In all enforcement proceedings:

(a) If enforcement depends on any facts other than those appearing in the record, the court may ascertain such facts under procedures set forth in s. 120.68(7)(a).

(b) If one or more petitions for enforcement and a petition for review involving the same agency action are pending at the same time, the court considering the review petition may order all such actions transferred to and consolidated in one court. Each party shall be under an affirmative duty to notify the court when it becomes aware of multiple proceedings.

(c) Should any party willfully fail to comply with an order of the court, the court shall punish that party in accordance with the law applicable to contempt committed by a person in the trial of any other action.

(5) In any enforcement proceeding the respondent may assert as a defense the invalidity of any relevant statute, the inapplicability of the administrative determination to respondent, compliance by the respondent, the inappropriateness of the remedy sought by the agency, or any combination of the foregoing. In addition, if the petition for enforcement is filed during the time within which the respondent could petition for judicial review of the agency action, the respondent may assert the invalidity of the agency action.

(6) Notwithstanding any other provision of this section, upon receipt of evidence that an alleged violation of an agency’s action presents an imminent and substantial threat to the public health, safety, or welfare, the agency may bring suit for immediate temporary relief in an appropriate circuit court, and the granting of such temporary relief shall not have res judicata or collateral estoppel effect as to further relief sought under a petition for enforcement relating to the same violation.

(7) In any final order on a petition for enforcement the court may award to the prevailing party all or part of the costs of litigation and reasonable attorney’s fees and expert witness fees, whenever the court determines that such an award is appropriate.

History.—s. 1, ch. 74-310; s. 766, ch. 95-147; s. 36, ch. 96-159.

F.S. 120.69 on Google Scholar

F.S. 120.69 on Casetext

Amendments to 120.69

Arrestable Offenses / Crimes under Fla. Stat. 120.69

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.69.

Annotations, Discussions, Cases:

Cases Citing Statute 120.69

Total Results: 20

Dr. Emanuel Kontos, D.M.D., P.A. v. Menz

Court: District Court of Appeal of Florida | Date Filed: 2014-02-14

Citation: 136 So. 3d 714, 2014 Fla. App. LEXIS 2026, 2014 WL 562930

Snippet: “otherwise exists,” under general law, i.e., section 120.69, Florida Statutes (2009). This section, which deals

N.S. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2013-08-26

Citation: 119 So. 3d 558, 2013 WL 4605542, 2013 Fla. App. LEXIS 13931

Snippet: condition precedent for attorney’s fees from section 120.69 proceedings in action by plaintiff against state);

Morgan v. Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2012-09-19

Citation: 98 So. 3d 651, 2012 WL 4093873, 2012 Fla. App. LEXIS 15726

Snippet: the petition for enforcement pursuant to section 120.69, Florida Statutes (2010). In 2005, Adeeb applied

Miami-Dade County ex rel. Walthour v. Malibu Lodging Investments, LLC

Court: District Court of Appeal of Florida | Date Filed: 2011-06-01

Citation: 64 So. 3d 716, 2011 Fla. App. LEXIS 8042, 2011 WL 2135594

Snippet: party seeking agency enforcement under section 120.69[, Florida Statutes]. Lastly, under Innkeepers,

Discovery Experimental and Development, Inc. v. DEPT. OF HEALTH

Court: District Court of Appeal of Florida | Date Filed: 2002-06-14

Citation: 824 So. 2d 195

Snippet: 755 So.2d 787, 790 (Fla. 2d DCA 2000). Section 120.69(7), Florida Statutes (2000), authorizes the award

FLORIDA ASS'N OF HEALTH MAINTENANCE ORG. v. State, Dept. of Ins.

Court: District Court of Appeal of Florida | Date Filed: 2000-10-31

Citation: 771 So. 2d 1222, 2000 WL 1616916

Snippet: Violations of this Order are enforceable under Section 120.69, Florida Statutes. As appellants assert, the IFO

Gortz v. Lytal, Reiter, Clark, Sharpe, Roca, Fountain & Williams

Court: District Court of Appeal of Florida | Date Filed: 2000-10-18

Citation: 769 So. 2d 484, 2000 Fla. App. LEXIS 13504, 2000 WL 1532812

Snippet: 1984) (allowing a third-party claim in section 120.69 administrative proceeding because “the judicial

Gortz v. LYTAL, REITER, CLARK, SHARPE

Court: District Court of Appeal of Florida | Date Filed: 2000-10-18

Citation: 769 So. 2d 484

Snippet: 1984) (allowing a third-party claim in section 120.69 administrative proceeding because "the judicial

City of Homestead v. Johnson

Court: Supreme Court of Florida | Date Filed: 2000-03-16

Citation: 760 So. 2d 80, 25 Fla. L. Weekly Supp. 206, 2000 Fla. LEXIS 544, 2000 WL 283696

Snippet: authority to issue attorney's fees under section 120.69(1)(a), Florida Statutes (1997). This issue is not

Mathis v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1999-02-15

Citation: 726 So. 2d 389, 1999 Fla. App. LEXIS 1406

Snippet: availability of enforcement proceedings under sections 120.69 and 447.5035, Florida Statutes (1997), and Florida

Mathis v. Florida Dept. of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1999-02-15

Citation: 726 So. 2d 389, 1999 WL 69631

Snippet: availability of enforcement proceedings under sections 120.69 and 447.5035, Florida Statutes (1997), and Florida

126th Avenue Landfill, Inc. v. State, Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 1998-01-23

Citation: 712 So. 2d 2, 1998 Fla. App. LEXIS 555, 1998 WL 23258

Snippet: the department sought was inappropriate. See § 120.69, Fla. Stat. (1995). In August 1992, the landfill

Hill v. Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1997-02-25

Citation: 687 So. 2d 1376, 1997 Fla. App. LEXIS 1407, 1997 WL 75520

Snippet: substantial interests within the meaning of section 120.69, Florida Statutes (Supp.1996) and disposed of the

A Community Health, Inc. v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1996-12-04

Citation: 683 So. 2d 643, 1996 Fla. App. LEXIS 12737, 1996 WL 691771

Snippet: of a previous administrative order under section 120.69(l)(b)l, Florida Statutes (1995), the trial court

City of St. Petersburg v. Bowen

Court: District Court of Appeal of Florida | Date Filed: 1996-05-22

Citation: 675 So. 2d 626, 1996 WL 267733

Snippet: enforced pursuant to the procedures contained in s. 120.69. This subsection does not subject a municipality

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-05-02

Snippet: initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any

DEPT. OF HEALTH & REHAB. SERV. v. Cordes

Court: District Court of Appeal of Florida | Date Filed: 1994-11-07

Citation: 644 So. 2d 609, 1994 WL 603163

Snippet: Leonard Cordes brought an action under section 120.69, Florida Statutes (1991), seeking to enforce a

South Lake Worth Inlet Dist. v. Ocean Ridge

Court: District Court of Appeal of Florida | Date Filed: 1994-02-23

Citation: 633 So. 2d 79

Snippet: to compel or enforce agency action under section 120.69(1)(b). On the other hand, however, the court agreed

Stuart v. State ex rel. Miller

Court: District Court of Appeal of Florida | Date Filed: 1993-12-21

Citation: 629 So. 2d 288, 1993 Fla. App. LEXIS 12545, 1993 WL 530856

Snippet: enforcement of agency action, pursuant to Section 120.69, Florida Statutes (1991). Miller sought enforcement

State v. SCM Glidco Organics Corp.

Court: District Court of Appeal of Florida | Date Filed: 1991-12-23

Citation: 592 So. 2d 710, 1991 WL 272775

Snippet: of competent jurisdiction pursuant to Sections 120.69 and 403.121, Fla. Stat. Failure to comply with