Florida/Georgia Personal Injury & Workers Compensation

...[6] Meaning the expression of one term implies the exclusion of other terms not mentioned. [7] The PSC's order reserved jurisdiction to consider awarding attorney's fees. The City has requested the Court review the PSC's authority to issue attorney's fees under section 120.69(1)(a), Florida Statutes (1997)....

...cept of a final "order" as defined in section 120.52(9). One is that an order may not be judicially reviewed until it satisfies section 120.52(9). § 366.072, Fla. Stat. (Supp. 1980). The other is that the agency's decision may not be enforced under section 120.69 until it is reduced to written form and filed under section 120.52(9)....

...tment of Corrections (DOC). 4 Appellant, Louie Wainwright, Director of the DOC, refused to reinstate Casines arguing that the CSC's reinstatement order was directed to the FPPC, and not to the DOC. 7 On March 21, 1978, pursuant to Fla.Stat.Ann. Sec. 120.69 (West 1982), Casines commenced an action in a state circuit (trial) court seeking enforcement of the CSC order and backpay....

...110.061 creates a cause of action for damages or that it provides a basis for a section 1983 action. Therefore, we hold that the violation of section 110.061 does not deprive appellants Murchek, Ware, Walden, and Abbey of qualified immunity. 10 II. Post-Termination Claim 36 On March 21, 1978, pursuant to Fla.Stat.Ann. Sec. 120.69 (West 1982), Casines petitioned a state circuit court for enforcement of the CSC reinstatement order....

...11 37 Wainwright asserts that the state action will resolve Casines's post-termination claim and afford Casines complete relief. 12 Therefore, Wainwright argues, the district court should have abstained from entertaining Casines's section 1983 claim for reinstatement. In the alternative, Wainwright argues that section 120.69 provides Casines with an adequate state remedy for redress of the alleged post-termination due process violation; therefore, this issue is controlled by Parratt v....

...First, Casines argues that Wainwright's action cannot be characterized as "random and unauthorized." She argues that, as the director of a state agency, Wainwright's actions in refusing to reinstate her constitute state policy and are more akin to an "established state procedure." Second, Casines contends that section 120.69 does not provide her an adequate post-deprivation remedy because, although it provides for declaratory and injunctive relief, it does not provide for damages. Monetary relief is limited to a mere maximum fine of $1,000. See Fla.Stat.Ann. Sec. 120.69(2)....

...at 805 , 102 S.Ct. at 2731. The plaintiff's section 1983 action in Thiboutot sought damages for violation of 42 U.S.C.A. Sec. 602 (a)(7) (West Supp.1985). Casines's section 1983 action does not seek damages for violation of any federal statutory rights 11 Section 120.69 provides: (1) Except as otherwise provided by statute: .......

...Section 120.68 grants judicial power, on review of agency action, to decide "the rights, privileges, obligations, requirements, or procedures at issue between the parties," and "to provide whatever relief is appropriate," whether "mandatory, prohibitory, or declaratory in form." Section 120.68(13)(a). See also Section 120.69(1)(b)....

...120.574 which is not a rule, and which is not excepted from the definition of a rule." § 120.52(7), Fla. Stat. (Supp.1996). Effecting a denial of retirement benefits, the dismissal affected the petitioner's substantial interests within the meaning of section 120.69, Florida Statutes (Supp.1996) and disposed of the case before the State Retirement Commission....

...Florida Statutes (1979), as there was a complete absence of justiciable issues of law raised by the losing party with regard to those counts of the complaint. Appellant further contends the trial court should have awarded her an attorney's fee under Section 120.69(7), which provides for the prevailing party in a petition for enforcement to recover the costs of the litigation and a reasonable attorney's fee, and under Section 448.08 which provides for successful litigants in actions for unpaid wages to recover costs of the action and a reasonable attorney's fee....

...he circuit court. Section *128 120.565 expressly states that a declaratory statement is final agency action. As final agency action, the statement could then be enforced by either the agency or a substantially interested person in the circuit court. Section 120.69(1), Florida Statutes. Section 120.69(2) provides the following remedies: 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 foregoin...

...If a determination is made by the Division that the claimant was wrongfully discharged, and the employer fails to redress that wrong, the claimant could then petition the circuit court for an order enforcing the deputy's determination and request also the wide variety of remedies provided by Section 120.69(2)....

...Almandinger, 603 So.2d 666 (Fla. 4th DCA 1992) (reversing to allow third-party claim for indemnity based on "or may be" language of Rule 1.180); Century Utils., Inc. v. Palm Beach County, 458 So.2d 1178, 1180 (Fla. 4th DCA 1984) (allowing a third-party claim in section 120.69 administrative proceeding because "the judicial system can only benefit from a combination of the actions, leading toward consistency in determinations and efficiency in the use of court time and resources")....

...provides the exclusive method for the enforcement of a discovery order, even when, as in the instant case, the order is entered after the hearing has begun. The method specified is filing a petition for the enforcement in circuit court, pursuant to § 120.69, Fla....

...forcement of a ruling on an evidentiary matter. If a party fails or refuses to comply with an order of the hearing officer or a lawfully issued process, the Department can immediately make application to the circuit court for enforcement pursuant to § 120.69(4), Fla....

...However, the law does not prohibit the completion of as much of the hearing as possible prior to such application in the circuit court, if this would be more convenient or expeditious. At that time, the Department may promptly apply to the circuit court for enforcement pursuant to § 120.69(4)....

...Gardner, the State Attorney for the Twelfth Judicial Circuit, seeks review of an order dismissing his independently initiated [1] complaint for damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition for enforcement of agency action filed pursuant to section 120.69(1)(a), Florida Statutes (1981) (complaint/petition)....

...t authority to commence, in his appropriate judicial circuit and on behalf of the state, a civil action for damages and penalties under section 403.141(1) and/or institute an administrative action to enforce DER's related rules and regulations under section 120.69(1)(a)....

...t in Sarasota County. Appellant alleged: (1) section 27.02, Florida Statutes (1981), [3] when read in conjunction with article V, section 17, Florida Constitution (1968), [4] gave him authority to file the civil action for damages and penalties, and section 120.69(1)(a) gave him authority to file the alternative petition for enforcement because a state attorney is "an agency" under section 120.52(1)(b); (2) GDC, a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapter 40...

...The letter actually requested that DER treat the suit as one brought pursuant to section 403.412, Florida Statutes (1981). [7] However, during the hearing on GDC's motions, appellant admitted that he was not proceeding under either section 403.412 with respect to the complaint for civil damages and penalties or section 120.69(1)(b), Florida Statutes (1981), [8] with respect to the administrative action....

...In that order, the court specifically ruled: (1) section 27.02 is merely enabling legislation for article V, section 17 of the Florida Constitution and simply "authorizes a state attorney to bring criminal and civil actions, but does not give special authority to bring an action [pursuant to section 403.141(1)]," and (2) section 120.69(1)(a) does not authorize a state attorney to bring a petition for enforcement of agency action because a state attorney is not included within the narrow definition of "agency" as set forth in section 120.52(1)(b)....

...dicial circuit and on behalf of the state a civil action for damages and penalties pursuant to section 403.141(1) for alleged violations of section 403.161(1) occurring in his circuit, and (2) whether a state attorney has independent authority under section 120.69(1)(a) to similarly institute a petition for enforcement to ensure compliance of certain rules and regulations promulgated by DER with respect to Chapter 403 which allegedly are not being enforced by the department itself....

...ng a section 403.141(1) civil action, we resist the invitation to legislate and thus will not grant that authority. [20] The trial court was correct in ultimately ruling appellant lacked standing to institute the complaint for damages and penalties. SECTION 120.69(1)(a) PETITION FOR ENFORCEMENT OF AGENCY ACTION As noted previously, appellant also contends he has standing to independently initiate on behalf of the state a section 120.69(1)(a) action to enforce rules and regulations adopted and promulgated by DER in accordance with the provisions of Part I, Chapter 403....

...In order to reach his conclusion, he first argues that he is an "agency" within the "[e]ach other state officer" language of section 120.52(1)(b). He then argues that as an agency he can enforce DER's rules and regulations in accordance with the "[a]ny agency" language of section 120.69(1)(a)....

...Although this rationale seems meritorious on its face at first blush, the interpretation proffered by appellant is inapposite to the rules of statutory construction, common sense, and the legislative intent behind the law. The Relevant Statutory Provisions With respect to enforcement of agency action, section 120.69(1)(a), excluding the "except as otherwise provided" clause (which is not applicable here), states: "Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit court wh...

...e a state attorney, whose jurisdiction is limited to a localized judicial circuit. [27] Even assuming that appellant had been able to show that he is an "agency" within the meaning of section 120.52(1)(b), he still would not have any authority under section 120.69(1)(a) to institute a petition for enforcement of DER's rules and regulations. Under section 120.69(1)(a), only DER, the agency specifically designated by the legislature responsible for adopting and enforcing the rules and regulations allegedly violated in this case, has standing to file an action under that section....

...[28] See also England and Levinson, § 1602, p. 2 (1979 ed.) ("any agency may seek enforcement of its action by filing a petition in the circuit court where the subject matter of the enforcement is located.") (Emphasis supplied). Therefore, we hold only DER can sue under section 120.69(1)(a)....

...[29] CONCLUSION Accordingly, we agree with the trial court's ultimate rulings and hold that a state attorney has no standing to independently initiate a section 403.141(1) civil action for damages and penalties against an alleged violator of Chapter 403, and a state attorney has no standing under section 120.69(1)(a) to file a petition for enforcement of the rules and regulations promulgated by DER in relation to Chapter 403....

...of "primary jurisdiction." Compare United States v. Western Pacific Railroad Co., 352 U.S. 59, 77 S.Ct. 161, 1 L.Ed.2d 126 (1956) with Far East Conference v. United States, 342 U.S. 570, 72 S.Ct. 492, 96 L.Ed. 576 (1952); State ex rel. Shevin. [21] Section 120.69(2) provides: 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....

...relevance of the Law Revision Council's draft statutes and accompanying commentary" as extrinsic aids to interpreting the 1974 revision of the APA. In re Advisory Opinion at 562. [29] We express no opinion as to whether appellant has standing under section 120.69(1)(b).

...Watry, of Parker, Hudson, Ranier & Dobbs, Atlanta, Ga., for appellee/Medical Personnel Pool, Inc. *705 NIMMONS, Judge. This is an appeal from a final order of the circuit court dismissing with prejudice Gulf Coast's Amended Petition to Enforce Final Order pursuant to Section 120.69, Florida Statutes, and Amended Complaint for Declaratory Judgment and Injunctive Relief....

...he filing of a Petition to Determine Invalidity of Unpromulgated Rule under Section 120.56, Florida Statutes (1985). On the same day, Gulf Coast joined in the initiation of the necessary predicate to a petition for enforcement of agency action under Section 120.69, Florida Statutes (1985), by notifying the Attorney General, the Secretary of HRS, and the Director of DOAH that HRS was continuing to apply the invalid rule. On July 17, 1986, pursuant to Section 120.69, Gulf Coast filed a petition to enforce final order in the circuit court....

...The complaint sought a declaration that HRS lacked statutory authority to deregulate Medicare home health services and requested the court to enjoin HRS from giving effect to its invalid deregulation policy through the issuance of unnecessary and unwarranted certificates of need. The circuit court consolidated the Section 120.69 enforcement action and the declaratory judgment/injunction action....

...Gulf Coast's pleadings were amended to reflect that Gulf Coast did not seek to interfere with CONs which had already become final. On August 12, 1986, the trial court entered the appealed order dismissing with prejudice both the amended petition under Section 120.69 and the amended complaint for declaratory and injunctive relief....

...See Communities Financial Corp. v. Florida Department of Environmental Regulation, 416 So.2d 813 (Fla. 1st DCA 1982). It is apparent that appellants have not exhausted their administrative remedies. Accordingly, the circuit court's order dismissing appellant's Section 120.69 enforcement action and the declaratory judgment/injunctive action is AFFIRMED....

...BO-231, BP-17, and BP-39. Sandra P. Stockwell of Culpepper, Pelham, Turner & Mannheimer, P.A., Tallahassee, for HRS in No. BO-456. ON MOTIONS FOR JUDICIAL NOTICE PER CURIAM. Gulf Coast Home Health Services, Inc., filed a petition in circuit court pursuant to section 120.69, Florida Statutes, to enforce agency action and a complaint for declaratory and injunctive relief....

...Eventually, the court also permitted several nearby residents to join the litigation as intervenors on one side or the other. In the final judgment we review today, the court denied the petition by Ocean Ridge and the others, as interested persons, to compel or enforce agency action under section 120.69(1)(b)....

...In 1983, however, County subcontracted day-to-day operation of the plant back to the District. The return of operations to the District was subject to a proviso that County retained ultimate responsibility for compliance with the 1965 permit conditions. [6] See § 120.69(1)(b), Fla....

...And, as the hearing officer recognized in expressly disclaiming any determination as to appellants' riparian or private property rights, any such determination would not have been essential to the agency's ultimate resolution of the administrative action. *1136 On the second issue, § 120.69(5), Florida Statutes, provides that the defending party in a circuit court proceeding for the enforcement of agency action may assert certain specified defenses including "compliance." In the present case judgment as to the enforcement acti...

...In denying appellants' claim for enforcement the court expressed the opinion that DER's satisfaction is "conclusive" as to appellee's compliance with the administrative mandate. While "any substantially interested person" may bring an enforcement action pursuant to § 120.69, appellants' action is necessarily dependent upon a challenge to DER's determination that appellee complied with and satisfied the requirements of the restoration order....

...free-form final agency action. To the extent that appellants are dissatisfied with this agency decision, the proper procedure for a challenge thereto would appear to be a § 120.57 hearing request. Appellants have not pursued such relief and, since § 120.69 is available only for the enforcement of, rather than a challenge to, agency action, in the circumstances presented the court below was entitled to deem DER's satisfaction conclusive so as to establish appellee's compliance with the restoration order. Appellants claimed attorney's fees and costs pursuant to § 120.69, Florida Statutes. Section 120.69(7) provides that the court may award costs and fees, if appropriate, to the prevailing party upon a petition for enforcement of agency action. Appellants did not prevail on their enforcement claim, and we note that § 120.69(7) merely authorizes, and does not mandate, an award of costs and fees....

...While we believe Great American and the reasoning behind that decision is highly persuasive, we do not conclude that that decision is directly on point and, therefore, controlling. Tampa General construes Great American as holding that section 120.58(3) requires the resort to section 120.69 to enforce all orders of a hearing officer where there is an attempt to impose sanctions for violations of those orders. We do not construe Great American so broadly. We conclude that the resort to section 120.69 for enforcement of orders arising under section 120.58(3), as discussed in Great American, is limited to subpoenas or orders directing discovery. While section 120.69 also provides for enforcement of "agency action," the only resort to section 120.69 discussed in chapter 120 that involves imposing sanctions for violations of orders of hearing officers prior to "agency action," is that provided in section 120.58(3) and is limited, as we have heretofore concluded, to matters involving subpoenas or orders directing discovery....

...They also assign error to the 2.0 risk multiplier used to enhance the fee award. Appellate courts apply an abuse of discretion standard in reviewing a trial court's determination on the entitlement of attorney's fees. Gibbs Const. Co. v. S.L. Page Corp., 755 So.2d 787, 790 (Fla. 2d DCA 2000). Section 120.69(7), Florida Statutes (2000), authorizes the award of costs, reasonable attorney's fees, and expert witness fees to the prevailing party in enforcement actions "whenever the court determines that such an award is appropriate." *197 DOH prevailed in each of its claims following a nonjury trial in the underlying action. [1] Section 120.69(7) only requires that the moving party prevail and that the trial court determine that a fee award is "appropriate." § 120.69(7)....

...The final judgment on DOH's petition satisfies these requirements by granting the agency its requested relief, and by simply stating, "The [D]epartment is entitled to recover reasonable attorney's fees and costs against each of the defendants, pursuant to section 120.69(7) ...." This is sufficient to support the trial court's determination as to DOH's entitlement to fees, and we find no abuse of discretion....

...1st DCA 1981), we held that the Hearing Officer had no authority to impose sanctions, and that, under 120.58(3), Florida *1064 Statutes, [1] the exclusive method of enforcing a discovery order was to file a petition for enforcement in the circuit court, pursuant to section 120.69....

...he manner provided in the Florida Rules of Civil Procedure. Section 120.58(3) provided: An agency may seek enforcement of a subpoena or order directing discovery issued upon the authority of this act by filing a petition for enforcement, pursuant to s. 120.69, in the circuit court of the judicial circuit wherein the person failing to comply with the subpoena or order resides....

...subsequent to July 30, 2001, comply with all applicable provisions of Section 627.6699, Florida Statutes, as it may be amended, regarding offering and issuing basic and standard employer health benefit plans on a guaranteed-issue basis to eligible one-life groups. Violations of this Order are enforceable under Section 120.69, Florida Statutes....

...Almandinger, 603 So.2d 666 (Fla. 4th DCA 1992) (reversing to allow third-party claim for indemnity based on “or may be” language of Rule 1.180); Century Utils., Inc. v. Palm Beach County, 458 So.2d 1178, 1180 (Fla. 4th DCA 1984) (allowing a third-party claim in section 120.69 administrative proceeding because “the judicial system can only benefit from a combination of the actions, leading toward consistency in determinations and efficiency in the use of court time and resources”)....

...District Court of Appeal of Florida, First District. November 7, 1994. Karel Baarslag, Agency for Health Care Admin., Tallahassee, for appellant. R. Bruce McKibben, Jr., of Pennington & Haben, P.A., Tallahassee, for appellee. PER CURIAM. Leonard Cordes brought an action under section 120.69, Florida Statutes (1991), seeking to enforce a written settlement agreement he had with the Department of Health and Rehabilitative Services (the department)....

...es. With the exception of the attorney's fee award, we reject the department's contentions without elaboration. Cordes included a claim for attorney's fees in his petition for enforcement of agency action. Although attorney's fees are recoverable in section 120.69 proceedings, a notice requirement is imposed upon those seeking recovery of attorney's fees from the *610 state or an agency....

...epartment of Corrections (DOC). 4 Appellant, Louie Wainwright, Director of the DOC, refused to reinstate Casines arguing that the CSC’s reinstatement order was directed to the FPPC, and not to the DOC. On March 21, 1978, pursuant to Fla.Stat. Ann. § 120.69 (West 1982), Casines commenced an action in a state circuit (trial) court seeking enforcement of the CSC order and backpay....

...§ 110.061 creates a cause of action for damages or that it provides a basis for a section 1983 action. Therefore, we hold that the violation of section 110.-061 does not deprive appellants Murchek, Ware, Walden, and Abbey of qualified immunity. 10 II. Post-Termination Claim On March 21, 1978, pursuant to Fla.Stat. Ann. § 120.69 (West 1982), Casines petitioned a state circuit court for enforcement of the CSC reinstatement order....

...11 *1502 Wainwright asserts that the state action will resolve Casines’s post-termination claim and afford Casines complete relief. 12 Therefore, Wainwright argues, the district court should have abstained from entertaining Casines’s section 1983 claim for reinstatement. In the alternative, Wainwright argues that section 120.69 provides Casines with an adequate state remedy for redress of the alleged post-termination due process violation; therefore, this issue is controlled by Parratt v....

...First, Casines argues that Wainwright’s action cannot be characterized as “random and unauthorized.” She argues that, as the director of a state agency, Wainwright’s actions in refusing to reinstate her constitute state policy and are more akin to an “established state procedure.” Second, Casines contends that section 120.69 does not provide her an adequate post-deprivation remedy because, although it provides for declaratory and in-junctive relief, it does not provide for damages. Monetary relief is limited to a mere maximum fine of $1,000. See Fla.Stat. Ann. § 120.69(2)....

...at 805 , 102 S.Ct. at 2731. The plaintiff’s section 1983 action in Thiboutot sought damages for violation of 42 U.S.C.A. § 602 (a)(7) (West Supp.1985). Casines’s section 1983 action does not seek damages for violation of any federal statutory rights. . Section 120.69 provides: (1) Except as otherwise provided by statute: (b) A petition for enforcement of any agency action may be filed by any substantially interested person who is a resident of the state____ (c) A petition for enforcement filed by a...

...rights to equal protection of the law." The court accordingly ordered HRS to provide appellees with back contact pay, and to continue such pay "in a manner consistent with all other Institutional Security Specialists covered by the initial administrative order... ." Section 120.69(1)(b), Florida Statutes, establishes that a petition for enforcement of agency action may be filed by a "substantially interested" person....

...We therefore conclude that the court below erred in determining that appellees "were members of the class in the initial administrative proceeding," and since the stipulated order is without applicability to appellees they are not substantially interested persons authorized to bring a § 120.69 enforcement action....

...Here, we have determined that the “grant” of jurisdiction set forth in section 70-78(b) of the Pinellas County Code does not violate the constitution because jurisdiction was already granted to the circuit court, and hence “otherwise exists,” under general law, i.e., section 120.69, Florida Statutes (2009)....

...This section, which deals with the enforcement of agency action, permits either the agency or a “substantially interested person” to file a “petition for enforcement” in the circuit court where the subject matter of the enforcement is located. Id. While we recognize that Menz did not reference section 120.69 in her petition, we view this error as a pleading deficiency that did not divest the circuit court of jurisdiction to entertain the petition....

...We affirm because Florida law does not afford citizens the right to intervene in agency enforcement proceedings, and because the trial court correctly determined that the Department of Environmental Protection diligently prosecuted the petition for enforcement pursuant to section 120.69, Florida Statutes (2010)....

...standing to citizens in agency enforcement proceedings. Thereafter, as an alternative course of action, Morgan filed an amended complaint with the trial court. In count III, Morgan petitioned for enforcement of the agency action brought pursuant to section 120.69, Florida Statutes (2010)....

...state to intervene in permit and license proceedings only. Because Adeeb’s proceeding is an enforcement action, Morgan has no right to intervention. We next address the trial court’s dismissal of Morgan’s enforcement action brought pursuant to section 120.69, Florida Statutes (2010)....

...A trial court may look to facts gathered outside the pleadings, including affidavits, to determine subject matter jurisdiction. See Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357 (Fla. 2d DCA 2005). Adeeb argued that the department had properly commenced and prosecuted an enforcement action against him pursuant *654 to section 120.69(l)(b)(2), Florida Statutes (2010)....

...We believe this indisputably demonstrates that the action has continually been prosecuted over that time, even if the action has consisted of joint requests to suspend further action. Florida courts have yet to define the term “diligently prosecuting” contained in section 120.69(l)(b)(2), Florida Statutes (2010)....

...verage business. Although the pertinent agreement dictated at the hearing before the hearing officer was stated to be in the nature of a final administrative action, and failure to abide by said agreement would subject appellant to the provisions of section 120.69, Florida Statutes (1981), the Division prepared a proposed written agreement for appellant’s execution....

NIMMONS, Judge. Greene appeals from a final order dismissing his action to enforce, pursuant to Section 120.69, Florida Statutes, an order entered by the Duval County Civil Service Board....

...ve appellee held in contempt for failure to reinstate appellant. 2 An order was entered denying the motion for contempt. Subsequently, appellant filed a new action in circuit court seeking enforcement of the Board’s reinstatement order pursuant to Section 120.69. The final order of dismissal of that action is the subject of the instant appeal. The Administrative Procedure Act provides, via Section 120.69, a statutory remedy available to a substantially interested person for “enforcement of any agency action.” (e.s.) Critical to the instant case is whether the trial court correctly ruled that the Civil Service Board was not an “ag...

...1st DCA 1978); Siddeeq v. Tallahassee Memorial Hospital, 364 So.2d 99 (Fla. 1st DCA 1978). Appellant has suggested that this court’s opinion in Board of Public Instruction of Duval County v. Sack, 212 So.2d 819 (Fla. 1st DCA 1968) is supportive of his position that Section 120.69 is available as a remedy to enforce the orders of the Civil Service Board....

...icial orders of the Duval County Civil Service Board. 3 It did not hold that the Civil Service Board was an agency under the provisions of Chapter 120. In fact, it indicated just the opposite. 4 The lower court was clearly correct in ruling that the Section 120.69 enforcement mechanism was unavailable to the appellant and that appellant’s action predicated thereon had to be dismissed....

PER CURIAM. In a petition brought pursuant to Section 120.69, Florida Statutes (Supp.1984), to enforce a final agency order which, inter alia, suspended Dr....

action pursuant to a petition properly filed under § 120.69, Florida Statutes (1987), it is quite clear that

HERSEY, Judge. This appeal raises the narrow issue of whether it is procedurally appropriate for a respondent in an enforcement proceeding brought pursuant to Section 120.69, Florida Statutes (1983) to file a Third Party Complaint....

...completion of proposed Pumping Station # 240....” The regional treatment facility is under the jurisdiction of Palm Beach County. On February 25, 1983, the Department filed a petition for enforcement, seeking damages and other relief, pursuant to Section 120.69, Florida Statutes....

...f the County. The lower court’s order dismissing the third party complaint without leave to amend is the subject of this appeal. The order states: “A Third Party claim does not appear to be contemplated or permitted in a proceeding pursuant to P.S. 120.69.” Whether this conclusion of the trial court is accurate depends upon the extent to which the Florida Rules of Civil Procedure apply in special statutory proceedings brought under the Administrative Procedure Act and particularly Section 120.69....

...These rules shall be construed to secure the just, speedy and inexpensive determination of every action. These rules shall be known as the Florida Rules of Civil Procedure. Thus, the rules apply to “all special statutory proceedings” (such as an enforcement proceeding under Section 120.69) except that in such special proceedings the “form, content, procedure and time for pleading” are governed by the statute rather than the rules unless the rules expressly provide to the contrary. We find nothing in the rules “specifically providing] to the contrary” with reference to Section 120.69 proceedings or with reference to third party practice....

...rty practice, is applicable to the instant case, in light of its stated policy “[to secure] the just, speedy, and inexpensive determination of every action.” A final point of contention between the parties relates to the language of the statute, Section 120.69(5), which provides: (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, t...

...at hand. As far as we have been able to determine, this issue is one of first impression in Florida. No cases on point have been referred to by the parties and our independent research has disclosed none. It seems reasonably clear that the statute (Section 120.69) does not itself specifically exclude the possibility of a third party complaint....

...f options available to ameliorate any harmful effects, such as severing the issues for separate trials. The third party, being cast in the role of defendant, has no realistically assessable disadvantage whether his liability is determined within the Section 120.69 proceeding or later in an independent action....

...Finally, the judicial system can only benefit from a combination of the actions, leading toward consistency in determinations and efficiency in the use of court time and resources. While this case may represent the first time a third party complaint has been permitted in an agency’s action for enforcement under Section 120.69, it will not be the first time that enforcement has been sought in litigation involving other issues....

...that such statute does not cover jurisdiction to consider disputes over retirement date determinations and that such dispute “would be resolvable in a circuit court proceeding seeking the enforcement of [the Commission’s final order] pursuant to Section 120.69, Florida Statutes.” We disagree. There is no justification for such a narrow construction of the Commission’s jurisdiction, and a Section 120.69 enforcement proceeding in circuit court is a patently inappropriate means of resolving a dispute over the correctness of the retirement date established by the Division....

...h applicable conditions in post-certification review, either direct or collateral. Florida law provides numerous opportunities for affected persons to obtain review of agency determinations. See, e.g., § 120.68, Fla. Stat. (1987) (judicial review); § 120.69, Fla....

...Gardner, the State Attorney for the Twelfth Judicial Circuit, seeks review of an order dismissing his independently initiated 1 complaint for damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition for enforcement of agency action filed pursuant to section 120.69(l)(a), Florida Statutes (1981) (complaint/petition)....

...uthority to commence, in his appropriate judicial circuit and on behalf of the state, a civil action for damages and penalties under section 403.-141(1) and/or institute an administrative action to enforce DER’s related rules and regulations under section 120.69(l)(a)....

...cuit in Sarasota County. Appellant alleged: (1) section 27.-02, Florida Statutes (1981), 3 when read in conjunction with article V, section 17, Florida Constitution (1968), 4 gave him authority to file the civil action for damages and penalties, and section 120.69(l)(a) gave him authority to file the alternative petition for enforcement because a state attorney is “an agency” under section 120.52(l)(b); (2) GDC, a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapte...

...The letter actually requested that DER treat the suit as one brought pursuant to section 403.412, Florida Statutes (1981). 7 However, during the hearing on GDC’s motions, appellant admitted that he was not proceeding under either section 403.412 with respect to the complaint for civil damages and penalties or section 120.69(l)(b), Florida Statutes (1981), 8 with respect to the administrative action....

...In that order, the court specifically ruled: (1) section 27.02 is merely enabling legislation for article V, section 17 of the Florida Constitution and simply “authorizes a state attorney to bring criminal and civil actions, but does not give special authority to bring an action [pursuant to section 403.141(1)],” and (2) section 120.69(l)(a) does not authorize a state attorney to bring a petition for enforcement of agency action because a state attorney is not included within the narrow definition of “agency” as set forth in section 120.52(l)(b)....

...dicial circuit and on behalf of the state a civil action for damages and penalties pursuant to section 403.141(1) for alleged violations of section 403.161(1) occurring in his circuit, and (2) whether a state attorney has independent authority under section 120.69(l)(a) to similarly institute a petition for enforcement to ensure compliance of certain rules and regulations promulgated by DER with respect to Chapter 403 which allegedly are not being enforced by the department itself....

...ring a section 403.141(1) civil action, we resist the invitation to legislate and thus will not grant that authority. 20 The trial court was correct in ultimately ruling appellant lacked standing to institute the complaint for damages and penalties. SECTION 120.69(l)(a) PETITION FOR ENFORCEMENT OF AGENCY ACTION . As noted previously, appellant also contends he has standing to independently initiate on behalf of the state a section 120.69(l)(a) action to enforce rules and regulations adopted and promulgated by DER in accordance with the provisions of Part I, Chapter 403....

...In order to reach his conclusion, he first argues that he is an “agency” within the “[e]ach other state officer” language of section 120.52(l)(b). He then argues that as an agency he can enforce DER’s rules and regulations in accordance with the “[a]ny agency” language of section 120.69(l)(a)....

...Although this rationale seems meritorious on its face at first blush, the interpretation proffered by appellant is in-apposite to the rules of statutory construction, common sense, and the legislative intent behind the law. The Relevant Statutory Provisions With respect to enforcement of agency action, section 120.69(l)(a), excluding the “except as otherwise provided” clause (which is not applicable here), states: “Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit co...

...a state attorney, whose jurisdiction is limited to a localized judicial circuit. 27 Even assuming that appellant had been able to show that he is an “agency” within the meaning of section 120.52(l)(b), he still would not have any authority under section 120.69(l)(a) to institute a petition for enforcement of DER’s rules and regulations. Under section 120.69(l)(a), only DER, the agency specifically designated by the legislature responsible for adopting and enforcing the rules and regulations allegedly violated in this case, has standing to file an action under that section....

...28 See also England and Levinson, § 1602, p. 2 (1979 ed.) (“any agency may seek enforcement of its action by filing a petition in the circuit court where the subject matter of the enforcement is located.”) (Emphasis supplied). Therefore, we hold only DER can sue under section 120.69(l)(a)....

...29 CONCLUSION Accordingly, we agree with the trial court’s ultimate rulings and hold that a state attorney has no standing to independently initiate a section 403.141(1) civil action for damages and penalties against an alleged violator of Chapter 403, and a state attorney has no standing under section 120.69(l)(a) to file a petition for enforcement of the rules and regulations promulgated by DER in relation to Chapter 403....

..."primary jurisdiction." Compare United. States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956) with Far East Conference v. United States, 342 U.S. 570 , 72 S.Ct. 492 , 96 L.Ed. 576 (1952); State ex rel. Shevin . . Section 120.69(2) provides: 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....

...al relevance of the Law Revision Council's draft statutes and accompanying commentary” as extrinsic aids to interpreting the 1974 revision of the APA. In re Advisory Opinion at 562. .We express no opinion as to whether appellant has standing under section 120.69(l)(b).

...The agency’s finding that res judicata establishes that the canal “was a source of pollution and should not be connected to Santa Rosa Sound” is proper only insofar as this language is construed so as not to preclude a contrary determination at the present time based on changed circumstances. Section 120.69(3) provides that: After the Court has rendered judgment on a petition for enforcement, no other petition shall be filed or adjudicated ......

...n the basis of the same transaction or occurrence.” Accordingly, to the extent that appellant is seeking a permit for different construction activities upon changed circumstances appellant is not precluded from proceeding on a new application. And § 120.69(3) neither expressly, nor by implication, prohibits an administrative order, in a permissible proceeding, from conditioning relief upon the vacation of the prior circuit court order....

...Although defendant Whitfield asserts that his water system is exempt from Department supervision, that claim is not elaborated; nor does Whitfield suggest why the Department’s unappealed order to the contrary is subject to collateral attack in the circuit court. See Section 120.69(5), Florida Statutes (1979); State ex rel Department of General Services v....

...ursuant to section 479.105(1)[, Florida Statutes]. 3 Moreover, it is also likely the case that this [c]ourt does not have jurisdiction in the first instance because it appears that the County is not a qualified party seeking agency enforcement under section 120.69[, Florida Statutes]....

...the Code. Likewise, because the County is merely seeking enforcement of its own Ordinances, and is not seeking “Enforcement of [an] agency action,” there is no mandate that it comply with the “substantially interested person” requirements of section 120.69....

...operated, or maintained without the permit required by s. 479.07(1) having been issued by the department, is declared to be a public nuisance and a private nuisance and shall be removed as provided in this section. § 479.105(1), Fla. Sta. (2008). . Section 120.69 provides: Enforcement of agency action.— [[Image here]] (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. § 120.69(b)(1), Fla....

...a 250-foot connector road in accordance with the driveway permit and the DOT drawing. The injunction was conditioned on appel-lees’ participation and certain costs of the joint-use drive. We find that the circuit court had jurisdiction pursuant to section 120.69, Florida Statutes (1981). That section provides for enforcement of agency action by the circuit court. Although the complaint in this case was not filed under section 120.69, Florida Statutes, and it does not strictly comply with the requirements of section 120.69, the allegations are sufficient to allow us to treat it as an action under section 120.69....

...ave authority to order appellant to participate with appellees in the construction of the 250-foot connector road. The permit, as issued, did not require a 250-foot connector road. The circuit court is only authorized to enforce the DOT permit under section 120.69. The authority to regulate connectors to state roads has been delegated to DOT pursuant to section 335.-18, Florida Statutes (1981). Therefore, we reverse and remand to the circuit court to enforce the DOT permit pursuant to section 120.69, so both parcels will have access to the light-controlled intersection. Upon remand, DOT may intervene as a matter of right pursuant to section 120.69(l)(d), or be joined as an indispensable party based on its duties under section 335.18....

...rights to equal protection of the law.” The court accordingly ordered HRS to provide appellees with back contact pay, and to continue such pay “in a manner consistent with all other Institutional Security Specialists covered by the initial administrative order .... ” Section 120.69(l)(b), Florida Statutes, establishes that a petition for enforcement of agency action may be filed by a “substantially interested” person....

...We therefore conclude that the court below erred in determining that appellees “were members of the class in the initial administrative proceeding,” and since the stipulated order is without applicability to appel-lees they are not substantially interested persons authorized to bring a § 120.69 enforcement action....

subject matter of the enforcement is located.” Section 120.69(1), Florida Statutes (1977). The Department’s

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

...On review of that order pursuant to section 120.68, this court affirmed without opinion on March 10, 1988. Browning v. State, Dept. of Business Regulation, 522 So.2d 387 (Fla. 1st DCA 1988). The agency order thus became final and binding on both Browning and the Division. On January 14, 1987, pursuant to section 120.69, the Division filed a pleading entitled *190 “Petition to Enforce Agency Action” against Browning, individually and as general partner, in the circuit court....

...per to refund the purchase price, whether that procedure be an equitable court action directly against the developer to enforce a contractual right of rescission, or an action to enforce a judgment entered by the court pursuant to a proceeding under section 120.69, Florida Statutes, to enforce an administrative order requiring the developer to offer rescission. In view of the present posture of the case, we need not determine whether the Division can or cannot resort to a section 120.69 proceeding to compel Browning to rescind the purchase transactions and refund the purchase price to all purchasers who accepted his offer of rescission....

...Nor could the judgment validly have so provided, as such a provision would accord to the Division powers beyond that authorized by the statutes. In reaching this conclusion, we do not intend to improperly limit an agency’s right to seek enforcement of its orders pursuant to section 120.69....

...ive order of August 26, 1986, made the conditions and penalties therein imposed binding on both parties, nevertheless the appropriateness of those penalties could be reviewed by the circuit court in subsequent proceedings to enforce that order under section 120.69....

...r degree of the penalties ordered by the administrative agency except to the extent that the penalties exceed organic statutory authorization. Florida Real Estate Comm’n v. Webb, 367 So.2d 201 (Fla.1979). 3 In an enforcement proceeding pursuant to section 120.69, however, the circuit court is expressly authorized to adjudicate whether the penalty sought to be enforced is appropriate under the circumstances. § 120.69(5), Fla.Stat....

...to establish a trust fund or escrow account to assure payment of refunds to purchasers electing to rescind as authorized by section 498.05l(3)(b). Such a provision would be susceptible to enforcement in court subject to the limitations set forth in section 120.69(2)....

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

appellee in the Leon County Circuit Court. Citing Section 120.69(l)(a), Florida Statutes, which provides that

...In July of 1992, the DOAH granted the Department’s motion, and reopened the case, which is currently still pending before the DOAH. Despite the pendency of the administrative action, Miller filed this separate proceeding in the Circuit Court, by way of a petition for enforcement of agency action, pursuant to Section 120.69, Florida Statutes (1991)....

...The Circuit Court granted Miller a summary judgment, finding that Miller was entitled to have the Department dismiss the administrative action against him. The Department now appeals. The Department contends that reversal is required because there was never “agency action” which could be enforced under Section 120.69 in Circuit Court....

...y action” that was enforceable in Circuit Court. We must now decide whether the Department’s failure to dismiss the administrative action, after receiving jurisdiction back from the DOAH, amounts to “agency action.” We find that it does not. Section 120.69 creates a method for enforcement of agency actions, and states that “[a] petition for enforcement of any agency action may be filed by any substantially interested person.” § 120.69(l)(b), Fla.Stat....

...The definition of “order” also includes an explanation that “[a]n agency decision shall be final when reduced to writing and filed with the person designated by the agency as clerk.” In this case, there was no “agency action” which Miller could enforce by way of a Section 120.69 petition....

...n” constitutes final agency action), approved on other grounds sub nom. Roberson v. Florida Parole and Probation Commission, 444 So.2d 917 (Fla.1983). As such, there was no “order”, and consequently, no “agency action” upon which to base a Section 120.69 petition....

...ure to pay cannot be made a separate violation subject to an additional penalty. The hearing officer also concluded that the legislature has provided a method of collection of fines in Section 455.-227(2), and additional means of enforcement through Section 120.69, however, there is no statutory authority for a rule “making non-payment of a fine a separate ground for further administrative discipline.” Finally, the hearing officer cited Gulfstream Park v....

GLICKSTEIN, Judge. On July 2, 1981, the Police and Fire Civil Service Board of Riviera Beach, appellee herein, filed a Petition for Enforcement, pursuant to section 120.69, Florida Statutes (1981) against the city, as well as the city manager and chief of police, all of whom promptly filed an answer, including an affirmative defense based on the board’s lack of capacity to sue....

...1st DCA 2007) (holding that section 284.30’s notice requirement is a condition precedent for fees in action by taxpayer against DOR pursuant to section 213.015); Dep’t of HRS v. Cordes, 644 So.2d 609, 610 (Fla. 1st DCA 1994) (holding that the notice requirement is a condition precedent for attorney’s fees from section 120.69 proceedings in action by plaintiff against state); Fla....

...tate Commission v. Webb, 367 So.2d 201, 203 (Fla.1978). We distinguish Webb because it involved a Section 120.68 review which was limited to a determination whether the penalty imposed was within the range of discretion delegated to the agency. In a Section 120.69(5) enforcement proceeding the court may find, as it did here, that an agency action, even though within the range of discretion delegated to the agency, is not “appropriate”, i.e....