The 2024 Florida Statutes
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. . . already granted to the circuit court, and hence “otherwise exists,” under general law, i.e., section 120.69 . . . While we recognize that Menz did not reference section 120.69 in her petition, we view this error as . . .
. . . 1994) (holding that the notice requirement is a condition precedent for attorney’s fees from section 120.69 . . .
. . . of Environmental Protection diligently prosecuted the petition for enforcement pursuant to section 120.69 . . . In count III, Morgan petitioned for enforcement of the agency action brought pursuant to section 120.69 . . . next address the trial court’s dismissal of Morgan’s enforcement action brought pursuant to section 120.69 . . . department had properly commenced and prosecuted an enforcement action against him pursuant to section 120.69 . . . Florida courts have yet to define the term “diligently prosecuting” contained in section 120.69(l)(b) . . .
. . . because it appears that the County is not a qualified party seeking agency enforcement under section 120.69 . . . there is no mandate that it comply with the “substantially interested person” requirements of section 120.69 . . . Section 120.69 provides: Enforcement of agency action.— (b) A petition for enforcement of any agency . . . head of the agency concerned, the Attorney General, and any alleged violator of the agency action. § 120.69 . . .
. . . Section 120.69(7), Florida Statutes (2000), authorizes the award of costs, reasonable attorney’s fees . . . 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). . . . to recover reasonable attorney’s fees and costs against each of the defendants, pursuant to section 120.69 . . .
. . . Violations of this Order are enforceable under Section 120.69, Florida Statutes. . . .
. . . Palm Beach County, 458 So.2d 1178, 1180 (Fla. 4th DCA 1984) (allowing a third-party claim in section 120.69 . . .
. . . The City has requested the Court review the PSC's authority to issue attorney's fees under section 120.69 . . .
. . . We express no opinion on the availability of enforcement proceedings under sections 120.69 and 447.5035 . . .
. . . See § 120.69, Fla. Stat. (1995). . . . also argued that the court could determine whether the penalties were “inappropriate” Under section 120.69 . . . Both cases held that in an enforcement proceeding, section 120.69 expressly authorizes the court to review . . . Moreover, the department’s complaint stated that it was brought pursuant to section 120.69. . . . Here, the consent order specifically provided that section 120.69 would govern its enforcement. . . .
. . . benefits, the dismissal affected the petitioner’s substantial interests within the meaning of section 120.69 . . .
. . . availability of a statutory remedy for the enforcement of a previous administrative order under section 120.69 . . .
. . . 5) An order entered under subsection (3) may be enforced pursuant to the procedures contained in s. 120.69 . . .
. . . Leonard Cordes brought an action under section 120.69, Florida Statutes (1991), seeking to enforce a . . . Although attorney’s fees are recoverable in section 120.69 proceedings, a notice requirement is imposed . . .
. . . See § 120.69(l)(b), Fla.Stat. (1991). . . . .
. . . reversal is required because there was never “agency action” which could be enforced under Section 120.69 . . . 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) . . . In this case, there was no “agency action” which Miller could enforce by way of a Section 120.69 petition . . . As such, there was no “order”, and consequently, no “agency action” upon which to base a Section 120.69 . . .
. . . forth in the Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 . . .
. . . circuit court has jurisdiction to enforce agency action pursuant to a petition properly filed under § 120.69 . . .
. . . Stat. (1987) (judicial review); § 120.69, Fla. . . .
. . . On January 14, 1987, pursuant to section 120.69, the Division filed a pleading entitled “Petition to . . . intend to improperly limit an agency’s right to seek enforcement of its orders pursuant to section 120.69 . . . could be reviewed by the circuit court in subsequent proceedings to enforce that order under section 120.69 . . . 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 . . .
. . . a discovery order was to file a petition for enforcement in the circuit court, pursuant to section 120.69 . . . discovery issued upon the authority of this act by filing a petition for enforcement, pursuant to s. 120.69 . . .
. . . dismissing with prejudice Gulf Coast’s Amended Petition to Enforce Final Order pursuant to Section 120.69 . . . initiation of the necessary predicate to a petition for enforcement of agency action under Section 120.69 . . . On July 17, 1986, pursuant to Section 120.69, Gulf Coast filed a petition to enforce final order in the . . . court entered the appealed order dismissing with prejudice both the amended petition under Section 120.69 . . . Accordingly, the circuit court’s order dismissing appellant’s Section 120.69 enforcement action and the . . .
. . . Greene appeals from a final order dismissing his action to enforce, pursuant to Section 120.69, Florida . . . action in circuit court seeking enforcement of the Board’s reinstatement order pursuant to Section 120.69 . . . The Administrative Procedure Act provides, via Section 120.69, a statutory remedy available to a substantially . . . Sack, 212 So.2d 819 (Fla. 1st DCA 1968) is supportive of his position that Section 120.69 is available . . . The lower court was clearly correct in ruling that the Section 120.69 enforcement mechanism was unavailable . . .
. . . Gulf Coast Home Health Services, Inc., filed a petition in circuit court pursuant to section 120.69, . . .
. . . In a petition brought pursuant to Section 120.69, Florida Statutes (Supp.1984), to enforce a final agency . . .
. . . as a contract between it and the Developer and sought declaratory relief under sections 86.021 and 120.69 . . .
. . . .-227(2), and additional means of enforcement through Section 120.69, however, there is no statutory . . .
. . . . § 120.69 (West 1982), Casines commenced an action in a state circuit (trial) court seeking enforcement . . . In the alternative, Wainwright argues that section 120.69 provides Casines with an adequate state remedy . . . Second, Casines contends that section 120.69 does not provide her an adequate post-deprivation remedy . . . Ann. § 120.69(2). . . . Section 120.69 provides: (1) Except as otherwise provided by statute: (b) A petition for enforcement . . .
. . . other Institutional Security Specialists covered by the initial administrative order .... ” Section 120.69 . . . without applicability to appel-lees they are not substantially interested persons authorized to bring a § 120.69 . . .
. . . Tampa General construes Great American as holding that section 120.58(3) requires the resort to section 120.69 . . . We conclude that the resort to section 120.69 for enforcement of orders arising under section 120.58( . . . While section 120.69 also provides for enforcement of “agency action,” the only resort to section 120.69 . . .
. . . On the second issue, § 120.69(5), Florida Statutes, provides that the defending party in a circuit court . . . Appellants have not pursued such relief and, since § 120.69 is available only for the enforcement of, . . . 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 . . . Appellants did not prevail on their enforcement claim, and we note that § 120.69(7) merely authorizes . . .
. . . Section 120.69(3) provides that: After the Court has rendered judgment on a petition for enforcement, . . . And § 120.69(3) neither expressly, nor by implication, prohibits an administrative order, in a permissible . . .
. . . In addition, Section 120.69, Florida Statutes, authorizes an agency to seek enforcement of its orders . . .
. . . procedurally appropriate for a respondent in an enforcement proceeding brought pursuant to Section 120.69 . . . Department filed a petition for enforcement, seeking damages and other relief, pursuant to Section 120.69 . . . We find nothing in the rules “specifically providing] to the contrary” with reference to Section 120.69 . . . A final point of contention between the parties relates to the language of the statute, Section 120.69 . . . It seems reasonably clear that the statute (Section 120.69) does not itself specifically exclude the . . .
. . . action, and failure to abide by said agreement would subject appellant to the provisions of section 120.69 . . .
. . . We find that the circuit court had jurisdiction pursuant to section 120.69, Florida Statutes (1981). . . . 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. . . . The circuit court is only authorized to enforce the DOT permit under section 120.69. . . .
. . . In a Section 120.69(5) enforcement proceeding the court may find, as it did here, that an agency action . . .
. . . Statutes (1981), and alternative petition for enforcement of agency action filed pursuant to section 120.69 . . . /or institute an administrative action to enforce DER’s related rules and regulations under section 120.69 . . . SECTION 120.69(l)(a) PETITION FOR ENFORCEMENT OF AGENCY ACTION . . . . The Relevant Statutory Provisions With respect to enforcement of agency action, section 120.69(l)(a), . . . Therefore, we hold only DER can sue under section 120.69(l)(a). . . .
. . . order because the circuit court has jurisdiction 'over enforcement proceedings pursuant to Sections 120.69 . . .
. . . circuit court proceeding seeking the enforcement of [the Commission’s final order] pursuant to Section 120.69 . . . is no justification for such a narrow construction of the Commission’s jurisdiction, and a Section 120.69 . . .
. . . The other is that the agency’s decision may not be enforced under section 120.69 until it is reduced . . .
. . . Service Board of Riviera Beach, appellee herein, filed a Petition for Enforcement, pursuant to section 120.69 . . .
. . . Appellant further contends the trial court should have awarded her an attorney’s fee under Section 120.69 . . .
. . . Section 120.69(1), Florida Statutes. . . . Section 120.69(2) provides the following remedies: A petition for enforcement may request declaratory . . . enforcing the deputy’s determination and request also the wide variety of remedies provided by Section 120.69 . . .
. . . judgment which, among other things, denied their claim for attorney’s fees under Sections 57.105 and 120.69 . . . the release of the escrowed funds, denied CFC’s motion for attorney’s fees under Sections 57.105 and 120.69 . . .
. . . The method specified is filing a petition for the enforcement in circuit court, pursuant to § 120.69, . . . the Department can immediately make application to the circuit court for enforcement pursuant to § 120.69 . . . At that time, the Department may promptly apply to the circuit court for enforcement pursuant to § 120.69 . . .
. . . See Fla.Stat.Ann. 120.69. . . . .
. . . Citing Section 120.69(l)(a), Florida Statutes, which provides that a petition for enforcement may only . . .
. . . See Section 120.69(5), Florida Statutes (1979); State ex rel Department of General Services v. . . .
. . . See also Section 120.69(l)(b). . . .
. . . Section 120.69(1), Florida Statutes (1977). . . .
. . . Section 120.52(2) states that “agency action” is the whole or part of an order of the agency. (5) Section 120.69 . . . Section 120.69(5) provides — “In any enforcement proceeding the respondent may assert as a defense the . . . action” before the District Court of Appeal, it is the court’s opinion that the legislature by enacting §120.69 . . . To construe the language of, §120.69(5) in some other fashion would be to hold that the circuit courts . . . petition for enforcement present questions of law and fact which exceed the limitations set forth in §120.69 . . .
. . . amount chargeable to the plaintiffs for excessive usage of Government-furnished material is the sum of $120.69 . . .