Florida Statute 120.69 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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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 CourtListener

Amendments to 120.69

Annotations, Discussions, Cases:

Cases Citing Statute 120.69

Total Results: 49

City of Homestead v. Johnson

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

Supreme Court of Florida | Filed: Mar 16, 2000 | Docket: 1324885

Cited 57 times | Published

PSC's authority to issue attorney's fees under section 120.69(1)(a), Florida Statutes (1997). This issue

Citizens of State v. PUBLIC SERVICE COM'N

425 So. 2d 534, 1982 WL 893190

Supreme Court of Florida | Filed: Dec 16, 1982 | Docket: 1657968

Cited 45 times | Published

agency's decision may not be enforced under section 120.69 until it is reduced to written form and filed

Elana Casines, Individually and on Behalf of All Others Similarly Situated v. Paul Murchek, Etc., Eugene Walden, Iii, Etc., William Abbey, Etc., Phillip Ware, Etc., and Louie L. Wainwright, Elana Casines, Individually and on Behalf of All Others Similarly Situated v. Paul Murchek, Etc., Eugene Walden, Iii, Etc., William Abbey, Etc., Phillip Ware, Etc., and Louie L. Wainwright

766 F.2d 1494

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1985 | Docket: 497819

Cited 22 times | Published

In the alternative, Wainwright argues that section 120.69 provides Casines with an adequate state remedy

Hill v. Division of Retirement

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

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1370766

Cited 18 times | Published

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

Hill v. Division of Retirement

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

District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1370766

Cited 18 times | Published

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

Graham Contracting, Inc. v. Dept. of General Services

363 So. 2d 810, 1978 Fla. App. LEXIS 16910

District Court of Appeal of Florida | Filed: Oct 31, 1978 | Docket: 1513640

Cited 18 times | Published

declaratory in form." Section 120.68(13)(a). See also Section 120.69(1)(b). If these provisions make Section 120

Doyal v. School Bd. of Liberty County

415 So. 2d 791, 5 Educ. L. Rep. 308

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 1512899

Cited 9 times | Published

should have awarded her an attorney's fee under Section 120.69(7), which provides for the prevailing party

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

person in the circuit court. Section 120.69(1), Florida Statutes. Section 120.69(2) provides the following

Gortz v. LYTAL, REITER, CLARK, SHARPE

769 So. 2d 484

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1739140

Cited 7 times | Published

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

STATE BY & THRO. STATE ATTY. v. Gen. Dev. Corp.

448 So. 2d 1074

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 2547049

Cited 6 times | Published

enforcement of agency action filed pursuant to section 120.69(1)(a), Florida Statutes (1981) (complaint/petition)

Great Am. Banks, Inc. v. DIV. OF ADMIN, ETC.

412 So. 2d 373

District Court of Appeal of Florida | Filed: Nov 25, 1981 | Docket: 730825

Cited 6 times | Published

the enforcement in circuit court, pursuant to § 120.69, Fla. Stat. The circuit court can make a determination

South Lake Worth Inlet Dist. v. Ocean Ridge

633 So. 2d 79

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 1296918

Cited 5 times | Published

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

Gulf Coast Home Health Serv. v. State, Dhr

513 So. 2d 704

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 1689390

Cited 5 times | Published

Petition to Enforce Final Order pursuant to Section 120.69, Florida Statutes, and Amended Complaint for

Gulf Coast Home Hlt. v. Hrs Dept.

503 So. 2d 415

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 1453408

Cited 5 times | Published

filed a petition in circuit court pursuant to section 120.69, Florida Statutes, to enforce agency action

State Ex Rel. Pettengill v. Copelan

466 So. 2d 1133, 10 Fla. L. Weekly 793, 1985 Fla. App. LEXIS 13157

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 438695

Cited 4 times | Published

administrative action. *1136 On the second issue, § 120.69(5), Florida Statutes, provides that the defending

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

824 So. 2d 195, 2002 WL 1300764

District Court of Appeal of Florida | Filed: Jun 14, 2002 | Docket: 1729481

Cited 3 times | Published

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

A Professional Nurse, Inc. v. STATE, DHRS

519 So. 2d 1061, 1988 WL 6393

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 1332416

Cited 3 times | Published

enforcement in the circuit court, pursuant to section 120.69. On motion for clarification filed by the Department

HILLSBOROUGH CTY. HOSP. v. Tampa Heart Institute

472 So. 2d 748, 10 Fla. L. Weekly 1309

District Court of Appeal of Florida | Filed: May 22, 1985 | Docket: 1213474

Cited 3 times | Published

that section 120.58(3) requires the resort to section 120.69 to enforce all orders of a hearing officer

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

771 So. 2d 1222, 2000 WL 1616916

District Court of Appeal of Florida | Filed: Oct 31, 2000 | Docket: 1339019

Cited 2 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 64801086

Cited 2 times | Published

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

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

644 So. 2d 609, 1994 WL 603163

District Court of Appeal of Florida | Filed: Nov 7, 1994 | Docket: 2578418

Cited 2 times | Published

CURIAM. Leonard Cordes brought an action under section 120.69, Florida Statutes (1991), seeking to enforce

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

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

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60240068

Cited 1 times | Published

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

Casines v. Murchek

766 F.2d 1494, 1985 U.S. App. LEXIS 20723

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1985 | Docket: 66208005

Cited 1 times | Published

On March 21, 1978, pursuant to Fla.Stat. Ann. § 120.69 (West 1982), Casines commenced an action in a

STATE, DEPT. OF H. & R. SERV. v. State

472 So. 2d 790

District Court of Appeal of Florida | Filed: Jul 2, 1985 | Docket: 1793108

Cited 1 times | Published

covered by the initial administrative order... ." Section 120.69(1)(b), Florida Statutes, establishes that a

N.S. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Aug 26, 2013 | Docket: 60233671

Published

condition precedent for attorney’s fees from section 120.69 proceedings in action by plaintiff against

Morgan v. Department of Environmental Protection

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

District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312502

Published

prosecuted 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

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

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60301565

Published

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

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

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

District Court of Appeal of Florida | Filed: Jan 23, 1998 | Docket: 64781282

Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 64769368

Published

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

Stuart v. State ex rel. Miller

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

District Court of Appeal of Florida | Filed: Dec 21, 1993 | Docket: 64745021

Published

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

State, Department of Community Affairs v. Division of Administrative Hearings

588 So. 2d 272, 1991 Fla. App. LEXIS 10485, 1991 WL 210487

District Court of Appeal of Florida | Filed: Oct 21, 1991 | Docket: 64662699

Published

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

Florida Sugar Cane League v. State

580 So. 2d 846, 1991 Fla. App. LEXIS 4825, 1991 WL 85513

District Court of Appeal of Florida | Filed: May 24, 1991 | Docket: 64659280

Published

§ 120.68, Fla. Stat. (1987) (judicial review); § 120.69, Fla. Stat. (1987) (enforcement of agency action);

Browning v. Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes

574 So. 2d 188, 1991 Fla. App. LEXIS 422, 1991 WL 4998

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 64656310

Published

Division. On January 14, 1987, pursuant to section 120.69, the Division filed a pleading entitled *190“Petition

Greene v. Carson

515 So. 2d 1007, 12 Fla. L. Weekly 2191, 1987 Fla. App. LEXIS 10235, 1987 WL 3883

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64631022

Published

dismissing his action to enforce, pursuant to Section 120.69, Florida Statutes, an order entered by the

Glenn v. State ex rel. Department of Professional Regulation

495 So. 2d 844, 11 Fla. L. Weekly 2120, 1986 Fla. App. LEXIS 10037

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 64622209

Published

PER CURIAM. In a petition brought pursuant to Section 120.69, Florida Statutes (Supp.1984), to enforce a

Department of Professional Regulation, Construction Industry Licensing Board v. Pariser

483 So. 2d 28, 10 Fla. L. Weekly 2777, 1985 Fla. App. LEXIS 6093

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 64617366

Published

and additional means of enforcement through Section 120.69, however, there is no statutory authority for

State, Department of Health & Rehabilitative Services v. State

472 So. 2d 790, 10 Fla. L. Weekly 1625, 1985 Fla. App. LEXIS 14959

District Court of Appeal of Florida | Filed: Jul 2, 1985 | Docket: 64613129

Published

by the initial administrative order .... ” Section 120.69(l)(b), Florida Statutes, establishes that a

Hollingsworth v. Department of Environmental Regulation

466 So. 2d 383, 10 Fla. L. Weekly 762, 1985 Fla. App. LEXIS 13180

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 64610947

Published

present time based on changed circumstances. Section 120.69(3) provides that: After the Court has rendered

Century Utilities, Inc. v. Palm Beach County

458 So. 2d 1178, 9 Fla. L. Weekly 2343, 1984 Fla. App. LEXIS 15719

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 64608170

Published

enforcement proceeding brought pursuant to Section 120.69, Florida Statutes (1983) to file a Third Party

Fun & Frolic, Inc. v. Division of Alcoholic Beverages & Tobacco

457 So. 2d 509, 9 Fla. L. Weekly 1932, 1984 Fla. App. LEXIS 14837

District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 64607394

Published

would subject appellant to the provisions of section 120.69, Florida Statutes (1981), the Division prepared

Paradyne Corp. v. Miller

455 So. 2d 432, 1984 Fla. App. LEXIS 14267

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606659

Published

circuit court had jurisdiction pursuant to section 120.69, Florida Statutes (1981). That section provides

State, Department of Environmental Regulation v. Brown

449 So. 2d 908, 1984 Fla. App. LEXIS 12735

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 64604542

Published

of discretion delegated to the agency. In a Section 120.69(5) enforcement proceeding the court may find

State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp.

448 So. 2d 1074, 1984 Fla. App. LEXIS 12361

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 64604295

Published

enforcement of agency action filed pursuant to section 120.69(l)(a), Florida Statutes (1981) (complaint/petition)

Castiglia v. Division of Retirement, State Department of Administration

442 So. 2d 1007, 1983 Fla. App. LEXIS 24361

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 64601791

Published

[the Commission’s final order] pursuant to Section 120.69, Florida Statutes.” We disagree. There is no

Castiglia v. Division of Retirement, State Department of Administration

442 So. 2d 1007, 1983 Fla. App. LEXIS 24361

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 64601791

Published

[the Commission’s final order] pursuant to Section 120.69, Florida Statutes.” We disagree. There is no

Darden v. Police & Fire Civil Service Board

423 So. 2d 541, 1982 Fla. App. LEXIS 22177

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64593979

Published

filed a Petition for Enforcement, pursuant to section 120.69, Florida Statutes (1981) against the city,

Ramsey Nursing Facilities, Inc. v. State ex rel. Department of Health & Rehabilitative Services

391 So. 2d 795, 1980 Fla. App. LEXIS 18284

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 64579414

Published

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

Department of Environmental Regulation v. Whitfield

382 So. 2d 89, 1980 Fla. App. LEXIS 23707

District Court of Appeal of Florida | Filed: Mar 21, 1980 | Docket: 64575457

Published

collateral attack in the circuit court. See Section 120.69(5), Florida Statutes (1979); State ex rel Department

State Department of Health & Rehabilitative Services v. Barr

369 So. 2d 595, 1978 Fla. App. LEXIS 17272

District Court of Appeal of Florida | Filed: Jul 18, 1978 | Docket: 64569593

Published

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