Florida Statute 120.72 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

View Entire Chapter

F.S. 120.72

120.72 Legislative intent; references to chapter 120 or portions thereof.—Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 120 or to any section or sections or portion of a section of chapter 120 includes, and shall be understood as including, all subsequent amendments to chapter 120 or to the referenced section or sections or portions of a section.

History.—s. 3, ch. 74-310; s. 1, ch. 76-207; s. 1, ch. 77-174; s. 57, ch. 78-95; s. 13, ch. 78-425; s. 38, ch. 96-159.

F.S. 120.72 on Google Scholar

F.S. 120.72 on CourtListener

Amendments to 120.72

Annotations, Discussions, Cases:

Cases Citing Statute 120.72

Total Results: 39

McDonald v. Dept. of Banking and Finance

346 So. 2d 569

District Court of Appeal of Florida | Filed: May 10, 1977 | Docket: 1410203

Cited 190 times | Published

parties and the agency" to 1974 APA procedures. Section 120.72(2), Fla. Stat. (1975); Lewis v. Judges of District

Askew v. Cross Key Waterways

372 So. 2d 913, 9 Envtl. L. Rep. (Envtl. Law Inst.) 20

Supreme Court of Florida | Filed: Nov 22, 1978 | Docket: 1695808

Cited 90 times | Published

380.05(4) and (8), Florida Statutes (1975); Section 120.72, Florida Statutes (1975). Within 45 days after

State Ex Rel. Dept. of General Serv. v. Willis

344 So. 2d 580

District Court of Appeal of Florida | Filed: Mar 29, 1977 | Docket: 1517778

Cited 86 times | Published

Section 120.56, Florida Statutes (Supp. 1974). By Section 120.72(1), the 1974 Act gave notice that the judicial

FLORIDA DEPT., OF OFFENDER REHAB. v. Jerry

353 So. 2d 1230

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 424162

Cited 37 times | Published

Statutes (Supp. 1976). He concluded that since Section 120.72(1), Florida Statutes (Supp. 1976), makes uniform

Smith v. Crawford

645 So. 2d 513, 1994 WL 592242

District Court of Appeal of Florida | Filed: Oct 26, 1994 | Docket: 1223127

Cited 19 times | Published

Division. Even if the statute did so require, section 120.72, Florida Statutes (1993), provides that an

State Ex Rel. City of Casselberry v. Mager

356 So. 2d 267

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 1478692

Cited 18 times | Published

(1975). [3] Ch. 74-310, Laws of Florida, enacting § 120.72(1), Fla. Stat. (1975). § 120.31 provided for judicial

City of Plant City v. Mayo

337 So. 2d 966, 1976 Fla. LEXIS 4506, 1976 WL 352304

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 1414971

Cited 18 times | Published

generally became effective on January 1, 1975.[6] Section 120.72(2), Florida Statutes (1975), however, directs

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

429 So. 2d 1260

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358

Cited 15 times | Published

380.07(2) was amended. The appellant cites Section 120.72(1)(a), Florida Statutes, as authority to bolster

Department of Transp. v. Morehouse

350 So. 2d 529

District Court of Appeal of Florida | Filed: Oct 4, 1977 | Docket: 1710534

Cited 15 times | Published

determination on the record of the proceedings. Section 120.72, dealing with the intent of the legislature

Life Care Centers v. Sawgrass Care Center

683 So. 2d 609, 1996 WL 669949

District Court of Appeal of Florida | Filed: Nov 21, 1996 | Docket: 466169

Cited 13 times | Published

Procedure Act of 1974 had a specific provisionsection 120.72that addressed retroactivity or transitional

Lewis v. JUDGES OF DISTRICT COURT OF APP., FIRST DIST.

322 So. 2d 16

Supreme Court of Florida | Filed: Jul 17, 1975 | Docket: 1734676

Cited 11 times | Published

on January 1, 1975.[3] Section 3 of the Act (Section 120.72(2), Florida Statutes (1974)), provides for

Biltmore Const. Co. v. Florida Dept., Etc.

363 So. 2d 851, 1978 Fla. App. LEXIS 16922

District Court of Appeal of Florida | Filed: Nov 1, 1978 | Docket: 1624238

Cited 7 times | Published

Statutes, 1977) is not applicable to this proceeding. § 120.72(2)(a) of that statute provides as follows: "All

Citizens of Florida v. Mayo

333 So. 2d 1, 1976 WL 352307

Supreme Court of Florida | Filed: May 5, 1976 | Docket: 1290986

Cited 7 times | Published

The new Act has no effect on this proceeding. Section 120.72(2), Fla. Stat. (1975); Lewis v. Judges of District

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

of the current version of the Florida APA. Section 120.72, Florida Statutes (1981), provides, inter alia:

HILLSBOROUGH CTY. ENVTL. PROTECT. COM'N v. Williams

426 So. 2d 1285

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1283432

Cited 5 times | Published

chapter 120. See Chapter 74-310, Laws of Florida. Section 120.72, Florida Statutes (1975), makes uniform the

SCH. BD. OF PINELLAS CTY. v. Noble

384 So. 2d 205

District Court of Appeal of Florida | Filed: Apr 11, 1980 | Docket: 1269475

Cited 5 times | Published

the procedure provided in the 1973 APA. See Section 120.72, Florida Statutes (Supp. 1974), and Chung-Ling

Alford v. Duval County School Board

324 So. 2d 174, 1975 Fla. App. LEXIS 19047

District Court of Appeal of Florida | Filed: Oct 8, 1975 | Docket: 1672300

Cited 5 times | Published

Legislative intent as expressed in the new A.P.A. Section 120.72(1) provides as follows: "The intent of the

Todd v. Carroll

347 So. 2d 618

District Court of Appeal of Florida | Filed: Feb 25, 1977 | Docket: 1290570

Cited 3 times | Published

Act, Chapter 120, Florida Statutes (1975). Section 120.72(1), Florida Statutes, provides: "The intent

Gator Freightways, Inc. v. Mayo

328 So. 2d 444, 1976 Fla. LEXIS 4417, 1976 WL 352216

Supreme Court of Florida | Filed: Jan 8, 1976 | Docket: 1334949

Cited 3 times | Published

of the Florida Statutes, 1973 ..." Fla. Stat. § 120.72(2) (1974). [2] The items which were directed

PUBLIC SERVICE COM'N v. Central Corp.

551 So. 2d 568, 14 Fla. L. Weekly 2478, 1989 Fla. App. LEXIS 5924, 1989 WL 124571

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 527284

Cited 2 times | Published

be exempt from the requirements of the APA. See § 120.72(3), Florida Statutes (1987) (notwithstanding any

Chung-Ling Yu v. Criser

330 So. 2d 198, 1976 Fla. App. LEXIS 14970

District Court of Appeal of Florida | Filed: Mar 19, 1976 | Docket: 1797796

Cited 2 times | Published

the provisions of the APA. (F.S. (1974 Supp.) § 120.72(1)) An Agency may be exempted from the provisions

Sporl v. Lowrey

431 So. 2d 245

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 456152

Cited 1 times | Published

purview of §§ 120.68(1),.68(2), Fla. Stat., that § 120.72(1)(a), Fla. Stat. did not repeal § 163.250, Fla

Bigler v. Department of Banking & Finance

394 So. 2d 989

Supreme Court of Florida | Filed: Feb 19, 1981 | Docket: 1315658

Cited 1 times | Published

right to complain at this late stage. See also § 120.72(2)(a), Fla. Stat. (1977).

Citizens of the State v. Wilson

568 So. 2d 904, 15 Fla. L. Weekly Supp. 508, 1990 Fla. LEXIS 1195, 1990 WL 141448

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653869

Published

thirty days in its October 27, 1987, order. . Section 120.72(3), Florida Statutes (1989), states: (3) Notwithstanding

Redner v. State

532 So. 2d 8, 13 Fla. L. Weekly 1669, 1988 Fla. App. LEXIS 3022, 1988 WL 72248

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64637456

Published

corporation’s license or applied for a stay. Section 120.72(l)(a), Florida Statutes (1981), provides that

Ago

Florida Attorney General Reports | Filed: Jun 1, 1987 | Docket: 3257725

Published

procedures used by administrative agencies. Section 120.72, F.S. Any amendment or repeal of s. 380.0666(9)

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

of the current version of the Florida APA. Section 120.-72, Florida Statutes (1981), provides, inter alia:

Hillsborough County Environmental Protection Commission v. Williams

426 So. 2d 1285, 1983 Fla. App. LEXIS 18653

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595178

Published

chapter 120. See Chapter 74-310, Laws of Florida. Section 120.72, Florida Statutes (1975), makes uniform the

Pierce v. Division of Retirement

410 So. 2d 669, 1982 Fla. App. LEXIS 19474

District Court of Appeal of Florida | Filed: Mar 10, 1982 | Docket: 64588312

Published

344 So.2d 580, 586 (Fla. 1st DCA 1977): By Section 120.72(1), the 1974 Act gave notice that the judicial

School Board of Pinellas County v. Noble

384 So. 2d 205, 1980 Fla. App. LEXIS 16779

District Court of Appeal of Florida | Filed: Apr 11, 1980 | Docket: 64576451

Published

the procedure provided in the 1973 APA. See Section 120.72, Florida Statutes (Supp.1974), and Chung-Ling

Special Disability Trust Fund v. TROPICANA, ETC.

358 So. 2d 1

Supreme Court of Florida | Filed: Mar 2, 1978 | Docket: 1691018

Published

affects only statutes in existence in 1973. Section 120.72(1), Florida Statutes (1975). The APA was adopted

Ago

Florida Attorney General Reports | Filed: Dec 30, 1977 | Docket: 3257512

Published

judicial review of administrative action . . . . [Section 120.72(1), F. S.] The enumeration of agencies in s

Fla. Interconnect Tel. v. Fla. Public Serv.

342 So. 2d 811

Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 421357

Published

of the new Administrative Procedure Act. See Section 120.72(3), Florida Statutes (1975). Here the Commission

Courtelis v. Lewis

348 So. 2d 1147, 1976 Fla. LEXIS 4630

Supreme Court of Florida | Filed: Nov 30, 1976 | Docket: 64559749

Published

either by reason of all parties’ “consent” under Section 120.72(2) or because the proceeding was legally “commenced”

Cerro Corp. v. Department of Revenue

336 So. 2d 628, 1976 Fla. App. LEXIS 15355

District Court of Appeal of Florida | Filed: Aug 30, 1976 | Docket: 64554791

Published

214.25 is specifically required to be de novo. § 120.72(2), Fla.Stat. (1975), provides that “all administrative

Broward County Board of Rules & Appeals v. Rush Hampton Industries

332 So. 2d 666, 1976 Fla. App. LEXIS 14446

District Court of Appeal of Florida | Filed: May 28, 1976 | Docket: 64553862

Published

the contrary. The Administrative Procedure Act, § 120.72(1), provides that it is intended to replace all

Southside Motor Co. v. Askew

332 So. 2d 613, 1976 Fla. LEXIS 4344

Supreme Court of Florida | Filed: May 12, 1976 | Docket: 64553846

Published

of State on October 1, 1975 in accord with Section 120.72(4) (a), Florida Statutes. Therefore the rule

Ago

Florida Attorney General Reports | Filed: Apr 8, 1976 | Docket: 3255150

Published

the rule, or on a date required by statute." Section 120.72(1), F. S., mandates that in enacting a complete

Jacobson v. Thiessen

320 So. 2d 25, 1975 Fla. App. LEXIS 15385

District Court of Appeal of Florida | Filed: Oct 15, 1975 | Docket: 64549459

Published

accordance with the Florida Appellate Rules. Fla.Stat. § 120.72(2) also effective January 1, 1975, however, provides