Florida Statutes
Fla. Stat. § 120.73 (2025)
Circuit court proceedings; declaratory judgments.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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120.73 Circuit court proceedings; declaratory judgments.—Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circuit courts of jurisdiction to render declaratory judgments under the provisions of chapter 86.
Notes of Decisions
Cited in 28
cases, 1976–2001 · leading case: Fla. Exp. Tobacco v. Dept. of Revenue, 510 So. 2d 936 (Fla. 1st DCA 1987).
Fla. Exp. Tobacco v. Dept. of Revenue, 510 So. 2d 936 (Fla. 1st DCA 1987). “2d at 371-72, Judge Mills succinctly stated the rationale underlying this conclusion: Section 120.73, Florida Statutes, clearly expresses the intent of the Legislature that circuit courts retain jurisdiction to determine the legality of contested documentary tax assessments by…”
Sch. Bd. of Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977). “" Put another way, the central issue in this case is whether, in recognition of the saving clause contained in Section 120.73, Florida Statutes (1975), [3] a plaintiff in this type of proceeding will be permitted to maintain a declaratory judgment action, or whether he (or she)…”
State Ex Rel. Dept. of Gen. Serv. v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977). “The effect of § 120.73, Fla. Stat. (1975), is therefore that chapter 120 shall not "be construed to repeal" any statutory authority given circuit courts by chapter 86 to render declaratory judgments affecting agency action.”
Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001). “Moreover, while the APA indicates that nothing in it "shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative *1041 hearing," see section 120.73, Florida Statutes (1995), Florida…”
Dep't of Transp. v. Morehouse, 350 So. 2d 529 (Fla. 3d DCA 1977). “because the harm done to plaintiff was inordinate, and because nothing in the Administrative Procedure Act divests the circuit courts of jurisdiction to render declaratory judgments in the rare cases where such defects in due process exist, we hold that, under the facts of this…”
Carrollwood State Bank v. Lewis, 362 So. 2d 110 (Fla. 1st DCA 1978). “se the harm done to plaintiff *115 was inordinate, and because nothing in the Administrative Procedure Act divests the circuit courts of jurisdiction to render declaratory judgments in the rare cases where such defects in due process exist, we hold that, under the facts of this…”
Dep't of Rev. v. Amrep Corp., 358 So. 2d 1343 (Fla. 1978). “73, Florida Statutes (1975), provides that nothing in Chapter 120, Florida Statutes (1975), shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the…”
State, Com'n on Ethics v. Sullivan, 430 So. 2d 928 (Fla. 1st DCA 1983). “If chapter 86 and section 120.73 are given their plain meaning, there can be no doubt that the Sullivans, or any other similarly situated persons, have the right to obtain a declaratory judgment under the circumstances here.”
Dep't of Revenue v. Univ. Square, Inc., 336 So. 2d 371 (Fla. 1st DCA 1976). “Section 120.73, Florida Statutes, provides that nothing in Chapter 120, Florida Statutes, shall be construed to repeal any provision of Florida Statutes which grants the right to a proceeding in a circuit court in lieu of an administrative hearing or to divest the circuit courts…”
Gulf Pines Mem'l Park, Inc. v. Oaklawn Mem'l Park, Inc., 361 So. 2d 695 (Fla. 1978). “to divest the circuit courts of jurisdiction to render declaratory judgments under the provisions of chapter 86." On the other hand, we have previously observed that if administrative agencies are to function and endure as viable institutions, courts must refrain from…”
ADAMS PACKING ASS'N, INC. v. Florida Dept. of Citrus, 352 So. 2d 569 (Fla. 2d DCA 1977). “68, Florida Statutes (1975), and those relating to seeking declaratory judgments construing agency regulations in the circuit courts, Section 120.73, Florida Statutes (1975), are not mutually exclusive.”
Key Haven Associated Enter., Inc. v. Bd. of Trs. of Internal Improvement Trust Fund, 400 So. 2d 66 (Fla. 1st DCA 1981). “*75 Florida Statutes, Section 120.73, expressly affords "the right to a proceeding in the Circuit Court in lieu of an administrative hearing," and preserves the jurisdiction of the Circuit Court to render declaratory judgments under Florida Statutes, Chapter 86.”
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