Florida Statute 120.73 - 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. 120.73

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.

History.—s. 11, ch. 75-191; s. 14, ch. 78-425.

F.S. 120.73 on Google Scholar

F.S. 120.73 on CourtListener

Amendments to 120.73

Annotations, Discussions, Cases:

Cases Citing Statute 120.73

Total Results: 29

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

Chapter 75-191, amended Chapter 120 to add Section 120.73: "Nothing in this chapter shall be construed

Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc.

361 So. 2d 695, 1978 Fla. LEXIS 4835

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 1685753

Cited 63 times | Published

embodied in the Willis and Mitchell decisions. Section 120.73 states that nothing in the administrative procedure

School Bd. of Leon County v. Mitchell

346 So. 2d 562, 1977 Fla. App. LEXIS 16041

District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 1411070

Cited 39 times | Published

recognition of the saving clause contained in Section 120.73, Florida Statutes (1975),[3] a plaintiff in

Department of Rev. of Fla. v. Young American Bldrs.

330 So. 2d 864

District Court of Appeal of Florida | Filed: Apr 2, 1976 | Docket: 1797688

Cited 32 times | Published

judicial consideration of them by reference in § 120.73 to ch. 86, F.S., nor otherwise impair the judicial

Flo-Sun, Inc. v. Kirk

783 So. 2d 1029, 2001 WL 298917

Supreme Court of Florida | Filed: Mar 29, 2001 | Docket: 1259675

Cited 21 times | Published

lieu of an administrative *1041 hearing," see section 120.73, Florida Statutes (1995), Florida courts have

FLA. EXPORT TOBACCO v. Dept. of Revenue

510 So. 2d 936

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1589023

Cited 20 times | Published

Laws of Florida, which provided language in section 120.73 to explicitly clarify that chapter 74-310 was

Department of Rev. v. Amrep Corp.

358 So. 2d 1343

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 248530

Cited 18 times | Published

2d 479 (Fla. 2d DCA 1976). By its very terms Section 120.73, Florida Statutes (1975), provides that nothing

Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust Fund

400 So. 2d 66, 1981 Fla. App. LEXIS 19963

District Court of Appeal of Florida | Filed: Jun 1, 1981 | Docket: 1676916

Cited 16 times | Published

decision by the agency. *75 Florida Statutes, Section 120.73, expressly affords "the right to a proceeding

ADAMS PACKING ASS'N, INC. v. Florida Dept. of Citrus

352 So. 2d 569

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1757609

Cited 16 times | Published

construing agency regulations in the circuit courts, Section 120.73, Florida Statutes (1975), are not mutually

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

and 601. It is also necessary to take note of Section 120.73, effective June 25, 1975. This section, dealing

Fla. Soc of Newspaper Editors, Inc. v. Fla., Psc

543 So. 2d 1262

District Court of Appeal of Florida | Filed: Apr 28, 1989 | Docket: 1328218

Cited 13 times | Published

enforce the purposes of this section." And section 120.73 provides that nothing in the Administrative

Coulter v. Davin

373 So. 2d 423, 13 ERC 2064

District Court of Appeal of Florida | Filed: Jul 27, 1979 | Docket: 626697

Cited 13 times | Published

example, to consider the effect in such cases of § 120.73, which provides that nothing in the Administrative

Carrollwood State Bank v. Lewis

362 So. 2d 110

District Court of Appeal of Florida | Filed: Aug 22, 1978 | Docket: 1363138

Cited 11 times | Published

in the circuit court under Chapter 86, and Section 120.73, Florida Statutes (1975)." (350 So.2d at pages

Criterion Ins. Co. v. ST. DEPT. OF INS

458 So. 2d 22

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 1733151

Cited 10 times | Published

confronted with the following provisions of section 120.73, still extant, stating: Nothing in this chapter

STATE, COM'N ON ETHICS v. Sullivan

430 So. 2d 928

District Court of Appeal of Florida | Filed: Apr 19, 1983 | Docket: 1508842

Cited 10 times | Published

(Fla. 1978)." Rice at 849. If chapter 86 and section 120.73 are given their plain meaning, there can be

St. Joe Paper Co. v. FLA. DEPT OF NATURAL RES.

536 So. 2d 1119, 1988 WL 138497

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1759707

Cited 9 times | Published

the jurisdiction of circuit courts, citing section 120.73: "Nothing in this chapter shall be construed

UNITED FACULTY OF FLA., ETC. v. Branson

350 So. 2d 489, 96 L.R.R.M. (BNA) 2948

District Court of Appeal of Florida | Filed: Sep 20, 1977 | Docket: 1757729

Cited 8 times | Published

preserved by the Administrative Procedure Act, Section 120.73, Florida Statutes (Supp. 1976). The circuit

San Marco Contracting Company v. State

386 So. 2d 615

District Court of Appeal of Florida | Filed: Aug 8, 1980 | Docket: 476834

Cited 7 times | Published

had provided a remedy in the circuit court. Section 120.73, Florida Statutes (1977), states that nothing

Department of Revenue v. Crisp

337 So. 2d 404

District Court of Appeal of Florida | Filed: Sep 15, 1976 | Docket: 1414517

Cited 7 times | Published

judicial consideration of them by reference in § 120.73 to ch. 86, F.S., nor otherwise impair the judicial

Department of Revenue v. University Square, Inc.

336 So. 2d 371

District Court of Appeal of Florida | Filed: Jun 15, 1976 | Docket: 1721123

Cited 7 times | Published

court has jurisdiction to decide the issue. Section 120.73, Florida Statutes, provides that nothing in

Lewis Oil Co., Inc. v. Alachua County

496 So. 2d 184, 11 Fla. L. Weekly 2116, 1986 Fla. App. LEXIS 9963

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 428161

Cited 5 times | Published

ineffective. That being so, we next observe that section 120.73, Florida Statutes (1985), reads: Nothing in

Department of Revenue v. Young Am. Builders

358 So. 2d 1096

District Court of Appeal of Florida | Filed: Apr 12, 1978 | Docket: 1311947

Cited 5 times | Published

judicial consideration of them by reference in § 120.73 to ch. 86, F.S., nor otherwise impair the judicial

Department of Revenue v. Young Am. Builders

358 So. 2d 1096

District Court of Appeal of Florida | Filed: Apr 12, 1978 | Docket: 1311947

Cited 5 times | Published

judicial consideration of them by reference in § 120.73 to ch. 86, F.S., nor otherwise impair the judicial

Department of Revenue v. Joanos

364 So. 2d 24

District Court of Appeal of Florida | Filed: Oct 16, 1978 | Docket: 2514459

Cited 4 times | Published

litigation commenced. Respondent also relies on § 120.73, which provides, in part: "Nothing in this chapter

State v. Sun Gardens Citrus, LLP

780 So. 2d 922, 2001 WL 76954

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1708705

Cited 3 times | Published

brought under chapter 86, Florida Statutes. See § 120.73, Fla. Stat. (2000) (noting that nothing in chapter

County of Volusia v. CITY OF DAYTONA

420 So. 2d 606

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 1306779

Cited 3 times | Published

Administrative Procedure Act. Notwithstanding this fact, section 120.73 of the Act provides that the Act does not operate

General Care Corp. v. Forehand

329 So. 2d 49

District Court of Appeal of Florida | Filed: Apr 5, 1976 | Docket: 1251210

Cited 1 times | Published

rather than the inappropriate remedy of mandamus. § 120.73, Florida Statutes (the Administrative Act) provides

Eastern Air Lines, Inc. v. Hillsborough County Aviation Authority

454 So. 2d 1076, 9 Fla. L. Weekly 1920, 1984 Fla. App. LEXIS 14946

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64606551

Published

submits that section 562.46 “dovetails” with section 120.73 of the Administrative Procedure Act, sections

State, Department of Health & Rehabilitative Services v. Lewis

367 So. 2d 1042, 1979 Fla. App. LEXIS 14004

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 64568711

Published

in the circuit court under Chapter 86, and Section 120.73, Florida Statutes (1975),” 350 So.2d at 533