Archive for February 2021

When appealing an agency final order, administrative law has a unique aspect that must be considered: motions for rehearing are generally unauthorized and do not toll the 30-day deadline for appealing an agency final order.  City of Palm Bay v. Palm Bay Greens, LLC, 969 So. 2d 1187 (Fla. 5th DCA 2007).  This concept is…

In a blog posted last week, I discussed the importance of timely requesting an administrative hearing.  The Fifth DCA recently issued an opinion touching on this issue.  The case is C.B. v. Department of Children and Families. The case arose when the Department denied C.B.’s application for Medicaid benefits.  C.B. timely challenged the denial and…

Last month, the Third DCA issued an opinion on the subject of timely requesting an administrative hearing.  The case is Dixon v. Department of Agriculture and Consumer Services.  The order on appeal was a final administrative order, appealable under section 120.68(1), Florida Statutes. The case began when the Department made an administrative complaint against Dixon…