Archive for January 2023
The “Automatic” Record in Administrative Appeals
When appealing final agency action in Florida, certain documents are automatically included in the record on appeal. Section 120.68(5), Florida Statutes, provides the starting point, stating that “[t]he record for judicial review shall be compiled in accordance with the Florida Rules of Appellate Procedure.” Florida Rule of Appellate Procedure 9.190(c)(2) then discusses all documents included…
Read MoreServing the Notice of Appeal in Administrative Appeals
Florida Rule of Appellate Procedure 9.110(c) provides that notices appealing final agency action must be filed with the lower administrative tribunal clerk and the applicable DCA clerk. Although Rule 9.110(c) requires the notice be served with the administrative tribunal clerk, a common problem with administrative appeals is determining the clerk’s address. Many times, an agency’s…
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