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 in the record.  Under Rule 9.190(c)(2), the record generally consists of “all notices, pleadings, motions, and intermediate rulings; evidence admitted; those matters officially recognized; proffers of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition . . . and all matters placed on the record after an ex parte communication; and the official transcript.”

Of course, the parties have the right to designate additional documents to be included in the record and to supplement the record, as provided for in Florida Rules of Appellate Procedure 9.200(a), (b), (f).

When seeking review of nonfinal agency action, there is no record on appeal.  Rather, Florida Rule of Appellate Procedure 9.190(c)(3), provides that Rules 9.100 and 9.220 control the record.  Those rules require that an appendix accompany any petition seeking review of nonfinal agency action.  The petitioner therefore has the obligation to submit an appendix with its petition, as no record on appeal is prepared by the agency clerk.  The Respondent likewise has the right to file an appendix with its filing.  Fla. R. App. P. 9.220(a).

Jonathan Taylor is a senior attorney with The Law Offices of Moffa, Sutton, & Donnini, P.A.  Mr. Taylor concentrates in the areas of Florida tax appeals and general administrative appeals.  Mr. Taylor also volunteers with Guardian ad Litem to handle appellate matters.  Mr. Taylor can be reached at 954-234-2884 or jonathantaylor@floridasalestax.com.

Posted in Administrative Appeals, Administrative Law