Serving 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 final order will simply state to mail a copy of the notice of appeal to a P.O. Box and is silent on the clerk’s email address or physical address.
An agency’s failure to include the clerk’s email or physical address on the final order can potentially create issues. Florida Rule of Appellate Procedure 9.420(c) requires that all notices of appeal be served in conformity with Florida Rule of Judicial Administration 2.516(b). In turn, Rule 2.516(b) requires service by email or by other means. If the notice of appeal does not contain the clerk’s email or physical address, then the DCA may require an amended notice.
To avoid the embarrassment of having to file an amended notice, it is helpful to check the agency’s website for the clerk’s address. If the agency’s website does not contain the clerk’s address, then the best practice would be to call the agency and determine the address.
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 email@example.com.