This post discusses the basic steps to applying for a stay pending judicial review of an agency order. Suppose an agency enters a final order suspending your license, and you timely appeal the order.  If you want to potentially continue working pending judicial review of the order, then you must apply for a stay of…

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This post discusses judicial review of non-final agency action.  When dealing with a state agency, the agency may enter a preliminary or, non-final, order before ultimately entering a final order.  What steps should you take if you disagree with the non-final order? Under section 120.68(1)(b), Florida Statutes, you can seek review of the order in…

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When appealing an agency order, the appealing party typically has a choice of where to file the appeal:  the District Court of Appeal where the agency is headquartered or the District Court of Appeal where the party resides.  § 120.68(2)(a), Fla. Stat.  With most agencies headquartered in Tallahassee, most administrative appeals are heard by the…

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Last week, the Department of Economic Opportunity issued an Amended Final Order favorable to our client, Florida Transfer, Inc.  The case is Florida Transfer, Inc. v. Department of Economic Opportunity. Florida Transfer is a moving and storage company.  As part of its business, Florida Transfer hires laborers to perform local moving jobs, which includes driving…

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In a post last week, I discussed nonfinal emergency suspension orders.  One may be asking:  why would I seek judicial review of a suspension order when I could just request an evidentiary hearing and challenge the merits of the order?  The answer is twofold.  First, judicial review could lead to the appellate court quashing all…

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This article addresses the subject of nonfinal emergency suspension orders.  Section 120.60(6), Florida Statutes, authorizes state agencies to issue emergency orders suspending, restricting, or limiting a license.  Notably, an agency can issue an emergency order affecting your license before an administrative hearing is held to address the allegations in the order.  § 120.60(6)(c), Fla. Stat.…

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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…

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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…

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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…

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