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…

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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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When appealing a final agency order in Florida, you must be aware of certain procedural aspects unique to administrative appeals. First, with limited exception, the appealing party can choose 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.  §…

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In a recent post, I discussed the Fifth DCA’s use of the “supremacy-of-text principle” to resolve statutory interpretation.  The Third DCA recently applied the principle to determine whether a county is a “county” or a “municipality” under section 112.3187(9)(f), Florida Statutes.  The case is Garavan v. Miami-Dade County. In the case, a former employee for…

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Florida’s Fifth District Court of Appeal recently issued an opinion providing a good example of the “supremacy-of-text principle,” which is used by Florida courts when interpreting statutes. The case, The Kidwell Group, LLC v. ASI Preferred Insurance Corp., explains the textualism principle for statutory interpretation: “[t]he words of a governing text are of paramount concern,…

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With limited exception, an agency order must be final before the order can be appealed to a District Court of Appeal.  § 120.68(1)(a), Fla. Stat.  An order is generally considered final when the order resolves the substantive controversy between the agency and the party challenging agency action.  Miami-Dade Water & Sewer Auth. v. Metro. Dade…

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Litigation in administrative proceedings affords many opportunities to move for attorneys’ fees.  One such opportunity is provided in section 120.569(2)(e), Florida Statutes. Under that statute, litigants can move for attorneys’ fees whenever they believe a document is filed for an improper purpose.  The improper purposes include a document filed to harass, to delay, or for…

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Last month, the First DCA issued an opinion favorable to our client, Mr. Comfort Furniture Corp.  The case is Mr. Comfort Furniture Corp. v. Department of Revenue, and the opinion can be found here.  The issue involved whether the Department properly dismissed Mr. Comfort’s petition for administrative hearing, as untimely. The case began when the…

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This post discusses attorneys’ fees in administrative appeals.  Fees in administrative appeals are governed under Florida Rule of Appellate Procedure 9.190(d).  Under that rule, fees are requested by filing a motion with the appellate court.  Fla. R. App. P. 9.190(d)(1).  The motion must be served no later than the deadline for serving the reply brief…

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