Posts by Jonathan Taylor

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.…

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…

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…

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…

The Third DCA recently issued an opinion dealing with the doctrine of failure to exhaust administrative remedies—a doctrine that traps many unsuspecting litigants.  The case is Jackson Health System v. Louis, an original proceeding for writ of prohibition

Earlier this week, the First DCA issued an opinion in favor of our client, GBR Enterprises, Inc.  The case is Department of Revenue v. GBR Enterprises, Inc.  The order on appeal was a final administrative order, appealable under section 120.68(1), Florida Statutes. The case began with a Department audit against GBR for sales and use…

The First DCA recently issued an opinion dealing with the interesting of issue of agency rulemaking.  The case is MB Doral, LLC v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.  The order on appeal was a final administrative order, appealable under section 120.68(1), Florida Statutes. MB Doral operates a bar…