Administrative Appeals

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…

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…

When dealing with an agency, a situation may arise where the agency must be compelled to perform a ministerial duty.  For example, if a formal hearing is requested but the agency does not respond or provide a formal hearing, then the agency must be compelled to act.  The tool for compelling the agency to perform…

This post discusses how to determine whether an administrative body is an “agency” under chapter 120, Florida Statutes; and briefly discusses the differences between challenging final action of agencies under chapter 120 and challenging final action of administrative bodies not considered agencies under chapter 120. Administrative bodies generally fall into two categories:  those within the…

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…

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…

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…