Administrative Law
To Stay or Not to Stay: The Florida Supreme Court Clarifies in Ybor the Applicability of the Presumptive Stay Provision in F.S. §120.68(3)
The first sentence of F.S. §120.68(3), located within Florida’s Administrative Procedure Act (APA) or F.S. Ch. 120, creates a presumption...
Preparing for Emerging Contaminant Liability and Administrative Law Challenges
On June 21, 2022, Gov. Ron DeSantis signed into law legislation that requires the Florida Department of Environmental Protection (DEP)...
The Florida Alcohol Beverage Law: A Body of Law in Flux and Change
It is common knowledge that beverage alcohol is a highly regulated commodity in the United States. The 21st Amendment of...
Discovery in Administrative Proceedings: Whose Right and Who’s Right?
Judge Bram Canter, a former administrative law judge at the Florida Division of Administrative Hearings (DOAH), accurately captured the universe...
The Demise of Agency Deference: Florida Takes the Lead
The year 2018 was a banner year for amendments to the Florida Constitution. Twelve proposed amendments appeared on the general...
Parties Beware: Your Qualified Representative in an Administrative Proceeding Might Not Be Qualified to Represent You If You Decide to Pursue an Appeal
Florida’s Administrative Procedure Act[1] allows parties to be represented by qualified representatives, who are not members of The Florida Bar,...
The Florida Public Records Act in the Era of Modern Technology
The State of Florida is known as “the Sunshine State” for many reasons, not the least of which is its...
Rule or No Rule? An Examination of Recent Unadopted Rule Challenge Decisions
Florida law requires that each agency statement defined as a rule be adopted via the administrative rulemaking process.1 When an...
The Points of Entry for Rule Challenges Post Florida Pulp & Paper
Prior to the 1996 revision, the Florida Administrative Procedures Act (APA), F.S. Ch. 120, provided a single “point of entry”...
A Primer on Emergency Rulemaking
Over the past several months, there has been a renewed focus on emergency rulemaking, and the subsequent challenges to those...
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