The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Administrative Law

Parties Beware: Your Qualified Representative in an Administrative Proceeding Might Not Be Qualified to Represent You If You Decide to Pursue an Appeal

Administrative Law
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

Administrative Law
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

Administrative Law
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

Administrative Law
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

Administrative Law
Over the past several months, there has been a renewed focus on emergency rulemaking, and the subsequent challenges to those...

Constitutional Rulemaking: What Happens When the APA Doesn’t Apply?

Administrative Law
Recent changes to the Florida Constitution, in conjunction with a 2009 change to Florida’s Administrative Procedure Act (APA), have raised...

Lesser Known Aspects of the APA

Administrative Law
If you asked an attorney who the major actor is within Florida’s administrative procedure process, the response would likely be...

DOAH: Bringing Impartiality and Fairness to Administrative Litigation Since 1975

Administrative Law
Those versed in administrative law know that the Division of Administrative Hearings (DOAH) adjudicates disputes between Florida state agencies and...

What to Except When You’re Excepting: Practice Pointers for Filing Effective Exceptions to Recommended Orders

Administrative Law
Regardless of their chosen area of practice, most attorneys will be exposed to administrative law at some point during their...

Invoking “the Rule” in Administrative Proceedings: Florida Industrial Power Users Group v. Art Graham

Administrative Law
Referred to simply as “the rule,” the Florida Evidence Code allows a party to request a court to exclude a...