The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Administrative Law

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...

Saying Goodbye to Chevron and Auer? New Developments in the Agency Deference Doctrine

Administrative Law
The agency deference doctrine is a longstanding principle of administrative law that has guided courts in reviewing agency action over...

An Introduction to Negotiated Rulemaking

Administrative Law
Administrative rulemaking is a collaborative effort between the state and public undertaken in the interest of promulgating administrative rules.1 Typically,...

The Florida Homeowners Construction Recovery Fund: How to Collect from an Uncollectible Contractor

Administrative Law
The Florida Homeowners’ Construction Recovery Fund (Fund) was established in 1993 in order “to compensate consumers who suffer monetary damages...

Regulating Regulators: Active Supervision of State Regulatory Boards in the Wake of North Carolina State Board of Dental Examiners v. FTC

Administrative Law
Professional licensure and regulation originated with the “learned professions” like law and medicine, but today states regulate everything from manicurists...

2016 Amendments to the Public Records Act: Relief for Government Contractors from Predatory Requests, But Not for Public Agencies

Administrative Law
The Public Records Act has a huge impact on public agencies, those who do business with agencies, and those who...

The 2016 Amendments to the APA: Say Goodbye to United Wisconsin — and More

Administrative Law
During the 2016 session, the Florida Legislature considered a number of bills affecting the Florida Administrative Procedure Act (APA) and...

Student Conduct Hearings in a University Setting: Just or Unjust?

Administrative Law
When determining the amount of due process that should be afforded to a state university student during a disciplinary proceeding,...

Petitions for Review: Getting the Final Word on Nonfinal Agency Action

Administrative Law
In Agency for Health Care Administration v. Murciano, 163 So. 3d 662 (Fla. 1st DCA 2015), the Agency for Health...

Final Order Indexing in the Electronic Age: The 2015 Amendment to F.S. §120.53 Finally Fulfills the Purpose of the Original Statute 40 Years Later

Administrative Law
As part of the 1974 amendments to Florida’s Administrative Practice Act, state agencies were required, for the first time, to...