Author: Elf

The Florida Administrative Procedure Act allows people to request a declaratory statement from a state agency if they need guidance on how a regulation applies to their situation. But, there have been recent changes that are causing confusion for everyone involved. It’s unclear who can request a declaratory statement and what it can be used…

The Florida Administrative Procedure Act allows people to ask for a declaratory statement from a state agency to get guidance on how a regulation applies to their specific situation. But there have been some changes that make it unclear who can ask for a declaratory statement and what it can cover. So right now, it’s…

To challenge a rule or proposed rule in Florida, you have to prove that you will be directly affected by it. This means showing that the rule will cause you a real and immediate injury, and that your interest is related to the rule. If you’re part of a group challenging the rule, you also…

Mr. Jones applied for a license to operate widgets in Florida, but the Board of Widgets denied his application because he had negligence cases filed against him and had disciplinary action taken in another state. He tried to convince the board that he could operate widgets safely, but they still denied his application. The board…

The Florida Administrative Procedure Act (APA) has rules for requesting administrative hearings, and some courts have suggested that these rules should be changed. The APA was originally meant to make it easier for citizens to access government agencies and proceedings. It allows anyone with a stake in an agency decision to request a hearing. The…

The findings of fact are the conclusions reached by a judge after considering all the evidence, deciding who to believe, and making reasonable inferences. If there is enough evidence to support the findings, they cannot be changed. However, if there were problems with how the hearing was conducted, the findings could be rejected. This might…

The Florida Administrative Procedure Act (APA) sets out the procedures for challenging government agency actions. The purpose is to increase public access to agency activities. In practice, there are many different ways to challenge agency actions, and there are different remedies available. The APA has been adjusted over the years to balance public access with…

Hey there! If you’re going to be in a trial-like hearing, here are some important tips for you. First, start gathering evidence right away, because things move fast in these hearings. Also, when you file a motion, make sure to say whether anyone is opposing it. If not, the judge can make a decision without…

Dorothy found herself in a strange kingdom called Administrative Law. She learned that there are three main parts to the kingdom – the legislative estate makes the laws, the judicial estate interprets the laws, and the executive estate enforces the laws. There used to be a fourth part, but it’s not as important now. Dorothy…

In 2007, the Florida Legislature wanted to change some rules about how state agencies make their policies. The governor vetoed the changes because he was worried about unintended problems. So, in 2008, the legislature made some adjustments to the bill and passed it. The changes were meant to make sure that agencies follow the proper…

Florida is in a recession and many businesses are struggling to find work. Some businesses are now looking for projects with the government. Since there’s a lot of competition for these projects, it’s important for businesses to follow the rules and deadlines. There will probably be more arguments over who gets the projects, and the…

This article gives advice for lawyers who are representing clients in hearings with judges at the Division of Administrative Hearings (DOAH). It focuses on how to question witnesses effectively. The article says that it’s important to prepare well before questioning a witness and suggests making a list of questions to ask. This will help the…

Florida’s Constitution guarantees an open and transparent government, meaning that the public has the right to access government records and attend meetings. However, there are some exemptions that make certain meetings and records confidential. Recently, Florida amended the Public Records Act and the Sunshine Law to expand these exemptions, especially regarding information related to government…

This article is about using exhibits in administrative hearings. When preparing for a hearing, lawyers should think about the facts they need to prove and what exhibits they will need to prove those facts. It’s important to plan ahead and not wait until the last minute to gather exhibits. Lawyers should also talk to their…

If someone has a professional license, like for a doctor or lawyer, they should have a fair process before it can be taken away. But in Florida, there are cases where the government can take action right away if there’s a serious danger to the public. I’ve worked on writing these emergency orders for the…