Category: Florida BAR article

A veterinarian adopted a dog named Padi, who was abused and left with an embedded collar. One day, the dog bit a boy’s ear when he tried to play with him at the veterinarian’s office. The incident led to a legal case that lasted a year. After much concern from the community and involvement of…

The Animal Welfare Act (AWA) is a federal law that sets standards for the humane care and treatment of certain animals in places like zoos and research labs. The law is enforced by the U.S. Department of Agriculture through inspections and investigations. It doesn’t cover farm animals or certain animals used in research. The goal…

In Florida federal and state courts, both civil and criminal jury trials have a rule that says if you want to complain about something that happened in the trial, you need to speak up right away. If you don’t, the appellate court will only consider it if it was a really big mistake. So, it’s…

In workers’ comp cases, if a court denies the defendant’s right to immunity, they can immediately appeal. This right allows them to challenge the decision before the case is finished. It’s important to understand the purpose and history of this right, as well as the types of orders that can be appealed. The workers’ compensation…

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…

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…

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…

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…

Public officials have a duty to conduct meetings in the open. But sometimes they need to discuss private business information, like trade secrets, with vendors. This creates a conflict between being open and protecting these secrets. As the government does more business with private companies, this conflict becomes more important to resolve. When companies want…

The separation of powers is a basic rule that divides the government’s power into three parts: the people who make the laws, the people who enforce the laws, and the people who interpret the laws. This division stops one group from having too much power. It also stops the legislature from giving its powers to…

In Florida, there’s a government organization called the Division of Administrative Hearings that helps resolve disputes between people and government agencies. It’s important for making sure everyone gets a fair chance to be heard. It’s not always the fastest way to solve problems, but it’s necessary to keep the government from becoming too powerful. This…

The Florida Legislature and courts have been arguing about how much power government agencies should have to make rules. The Legislature limited agency rulemaking power in 1996 and 1999, but recent court decisions suggest that agencies should have more freedom. The 1996 change said that agencies can only make rules that relate to their specific…

The recent decision in Friends of Nassau County, Inc., v. Nassau County addressed what constitutes a bad faith or frivolous administrative petition under the Florida Administrative Procedure Act. The court debated whether to use an objective or subjective analysis to determine if a petition was brought for an improper purpose. The current Florida APA has…

You finished two years of law school and are applying to join The Florida Bar. However, you have to disclose some not-so-great things on your application, like misdemeanor convictions and financial problems. You need to be honest about these issues and may have to attend a hearing to explain everything. After the hearing, the board…

Equitable tolling in administrative law allows a person to file a claim even if they missed the deadline because they didn’t know about it or were prevented from filing on time. In Florida, this doctrine has been applied when a person was misled or prevented from asserting their rights. In a specific case, a person…