The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.63

120.63 Exemption from act.—

(1) Upon application of any agency, the Administration Commission may exempt any process or proceeding governed by this act from one or more requirements of this act:

(a) When the agency head has certified that the requirement would conflict with any provision of federal law or rules with which the agency must comply;

(b) In order to permit persons in the state to receive tax benefits or federal funds under any federal law; or

(c) When the commission has found that conformity with the requirements of the part or parts of this act for which exemption is sought would be so inconvenient or impractical as to defeat the purpose of the agency proceeding involved or the purpose of this act and would not be in the public interest in light of the nature of the intended action and the enabling act or other laws affecting the agency.

(2) The commission may not exempt an agency from any requirement of this act pursuant to this section until it establishes alternative procedures to achieve the agency’s purpose which shall be consistent, insofar as possible, with the intent and purpose of the act.

(a) Prior to the granting of any exemption authorized by this section, the commission shall hold a public hearing after notice given as provided in s. 120.525. Upon the conclusion of the hearing, the commission, through the Executive Office of the Governor, shall issue an order specifically granting or denying the exemption and specifying any processes or proceedings exempted and the extent of the exemption; transmit to the committee and to the Department of State a copy of the petition, a certified copy of the order granting or denying the petition, and a copy of any alternative procedures prescribed; and give notice of the petition and the commission’s response in the Florida Administrative Register.

(b) An exemption and any alternative procedure prescribed shall terminate 90 days following adjournment sine die of the then-current or next regular legislative session after issuance of the exemption order, or upon the effective date of any subsequent legislation incorporating the exemption or any partial exemption related thereto, whichever is earlier. The exemption granted by the commission shall be renewable upon the same or similar facts not more than once. Such renewal shall terminate as would an original exemption.

History.—s. 1, ch. 74-310; s. 11, ch. 76-131; s. 1, ch. 77-53; s. 8, ch. 77-453; s. 87, ch. 79-190; s. 7, ch. 79-299; s. 70, ch. 79-400; s. 58, ch. 81-259; s. 29, ch. 96-159; s. 10, ch. 2013-14.

F.S. 120.63 on Google Scholar

F.S. 120.63 on Casetext

Amendments to 120.63

Arrestable Offenses / Crimes under Fla. Stat. 120.63

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.63.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SURVIVORS CHARTER SCHOOLS, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY,, 968 So. 2d 39 (Fla. Dist. Ct. App. 2007)

. . . Florida Statutes section 120.63 permits exemptions from the APA upon application of an agency under certain . . . , the School Board charter termination process is not expressly exempted from the APA under section 120.63 . . .

FRIENDS OF THE HATCHINEHA, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 580 So. 2d 267 (Fla. Dist. Ct. App. 1991)

. . . appropriate reason for the department to seek a legislative exemption from APA processes, see Section 120.63 . . .

J. LAMBROPOULOS D. v. UNITED STATES,, 18 Cl. Ct. 235 (Cl. Ct. 1989)

. . . On October 5, 1987, the IRS assessed $277.00 in FICA taxes, $138.50 in penalties, and $120.63 in interest . . .

ROTHERMEL, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 441 So. 2d 663 (Fla. Dist. Ct. App. 1983)

. . . that an order entered February 8,1983, by the Florida Administration Commission pursuant to Section 120.63 . . .

H. ROBERSON, v. FLORIDA PAROLE PROBATION COMMISSION, FLORIDA PAROLE PROBATION COMMISSION, v. DISTRICT COURT OF APPEAL, FIRST DISTRICT,, 444 So. 2d 917 (Fla. 1983)

. . . Offender Rehabilitation immediately sought an exemption from the Administration Commission under section 120.63 . . . Florida Administrative Procedure Act: 1974 Revision and 1975 Amendments, 29 U.Miami L.Rev. 617 (1975). . 120.63 . . .

CALOOSA PROPERTY OWNERS ASSOCIATION, INC. v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS,, 429 So. 2d 1260 (Fla. Dist. Ct. App. 1983)

. . . may be exempted in whole or in part from the APA by order of the Administration Commission, Section 120.63 . . .

DANIELS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 401 So. 2d 1351 (Fla. Dist. Ct. App. 1981)

. . . Prior to Section 120.52(10)(d)’s introduction, the Administrative Commission had, pursuant to Section 120.63 . . .

PARKER, v. A. CALIFANO, Jr., 443 F. Supp. 789 (D.D.C. 1978)

. . . $60/hour 465.00 James Altman, Esquire Vi hour X $35/hour 17.50 Subtotal 482.50 Incentive Fee (25%) 120.63 . . .

BUREAU OF COMMUNITY MEDICAL FACILITIES PLANNING OF DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. L. SAMSON P., 341 So. 2d 1071 (Fla. Dist. Ct. App. 1977)

. . . Without deciding that Section 120.63 of the Administrative Procedure Act provides a remedy for the Bureau . . .

J. Ed STRAUGHN, v. F. O RIORDAN,, 338 So. 2d 832 (Fla. 1976)

. . . Department is no longer exempt in any respect unless it applies for and obtains exemption under Section 120.63 . . .

CHUNG- LING YU, v. CRISER, 330 So. 2d 198 (Fla. Dist. Ct. App. 1976)

. . . .) § 120.63) .It is thus significant whether the instant proceeding should have been governed by the . . .