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Florida Statute 120.73 | Lawyer Caselaw & Research
F.S. 120.73 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 120.73

The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
F.S. 120.73
120.73 Circuit court proceedings; declaratory judgments.Nothing in this chapter shall be construed to repeal any provision of the Florida Statutes which grants the right to a proceeding in the circuit court in lieu of an administrative hearing or to divest the circuit courts of jurisdiction to render declaratory judgments under the provisions of chapter 86.
History.s. 11, ch. 75-191; s. 14, ch. 78-425.

F.S. 120.73 on Google Scholar

F.S. 120.73 on Casetext

Amendments to 120.73


Arrestable Offenses / Crimes under Fla. Stat. 120.73
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.73.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLO- SUN, INC. v. R. KIRK, v. R., 783 So. 2d 1029 (Fla. 2001)

. . . grants the right to a proceeding in the circuit court in lieu of an administrative hearing,” see section 120.73 . . .

STATE v. SUN GARDENS CITRUS, LLP II, a a O. Jr., 780 So. 2d 922 (Fla. Dist. Ct. App. 2001)

. . . See § 120.73, Fla. . . .

SOUTH LAKE WORTH INLET DISTRICT, v. TOWN OF OCEAN RIDGE TOWN OF MANALAPAN J. L. C. H. v. TOWN OF OCEAN RIDGE PALM BEACH COUNTY, v. TOWN OF OCEAN RIDGE, 633 So. 2d 79 (Fla. Dist. Ct. App. 1994)

. . . The Florida Administrative Procedures Act, section 120.50-120.73, Florida Statutes (1993), contains a . . . "savings to suitors" provision, which provides: “120.73 Circuit court proceedings; declaratory judgments . . .

FLORIDA SOCIETY OF NEWSPAPER EDITORS, INC. v. FLORIDA PUBLIC SERVICE COMMISSION AT T GTE, 543 So. 2d 1262 (Fla. Dist. Ct. App. 1989)

. . . And section 120.73 provides that nothing in the Administrative Procedures Act may be construed “to repeal . . .

ST. JOE PAPER COMPANY, a St. a a v. FLORIDA DEPARTMENT OF NATURAL RESOURCES,, 536 So. 2d 1119 (Fla. Dist. Ct. App. 1988)

. . . did not intend chapter 120 to replace or restrict the jurisdiction of circuit courts, citing section 120.73 . . .

M. YOUNG, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT,, 524 So. 2d 1071 (Fla. Dist. Ct. App. 1988)

. . . to seek review of the Division’s determination in circuit court pursuant to sections 112.66(4) and 120.73 . . .

FLORIDA EXPORT TOBACCO CO. INC. v. DEPARTMENT OF REVENUE, 510 So. 2d 936 (Fla. Dist. Ct. App. 1987)

. . . Section 120.73 does not under the circumstances at bar permit the circuit court to proceed to judgment . . . categories of issues are generally recognized as authorizing suits in circuit courts under Section 120.73 . . . the petition, this court, among other things, discussed the effect of the 1975 enactment of section 120.73 . . . The court stated that those provisions of 120.73, providing that nothing in Chapter 120 should be construed . . . 562 (Fla. 1st DCA 1977), cert, denied, 358 So.2d 132 (Fla.1978), in which it was held that section 120.73 . . . 1975 the legislature enacted chapter 75-191, § 11, Laws of Florida, which provided language in section 120.73 . . . 336 So.2d at 371-72, Judge Mills succinctly stated the rationale underlying this conclusion: Section 120.73 . . .

LEWIS OIL COMPANY, INC. v. ALACHUA COUNTY,, 496 So. 2d 184 (Fla. Dist. Ct. App. 1986)

. . . That being so, we next observe that section 120.73, Florida Statutes (1985), reads: Nothing in this chapter . . .

CRITERION INSURANCE COMPANY, v. STATE DEPARTMENT OF INSURANCE, 458 So. 2d 22 (Fla. Dist. Ct. App. 1984)

. . . Willis, 344 So.2d 580 (Fla. 1st DCA 1977) was confronted with the following provisions of section 120.73 . . .

EASTERN AIR LINES, INC. v. HILLSBOROUGH COUNTY AVIATION AUTHORITY,, 454 So. 2d 1076 (Fla. Dist. Ct. App. 1984)

. . . The Authority submits that section 562.46 “dovetails” with section 120.73 of the Administrative Procedure . . . Section 120.73 reads: Circuit Court Proceedings; Declaratory Judgments. — Nothing in this chapter shall . . . seek a declaratory judgment in the same court pursuant to section 562.-46 of the Beverage Law, section 120.73 . . .

STATE COMMISSION ON ETHICS, v. SULLIVAN, 430 So. 2d 928 (Fla. Dist. Ct. App. 1983)

. . . If chapter 86 and section 120.73 are given their plain meaning, there can be no doubt that the Sullivans . . . Oaklawn Memorial Park, Inc., 361 So.2d 695 (Fla.1978), section 120.73 itself provides that nothing in . . . Section 120.73, in particular, seems to envisage a procedure whereby the circuit courts through declaratory . . . Section 120.73 and chapter 86 can be read as a legislative vote of confidence in the judgment and discretion . . . constitutional issue may be the most common occasion for judicial intervention, nothing in sections 120.68 and 120.73 . . .

COUNTY OF VOLUSIA, v. CITY OF DAYTONA BEACH,, 420 So. 2d 606 (Fla. Dist. Ct. App. 1982)

. . . Notwithstanding this fact, section 120.73 of the Act provides that the Act does not operate to repeal . . .

KEY HAVEN ASSOCIATED ENTERPRISES, INC. v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, 400 So. 2d 66 (Fla. Dist. Ct. App. 1981)

. . . Florida Statutes, Section 120.73, expressly affords “the right to a proceeding in the Circuit Court in . . . Obviously, Section 120.73 has little or no meaning if constitutional issues must be raised in the administrative . . .

SAN MARCO CONTRACTING COMPANY, v. STATE DEPARTMENT OF TRANSPORTATION,, 386 So. 2d 615 (Fla. Dist. Ct. App. 1980)

. . . Section 120.73, Florida Statutes (1977), states that nothing in the APA shall be construed to repeal . . .

RICE v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 386 So. 2d 844 (Fla. Dist. Ct. App. 1980)

. . . Sections 86.011, 120.73, Florida Statutes (1979). See Gulf Pines, supra fn. 7. . . .

P. COULTER, v. M. DAVIN, 373 So. 2d 423 (Fla. Dist. Ct. App. 1979)

. . . It would not be necessary, for example, to consider the effect in such cases of § 120.73, which provides . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. LEWIS,, 367 So. 2d 1042 (Fla. Dist. Ct. App. 1979)

. . . jurisdiction to render a declaratory decree did lie in the circuit court under Chapter 86, and Section 120.73 . . .

DEPARTMENT OF REVENUE, v. E. JOANOS, In NOS, 364 So. 2d 24 (Fla. Dist. Ct. App. 1978)

. . . Respondent also relies on § 120.73, which provides, in part: “Nothing in this chapter shall be construed . . . Section 120.73 states that nothing in the administrative procedure act ‘shall be construed ... to divest . . .

CARROLLWOOD STATE BANK, v. A. LEWIS, CARROLLWOOD STATE BANK, v. STATE DEPARTMENT OF BANKING AND FINANCE A., 362 So. 2d 110 (Fla. Dist. Ct. App. 1978)

. . . jurisdiction to render a declaratory decree did lie in the circuit court under Chapter 86, and Section 120.73 . . . administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 . . . cases involving legality of any tax assessment or toll’ ” and reciting that by its very terms F.S. 120.73 . . .

GULF PINES MEMORIAL PARK, INC. v. OAKLAWN MEMORIAL PARK, INC. A., 361 So. 2d 695 (Fla. 1978)

. . . Section 120.73 states that nothing in the administrative procedure act “shall be construed ... to divest . . .

DEPARTMENT OF REVENUE v. YOUNG AMERICAN BUILDERS, a, 358 So. 2d 1096 (Fla. Dist. Ct. App. 1978)

. . . administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 . . .

DEPARTMENT OF REVENUE, O D. A. L. A. F. J. Ed v. AMREP CORPORATION, a a a a a a a a a, 358 So. 2d 1343 (Fla. 1978)

. . . By its very terms Section 120.73, Florida Statutes (1975), provides that nothing in Chapter 120, Florida . . . administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 . . .

ADAMS PACKING ASSOCIATION, INC. a Co- Op, a a a a v. FLORIDA DEPARTMENT OF CITRUS,, 352 So. 2d 569 (Fla. Dist. Ct. App. 1977)

. . . relating to seeking declaratory judgments construing agency regulations in the circuit courts, Section 120.73 . . .

DEPARTMENT OF TRANSPORTATION B. Jr. v. W. MOREHOUSE,, 350 So. 2d 529 (Fla. Dist. Ct. App. 1977)

. . . It is also necessary to take note of Section 120.73, effective June 25, 1975. . . . jurisdiction to render a declaratory decree did lie in the circuit court under Chapter 86, and Section 120.73 . . .

UNITED FACULTY OF FLORIDA FEA UNITED, AFT- AFL- CIO v. BRANSON BRANSON v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 350 So. 2d 489 (Fla. Dist. Ct. App. 1977)

. . . provisions of Chapter 86, to which recourse is preserved by the Administrative Procedure Act, Section 120.73 . . . Recourse to the circuit court was preserved by amendment to Section 120.73 in 1975: “Nothing in this . . .

SCHOOL BOARD OF LEON COUNTY, v. S. MITCHELL,, 346 So. 2d 562 (Fla. Dist. Ct. App. 1977)

. . . the central issue in this case is whether, in recognition of the saving clause contained in Section 120.73 . . . repealed Section 120.30, and that no section of the 1975 version of the APA, in particular Section 120.73 . . . We are left with the question of the impact of Section 120.73, Florida Statutes (1975), i. e., the savings . . . Y-303 in this court. . 344 So.2d 580 (Fla. 1st DCA 1977). . § 120.73 provides, in pertinent part: “Nothing . . .

STATE DEPARTMENT OF GENERAL SERVICES v. C. WILLIS, R. Co., 344 So. 2d 580 (Fla. Dist. Ct. App. 1977)

. . . Statutes (Supp.1974) when the 1975 Legislature, by Chapter 75-191, amended Chapter 120 to add Section 120.73 . . . Chapter 75-191, Laws of Florida, Section 120.73, Florida Statutes (1975). . . . The effect of § 120.73, Fla.Stat. (1975), is therefore that chapter 120 shall not “be construed to repeal . . .

CALIFORNIA TRUCKING ASSOCIATION, a v. P. CORCORAN,, 74 F.R.D. 534 (N.D. Cal. 1977)

. . . analysis, comes to the conclusion that “1970 benefits” would cost, as of October 1, 1976, no more than $120.73 . . . Since Campbell’s figure of $120.73 is not even one dollar less than the negotiated figure of $121.72, . . .

DEPARTMENT OF REVENUE, v. S. CRISP A., 337 So. 2d 404 (Fla. Dist. Ct. App. 1976)

. . . administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 . . .

DEPARTMENT OF REVENUE, v. UNIVERSITY SQUARE, INC., 336 So. 2d 371 (Fla. Dist. Ct. App. 1976)

. . . Section 120.73, Florida Statutes, provides that nothing in Chapter 120, Florida Statutes, shall be construed . . . Section 120.73, Florida Statutes, clearly expresses the intent of the Legislature that circuit courts . . .

DEPARTMENT OF REVENUE OF FLORIDA, v. YOUNG AMERICAN BUILDERS, a A., 330 So. 2d 864 (Fla. Dist. Ct. App. 1976)

. . . administrative determination, nor restrict the occasions for judicial consideration of them by reference in § 120.73 . . .

GENERAL CARE CORP. v. FOREHAND, STATE CAPITAL MEDICAL CENTER, INC. v. FOREHAND,, 329 So. 2d 49 (Fla. Dist. Ct. App. 1976)

. . . . § 120.73, Florida Statutes (the Administrative Act) provides in part as follows: “Nothing in this chapter . . .

In CARPENTER,, 363 F. Supp. 218 (W.D. Tenn. 1973)

. . . .-35 and $120.73 for these three notes. . . .

In HELEKER BROS. MERCANTILE CO., 216 F. 963 (D. Kan. 1914)

. . . Omaha, Neb. 120.73 Topeka Woolen Mfg. Co. Topeka • 676.50 Otto Rundberg Co. Chicago 7.39 Geo. P. . . .