Administrative Hearing Request Packet - Florida

ADMINISTRATIVE HEARING REQUEST PACKET — FLORIDA

Petition for Administrative Hearing, Cover Letter, and Practice Guide

Pursuant to Florida Administrative Procedure Act (Fla. Stat. Ch. 120) and Uniform Rules of Procedure (Fla. Admin. Code Ch. 28-106)

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Petition for Formal Administrative Hearing (Section 120.57(1))
3. Alternative: Petition for Informal Hearing (Section 120.57(2))
4. Statement of Issues / Grounds for Hearing
5. Agency Identification and DOAH Referral
6. Filing Instructions
7. Deadlines and Timeline
8. Discovery and Evidence Rules
9. Pre-Hearing Conference Procedures
10. Hearing Procedures and Rules of Evidence
11. Post-Hearing Briefs and Procedures
12. Appeal Rights from Administrative Decision
13. Document Checklist
14. Practice Tips for Florida Administrative Hearings
15. Sources and References

1. HEARING REQUEST COVER LETTER

[Date: __/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / ELECTRONIC FILING / AGENCY E-FILING PORTAL]

[________________________________]
[Agency Clerk / Agency Name]
[________________________________]
[Agency Address Line 1]
[________________________________]
[Agency Address Line 2]
[________________________________]
[City, Florida ZIP]

RE:     Petition for Administrative Hearing
        Petitioner: [________________________________]
        Agency Case No.: [________________________________]
        Agency Action: [________________________________]
        Date of Agency Action: [__/__/____]

Dear Agency Clerk:

Pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Rules
28-106.201 and 28-106.2015, Florida Administrative Code, the undersigned
hereby files this Petition for Formal Administrative Hearing on behalf
of [________________________________] ("Petitioner") to contest the
[________________________________] [describe action: denial, revocation,
suspension, fine, order, proposed rule, etc.] issued by [________________________________]
[Agency Name] on [__/__/____].

Petitioner received written notice of the agency action on [__/__/____].
This petition is timely filed within the twenty-one (21) day period
prescribed by Rule 28-106.111, Florida Administrative Code [or cite
the specific time period in the agency notice, if different].

There are disputed issues of material fact requiring a formal hearing
under Section 120.57(1), Florida Statutes. Petitioner respectfully
requests that this matter be referred to the Division of Administrative
Hearings (DOAH) for assignment to an Administrative Law Judge.

Enclosed please find:
  1. Petition for Formal Administrative Hearing
  2. Statement of Disputed Issues of Material Fact
  3. Copy of Agency Action / Notice of Rights
  4. Proof of Service
  5. [Additional: ________________________________]

Please acknowledge receipt and forward this petition to DOAH within
fifteen (15) days as required by Section 120.569(2)(a), Florida Statutes.

Please direct all communications regarding this matter to:

[________________________________]
[Attorney Name]
[________________________________]
[Florida Bar No.]
[________________________________]
[Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, Florida ZIP]
Phone: [________________________________]
Fax: [________________________________]
Email: [________________________________]

Respectfully submitted,

____________________________________
[Signature]
[Printed Name]
Florida Bar No.: [________________________________]
Date: [__/__/____]

2. PETITION FOR FORMAL ADMINISTRATIVE HEARING (§ 120.57(1))

BEFORE THE [________________________________] [Agency Name]

STATE OF FLORIDA

In Re:

[________________________________]
Petitioner,

Agency Case No.: [________________________________]

PETITION FOR FORMAL ADMINISTRATIVE HEARING

Petitioner, [________________________________], by and through undersigned counsel, hereby petitions for a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Rule 28-106.201, Florida Administrative Code, and states as follows:

I. IDENTIFICATION OF PARTIES AND AGENCY

1. Petitioner:
   - Name: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Fax: [________________________________]
   - Email: [________________________________]

2. Petitioner's Representative:
   - Attorney Name: [________________________________]
   - Florida Bar No.: [________________________________]
   - Firm: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Fax: [________________________________]
   - Email: [________________________________]
   (This address shall serve as the address for service during the course of this proceeding.)

3. Respondent Agency:
   - Agency Name: [________________________________]
   - Agency File or Identification Number: [________________________________]
   - Agency Clerk Address: [________________________________]
   - City, State, ZIP: [________________________________]

II. STATEMENT OF AGENCY ACTION

4. Petitioner received written notice of the agency's proposed action on [__/__/____], by [________________________________] [describe method: personal service, certified mail, publication, etc.].

5. The agency action at issue is: [________________________________]
   [________________________________]
   [________________________________]

6. The agency's file or identification number, if known, is: [________________________________]

III. SUBSTANTIAL INTERESTS AFFECTED

7. Petitioner's substantial interests are affected by the agency action in the following manner:
   [________________________________]
   [________________________________]
   [________________________________]
   [________________________________]

IV. DISPUTED ISSUES OF MATERIAL FACT

8. The following are the disputed issues of material fact that require a formal hearing:

a. [________________________________]
[________________________________]

b. [________________________________]
[________________________________]

c. [________________________________]
[________________________________]

d. [________________________________]
[________________________________]

V. CONCISE STATEMENT OF ULTIMATE FACTS

9. The ultimate facts alleged as a basis for this petition are:
   [________________________________]
   [________________________________]
   [________________________________]
   [________________________________]
   [________________________________]
   [________________________________]

VI. STATUTES AND RULES AT ISSUE

10. The following statutes and rules are at issue in this proceeding:
    - [________________________________]
    - [________________________________]
    - [________________________________]
    - [________________________________]

VII. RELIEF REQUESTED

11. Petitioner requests the following relief:

☐ Referral to DOAH for formal hearing before an Administrative Law Judge
☐ Reversal/dismissal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Stay of agency action pending hearing
☐ Award of attorney fees and costs pursuant to § 120.595, Fla. Stat.
☐ Other: [________________________________]

VIII. OTHER INFORMATION

12. Additional information required by the agency or relevant to this petition:
    [________________________________]
    [________________________________]

WHEREFORE, Petitioner respectfully requests that this matter be referred to the Division of Administrative Hearings for assignment to an Administrative Law Judge, and that following a formal hearing, the Administrative Law Judge enter a Recommended Order in Petitioner's favor.

Respectfully submitted,

____________________________________
[Attorney Name]
Florida Bar No.: [________________________________]
[Firm Name]
[Address]
[City, Florida ZIP]
Phone: [________________________________]
Email: [________________________________]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by [________________________________] [hand delivery / U.S. Mail / email] on [__/__/____] to:

[________________________________]
[Agency Counsel Name and Address]

____________________________________
[Attorney Signature]

3. ALTERNATIVE: PETITION FOR INFORMAL HEARING (§ 120.57(2))

When to Use an Informal Hearing Petition

An informal hearing under Section 120.57(2) is appropriate when:

• There are NO disputed issues of material fact
• The party seeks to challenge the agency's application of law or policy to undisputed facts
• The party contests the agency's interpretation of a rule or statute

Required Contents of Informal Hearing Petition (Rule 28-106.301, F.A.C.):

☐ Name and address of the agency and its file/identification number
☐ Name, address, email, fax, and phone of petitioner and representative
☐ Explanation of how substantial interests will be affected
☐ Statement of when and how notice was received
☐ Statement that no disputed issues of material fact exist
☐ Concise statement of the ultimate facts
☐ Statement of specific rules or statutes at issue
☐ All other information the petitioner believes is relevant

IMPORTANT: If the agency determines that disputed issues of material fact exist after receiving an informal hearing petition, the agency must refer the matter to DOAH for a formal hearing under § 120.57(1).

4. STATEMENT OF ISSUES / GROUNDS FOR HEARING

DETAILED STATEMENT OF DISPUTED ISSUES

Disputed Issue of Material Fact No. 1:

• Factual Assertion by Agency: [________________________________]
• Petitioner's Contrary Position: [________________________________]
• Evidence Supporting Petitioner's Position: [________________________________]
• Applicable Law: [________________________________]

Disputed Issue of Material Fact No. 2:

• Factual Assertion by Agency: [________________________________]
• Petitioner's Contrary Position: [________________________________]
• Evidence Supporting Petitioner's Position: [________________________________]
• Applicable Law: [________________________________]

Disputed Issue of Material Fact No. 3:

• Factual Assertion by Agency: [________________________________]
• Petitioner's Contrary Position: [________________________________]
• Evidence Supporting Petitioner's Position: [________________________________]
• Applicable Law: [________________________________]

5. AGENCY IDENTIFICATION AND DOAH REFERRAL

Florida Division of Administrative Hearings (DOAH)

Florida is unique in having a centralized, independent Division of Administrative Hearings (DOAH) that conducts formal administrative hearings for virtually all state agencies.

DOAH Contact Information:

• Division of Administrative Hearings
• 1230 Apalachee Parkway
• Tallahassee, Florida 32399-3060
• Phone: (850) 488-9675
• Fax: (850) 921-6847
• Website: https://www.doah.state.fl.us
• E-Filing: https://www.doah.state.fl.us/ALJ/

Referral Process:

1. The petition is filed with the agency (not directly with DOAH)
2. The agency reviews the petition for compliance with Rule 28-106.201
3. If the petition is in substantial compliance, the agency refers it to DOAH within 15 days (§ 120.569(2)(a))
4. DOAH assigns an Administrative Law Judge (ALJ)
5. The ALJ issues an Initial Order and schedules proceedings

Common Referring Agencies:

6. FILING INSTRUCTIONS

How to File a Petition for Administrative Hearing in Florida

Step 1: File the Petition with the Agency (NOT with DOAH)

• The petition must be filed with the agency that took the action, not directly with DOAH
• File with the agency clerk at the address specified in the Notice of Rights

Accepted Filing Methods:

☐ E-Filing: Many agencies have electronic filing portals
☐ Hand Delivery: To the agency clerk during business hours
☐ U.S. Mail: Certified mail, return receipt requested (recommended)
☐ Fax: If permitted by the agency and within page limits
☐ Email: If specifically authorized by the agency

Step 2: Petition Must Be in Substantial Compliance

Under Rule 28-106.201(2), F.A.C., if the petition is not in substantial compliance with requirements, it shall be dismissed — but dismissal is without prejudice to filing a timely amended petition curing the defect, unless the defect is incurable on the face of the petition.

Step 3: Agency Review and Referral to DOAH

• The agency must grant or deny the request for hearing within 15 days of receipt
• If the agency requests an ALJ from DOAH, it must notify DOAH electronically within 15 days of receiving the petition (§ 120.569(2)(a))
• The agency must transmit the petition, any response, and relevant documents to DOAH

Step 4: Filing Fees

• Florida does not charge a filing fee for petitions for administrative hearing
• However, parties are responsible for their own costs, including deposition expenses, transcript costs, and witness fees

7. DEADLINES AND TIMELINE

Critical Florida Administrative Hearing Deadlines

Petition Filing Deadline:

• Default: 21 days from receipt of written notice of the agency action (Rule 28-106.111, F.A.C.)
• The agency notice may specify a different deadline — always check the Notice of Rights
• Bid protests (§ 120.57(3)): 72 hours from posting of notice of decision/intent to award (for notice of intent to protest); full formal written protest within 10 days after filing the notice of intent to protest

Timeline After Filing:

8. DISCOVERY AND EVIDENCE RULES

Discovery in Florida Administrative Proceedings

Statutory Authority:

Discovery in Florida administrative proceedings is governed by Rule 28-106.206, F.A.C., which incorporates the Florida Rules of Civil Procedure, Rules 1.280-1.400.

Available Discovery Methods:

☐ Interrogatories (Fla. R. Civ. P. 1.340)
☐ Requests for Production of Documents (Fla. R. Civ. P. 1.350)
☐ Requests for Admission (Fla. R. Civ. P. 1.370)
☐ Depositions (Fla. R. Civ. P. 1.310)
☐ Subpoenas (Rule 28-106.212, F.A.C.)
☐ Inspection of documents and things

Key Discovery Rules:

1. Discovery must be completed 5 days before the hearing date unless good cause for extension is shown (R. 28-106.206(1))
2. The ALJ may issue discovery orders and impose sanctions (except contempt)
3. Discovery disputes are resolved by the ALJ
4. Parties should begin discovery immediately upon case referral to DOAH

Subpoenas (Rule 28-106.212, F.A.C.):

• The ALJ shall issue subpoenas upon request for deposition or hearing testimony
• The requesting party must specify whether documents are required (subpoena duces tecum)
• Subpoenas are enforceable by the circuit court in which the witness resides
• Form subpoenas are available from DOAH

Pre-Hearing Stipulation (Rule 28-106.209, F.A.C.):

The ALJ may direct parties to confer prior to hearing to:
☐ Simplify issues
☐ Examine and stipulate to documents and exhibits
☐ Exchange witness lists
☐ Enter a pre-hearing stipulation
☐ Address other matters to expedite the proceeding

9. PRE-HEARING CONFERENCE PROCEDURES

Florida Pre-Hearing Conference Practice

Initial Order:

After DOAH receives the referral, the ALJ issues an Initial Order requiring the parties to confer and provide:

• Available hearing dates
• Estimated hearing time
• Number of witnesses
• Whether mediation or settlement is possible
• Other preliminary matters

Scheduling the Hearing:

• The ALJ schedules the hearing based on party responses to the Initial Order
• Hearings are typically held in Tallahassee or in the geographic area where the dispute arose
• Video or telephone hearings may be available

Pre-Hearing Conference Topics:

☐ Identification and simplification of disputed issues
☐ Stipulations of fact and law
☐ Exchange of witness lists and exhibits
☐ Scheduling of remaining discovery
☐ Pending and anticipated motions
☐ Settlement or alternative dispute resolution
☐ Estimated length of hearing
☐ Accommodations for witnesses or parties
☐ Technology requirements (video, telephone, exhibits)

Pre-Hearing Stipulation:

The ALJ may require the parties to file a Joint Pre-Hearing Stipulation addressing:
☐ Admitted facts
☐ Disputed issues of material fact
☐ Disputed issues of law
☐ Witness list (with brief summary of testimony)
☐ Exhibit list (with notation of stipulated vs. contested exhibits)
☐ Estimated hearing time

Motions:

Common pre-hearing motions include:
☐ Motion to Dismiss (for failure to state a cause of action)
☐ Motion for Summary Recommended Order (R. 28-106.204)
☐ Motion to Compel Discovery
☐ Motion in Limine (to exclude evidence)
☐ Motion to Continue
☐ Motion for Protective Order
☐ Motion to Intervene (§ 120.569(2)(e))

10. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Formal Hearings Under § 120.57(1)

Location:

• Hearings are conducted at a location in the state designated by the ALJ
• Typically in Tallahassee or the district where the controversy arose
• The ALJ may authorize remote participation via video or telephone

Parties' Rights:

☐ Right to be represented by counsel or a qualified representative
☐ Right to present evidence and argument
☐ Right to cross-examine witnesses
☐ Right to submit rebuttal evidence
☐ Right to file proposed recommended orders
☐ Right to respond to the agency's exceptions to the recommended order

Rules of Evidence (§ 120.569(2)(g)):

• Irrelevant, immaterial, or unduly repetitious evidence shall be excluded
• Hearsay evidence may be used to supplement or explain other evidence, but hearsay alone is not sufficient to support a finding of fact unless it would be admissible over objection in a civil action (§ 120.57(1)(c))
• Similar fact evidence of other violations, wrongs, or acts is admissible when relevant
• The ALJ controls the admission and exclusion of evidence
• Florida Evidence Code provisions apply to the extent consistent with the APA

Burden of Proof:

• In license discipline cases: The agency bears the burden of proof by clear and convincing evidence (Dep't of Banking & Finance v. Osborne Stern & Co.)
• In license denial cases: The applicant bears the burden of proving entitlement
• In environmental permitting: The applicant bears the burden of demonstrating compliance with permitting criteria
• Default standard: Preponderance of the evidence unless statute provides otherwise

Order of Proceedings:

1. Preliminary matters (qualification of representatives, sequestration of witnesses)
2. Opening statements
3. Party with burden of proof presents case-in-chief
4. Cross-examination
5. Responding party presents evidence
6. Cross-examination
7. Rebuttal evidence
8. Closing arguments (oral or written, as directed by ALJ)
9. Record closes

Official Recognition:

The ALJ may take official recognition of matters permitted by § 120.569(2)(i), including judicially noticed facts, Florida statutes and rules, and federal statutes and regulations.

11. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Practice at DOAH

Proposed Recommended Orders (PROs):

• The ALJ typically orders the parties to file PROs within a specified period after the hearing (commonly 10-30 days)
• PROs shall contain proposed findings of fact and conclusions of law
• The ALJ must rule on each proposed finding of fact in the Recommended Order by specifically accepting, rejecting, or modifying each finding, with a statement of the reasons therefor

Recommended Order:

The ALJ issues a Recommended Order that includes:

• Findings of fact
• Conclusions of law
• A recommendation for agency action

Agency Final Order (§ 120.57(1)(k)-(l)):

• The agency issues the Final Order based on the Recommended Order
• The agency may not reject or modify findings of fact unless it determines that the findings are not based on competent substantial evidence
• The agency may reject or modify conclusions of law and interpretation of administrative rules if it states with particularity its reasons and makes a finding that its substituted conclusion is as or more reasonable than the ALJ's
• If the agency rejects the ALJ's findings of fact, the agency must state with specificity its basis for rejection in the Final Order

Exceptions:

• Parties may file exceptions to the Recommended Order within 15 days (or as specified by the agency)
• Exceptions must identify specific portions of the Recommended Order that are challenged
• Responses to exceptions may be filed

Agency Final Order Deadline:

• The agency must render its final order within 90 days of the Recommended Order or the parties' last authorized filing, whichever is later (§ 120.569(2)(l))

12. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under § 120.68

Right to Appeal:

Any party to a proceeding under § 120.57 who is adversely affected by a final agency order may seek judicial review.

Where to File:

• District Court of Appeal in the appellate district where the agency maintains its headquarters, OR
• In the appellate district where a party resides, OR
• As otherwise provided by law

Filing Deadline:

• A notice of appeal must be filed within 30 days of rendition of the final agency order (Fla. R. App. P. 9.110(b))

Standard of Review (§ 120.68(7)):

The court shall:
☐ Remand if the fairness of the proceedings or correctness of the action may have been impaired by a material error in procedure or failure to follow prescribed procedure
☐ Set aside agency action if the court finds that it depends on any finding of fact that is not supported by competent substantial evidence in the record
☐ Set aside agency action if it is otherwise in violation of a constitutional or statutory provision, in excess of statutory authority, made upon unlawful procedure, or clearly erroneous as a matter of law

Stay Pending Review:

• A party may seek a stay of the final agency order pending judicial review
• File a motion for stay with the district court of appeal
• Automatic stays apply in certain circumstances (e.g., professional license suspensions may require a supersedeas bond)

Attorney Fees (§ 120.595):

• The court may award reasonable attorney fees and costs to the prevailing party in certain administrative proceedings
• Available when a non-prevailing party participated for an improper purpose (frivolous, harassment, or delay)
• Also available in certain small business party contexts

13. DOCUMENT CHECKLIST

Florida Administrative Hearing — Filing Checklist

Pre-Filing Preparation:

☐ Obtained and reviewed the agency notice/proposed action
☐ Reviewed the Notice of Rights in the agency action
☐ Identified the 21-day filing deadline (or deadline stated in notice)
☐ Determined whether disputed issues of material fact exist (formal vs. informal)
☐ Identified the correct agency clerk for filing
☐ Retained Florida counsel or determined to proceed pro se

Petition Package — Required Contents (Rule 28-106.201, F.A.C.):

☐ Name and address of each agency affected and agency file/identification number
☐ Name, address, email, fax, and phone of petitioner (if unrepresented)
☐ Name, address, email, fax, and phone of petitioner's representative
☐ Explanation of how petitioner's substantial interests are affected
☐ Statement of when and how petitioner received notice
☐ Statement of all disputed issues of material fact (with concise statement of ultimate facts)
☐ Reference to statutes and rules requiring reversal or modification
☐ All other information petitioner contends is relevant
☐ Demand for relief

Additional Filing Materials:

☐ Cover letter requesting referral to DOAH
☐ Copy of the agency action/notice being contested
☐ Certificate of Service
☐ Proof of service on agency counsel

Post-Filing Actions:

☐ Confirmed receipt of petition by the agency
☐ Verified agency referral to DOAH within 15 days
☐ Reviewed ALJ's Initial Order and responded within 5 days
☐ Calendared hearing date and discovery deadlines
☐ Commenced discovery immediately
☐ Prepared witness list and exhibit list
☐ Filed Joint Pre-Hearing Stipulation (if required)
☐ Subpoenaed witnesses and documents
☐ Prepared opening statement and case presentation
☐ Arranged for court reporter (if supplemental to DOAH recording)
☐ Calendared PRO filing deadline
☐ Calendared 30-day appeal deadline from final agency order

14. PRACTICE TIPS FOR FLORIDA ADMINISTRATIVE HEARINGS

Strategic Considerations for DOAH Practice

1. File with the Agency, Not DOAH: A common mistake is filing the petition directly with DOAH. The petition must be filed with the agency that took the action. The agency then refers to DOAH.

2. Substantial Compliance Is Mandatory: Under Rule 28-106.201(2), a petition not in substantial compliance shall be dismissed. However, dismissal is without prejudice to filing a timely amended petition, unless the defect is incurable. If you receive a dismissal, cure deficiencies and refile immediately if within the deadline.

3. The 21-Day Clock Is Critical: The default 21-day filing period runs from "receipt" of written notice. If the notice does not contain a clear point of entry (statement of rights), the time period may not have started to run. Always check the Notice of Rights.

4. Disputed Issues of Material Fact: You must specifically identify disputed issues of material fact in the petition. Vague or conclusory statements are insufficient. Describe what facts you dispute and why they are material.

5. Hearsay Limitations: Unlike many other states, Florida restricts the use of hearsay in formal administrative hearings. Hearsay alone cannot support a finding of fact unless it would be admissible over objection in a civil action. Build your case with direct, competent evidence.

6. Clear and Convincing Evidence Standard: In professional discipline cases, the agency must prove its case by clear and convincing evidence — a higher standard than preponderance. Hold the agency to this standard.

7. Discovery Is Broad: Florida administrative proceedings incorporate the Florida Rules of Civil Procedure for discovery (Rules 1.280-1.400). Use discovery aggressively to obtain agency records, witness statements, and investigative files.

8. ALJ Findings of Fact Are Protected: Under § 120.57(1)(l), the agency may not reject or modify the ALJ's findings of fact unless the agency determines the findings are not based on competent substantial evidence. This makes the hearing before the ALJ critically important.

9. Proposed Recommended Orders: Take PROs seriously. The ALJ must specifically rule on each proposed finding. Well-drafted proposed findings that are supported by record evidence are frequently adopted by the ALJ.

10. Bid Protest Procedures (§ 120.57(3)): Bid protests have extremely compressed timelines. The notice of intent to protest must be filed within 72 hours, and the formal written protest within 10 days. A bond or cashier's check may be required.

11. Mediation and Settlement: DOAH ALJs encourage settlement. Consider mediation early. Negotiate from a position of preparedness.

12. Electronic Filing: DOAH accepts electronic filing. Check the DOAH website for e-filing instructions and format requirements.

13. Intervention: Third parties whose substantial interests may be affected may intervene under § 120.569(2)(e). File a petition to intervene early if representing an intervenor.

14. Expert Witnesses: In complex technical cases (environmental, health care, professional standards), expert testimony is often essential. Designate experts early and comply with disclosure requirements.

15. SOURCES AND REFERENCES

Florida Statutes

• Florida Administrative Procedure Act: Fla. Stat. Ch. 120
• § 120.52: Definitions
• § 120.54: Rulemaking
• § 120.569: Decisions Which Affect Substantial Interests
• § 120.57(1): Formal Hearing (Disputed Issues of Material Fact)
• § 120.57(2): Informal Hearing (No Disputed Issues of Material Fact)
• § 120.57(3): Bid Protest Proceedings
• § 120.595: Attorney Fees
• § 120.68: Judicial Review
• § 120.69: Enforcement

Florida Administrative Code

• Uniform Rules of Procedure: Fla. Admin. Code Ch. 28-106
• R. 28-106.111: Time Limitations
• R. 28-106.201: Initiation of Proceedings (Formal)
• R. 28-106.204: Summary Hearing
• R. 28-106.205: Initial Order
• R. 28-106.206: Discovery
• R. 28-106.209: Pre-Hearing Conference
• R. 28-106.211: Evidence
• R. 28-106.212: Subpoenas
• R. 28-106.215: Recommended Orders
• R. 28-106.217: Exceptions
• R. 28-106.301: Initiation of Proceedings (Informal)

Online Resources

• Division of Administrative Hearings (DOAH): https://www.doah.state.fl.us
• Florida Statutes Online: http://www.leg.state.fl.us/statutes/
• Florida Administrative Code: https://www.flrules.org
• Florida Bar Administrative Law Section: https://flbaradminlaw.org
• Joint Administrative Procedures Committee: https://www.japc.state.fl.us

Key Case Law

• Dep't of Banking & Finance v. Osborne Stern & Co., 670 So. 2d 932 (Fla. 1996) (clear and convincing evidence standard in license discipline)
• Balino v. Dep't of HRS, 348 So. 2d 349 (Fla. 1st DCA 1977) (party asserting affirmative bears burden of proof)
• Heifetz v. Dep't of Business Regulation, 475 So. 2d 1277 (Fla. 1st DCA 1985) (competent substantial evidence standard)

This template is provided for informational purposes only and does not constitute legal advice. Florida administrative procedure law is complex and frequently amended. Always consult with a qualified Florida attorney and verify current statutes, rules, and DOAH procedures before filing. Last updated: 2026-03-07.