Notice of Appeal from Final Agency Action - Florida

NOTICE OF APPEAL FROM FINAL AGENCY ACTION

Filing Gate

Use this form for judicial review of final Florida agency action. A request for a formal administrative hearing under Fla. Stat. §§ 120.569 and 120.57 is a different, pre-final procedure and is not initiated with this notice.

Fla. Stat. § 120.68(2)(a) requires proceedings to be instituted under the Florida Rules of Appellate Procedure within 30 days after rendition of the order. Judicial review lies in the appellate district where the agency maintains its headquarters, where a party resides, or as otherwise provided by law.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

[________] DISTRICT

Agency Case No.: [________________________________]

NOTICE OF APPEAL

Notice is given that [________________________________] seeks review of the final agency action rendered on [__/__/____] in Agency Case No. [________________________________].

The order to be reviewed is titled [________________________________]. A conformed copy is attached.

The basis for review is Fla. Stat. § 120.68 and Fla. R. App. P. 9.190.

Dated: [__/__/____]

Signature: ______________________________
[Attorney Name], Florida Bar No. [________]
[Law Firm / Address / Telephone / Email]
Attorney for [________________________________]

Certificate of Service

I certify that a true copy was served on the agency clerk and every party required by the Florida Rules of Appellate Procedure on [__/__/____] by [________________________________].

Signature: ______________________________

Review Issues Worksheet

Judicial review is confined to the transmitted record, subject to the limited additions allowed by Fla. Stat. § 120.68(7)(a).

Potential statutory grounds include:

☐ A material disputed fact required a hearing that was not provided.
☐ A finding of fact lacks competent, substantial evidence in the hearing record.
☐ A material procedural error impaired the fairness or correctness of the action.
☐ The agency erroneously interpreted law and the correct interpretation compels a particular action.
☐ The agency exercised discretion outside its delegated range, inconsistently with rule or stated policy without explanation, or contrary to constitutional or statutory law.

Record citations and explanation: [________________________________]

Stay / Supersedeas Worksheet

Filing does not itself stay enforcement. Fla. Stat. § 120.68(3).

☐ Request stay from agency
☐ Request stay or supersedeas from reviewing court
☐ Order suspends or revokes a license; evaluate the statutory right to supersedeas on reasonable conditions and the health, safety, or welfare exception

Requested terms and supporting facts: [________________________________]

Relief Requested in Briefing

The reviewing court may set aside or remand agency action, order action required by law, decide rights at issue, and grant necessary ancillary relief as authorized by Fla. Stat. § 120.68(6)-(8).

Requested disposition: [________________________________]

Filing Checklist

☐ Confirmed the order is final agency action
☐ Calculated rendition under the current appellate rules
☐ Filed within 30 days
☐ Selected the correct appellate district
☐ Used the filing method required by Fla. R. App. P. 9.190
☐ Attached the order under review
☐ Served all required recipients
☐ Ordered or designated the record as required
☐ Filed a separate stay motion if enforcement must be suspended

Sources and References

• Fla. Stat. § 120.68: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.68.html
• Florida Rules of Appellate Procedure, Rule 9.190: https://flcourts-media.flcourts.gov/content/download/219033/file/appellate-court-procedures.pdf