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Publications 2018-09-20T20:24:17+00:00

CURRENT NEWSLETTER

September 2018

Paula Savchenko, “Rule Challenges Sprout from the Growing Florida Medical Marijuana Industry”

NEWSLETTER ARCHIVES

(1996 – Present)

Larry Sellers, “2018 Legislative Update: Another Quiet Year.”

Bruce Culpepper, “The Use of the Florida Evidence Code in Administrative Hearings in Light of Florida Industrial Power Users Group v. Graham.”

Marc Ito, “Evidence at DOAH for Attorneys New to Administrative Practice, Part 2”

Marc Ito, “Evidence at DOAH for Attorneys New to Administrative Practice, Part 1”

Virginia Ponder, “Titans of Administrative Law”

Suzanne Van Wyk, “Closing the Justice Gap: Qualified Representatives?”

Richard J. Shoop, “The Importance of Always Being Nice As it Relates to Professionalism”

John G. Van Laningham, “Practice Pointers”

H.French Brown, IV and Larry Sellers, “The 2016 Amendments to the APA: Say Goodbye to United Wisconsin–and More”

Donna E. Blanton, “Court Provides Fresh Look at Disqualifying an Agency Head for Bias, Prejudice, or Interest”

Sidney C. Bigham, III, “Chapter 120 Burden Shifting in Third Party Challenges To Environmental Regulatory Authorizations”

H. French Brown, IV and Larry Sellers, “2015 Amendments to the APA: Agency Regulatory Plans, Indexing–and Another Veto!”

Gar Chisenhall, “Petitions For Review: Getting The Final Word On Non-Final Orders”

Richard J. Shoop, “The Move Toward a Single Repository for Agency Final Orders: An Update from the Ad Hoc Orders Access Committee”

Brittany Adams Long, “Standing in Rule Challenges After Office of Insurance Regulation & Financial Services Commission v. Secure Enterprises, LLC”

Brent McNeal, “House Bill 7073: The Creation of the Agency for State Technology”

Larry Sellers and Gigi Rollini, “Appellate Case Notes”

William Furlow, “Emergency Suspension Orders of Professional Licenses”

Introduction by Linda Rigot and Elizabeth McArthur, Compiled by Elizabeth McArthur, “THE SECRET CHAIR: a tribute to Jackie Werndli”

Brittany Adams Long and Donna E. Blanton, “2013 Legislative Changes Impacting Government Contracting and Procurement”
D. Bruce May, Jr., “The Non-Delegation Doctrine in Public Utility Law: Lessons from the Supreme Court’s Recent Decision on Florida’s Nuclear Cost Recovery Statute”

Suzanne Van Wyk, “A Different Perspective”
Jowanna N. Oates, “Access to Agency Final Orders”

Paul H. Amundsen, “Attention! Amendments to the Uniform Rules of Procedure Take Effect!”

Gar Chisenhall, “Writing and Challenging Emergency Orders”

Eric H. Miller, “Once More Unto The Breach: The Legislature Turns Again to Improving Regulatory Oversight”
Patricia Nelson, “(Re)Introducing the Rules Ombudsman: Evaluating 2012 HB 541 & HB 7043”

Lawrence E. Sellers, Jr, “The 2012 Amendments to the APA: The Legislature Responds to Whiley–and More”
Garnett Chisenhall, “Practice Tips for Private Attorneys New to Administrative Law”

Amy Wells Brennan and Adrienne Ellen Vining, “Recent Amendments to Section 120.569, Florida Statutes – ALJ Says Documentary Evidence is Sufficient Alone to Support a Prima Facie Case”
Garnett Chisenhall, “What One Can (and Can’t) Do with An Unfavorable Recommended Order”

Lawrence E. Sellers, Jr., “Governor’s Rules Freeze: Supreme Court Says Legislative Power Trumps “Supreme Executive Power”
Richard J. Shoop, “What Does an Agency Do with a Rule That is Both Unrepealable and Invalid? One Case’s Solution to This Vexing Problem ”

Eric H. Miller, “HB 7253 & HB 993: The Legislature’s Policy of Economic Review and the 2011 Amendments to the APA”
Lawrence E. Sellers, Jr., “Governor’s Rules Freeze Draws Legal Challenge: Governor Asserts “Supreme Executive Power””

Patricia Nelson, “Now What Do We Do? An Agency Perspective on Rulemaking After HB 1565(and Executive Order 11-01)”

Lawrence E. Sellers, Jr., “The 2010 Amendments to the APA: Legislature Overrides Veto of Law to Require Legislative Ratification of “Million Dollar Rules””
Bonnie Wilmot, “DBPR’s New Streamlined Due Process: A Violation of Rights or Wave of the Future?”

Scott Boyd, ” Attack on the Clones: The APA’s New Provisions on Referential Rulemaking”

Donna E. Blanton, “Rules, Orders, and “Exempt Decisions”: An ALJ Defines a New Category of Agency Decisionmaking”

Karen D. Walker, “Area Agencies on Aging and the APA: The Saga Continues”

Fred R. Dudley, “The New Role of a Statement of Estimated Regulatory Costs in the Rulemaking Process”

David C. Hawkins, “The APA Provides a Remedy Overlooked by Employers Who Receive a Stop-Work Order from the Department of Financial Services”

Larry Sellers, “The 2009 Amendments to the APA”

Katherine E. Giddings and Mark D. Schellhase, “Florida Supreme Court Eliminates Automatic Stay Pending Review for Governmental Entities In APA Proceedings”

Michael Cooke, Cindy Miller, and Erik Sayler, “The New Energy Bill and Legislative Rule Ratification: A Quick Overview of the Roles of the Florida Public Service Commission, the Department of Environmental Protection, and the Florida Energy and Climate Commission in Implementing House Bill 7135”

Andy Bertron, “Pro Bono Opportunities for Administrative Lawyers”
Julie Waldman and John D.C. Newton, II, “Need is Great for Pro Bono Lawyers to Assist Those Seeking Services from APD”

Lawrence E. Sellers, Jr., “The Open Government Act: The 2008 Amendments to the APA”
Amy W. Schrader, “New Opinion Issued by Fourth DCA in Mae Volen Senior Center, Inc. v. Area Agency on Aging Palm Beach/Treasure Coast, Inc.”

Toni A. Egan, “Congratulations! You Won Your Bid Protest Appeal . . . Now What?”

Kathryn L. Kasprzak and Jon M. Pellett, “What’s Up With Rupp?’ — A Discussion of Some of the Issues Raised by Rupp v. Department of Health”
James V. Antista, “FWC Met Due Process Standards In Shark Feeding Case”
Amy W. Schrader, “Update on Mae Volen Senior Center, Inc. v. Area Agency on Aging – Palm Beach/Treasure Coast, Inc.”
Lawrence E. Sellers, Jr., “Florida Gives Final Order Authority to ALJs in Elections Commission Cases”

Bob L. Harris, E. Gary Early, and Michael Dutko, Jr., “Wanted: Due Process from the Florida Fish and Wildlife Conservation Commission”
Amy W. Schrader, “Protest-Proof Procurements?: A Commentary on Mae Volen Senior Center, Inc. v. Area Agency on Aging Palm Beach/Treasure Coast, Inc.”

Daniel C. Brown, “Square Corners, Round Rooms, and Artful Dodges: Non-Rule Policy and Practical Due Process for the License Applicant”
Lawrence E. Sellers, Jr., “The Open Government Act: The 2007 Amendment to the APA” (Note: HB 7183 was vetoed on June 26, 2007, after this article was published.)

T. Kent Wetherell, II, “The Top 10 Cases Since the 1996 APA Amendments”
Gladys Perez, “Amendments to the Uniform Rules of Procedure”

Robin Rosenberg and Lawrence E. Sellers, Jr., “What? The Administration Commission May Grant An Exemption To the APA?”
DOAH Chief Judge Robert S. Cohen, “Pat Dore Conference Keynote Speech,” “Meet the DOAH Administrative Law Judges” (Part II of II)

DOAH Chief Judge Robert S. Cohen, “Pat Dore Conference Keynote Speech,” “Meet the DOAH Administrative Law Judges” (Part I of II)
Lawrence E. Sellers, Jr., “The 2006 Amendments to the APA”

Donna E. Blanton, “Standards of Review Under the Florida Administrative Procedure Act”
T. Kent Wetherell, II, “The Clocks at DOAH are No Longer Three Minutes Fast”

E. Gary Early, “First DCA Readdresses the Rule Challenge Standard of Proof After Cosmetic Surgery and the 2003 APA Amendments”

Charles A. Stampelos, “Proposed Recommended and Final Orders Before DOAH”

Jeb Bush, “Governor’s Veto Message of SB 1010”

Paul H. Amundsen, “Appellate Attorney’s Fees Under Section 120.595, Florida Statutes, Residential Plaza at Blue Lagoon, Inc. v. Agency for Health Care Administration, 891 So. 2d 604 (Fla. 1st DCA 2005)”
Sam Power, “Apples and Oranges, Kerper v. Department of Environmental Protection, 894 So. 2d 1006 (Fla. 5th DCA 2005)”

Lawrence E. Sellers, Jr., “More APA: What Might The 2005 Legislative Session Bring?”

Lawrence E. Sellers, Jr., “Unsafe At This Speed: Is There An Exhaustion Requirement For Presidential Elections?”

Lisa (“Li”) Shearer Nelson, “Campbell v. Department of Business and Professional Regulation: The Right Decision for the Wrong Reason”

Stephen T. Maher, “Lock Down: The Misinterpretation of Section 120.81(3), Florida Statutes”

Seann M. Frazier, “Section 57.105 Attorney’s Fees in Administrative Litigation”

Samuel J. Morley, “Brookwood Extended Care Center of Homestead, LLP v. Agency for Health Care Administration: Responding to Administrative Complaints (Or How Not To)”

Donna E. Blanton, F. Scott Boyd, and Debby Kearney (Parts I, II, and III, respectively), “A Changing of the Guard: Three APA Icons Retire” reviews the careers of three key players in Florida’s administrative law process: Sharyn Smith, Carroll Webb, and Liz Cloud

Joe Allan McGlothlin, “Dark Fiber Revisited: Plus, Coming Attractions”

Cathy M. Sellers and Lawrence E. Sellers, Jr., “OFFA v. SFWMD – Agencies Need Not Successfully Adopt a Challenged Statement to Avoid a Final Order and Attorney’s Fees”

Robert Downie and Allen Grossman (Point-Counterpoint, respectively), “An Argument in Favor of Administrative Law Certification” and “Administrative Law Certification – No Need, No Reason, No Way”

Donna Blanton, “Competent and Substantial Evidence in Rule Challenges: A Standard of Proof or Standard of Review?”
John Yudin, “Equitable Tolling in Administrative Proceedings: Where is the Authority?”
M. Catherine Lannon, “Petitions for Declaratory Statement – To Answer or Not To Answer”

Robert P. Smith, “Be Not Amazed! At The Lessons of Barfield v. Department of Health, Board of Dentistry”
Lawrence E. Sellers, Jr. and Cathy M. Sellers, “Legislature Revises Citizen Standing Under Section 403.412(5): The “Devil’s Deal” or Much Ado About Nothing?”

Lisa S. Nelson, “Insulated from Review: Barfield v. Department of Health, Board of Dentistry”

Susan L. Kelsey, “The New and Improved APA: Another Question Answered”

Richard M. Ellis, “Administrative Rulemaking After the 1999 Amendments to the APA: Do We Have a Workable Standard (or, Is It “Specific” Enough)?”
Karen D. Walker, “The Recent Amendments to Chapter 287, Florida Statutes: Will They Really Change Florida’s Procurement Practices?”

Joe Allan McGlothlin, “Dark Fiber” Enters the Controversy: Parties Fail to Reach Accord”

Susan L. Kelsey, “The New and Improved APA: Three Questions, Three Answers”
Suzanne H. Schmith, “Chapter 2000-141, Florida Laws: Administrative Procedural Aspects of the New Building Code Law — Part II”

Suzanne H. Schmith, “Chapter 2000-141, Florida Laws: Administrative Procedural Aspects of the New Building Code Law” (Part I)

Robert G. Gough, “Son of Tomoka, Son-of-a-Gun!”
Donna Erlich, “A Short History of the Rules in Florida (The unofficial but true story)”

Bucky Mitchell, “1000 Friends of Florida, Inc. et al. v. State of Florida, Department of Community Affairs — Another Bite at the Apple for Interested Third Parties?”
R.S. (“Sam”) Power, “Executive Branch Rulemaking — Big Picture”

Chris Bryant, “Department of Revenue v. Novoa: Will “Rights” Replace “Interests” as the Standard For Obtaining Relief Under the APA?”
Karen Putnal, “Florida Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering v. Investment Corp. of Palm Beach, 747 So. 2d 374 (Fla. 1999)”

Seann M. Frazier, “An Exception to the Exception? Judicial Interpretation of the Waiver and Variance Provision”

Lisa S. Nelson, “Pickwick Papers Revisited: The Supreme Court Ponders the Role of Declaratory Statements”

Lawrence E. Sellers, Jr., “Legislature Passes APA Bill”

Frank E. Matthews, “APA Reform Refined”
Ralph A. DeMeo, “Environmental Trust v. Department of Environmental Protection: Who Do You Trust?”

Richard M. Ellis, “State Agency Contracts, ‘Agency Action’ and the A.P.A.”
Kent Wetherell, “The Clocks at DOAH Are 3 Minutes Fast: A True Story”

Craig H. Smith, “Cottage Industry Or Not, Attorney’s Fees Are Available”
Kent Wetherell, “What is the Burden of Proof in Cases Involving Challenges to Proposed Rules, and Who Has It?”
Donna E. Blanton, “First DCA Construes New Rulemaking Standard”

Robert D. Vandiver, “Beginnings: One Agency’s Initial Foray Into Mediation”
Vicki Weber, “DOR: The Rules Are Different Here?”

Stephen T. Maher, “Court Aims Six-Schluter at Unpromulgated Policy”

Donna Blanton, “Major Test of New APA Pending at First DCA”

Ralf G. Brookes, “Local Administrative Law: All Plan Amendments are now Legislative Decisions”

Steve Mathues, “Legislature Considers APA Glitch Bill”
Stephen T. Maher, “Challenging Rule Repeals”

Steve Pfeiffer, “Uniform Rules of Procedure”

Jim Rossi, “Protecting the Administrative Process from Encroachment by Federal Antitrust Laws”

Stephen T. Maher, “The Continuing Task of Administrative Law”