Rulemaking

Agencies follow a structured process to create rules.  Typically, the agency publishes a proposed rule, and then there is a period of time for public comment, after which the agency may make changes to the draft rule.  Any changes are also published for public comment, and the process may take several rounds before a final rule emerges.  Sometimes an agency holds public hearings or workshops to solicit comments on proposed rules from interested persons.

In Florida, proposed rules are published in the Florida Administrative Register (FAR), a daily publication.  Issues of the FAR and its predecessor publication, the Florida Administrative Weekly, are available and searchable online at www.flrules.org as far back as 1999.  Finalized rules are published in the Florida Administrative Code (FAC), which consists of 74 titles, organized by agency, and is updated as new rules are added and old ones are amended or even repealed.  The official FAC, updated weekly, is online and searchable at www.flrules.org.

Rule Enforcement

Once rules are in place, an agency is responsible for enforcing them.  That means the agency may bring enforcement actions against a party alleged to have violated the rules.  Like rulemaking, enforcement actions follow a structured process.  You can find many agency orders and opinions using the following resources. 

• website of the Division of Administrative Hearings (DOAH) at https://www.doah.state.fl.us/ALJ/;
• the Florida Administrative Law Reports (FALR), which is a commercial publication; and/or
• the relevant agency’s website.

There is no single, comprehensive compilation of all agency orders and opinions for the state of Florida.  For additional information about finding orders and opinions, see the Finding FL Administrative Orders & Opinions page in this research guide.

FLORIDA ADMINISTRATIVE PROCEDURE ACT

Chapter 120 of the Florida Statutes is the Administrative Procedure Act, which provides comprehensive and standardized administrative procedures applicable to all Florida executive branch agency actions.  The full text of the Florida Administrative Procedure Act can be found online at the official website of the Florida Legislature, Online Sunshine.

We know how to work with officials at public agencies to clarify the issues, assess regulatory concerns, and weigh the legal risks. Whether your matters concern procedural or substantive issues, our lawyers represent your interests with years of experience behind them. They collaborate with attorneys in our other practice areas to find the correct answer for you.

JOINT ADMINISTRATIVE PROCEDURES COMMITTEE (JAPC)

The JAPC is a joint standing committee of the Florida Legislature, comprised of 5 senators (appointed by the President of the Senate) and 7 representatives (appointed by the Speaker of the House of Representatives).  The JAPC reviews agency actions, especially rulemaking, to ensure that the actions do not overstep the authority granted to the agency by the Legislature.  The JAPC reviews new legislation to determine what effects it will have on agencies, and it monitors court rulings involving administrative law and advises agencies of any impacts on their authority or existing rules. More information about the JAPC may be found on their website at https://www.japc.state.fl.us/Pages/index.aspx.

The JAPC prepares annual reports, which can be found on the Committee’s website at www.japc.state.fl.us/Pages/Publications.aspx, that include statistics on the volume of proposed rules, broken down by agency.

Experience

Our attorneys have represented business and governmental clients on regulatory and administrative law matters, including:

• Administrative hearings and agency proceedings
• Judicial review of administrative and agency action
• Licensing and permitting
• Professional discipline hearings
• Rulemaking and rule challenge proceedings
• Variances and waivers from agency rules
• State and local boards and commissions
• Competitive procurement and bid protests
• Individuals with Disabilities Education Act (IDEA) due process hearings
• Medicaid Program Integrity cases
• Substantial interest hearings under the Florida Administrative Procedure Act
• General regulatory matters

We’ve represented clients in proceedings and litigate cases before the following: 

• Agency for Health Care Administration
• County governments
• Department of Business and Professional Regulation
• Department of Economic Opportunity
• Department of Education
• Department of Elder Affairs
• Department of Health
• Department of Insurance
• Department of Transportation
• District school boards
• Division of Administrative Hearings
• Federal Election Commission
• Florida Commission on Ethics
• Florida Department of Economic Opportunity
• Florida Department of Environmental Protection
• Florida Department of Management Services
• Florida Elections Commission
• Florida Lottery
• Water Management Districts
• Office of Medicare Hearings and Appeals (OMHA)
• Center for Medicaid and Medicare Services (CMS), QIC, and FI proceedings
• S. Food and Drug Administration (FDA)
• S. Center for Disease Control (CDC)
• S. Department of Agriculture (USDA)
• S. Federal Trade Commission (FTC)
• S. Customs and Border Protection (CBP)
• S. Department of Housing and Urban Development (HUD)
• Securities and Exchange Commission (SEC)
• Florida Division of Administrative Hearings (DOAH)
• Florida Department of Health (DOH)
• Florida Agency for Health Care Administration (AHCA)
• Florida Boards of Medicine, Podiatry and Speech and Language Pathology
• Dade and Broward County Tax Collector
• Dade and Broward County Property Appraiser’s Office

While we strive to help clients avoid the expense and disruption of litigation, our attorneys appear before all state and federal courts and regulatory commissions and serve as advocates for our clients.

If you would like to speak with a member of our government and municipal law practice to discuss legal representation or have any other questions, please contact our Miami Office. We will respond promptly and arrange for you to speak with a member of the firm with the appropriate experience.