When agency decisions don’t go your way, what happens next matters. Our firm represents clients in Florida administrative appeals, including appeals from final agency action, helping challenge agency decisions and protect your position at every stage of review.
We handle appeals before Florida’s District Courts of Appeal, with a focus on statutory interpretation, due process, and agency overreach. Just as important, we help clients build the record early, ensuring issues are preserved and positioned for a strong appeal from the start.
Check out the latest news in appeals below.
A recent Florida appellate decision just drew a hard line on agency power, and it didn’t go the agency’s way. What looked like a routine rule ended up being struck down, raising bigger questions about how far agencies can go when interpreting the law. If your business relies on licenses, permits, or agency approvals, this isn’t just legal theory; it could directly impact you.
See where your business may be exposed. Read More.
Our firm recently secured two key wins before Florida’s First District Court of Appeal, both reinforcing an important point: the Department of Revenue must provide clear notice and cannot assume a taxpayer waived their rights.
The Cases
In 27 Entrepreneurs Brickell LLC, the taxpayer argued it received the assessment notice after the deadline and requested a hearing. The Department dismissed the case as untimely without one. The Court reversed, holding that disputed facts about notice require an evidentiary hearing.
In ADN Global, LLC, the same issue surfaced—late receipt of notice. Again, the Department dismissed the petition. The Court reversed, emphasizing that waiver is not favored and must be clearly proven.
What This Means for You
You’re entitled to a fair opportunity to respond. If notice is unclear or delayed, the Department must allow a hearing.
Waiver isn’t automatic. The burden is on the Department to prove you knowingly gave up your rights.
Why It Matters
Missed deadlines can trigger serious financial consequences. But if you didn’t receive proper notice, you may still have a path to challenge the assessment.
If the Department claims you missed a deadline, don’t assume the case is closed, question whether proper notice was actually provided. Check out the full blog HERE.
Jonathan Taylor is the Director of Appeals with The Law Offices of Moffa, Sutton, & Donnini, P.A. Mr. Taylor concentrates in the areas of Florida tax appeals and general administrative appeals. Mr. Taylor can be reached at 954-234-2884 or jonathantaylor@floridasalestax.com.