A frequent source of confusion in Florida administrative appeals is the filing fee. Many practitioners assume the fee requirements mirror those of a civil appeal. They do not. The distinction is straightforward—but important.
Administrative Appeals: One Filing Fee
Appeals governed by section 120.68, Florida Statutes, require one filing fee, paid directly to the District Court of Appeal. See, Fla. R. App. P. 9.190, 9.110(c). The filing fee for appeals and original proceedings is set by section 35.22(2)(a), Florida Statutes.
There is no separate filing fee paid to a circuit court clerk or to the agency. Because a Florida administrative appeal is initiated in the DCA, the DCA filing fee alone is sufficient to invoke appellate jurisdiction.
In short:
- Administrative appeal under Chapter 120
- One filing fee
- Paid to the DCA only
Civil Appeals: Typically Two Filing Fees
Most civil appeals from circuit court orders require two filing fees:
- A filing fee paid to the clerk of the circuit court when the notice of appeal is filed (see, § 28.241(2), Fla. Stat.); and
- A filing fee paid to the District Court of Appeal. § 35.22, Fla. Stat.
These fees arise from different statutes and rules, and paying one does not satisfy the other. See, Fla. R. App. P. 9.110(d), 9.040(f), (g).
Why the Difference Matters
Applying the civil‑appeal fee model to a Florida administrative appeal can lead to unnecessary fees, docketing confusion, and early signals that the appeal has been mischaracterized.
Practice Tip
Before filing any appeal, identify the source of appellate jurisdiction:
If the appeal arises under Chapter 120, only one filing fee is required—and it is paid to the District Court of Appeal. That simple check can prevent avoidable mistakes and keep a Florida administrative appeal procedurally sound from the outset.
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.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney–client relationship. Readers should consult qualified counsel regarding the specific facts of their cases.