Florida administrative appeals run under Chapter 120 (APA) and Fla. R. App. P. 9.190. The path typically is agency action → DOAH hearing (if facts are disputed) → agency Final Order → DCA review. (§§ 120.569, 120.57, 120.68, Fla. Stat.; Fla. R. App. P. 9.190). Note that this guide is limited to administrative action by state agencies under Chapter 120 and does not address appeals relating to local government action.
1) The Basic Path
- Agency action (e.g., tax assessments, license discipline, fines).
- DOAH formal hearing when material facts are disputed; ALJ issues a Recommended Order (RO); parties may (and likely should) file exceptions to preserve appellate issues; the agency issues the Final Order (FO). (§ 120.57(1), Fla. Stat.).
- Judicial review of the Final Order in the District Court of Appeal under section 120.68, Florida Statutes, and Appellate Rule 9.190.
2) Final vs. Nonfinal Review
- Final agency action → start by Notice of Appeal within 30 days of rendition; notice of appeal is filed both with the agency and the DCA; venue is proper in the DCA where the agency is headquartered or where the party resides. (§ 120.68(1)(a), (2)(a), Fla. Stat.; Fla. R. App. P. 9.110, 9.190(b)(1)).
- Nonfinal agency/ALJ orders under the APA (when waiting for final review is inadequate) → Petition for Review (an original proceeding) within 30 days. (§§ 120.68(1)(b), (2)(a), Fla. Stat.; Fla. R. App. P. 9.100, 9.190(b)(2)).
3) The Record You Get
- On appeals from final agency action, the record is defined by Rule 9.190(c)(2) (e.g., notices, pleadings, admitted evidence, proposed findings, exceptions, ALJ/agency orders, and the transcript). (Fla. R. App. P. 9.190(c)(2)).
- On nonfinal review, no record is prepared by an agency clerk; the petitioner must file an appendix under Rules 9.100 and 9.220. (Fla. R. App. P. 9.100(g), 9.220; 9.190(c)(3) cross‑reference).
4) Standards of Review (What the DCA Defers To)
- Overarching scope of review: section 120.68(7), Florida Statues, identifies bases to set aside agency action.
- Findings of fact: competent, substantial evidence. (see, § 120.68(7)(b), Fla. Stat.).
- Pure legal issues (statutory/rule interpretation): de novo. (General Florida standards). (see, § 120.68(7)(d), Fla. Stat.).
- Discretionary/procedural calls: abuse of discretion. (General Florida standards). (see, § 120.68(7)(c), Fla. Stat.).
- On a petition for nonfinal review under section 120.68(1)(b), the First DCA recently clarified that the scope of review is governed by section 120.68, not traditional certiorari standards. BAM Trading Servs., Inc. v. Office of Fin. Regul., 395 So. 3d 687 (Fla. 1st DCA 2024).
5) Stays & Supersedeas (Critical in License Cases)
- Filing an appeal does not by itself stay the decision. (§ 120.68(3), Fla. Stat.).
- If an agency decision suspends or revokes a license, supersedeas is granted as of right unless the agency shows a probable danger to health, safety, or welfare. (§ 120.68(3), Fla. Stat.).
- Otherwise, stays are discretionary under Rule 9.190(e)/section 120.68(3) (move in the agency or, for good cause, directly in the DCA). (Fla. R. App. P. 9.190(e); § 120.68(3), Fla. Stat.).
- Review of agency orders denying a motion for stay is by motion in the DCA. (Fla. R. App. P. 9.190(e), 9.310(f)).
6) Frequent Pitfalls
- Missing the 30‑day jurisdictional deadline to initiate review, which applies to both appeals of final orders and to petitions for review of nonfinal orders. (§ 120.68(2)(a), Fla. Stat.).
- Miscalculating the 30-day jurisdictional deadline. Note that the 30-day clock begins from the date the order is rendered (typically when the agency clerk files the signed written order).
- Believing that the 30-day deadline is tolled pending review of a motion for rehearing—in general, a motion for rehearing does not toll the deadline to seek review of an agency final order. Dep’t of Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999).
- Failing to file exceptions to the ALJ’s Recommended Order; also, failing to file exceptions that comply with section 120.57(1)(k) and Fla. Admin. Code R. 28-106.217. See also, Worster v. Dep’t of Health, 767 So. 2d 1239 (Fla. 1st DCA 2000) (explaining that the failure to file exceptions can lead to unpreserved appellate issues).
This guide is provided for general informational purposes only and does not constitute legal advice, create an attorney‑client relationship, or substitute for consulting with a qualified attorney about the specific facts of your situation. Administrative procedures and appellate rules can change, and outcomes depend on the details of each case. Readers should not act or refrain from acting based solely on the information provided 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.