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Publications

The Administrative Law Section newsletter is the primary method of communication with the members of the section. The section newsletter is published quarterly in PDF format.

Current Newsletter

  • September 2011
    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 "

Newsletter Archive

  • June 2011
    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""
  • March 2011
    Patricia Nelson, "Now What Do We Do? An Agency Perspective on Rulemaking After HB 1565(and Executive Order 11-01)" 
  • December 2010
    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?"
  • September 2010
    Scott Boyd, " Attack on the Clones: The APA's New Provisions on Referential Rulemaking"
  • June 2010
    Donna E. Blanton, "Rules, Orders, and "Exempt Decisions": An ALJ Defines a New Category of Agency Decisionmaking"
  • March 2010
    Karen D. Walker, "Area Agencies on Aging and the APA: The Saga Continues"
  • January 2010
    Fred R. Dudley, "The New Role of a Statement of Estimated Regulatory Costs in the Rulemaking Process"
  • September 2009
    David C. Hawkins, "The APA Provides a Remedy Overlooked by Employers Who Receive a Stop-Work Order from the Department of Financial Services"
  • June 2009
    Larry Sellers, "The 2009 Amendments to the APA"
  • March 2009
    Katherine E. Giddings and Mark D. Schellhase, "Florida Supreme Court Eliminates Automatic Stay Pending Review for Governmental Entities In APA Proceedings"
  • December 2008
    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"
  • September 2008
    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"
  • June 2008
    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."
  • March 2008
    Toni A. Egan, "Congratulations! You Won Your Bid Protest Appeal . . . Now What?"
  • December 2007
    Kathryn L. Kasprzak and Jon M. Pellett, ask, "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"
  • September 2007
    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."
  • June 2007
    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.)
  • March 2007
    T. Kent Wetherell, II, "The Top 10 Cases Since the 1996 APA Amendments"
    Gladys Perez, "Amendments to the Uniform Rules of Procedure"
  • December 2006
    Robin Rosenberg and Lawrence E. Sellers, Jr., "What? The Administration Commission May Grant An Exemption To the APA?"
    DOAH Chief Judge Robert S. Cohen's "Pat Dore Conference Keynote Speech,"
    "Meet the DOAH Administrative Law Judges" (Part II of II)
  • September 2006
    DOAH Chief Judge Robert S. Cohen's "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"
  • June 2006
    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"
  • March 2006
    E. Gary Early, "First DCA Readdresses the Rule Challenge Standard of Proof After Cosmetic Surgery and the 2003 APA Amendments"
  • December 2005
    Charles A. Stampelos, "Proposed Recommended and Final Orders Before DOAH"
  • September 2005
    Jeb Bush, "Governor's Veto Message of SB 1010"
  • June 2005
    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)"
  • March 2005
    Lawrence E. Sellers, Jr., "More APA: What Might The 2005 Legislative Session Bring?"
  • December 2004
    Lawrence E. Sellers, Jr., "Unsafe At This Speed: Is There An Exhaustion Requirement For Presidential Elections?"
  • October 2004
    Lisa ("Li") Shearer Nelson, "Campbell v. Department of Business and Professional Regulation: The Right Decision for the Wrong Reason"
  • June 2004
    Stephen T. Maher, "Lock Down: The Misinterpretation of Section 120.81(3), Florida Statutes"
  • March 2004
    Seann M. Frazier, "Section 57.105 Attorney's Fees in Administrative Litigation"
  • December 2003
    Samuel J. Morley, "Brookwood Extended Care Center of Homestead, LLP v. Agency for Health Care Administration: Responding to Administrative Complaints (Or How Not To)"
  • September 2003
    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
  • June 2003
    Joe Allan McGlothlin, "Dark Fiber Revisited: Plus, Coming Attractions"
  • March 2003
    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"
  • December 2002
    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"
  • September 2002
    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"
  • June 2002
    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?"
  • March 2002
    Lisa S. Nelson, "Insulated from Review: Barfield v. Department of Health, Board of Dentistry"
  • December 2001
    Susan L. Kelsey, "The New and Improved APA: Another Question Answered"
  • September 2001
    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?"
  • June 2001
    Joe Allan McGlothlin, "Dark Fiber" Enters the Controversy: Parties Fail to Reach Accord"
  • March 2001
    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"
  • December 2000
    Suzanne H. Schmith, "Chapter 2000-141, Florida Laws: Administrative Procedural Aspects of the New Building Code Law" (Part I)
  • September 2000
    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)"
  • June 2000
    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"
  • March 2000
    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)"
  • December 1999
    Seann M. Frazier, "An Exception to the Exception? Judicial Interpretation of the Waiver and Variance Provision"
  • September 1999
    Lisa S. Nelson, "Pickwick Papers Revisited: The Supreme Court Ponders the Role of Declaratory Statements"
  • June 1999
    Lawrence E. Sellers, Jr., "Legislature Passes APA Bill"
  • March 1999
    Frank E. Matthews, "APA Reform Refined"
    Ralph A. DeMeo, "Environmental Trust v. Department of Environmental Protection: Who Do You Trust?"
  • December 1998
    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"
  • September 1998
    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"
  • July 1998
    Robert D. Vandiver, "Beginnings: One Agency's Initial Foray Into Mediation"
    Vicki Weber, "DOR: The Rules Are Different Here?"
  • April 1998
    Stephen T. Maher, "Court Aims Six-Schluter at Unpromulgated Policy"
  • January 1998
    Donna Blanton, "Major Test of New APA Pending at First DCA"
  • September 1997
    Ralf G. Brookes, "Local Administrative Law: All Plan Amendments are now Legislative Decisions"
  • April 1997
    Steve Mathues, "Legislature Considers APA Glitch Bill"
    Stephen T. Maher, "Challenging Rule Repeals"
  • October 1996
    Steve Pfeiffer, "Uniform Rules of Procedure"
  • May 1996
    Jim Rossi, "Protecting the Administrative Process from Encroachment by Federal Antitrust Laws"
  • March 1996
    Stephen T. Maher, "The Continuing Task of Administrative Law"
  • March 1995
  • January 1995
  • October 1993
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  • December 1983
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