Administrative Law Section
Newsletter
The section newsletter is the primary method of communication with the members of the section.
The section newsletter is published quarterly in PDF format.
June 2009
In this issue:
Larry Sellers reports on "The 2009 Amendments to the APA."
Elizabeth McArthur provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2009
In this issue:
Katherine E. Giddings & Mark D. Schellhase report on a significant appellate law change in "Florida Supreme Court Eliminates Automatic Stay Pending Review for Governmental Entities In APA Proceedings."
Elizabeth McArthur provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2008
In this issue:
Michael Cooke, Cindy Miller, and Erik Sayler explain "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."
Elizabeth McArthur provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 2008
In this issue:
Andy Bertron reviews "Pro Bono Opportunities for Administrative Lawyers."
Julie Waldman and John D.C. Newton II explain that the "Need is Great for Pro Bono Lawyers to Assist Those Seeking Services from APD.
Elizabeth McArthur provides an update "From the Chair."
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June 2008
Lawrence E. Sellers, Jr. reviews "The Open Government Act: The 2008 Amendments to the APA."
Amy W. Schrader describes a "New Opinion Issued by Fourth DCA in Mae Volen Senior Center, Inc. v. Area Agency on Aging Palm Beach/Treasure Coast, Inc."
Andy Bertron provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2008
In this issue:
Toni A. Egan takes note of the limited remedies available in procurement appeals in "Congratulations! You Won Your Bid Protest Appeal . . . Now What?"
Andy Bertron provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2007
In this issue:
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 responds to a September 2007 newsletter article and insists that "FWC Met Due Process Standards In Shark Feeding Case."
Amy W. Schrader expands on a September 2007 newsletter article with an "Update on Mae Volen Senior Center, Inc. v. Area Agency on Aging – Palm Beach/Treasure Coast, Inc."
Lawrence E. Sellers, Jr., reviews a recently enacted change to Florida's election laws in "Florida Gives Final Order Authority to ALJs in Elections Commission Cases."
Andy Bertron provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 2007
In this issue:
Bob L. Harris, E. Gary Early, and Michael Dutko, Jr., discuss non-APA rulemaking in "Wanted: Due Process from the Florida Fish and Wildlife Conservation Commission."
Amy W. Schrader reviews a recent Fourth DCA opinion in "Protest-Proof Procurements?: A Commentary on Mae Volen Senior Center, Inc. v. Area Agency on Aging Palm Beach/Treasure
Coast, Inc."
Andy Bertron provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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June 2007
In this issue:
Daniel C. Brown discusses "Square Corners, Round Rooms, and Artful Dodges: Non-Rule Policy and Practical Due Process for the License Applicant."
Lawrence E. Sellers, Jr. reviews "The Open Government Act: The 2007 Amendment to the APA." (Note: HB 7183 was vetoed on June 26, 2007, after this article was published.)
Patrick L. "Booter" Imhof provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2007
In this issue:
T. Kent Wetherell, II, presents "The Top 10 Cases Since the 1996 APA Amendments."
Gladys Perez reviews recent "Amendments to the Uniform Rules of Procedure."
Patrick L. "Booter" Imhof provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2006
In this issue:
Robin Rosenberg and Lawrence E. Sellers, Jr., ask, "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).
Patrick L. "Booter" Imhof provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 2006
In this issue:
"Meet the DOAH Administrative Law Judges" (Part I of II).
Lawrence E. Sellers, Jr., reviews "The 2006 Amendments to the APA."
Patrick L. "Booter" Imhof provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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June 2006
In this issue:
Donna E. Blanton examines the "Standards of Review Under the Florida Administrative Procedure Act."
T. Kent Wetherell, II, submits an important follow-up to a December 1998 article in "The Clocks at DOAH are No Longer Three
Minutes Fast."
Deborah K. Kearney provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2006
In this issue:
E. Gary Early reviews a recent case in "First DCA Readdresses the Rule Challenge Standard of Proof After Cosmetic Surgery and the 2003 APA Amendments."
Deborah K. Kearney provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
Proposed Amendments to the Section's Bylaws
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December 2005
In this issue:
Charles A. Stampelos discusses "Proposed Recommended and Final Orders Before DOAH."
Deborah K. Kearney provides an update "From the Chair."
Cindy Miller provides a "Public Utilities Law Committee Report."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 2005
In this issue:
Deborah K. Kearney provides an update "From the Chair: An Introduction and the Year Ahead."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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June 2005
In this issue:
Paul H. Amundsen reviews a recent First DCA case in "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 examines a recent Fifth DCA case in "Apples and Oranges, Kerper v. Department of Environmental Protection,
894 So. 2d 1006 (Fla. 5th DCA 2005)."
Robert C. Downie, II, provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2005
In this issue:
Lawrence E. Sellers, Jr. forecasts the upcoming session in "More APA: What Might The 2005 Legislative Session Bring?"
Robert C. Downie, II, provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2004
In this issue:
Lawrence E. Sellers, Jr. examines Reform Party of Florida v. Black in his article "Unsafe At This Speed: Is There An Exhaustion Requirement For Presidential Elections?"
Robert C. Downie, II, provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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October 2004
In this issue:
Lisa (“Li”) Shearer Nelson critiques a recent Fourth DCA decision in "Campbell v. Department of Business and Professional Regulation: The Right Decision for the Wrong Reason."
Robert C. Downie, II, provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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June 2004
In this issue:
In "Lock Down: The Misinterpretation of Section 120.81(3), Florida Statutes," Stephen T. Maher examines the statutory restrictions on prisoners' use of the APA.
Robert C. Downie, II, discusses his recent travels in "My Six-Month Year Abroad in Washington, D.C."
Donna E. Blanton provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2004
In this issue:
Seann M. Frazier describes the availability of "Section 57.105 Attorney’s Fees in Administrative Litigation."
Lisa S. Nelson shines a "Spotlight On: The Department of Transportation’s Pam Leslie."
Donna E. Blanton provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2003
In this issue:
Samuel J. Morley reviews a recent case from the Third DCA in "Brookwood Extended Care Center of Homestead, LLP v. Agency for Health Care Administration: Responding to Administrative Complaints (Or How Not To)."
Natalie B. Futch reports that "Melson Named New PSC General Counsel."
Donna E. Blanton provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 2003
In this issue:
"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. Parts I, II, and III contributed by Donna E. Blanton, F. Scott Boyd, and Debby Kearney, respectively.
Donna E. Blanton provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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June 2003
In this issue:
Joe Allan McGlothlin submits an article on "Dark Fiber Revisited: Plus, Coming Attractions."
Lawrence E. Sellers, Jr., reviews "The 2003 Amendments to the Florida APA."
Lisa S. Nelson provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2003
In this issue:
Cathy M. Sellers and Lawrence E. Sellers, Jr. look at the results of a recent Fourth DCA decision in "OFFA v. SFWMD – Agencies Need Not Successfully Adopt a Challenged Statement to Avoid a Final Order and Attorney’s Fees."
Lisa S. Nelson provides an update "From the Chair."
Natalie B. Futch submits a "PULC Update: Swearing in of Two PSC Commissioners; Florida Water Services Sale; PSC Jurisdiction Over Wholesale Contracts; CLE Course.
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2002
In this issue:
In a "Point-Counterpoint" on Administrative Law Certification, Robert Downie presents "An Argument in Favor of Administrative Law Certification" and Allen Grossman submits "Administrative Law Certification - No Need, No Reason, No Way."
Lisa Nelson provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes" and Natalie Futch submits an update from the Public Utilities Law Committee.
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September 2002
In this issue:
Donna Blanton examines the "competent and substantial evidence" standard after the First DCA's Cosmetic Surgery decision in "Competent and Substantial Evidence in Rule Challenges: A Standard of Proof or Standard of Review?"
John Yudin asks "Equitable Tolling in Administrative Proceedings: Where is the Authority?"
Lisa Nelson provides an update "From the Chair: Considering a New Perspective."
Mary Smallwood reviews recent cases in her "Appellate Case Notes" column.
Natalie Futch reviews the work of the Public Utilities Law Committee in "Generating Interest – The Public Utilities Law Committee in Perspective: Recurring Themes in More than 15 Years of Minutes from Public Utilities Law Committee Meetings."
M. Catherine Lannon looks at the Fifth DCA's decision in Novick v. Board of Medicine in "Petitions for Declaratory Statement – To Answer or Not To Answer."
Robert Downie presents an update on the "Administrative Law Section's New and Improved Website."
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June 2002
In this issue:
Robert P. Smith advises readers to "Be Not Amazed!
At The Lessons of Barfield v. Department of Health,
Board of Dentistry."
Lawrence E. Sellers, Jr. and Cathy M. Sellers examine the effects of a statutory change in "Legislature Revises Citizen Standing Under Section 403.412(5): The “Devil’s Deal” or Much Ado About Nothing?"
Dave Watkins provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2002
In this issue:
Lisa S. Nelson examines a recent case in "Insulated from Review: Barfield v. Department of Health, Board of Dentistry."
Dave Watkins provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 2001
In this issue:
Susan L. Kelsey assesses the impact of the First DCA's Day Cruise decision in "The New and Improved APA: Another Question Answered."
Dave Watkins provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 2001
In this issue:
Richard M. Ellis looks at Chapter 120's rulemaking standards in "Administrative Rulemaking After the 1999 Amendments to the APA: Do We Have a Workable Standard (or, Is It “Specific” Enough)?"
Karen D. Walker reviews statutory changes in her article "The Recent Amendments to Chapter 287, Florida Statutes: Will They Really Change Florida’s Procurement Practices?"
Dave Watkins provides an update "From the Chair."
Joe Allan McGlothlin discusses "Current Events — Public Utilities Law Committee Update."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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June 2001
In this issue:
Joe Allan McGlothlin discusses the interesting procedural history behind MCI Telecomms. Corp. v. BellSouth Telecomms, Inc. in his article "“Dark Fiber” Enters the Controversy: Parties Fail to Reach Accord."
Mary F. Smallwood provides an update "From the Chair" and reviews recent cases in her "Appellate Case Notes."
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March 2001
In this issue:
Susan L. Kelsey reviews the judicial interpretation of several APA provisions in her article "The New and Improved APA: Three Questions, Three Answers."
Suzanne H. Schmith concludes her two-part article "Chapter 2000-141, Florida Laws: Administrative Procedural Aspects of the New Building Code Law — Part II."
Mary F. Smallwood provides an update "From the Chair" and reviews recent cases in her "Appellate Case Notes."
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December 2000
In this issue:
Suzanne H. Schmith supplies the first half of a two-part article on "Chapter 2000-141, Florida Laws: Administrative Procedural Aspects of the New Building Code Law."
Mary F. Smallwood provides an update "From the Chair" and reviews recent cases in her "Appellate Case Notes."
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September 2000
In this issue:
In his article "Son of Tomoka, Son-of-a-Gun!" Robert G. Gough surveys the issues before the First DCA on review of DOAH's final order in Save the Manatee Club v. Southwest Florida Water Management District.
Donna Erlich supplies an article titled "A Short History of the Rules in Florida (The unofficial but true story)."
Mary F. Smallwood provides an update "From the Chair" and reviews recent cases in her "Appellate Case Notes."
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June 2000
In this issue:
Bucky Mitchell examines the availability of declaratory statements in his article "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 takes a step back to look at "Executive Branch Rulemaking — Big Picture."
Dan R. Stengle provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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March 2000
In this issue:
Chris Bryant examines a recent First DCA case in "Department of Revenue v. Novoa: Will “Rights” Replace “Interests” as the Standard For Obtaining Relief Under the APA?"
Karen Putnal addresses the availability of declaratory statements in her article "Florida Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering v. Investment Corp. of Palm Beach, 747 So. 2d 374 (Fla. 1999)."
Dan R. Stengle provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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December 1999
In this issue:
Seann M. Frazier discusses section 120.542 in "An Exception to the Exception? Judicial Interpretation of the Waiver and Variance Provision."
Dan R. Stengle provides an update "From the Chair."
Mary Smallwood reviews recent cases in her "Appellate Case Notes."
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September 1999
In this issue:
Lisa S. Nelson discusses a pending case interpreting section 120.565 in "Pickwick Papers Revisited: The Supreme Court Ponders the Role of Declaratory Statements."
Dan R. Stengle provides an update "From the Chair."
Seann M. Frazier reviews recent cases in his "CaseNotes, Cases Noted, and Notable Cases."
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June 1999
In this issue:
Lawrence E. Sellers, Jr. reports on legislative changes to Chapter 120 in "Legislature Passes APA Bill."
M. Catherine Lannon provides an update "From the Chair: Professionalism, Take Two."
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March 1999
In this issue:
Frank E. Matthews discusses proposed amendments to Chapter 120 in "APA Reform Refined."
Ralph A. DeMeo looks at a recent decision by the First DCA and a proposed legislative response in "Environmental Trust v. Department of Environmental Protection: Who Do You Trust?"
M. Catherine Lannon provides an update "From the Chair...Professionalism."
Seann M. Frazier reviews recent cases in his "CaseNotes, Cases Noted, and Notable Cases."
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December 1998
In this issue:
Richard M. Ellis reviews the application of Chapter 120 to agency contracts in "State Agency Contracts, 'Agency Action' and the A.P.A."
Kent Wetherell provides an important warning to practitioners in "'The Clocks at DOAH Are 3 Minutes Fast': A True Story."
M. Catherine Lannon provides an update "From the Chair: Making Government Work Better."
Seann M. Frazier reviews recent cases in his "CaseNotes, Cases Noted, and Notable Cases."
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September 1998
In this issue:
Craig H. Smith advises practitioners that, "Cottage Industry Or Not, Attorney’s Fees Are Available."
Kent Wetherell asks "What is the Burden of Proof in Cases Involving Challenges to Proposed Rules, and Who Has It?"
Donna E. Blanton discusses the recent opinions in Consolidated-Tomoka and Calder Race Course in her article "First DCA Construes New Rulemaking Standard."
M. Catherine Lannon provides an update "From the Chair: Increased 'Formalization' of APA Disserves Citizens."
Seann M. Frazier reviews recent cases in his "CaseNotes, Cases Noted, and Notable Cases."
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July 1998
In this issue:
Robert D. Vandiver describes the mediation experience of the PSC in "Beginnings: One Agency’s Initial Foray Into Mediation."
Vicki Weber discusses the Department of Revenue's rules review and asks "DOR: The Rules Are Different Here?"
M. Catherine Lannon provides an update "From the Chair..."
Seann M. Frazier reviews recent cases in his "CaseNotes, Cases Noted, and Notable Cases."
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April 1998
In this issue:
Stephen T. Maher reports on a First DCA opinion in "Court Aims Six-Schluter at Unpromulgated Policy."
Robert M. Rhodes provides an update "From the Chair..."
Seann M. Frazier reviews recent cases in his "CaseNotes, Cases Noted, and Notable Cases."
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January 1998
In this issue:
In "Major Test of New APA Pending at First DCA," Donna Blanton surveys the issues before the First DCA in St. Johns River Water Management District v. Consolidated-Tomoka Land Company.
Robert Rhodes provides an update "From the Chair..."
Deborah Kearney discusses the work of the Constitution Revision Commission.
Seann Frazier looks at "Case Notes, Cases Noted, and Notable Cases" and Doc Horton submits an update from the Public Utilities Law Committee.
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September 1997
In this issue:
Ralf G. Brookes discusses a recent Florida Supreme Court opinion in "Local Administrative Law: All Plan Amendments are now Legislative Decisions."
Robert Rhodes provides an update "From the Chair...Your Section Wants You!!"
Elizabeth McArthur reviews recent cases in her "Case Notes, Cases Noted, and Notable Cases."
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April 1997
In this issue:
Steve Mathues previews changes to Chapter 120 in "Legislature Considers APA Glitch Bill."
Stephen T. Maher discusses the First DCA's recent Federation of Mobile Home Owners of Florida case in his article "Challenging Rule Repeals."
William E. Williams provides an update "From the Chair..."
Elizabeth McArthur reviews recent cases in her "Case Notes, Cases Noted, and Notable Cases."
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