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Florida Attorney General Reports

Decided May 16, 1975Published

1Opinion of the Court

QUESTION: Are counties exempt from the new Administrative Procedure Act, Ch. 120, F.S., as amended by Ch. 74-310, Laws of Florida?

SUMMARY: The inclusion of counties within definitional s.120.52(1)(c), F.S., is very limited and is restricted to the direct inclusion by reference to general or special law, or judicial decision or as constitutionally mandated. The courts have not expressly "incorporated" the several boards of county commissioners into Ch. 120, F.S. Thus, counties are not subject to the Administrative Procedure Act, Ch. 120, as amended by Ch. 74-310, Laws of Florida, except to the…

2Cases cited6 opinions

  1. State v. EganSupreme Court of Florida · 1973
  2. Board of Public Instruction v. State Ex Rel. AllenSupreme Court of Florida · 1969
  3. Board of Public Instruction of Duval County v. SackDistrict Court of Appeal of Florida · 1968
  4. Adams v. Board of Public Instruction of Okaloosa CountyDistrict Court of Appeal of Florida · 1969
  5. Canney v. BOARD OF PUBLIC INSTRUCTION OF ALACHUA CTY.District Court of Appeal of Florida · 1969

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