Florida Bar Journal articles from January 2001

Florida Bar Journal archives from January 2001

Florida's winning team: U.S. Senator Graham and U.S. Senator Mack protecting Floridians' right to justice.(appointment of U.S. district court judges)
January 1, 2001... This article is in tribute to the outstanding bipartisan leadership of Senator Bob Graham and Senator Connie Mack in addressing Florida's special judicial needs. Because of their extraordinary determination and hard work they have achieved what...

Why Florida needs the Administrative Procedure Act.
January 1, 2001... It is likely that the life of the average Florida citizen today is more directly affected by decisions of Florida administrative agencies than by those of the courts. Because of the combination of Florida's rapid growth with its inevitable...

The Florida Division of Administrative Hearings.
January 1, 2001... Even among members of Florida's trial bar, the Division of Administrative Hearings is known well only to some. Perhaps this is as it should be. Things that work well attract little notice. Administrative Due Process With its warm,...

The administrative process and constitutional principles.(Florida Constitution)
January 1, 2001... Separation of Powers The basic precept of separation of powers is that the power of the government is divided into three departments: legislative, executive, and judicial.(1) No department may exercise the powers of another. The...

State agency rulemaking procedures and rule challenges.(Florida)
January 1, 2001... The most controversial concept in the Florida Administrative Procedure Act is agency rulemaking. Although courts, legislators, and regulated persons have struggled since the act's inception with how much discretion should be afforded state...

Nonrule policy and the legislative preference for rulemaking.(Florida's administrative agencies)
January 1, 2001... Historically, Florida's administrative agencies have developed policy in two ways: on a case-by-case basis through adjudication (nonrule policy) or through the use of formal rulemaking procedures that include significant opportunities for...

An agency perspective on rulemaking in the 21st Century.(Florida administrative agencies)
January 1, 2001... Ever since the Administrative Procedure Act, F.S. Ch. 120, was introduced in its "modern" form in 1974, Florida's state agencies have been required to implement or enforce statutory law by use of "rules." The basic purpose of having rules has...

Limiting agency discretion in rulemaking under the federal and Florida Administrative Procedure Acts.
January 1, 2001... Since their respective adoptions, both the federal Administrative Procedure Act and Florida's Administrative Procedure Act have become increasingly complex in their respective rulemaking requirements. The evolving and expanding processes of...

Standing in Florida administrative proceedings.
January 1, 2001... "Standing" to sue in court is generally defined as a "sufficient stake in an otherwise justiciable controversy to obtain judicial resolution of that controversy."(1) Standing in Florida administrative proceedings generally requires a similar...

A comparison of the APA and circuit court procedures.(Florida Administrative Procedure Act)
January 1, 2001... The increased demand for government services and regulation has resulted in a corresponding increase in the number, size, and importance of administrative agencies. One commentator characterized this growth in administrative agencies as "[t]he...

Appellate mediation at the First District Court of Appeal.(Florida)
January 1, 2001... How and Why It Works The appellate mediation program at the First District Court of Appeal was a project initiated during the term of the late former Chief Judge Earle Zehmer. When the concept was initially proposed, there was a backlog of...

When Is a manager a managing agent?(Florida; corporate liability for punitive damages)
January 1, 2001... Courts have consistently required the employee to possess a significant degree of companywide responsibility. For causes of action arising after October 1, 1999, F.S. [sections] 768.72(3) governs the available theories for establishing...

Medical monitoring claims are viable in Florida.(court-supervised monitoring programs)
January 1, 2001... The protection afforded by a court-supervised medical monitoring regime truly is an equitable solution to an enormous problem. Unfortunately, situations arise where groups of individuals are exposed to dangerous substances. Although these...

This court has no jurisdiction a look at probation and community control revocation proceedings in light of Boyd and F.S. s. 901.02(1). (Florida)
January 1, 2001... The criminal defense attorney and the prosecutor must continue to be extremely sensitive to the calendar when litigating violation of probation cases. The past two years have seen action from both the state legislature and the Florida...