Jim Rossi

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Florida State University Law Review

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administrative law, APA reform, Florida agencies, agency discretion, Model State Administrative Procedure Act


Administrative Law | Agency | Law


In the spring of 1996, the Florida Legislature adopted a revised Administrative Procedure Act (APA),' the first massive overhaul of Florida's APA since its initial adoption over twenty years ago, in 1974. This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly reviews the recent history of regulatory reform in the state of Florida. Part III discusses an interesting innovation in Florida's 1996 APA revisions that governs agency waiver of rules and is designed to make agency decision-making more flexible. Part IV addresses three new provisions in Florida's APA meant to make rule making more accountable. Despite the many major changes from the status quo in the 1996 APA revisions, Part V concludes, on a skeptical note, that it will only be a short matter of time before Florida revisits the issue of APA reform.



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