LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

When do administrative appeals not provided by general law go to the District Court?

When the administrative agency not covered by the APA is a state agency rather than a local government or local administrative agency.

So held the 5th DCA in this opinion, in which it had to tussle through the various constitutional and rule provisions governing the review of administrative actions to come to a conclusion. I think they reached the right conclusion, but the fact that there's not statutory guidance on this issue is simply ridiculous.

The real conclusion: the Legislature should do its duty to proscribe by statute the authority of the different courts to hear APPEALs from administrative decisions. Basically we need a backup to Chapter 120 to cover all of those situations not covered by it - like local governments and boards, and state agencies that manage to get exemptions from the APA.

46 N. Washington Blvd, Suite 7, Sarasota, FL 34236      Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.