8. EXECUTIVE BRANCH MATERIALS
8.1 Executive Orders
Executive orders issued by Florida governors generally take the form of presidential executive orders. See Bluebook Rule 14.2 & Table 1.2.
When referencing an unnumbered executive order, use lowercase letters and cite to order in a footnote.
► Governor Scott, in August of 2015, signed an executive order declaring a state of emergency for
the counties of Dixie, Hillsborough, Pasco, Pinellas, and Taylor in response to heavy rainfall and
flooding.153
153. Fla. Exec. Order No. 15-158 (Aug. 6, 2015).
When referencing a specific executive order by number, spell out and capitalize the phrase “Executive Order”.
► In 2015, to help rectify this situation, Governor Rick Scott issued Executive Order 15-158.
If available, include the date of the order:
► Fla. Exec. Order No. 15-158 (Aug. 3, 2015).
8.2 Executive Veto
The Governor transmits the veto of a bill in the form of a letter to the secretary of state. Citation to the Governor’s veto should refer to the legislation vetoed, the letter sent to the secretary of state, and the present location of the letter.
► Veto of Fla. SB 392 (2014) (letter from Gov. Scott to Sec’y of State Kenneth W. Detzner, June 2,
2014), http://www.flgov.com/wp-content/uploads/2014/06/SB-392-Veto-Letter.pdf [https://
perma.cc/4FE7-T568].
When citing to the Governor’s line item veto power with respect to the state budget, use the above format and include a parenthetical indicating the dollar amount of the budget deletion.
► Veto of Fla. SB 2500-A (2015) (letter from Gov. Scott to Sec’y of State Ken Detzner, June 23,
2015) (deleting $78.2 billion), http://www.flgov.com/wp-content/uploads/2015/06/
Transmittal%20Letter%206.23.15%20-%20SB%202500-A.pdf [https://perma.cc/W3PG-
QQPM].
8.3 Executive Departments
(a) In Text
When identifying an agency completely, start with the department followed by the division, bureau, section, and subsection (as appropriate). Depending upon the context, it is sometimes appropriate for the word “Florida” to appear before the department’s name. The names of agencies are spelled out in both text and textual discussions in footnotes. However, when the agency is more frequently known by an acronym, that acronym may be used for subsequent references.
► Financing statements are filed with the Department of State, Division of Corporations, Bureau
of Uniform Commercial Code, Documents Examination Section.
► The Florida Department of Law Enforcement (FDLE) provides annual reports on Florida crime
statistics based on data gathered from across the state.
(b) In Footnotes or Stand-Alone Citations
See FSM Table 3 for abbreviations of agency names used in citation sentences and footnotes.
► Interview with Jerome W. Hoffman, Chief, Antitrust Section, Div. of Econ. Crimes, Dep’t of
Legal Aff. (Aug. 22, 1989) (available at Fla. Dep’t of State, Fla. State Archives, Tallahassee, Fla.).
8.4 Florida Attorney General Opinions
(a) In Text
Do not capitalize or abbreviate “opinion” in textual discussions unless referring to the opinion with its full and formal title.
► In opinion 89-39, the Attorney General concluded that county commissioners’ aides are
generally not subject to the Sunshine Law.
► Florida Attorney General Opinion 89-39 concluded that county commissioners’ aides are
generally not subject to the Sunshine Law.
(b) In Footnotes or Stand-Alone Citations
Legal Documents:
When citing to advisory opinions of the attorney general in footnotes or stand-alone citations in legal documents, the basic form is:
► Op. Att’y Gen. Fla. [opinion number] (year).
► Op. Att’y Gen. Fla. 2016-14 (2016).
Scholarly Works:
When citing to formal advisory opinions of the attorney general in the footnotes of scholarly articles, the general form is:
► [opinion number] Fla. Op. Att’y Gen [page] (year).
► 2016-14 Fla. Op. Att’y Gen. 1 (2016).
8.5 Florida Administrative Code
(a) In Text
When referring to the Florida Administrative Code in a textual sentence, it should be underscored or italicized:
► The Department’s rules are found in chapter 1C of the Florida Administrative Code. The Bureau’s
rules are found in Rule 1C-6 of the Code.
(b) In Footnotes or Stand-Alone Citations
1. General Form. The Florida Administrative Code is published in a permanent compilation entitled “Florida Administrative Code” pursuant to the provisions of chapter 120, Florida Statutes. The Code is also available online at www.flrules.org.
The basic citation form for current rules does not include a year parenthetical.
► Fla. Admin. Code R. [number].
► Fla. Admin Code. R. 72-1.001.
However, when citing to a rule that has been repealed, superseded, or amended, provide the year of adoption of the version being cited.
► Fla. Admin. Code R. 9J-14.006 (1990).
And in scholarly works:
► Fla. Admin. Code R. 72-1.001.
► Fla. Admin. Code R. 9J-14.006 (1990).
2. Short Form: The Use of “Id.” When citing to the exact material as in the preceding footnote, use “id.” alone. When the second citation is to the Code but to a different rule, use “id.” followed by the rule number. Include the year if it is different than the preceding footnote.
► 1. Fla. Admin. Code R. 28-3.031 (1990).
► 2. Id. R. 28-3.031(1).
► 3. Id. R. 28-5.111 (Aug. 1989).
(c) Citation to Uniform Rules of Civil Procedure. Uniform rules of agency procedure and uniform rules of procedure for the Department of Administrative Hearings may be found in chapter 28 of the Florida Administrative Code and may be cited as specified in Rule 8.5(b)1. above. For easy access, the uniform rules may be found in the following locations:
► Research Guides: Florida Trial Lawyers: Florida (includes DOAH materials), Fla. St. C. L. Res.
Cen., https://guides.law.fsu.edu/c.php?g=468067&p=3250174 [https://
perma.cc/6W2W-5QPN].
► Statutes and Rules, Div. of Admin. Hearings, https://www.doah.state.fl.us/ALJ/Rules/ [https://
perma.cc/7B6G-HZ6Z].
8.6 Agency Orders and Decisions
There are two categories of Florida administrative proceedings. Adjudicatory proceedings that present a “disputed issue of material fact” fall under section 120.57(1) of Florida’s Administrative Procedure Act and must be heard by an administrative law judge at the Division of Administrative Hearings (DOAH). In contrast, rule challenges that do not present a disputed issue of material fact fall under section 120.57(2) and may be heard within the agency itself.
Decisions in all cases heard by DOAH are available on DOAH’s website, www.doah.state.fl.us. See infra Rule 8.9.3.1.
Most administrative agency decisions are not published in an official reporter. To cite an administrative decision published in a reporter—such as the Florida Administrative Law Reporter or the Florida Environmental and Land Use Reporter—see subsection (c), infra.
In an effort to make all agency decisions readily accessible to the public, DOAH’s website now houses a central electronic repository for agency orders which have not been referred to DOAH. This index can be found at www.doah.state.fl.us/FLAIO/. Decisions not available from DOAH’s website are available from the agency that heard the case.
(a) DOAH Cases
Recommended Orders and Final Orders issued by DOAH are available on DOAH’s website, www.doah.state.fl.us, as are agency Final Orders issued in cases in which DOAH issued a Recommended Order. Pinpoint citations should be to the paragraph number, if available.
1. Final and Recommended Orders. For cases in which DOAH issued a final order or a recommended order that was adopted without modification in another agency’s final order, the basic form is:
► [party names], Case No. [DOAH case number] (DOAH [date]) (description of order).
► Emerald Coast Utils. Auth. v. Liddell, Case No. 23-3611 (DOAH Dec. 28, 2023) (Recommended
Order).
► Estevez v. City of Palm Bay, No. 23-3141 (DOAH Feb. 15, 2024) (Final Order).
2. Modified Recommended Orders. When a DOAH-recommended order is modified in some way by another agency or the courts, the basic form is:
► [DOAH case number] (DOAH [date]), [subsequent agency history], [agency case number]
([abbreviated agency] [date]) (Final Order No. [agency final order number]), [subsequent court
history], [citation to court reporter] (court and date).
► Office of Fin. Regul. v. Marnie McGrath, LLC, Case No. 23-1248 (DOAH Nov. 27, 2023)
(Recommended Order), rejected in part with full penalty adopted, No. 106-202-S (Fla. Off. of
Fin. Reg. Mar. 29, 2007) (Final Order No. OFR-2024-89).
► Dep’t of Health v. Sabates, No. 10-9430PL (Fla. DOAH June 23, 2011) (Recommended
Order), adopted with reduced penalty, No. 2009-06686 (Fla. Bd. of Med. Aug. 29, 2011) (Final
Order No. DOH-11-2101-FOF-MQA), aff’d in part and rev’d in part, 104 So. 3d 1227 (Fla. 4th
DCA 2012).
(b) Non-DOAH Cases
Final Orders issued by agencies in cases that are not referred to DOAH are available from the agency, typically from the agency clerk, or are available on DOAH’s website under the “Florida Agency Indexed Orders” page, www.doah.state.fl.us/FLAIO/. A number of agencies also post Final Orders on their website. If the order cannot be found on DOAH’s website, the citation should indicate where a copy of the order can be obtained.
Note that the number assigned to the order for indexing purposes often differs from the case number assigned by the agency.
Legal Documents:
► [party names], No. [case number] (Fla. [agency acronym] [date]) (document number, if
available).
► Dep’t of Health v. Strolla, No. 2016-29869 (Fla. DOH Aug. 28, 2024) (Final Order No.
DOH-24-1057-S-b).
Scholarly Works:
► Dep’t of Health v. Strolla, No. 2016-29869 (Fla. DOH Aug. 28, 2024) (Final Order No.
DOH-24-1057-S-b), https://doah.state.fl.us/FLAID/DH/2024/
DH_201629869_08282024_124924.pdf [https://perma.cc/VXH7-KMMK].
(c) Administrative Law Reporters
Decisions published in an administrative law reporter may also be cited according to Florida Rule of Appellate Procedure 9.800(d)(4):
Florida Administrative Law Reports:
► Dep’t of Health v. Sabates, 34 F.A.L.R. 2378 (Fla. Bd. of Med. 2011).
Florida Career Service Reporter:
► Arenas v. Dep’t of Corr., 25 F.C.S.R. 309 (Fla. Pub. Emp. Rel. Comm’n 2010).
Environmental and Land Use Administrative Law Reporter:
► In re Riverview Pointe, Manatee Cty., 2013 E.R. F.A.L.R. 50 at 2 (Fla. Dep’t of Envtl. Prot.
2012).
Florida Department of Revenue Tax Reporter:
► Technical Ass’t Advm’t 09A-049, 2009 Tax F.A.L.R. 431 (Fla. Dep’t of Rev. 2009),
Florida Public Employee Reporter:
► Delgado v. Sch. Dist. of Broward Cty., 36 F.P.E.R. 207 (Fla. Pub. Emp. Rel. Comm’n Gen.
Counsel 2010.
Florida Public Service Commission Reporter:
► In re Nuclear Cost Recovery Clause, 2013 F.P.S.C. 10:149 (Fla. Pub. Serv. Comm’n 2013.
Florida Compensation Reports:
► Whitney v. Mercy Hosp., 9 F.C.R. 373 (Fla. Indus. Rel. Comm’n 1976).
Florida Division of Administrative Hearings Reports:
► Fla. Real Estate Comm’n v. Warrington, 39 F.D.O.A.H. 747 (Fla. Real Estate Comm’n
1977).
Florida Administrative Reporter:
► Cockrell v. Comptroller, 12 F.A.R. 192 (Fla. Comptroller 1979).
8.7 Florida Administrative Register
The Florida Administrative Register is published weekly by the Florida Department of State and details the notices of proposed rules, proposed rules, publication of emergency rules, and a variety of public meeting notices issued during the preceding seven-day period. The official version of the Florida Administrative Register is available online at www.flrules.org.
(a) In Text
When referring to the Florida Administrative Register in a textual sentence, it should be underscored or italicized.
► The Department of Legal Affairs published a notice of proposed rulemaking in the January 4, 2019, edition of the Florida Administrative Register.
Prior to 2012, the Florida Administrative Register was known as the Florida Administrative Weekly. Older issues should be cited using their original designation.
► The Department of Business Regulation published its emergency rule in the June 28, 1991,
edition of the Florida Administrative Weekly.
(b) In Footnotes or Stand-Alone Citations
For issues published after 2012, the basic form is:
► [volume number] Fla. Admin. Reg. [page] (date).
Abbreviate Florida Administrative Register in ordinary roman type in citations in legal documents and scholarly works.
► The Department of Health rule published in the Florida Administrative Register clarifies the
process for requesting review of expert or technical credentials and retaining experts and
consultants.169
169. 45 Fla. Admin. Reg. 18 (Jan. 04, 2019).
For issues published prior to 2012, the basic form is:
► [volume number] Fla. Admin. W. [page] (date).
Abbreviate Florida Administrative Register in ordinary roman type in citations in legal documents and scholarly works.
► The State Touring Program rule published in the Florida Administrative Weekly provides for
bringing state touring companies to local communities.169
169. 17 Fla. Admin. W. 2724 (June 21, 1991).
8.8 Florida Administrative Register
(a) In Text
When referring to the Florida Administrative Practice Manual in a textual sentence, it should be underscored or italicized.
► The model rule is promulgated in the Florida Administrative Practice Manual.
(b) In Footnotes or Stand-Alone Citations
The basic form is:
► Fla. Admin. Practice § [section], at [page] (year).
Legal Documents:
► Fla. Admin. Practice § 3.03, at 3-5 to 3-10 (Supp. 1995).
Scholarly Works:
► Fla. Admin. Practice § 3.03, at 3-5 to 3-10 (Supp. 1995).