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 & T1.2.
8.1.1 Basic Form
Spell out and use lower case letters if general reference to an executive order is made. References to executive orders should be foot- noted to include all identifying information.
► 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).
Specific References: Spell out and capitalize the phrase “Executive Order” when referring to a particular executive order by number.
► 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
8.3.1 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 on subsequent reference.
► 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.
8.3.2 In Footnotes or Stand-Alone Cites
See Table 3 for abbreviation of an agency’s name in a citation sentence in a footnote.
► 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
8.4.1 In Text
Do not capitalize or abbreviate “opinion” in textual discussions.
► In opinion 89-39, the Attorney General concluded that aides of county commissioners are generally not subject to the Sunshine Law . . . .
8.4.2 In Footnotes or Stand-Alone Cites
Legal Documents:
When citing to advisory opinions of the attorney general in foot- notes or stand-alone cites 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).
► 2016-15 Fla. Op. Att’y Gen. 1 (2016).
8.5 Florida Administrative Code
8.5.1 In Text
When referring to the Florida Administrative Code in a textual sentence, it should be underscoredor 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.
8.5.2 In Footnotes or Stand-Alone Cites
(a) 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 Codeis also available online at www.flrules.org.
The basic citation form is:
► Fla. Admin. Code R. [number] (date).
Cite to an entire chapter of the Florida Administrative Code as follows:
► Fla. Admin. Code Ann. ch. 10-5 (1990).
Legal Documents:
In footnotes or stand-alone cites in legal documents, the abbreviation should appear in ordinary roman type:
► Fla. Admin. Code R. 9J-14.006 (1990).
Scholarly Works:
In the footnotes of scholarly articles, the abbreviation should appear in large and small capitals:
► Fla. Admin. Code R.9J-14.006 (1990).
(b) 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. CodeR. 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 Codeand may be cited as specified in Rule 8.5.2(a) 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 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 Registeris available online at www.flrules.org.
8.6.1 In Text
When referring to the Florida Administrative Register in a textual sentence, it should beunderscored or italicized.
► The Department of Legal Affairs published a notice of proposed rule-making in the January 4, 2019, edition of the Florida Administrative Register.
Prior to 2012, the Florida Administrative Registerwas 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.
8.6.2 In Footnotes or Stand-Alone Cites
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 Registerclarifies 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).
8.7 Public Employees Relations Commission Decisions
8.7.1 In Text
Public Employees Relations Commission decisions available in two separate reporters: the Florida Public Employee Reporter and the Florida Career Service Reporter. When referring to either of these reporters in a textual sentence, the title should be underscored or italicized.
► The decisions of the Public Employees Relations Commission are published in the Florida Public Employee Reporter and theFlorida Career Service Reporter.
TheFlorida Career Service Reporterwas discontinued as of July 2015. However, Public Employees Relations Commission decisions have also been made available online through the Division of Administrative Hearings database. Seesupra Rule 8.9.
8.7.2 In Footnotes or Stand-Alone Cites
(a) Florida Public Employee Reporter.For citation to the Florida Public Employee Reporter, the basic form is:
► [volume number] F.P.E.R. ¶ [number] (year).
► 8 F.P.E.R. ¶ 13385 (1982).
(b) Florida Career Service Reporter. For citation to the Florida Career Service Reporter, the form is:
► [volume number] F.C.S.R. [page number] (year) (through July 1, 2015).
► 8 F.C.S.R. 077 (1993) (through July 1, 2015).
8.8 Florida Public Service Commission Decisions
8.8.1 In Text
Florida Public Service Commission decisions are published in the Florida Public Service Commission Reporter. When referring to the Florida Public Service Commission Reporter in a textual sentence, it should be underscored or italicized.
► The decisions of the Florida Public Service Commission are reported in the Florida Public Service Commission Reporter.
8.8.2 In Footnotes or Stand-Alone Cites
Decisions of the Florida Public Service Commission can be cited in one of two ways: (1) to the publication of the rule, or (2) to the rule itself.
(a) Citation to the publication of the rule. The basic form is:
► [volume number] Fla. Pub. Serv. Comm’n Rep. [page] (year).
► 81 Fla. Pub. Serv. Comm’n Rep. 2:120 (1981).
Before 1977, Florida Public Service Commission Orders were not formally published in a reporter. These orders should be cited as follows:
► In re Application of Florida Power Corporation for approval of territorial agreement with City of Ocala, Docket No. 7061-EU, Order No. 3799, at 3 (F.P.S.C., Apr. 28, 1965).
(b) Citation to the rule itself. The form is:
► [volume number] F.P.S.C. [page] (year).
► In re Application of Tampa Elec. Co., 81 F.P.S.C. 2:120 (1981).
If appropriate, the docket number, order number, date of the order, or subject of the order may be included in a parenthetical.
► In re Application for a rate increase in Lee County by FFEC SIX, Inc., 91 F.P.S.C. 2:420 (1991) (Docket No. 900521-WS; Order No. 24128, Feb. 18, 1991) (order suspending proposed rate schedules and granting interim rates, subject to refund).
8.9 Decisions of All Other Agencies
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 infraRule 8.9.3.1.
Most decisions of administrative agencies are not published in an official reporter. Selected administrative decisions are published in the Florida Administrative Law Reporter or the Florida Environmental and Land Use Reporter.
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.
8.9.1 Florida Administrative Law Reporter
It is permissible to cite to the Florida Administrative Law Reporter for decisions included in that reporter.
8.9.1.1 In Text
When referring to the Florida Administrative Law Reporter in a textual sentence, it should be underscored or italicized.
► The decision was reported in the Florida Administrative Law Reporter.
8.9.1.2. In Footnotes or Stand-Alone Cites
The basic form is:
► [volume number] F.A.L.R. [page] ([agency] [year]).
► 2 F.A.L.R. 648-A (Fla. Dep’t of Ins. 1980).
8.9.2 Florida Environmental and Land Use Reporter
This Reporterpublishes selected administrative decisions regarding the environment and land use in Florida. The Reporteralso publishes district court and circuit court cases in areas related to the environment. If the circuit court case is not reported in an official reporter or the Florida Law Register, it is permissible to cite to the Florida Environmental and Land Use Reporter.
8.9.2.1 In Text
When referring to the Florida Environmental and Land Use Reporterin a textual sentence, it should be underscoredor italicized.
► The decision was reported in the Florida Environmental and
Land Use Reporter.
8.9.2.2. In Footnotes or Stand-Alone Cites
The basic form is:
► [volume number] E.R. F.A.L.R. [page] ([agency or court] [date]).
8.9.3 Decisions Not Published in a Reporter
8.9.3.1 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.
(a) DOAH Final Orders. For cases in which DOAH issued the Final Order, the basic form is:
► [party names], Case No. [DOAH case number] (DOAH [date]).
► Kline v. Dep’t of Financial Servs., Case No. 07-5243RU (DOAH Dec.6, 2007).
(b) DOAH Recommended Orders.
For cases in which DOAH issued a Recommended Order that was adopted without modification by the agency in its Final Order, the basic form is:
► [party names], Case No. [DOAH case number] (DOAH [date]; [agency acronym] [date]).
► Eckerd Youth Alternatives, Inc. v. Dep’t of Juvenile Justice, Case No. 07-4609BID (DOAH Dec. 14, 2007; DJJ Jan. 10, 2008).
For cases in which DOAH issued a Recommended Order that was modified in some way by the agency in its Final Order, the basic form is:
► [DOAH case number] (DOAH [date]), [explanatory phrase], [agency case number] ([agency acronym] [date]).
► Parkinson v. Reily Enterprises, LLC, Case No. 06-2842 (DOAH Feb. 12, 2007), rejected in part by, Case No. 06-1418 (DEP Mar. 29, 2007).
8.9.3.2 Non-DOAH Cases
Final Orders issued by agencies in cases that are not heard by 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. A number of agencies post their Final Orders on the agency’s website. If the order cannot be found on DOAH’s website, the citation should identify where a copy of the final order can be obtained.
The number assigned to the Final Order for indexing purposes often differs from the case number assigned by the agency. It is permissible to refer to either the final order number or the case number, as long as the citation is clear.
The basic forms are:
(a) By case number:
► [party names], Case No. [case number] ([agency acronym] [date]) (location parenthetical or appended URL).
► French v. Dep’t of Children & Families, Case No. 04F-0563 (DCF Nov. 22, 2004) (available from agency clerk).
(b) By final order number:
► [party names], Final Order No. [final order number] ([agency acronym] [date]) (location parenthetical or appended URL).
► In re Town of Inglis Petition for Waiver, Final Order No. 07- 0590 (DEP Apr. 12, 2007), http://www.dep.state.fl.us/legal/Final_
Orders/finalorders.htm.
8.9.3.3. Citation using electronic database
When citing to an electronic database use the following general form:
► [party names or subject matter title], Case No. [case number], [electronic database number] ([agency acronym] [date]).
► Frandsen v. Dep’t of Envtl. Prot., Case No. 01-0527RX, 2001 Fla. Div. Admin. Hear. LEXIS 3059 (DOAH Sept. 26, 2001).
8.10 Florida Administrative Practice Manual
8.10.1 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.
8.10.2 In Footnotes or Stand-Alone Cites
The basic form is:
► Fla. Admin. Practice § [section], at [page] (year).
Legal Documents:
In footnotes or stand-alone cites in legal documents, the abbreviation should appear in ordinary roman type:
► Fla. Admin. Practice § 3.03, at 3-5 to 3-10 (Supp. 1995).
Scholarly Works:
In the footnotes of scholarly articles, the abbreviation should appear in large and small capitals:
► Fla. Admin. Practice§ 3.03, at 3-5 to 3-10 (Supp. 1995).