CONVENTION PRESS, INC. ET AL., APPELLANTS,
v.
REPRESENTATIVE ELAINE GORDON ET AL., APPELLEES

Fla. 1st DCA | 1979-08-14
No. OO-184
BOOTH, Acting C. J., and LARRY G. SMITH and SHIVERS, JJ., conc.ur.
373 So. 2d 963 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 2 cases

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Holding

The court held that the Administrative Procedures Act does not apply to the Joint Legislative Management Committee because the Legislature is exempt.


Facts & Procedural History

An administrative appeal was filed concerning the Joint Legislative Management Committee's printing of Florida Statutes. The sole issue was whether th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on Motion to Dismiss an administrative appeal from the Joint Legislative Management Committee. The sole issue before us is the applicability, vel non, of the Administrative Procedures Act, Florida Statute Chapter 120, to the Joint Legislative Management Committee in connection with its functions and responsibilities for printing the Florida Statutes. Florida Statute § 120.50(1) provides that the Administrative Procedures Act does not apply to “The Legislature.”

After argument, and on consideration of the Motion, Response and Memorandum of Law filed herein, we hold that the exemption of § 120.50(1) applies and precludes applicability of Chapter 120 to activities of the Joint Committee. The Motion to Dismiss is, therefore granted, but without prejudice to any rights or remedies otherwise available in the courts1 for enforcement of appellee’s duties under Florida Statute Chapter 283.

It is so ordered.

BOOTH, Acting C. J., and LARRY G. SMITH and SHIVERS, JJ., conc.ur. . Wood-Hopkins Contracting Co. v. Roger J. Au & Son, Inc., 354 So. 2d 446 (Fla. 1st DCA 1978).


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Citator

Cited By

  • State of Fla. Comm'n ON Ethics v. Sullivan, 500 So. 2d 553 (Fla. 1st DCA 1986)
    …of the Florida Constitution. . See ASI, Inc. v. Florida Public Service Commission, 334 So. 2d 594 (Fla.1976), holding the Public Service Commission to be a "legislative agency" and governed by Chapter 120. But cf. Convention Press, Inc. v. Gordon, 373 So. 2d 963 (Fla. 1st DCA 1979), which provided that the Joint Legislative Management Committee was not subject to the Administrative Procedures Act with regard to its functions and responsibilities for printing the Florida Statutes, as Section 120.-50(1), Flor…

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