JOHNNY MORA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J.D. v. Fla. Dep't of Child. & Families, 114 So. 3d 1127 (Fla. 1st DCA 2013)
  …is not bound by the ALJ’s legal conclusion as to whether the intended action was an abuse of discretion, but the agency’s review of that issue is circumscribed by the standards in section 120.57(1)(£). See B.J. v. Dep’t. of Children & Family Servs., 983 So. 2d 11, 15 n. 1 (Fla. 1st DCA 2008). Thus, even if the ALJ determines (as a matter of fact) that the applicant met his or her burden to demonstrate rehabilitation and thus concludes (as a matter of law) that it would be an abuse of discretion for the agenc…
• A.P. v. Dep't of Child. & Families, 230 So. 3d 3 (Fla. 4th DCA 2017)
  …usion of law, “the agency ... must make a finding that its substituted conclusion of law ... is as or more reasonable than that which was rejected or modified.” § 120.57(1)(l), Fla. Stat. (2016); see also B.J. v. Dep’t of Children & Family Services, 983 So. 2d 11, 13 (Fla. 1st DCA 2008) (recognizing that an agency is bound to honor the findings of facts presented by the ALJ unless they are not supported by competent, substantial evidence). In demonstrating eligibility for an exemption, it is the applicant wh…
• E. B. v. Dep't of Child. & Families, 180 So. 3d 241 (Fla. 1st DCA 2015)
  …PER CURIAM. Reversed. See B.J. v. Dep’t of Children & Family Servs., 983 So. 2d 11, 14-16 (Fla. 1st DCA 2008). BENTON, LEWIS, and BILBREY, JJ., concur.…

Authorities Cited

• Kenneth B. Banks v. State, 970 So. 2d 401 (Fla. 3d DCA 2007)
• Fla. Power & Light Co. v. Dep't OF Env't Prot., 970 So. 2d 401 (Fla. 3d DCA 2007)