Administrative appeals are appeals taken from a decision from an administrative agency, such as the Department of Revenue, or a quasi-judicial board, such a local code-enforcement board. In 2018, the Florida voters passed Amendment Six, which requires state court judges and administrative law judges to interpret state statutes and regulations de novo, or anew, without deferring to an administrative agency’s interpretation of the law. This amendment has made the task of overturning an unfair administrative decision a bit easier. Another advantage of administrative appeals is that often the administrative agency will provide the necessary transcripts, and all administrative agencies have a duty to preserve testimony and provide transcripts for indigent Floridians.
Similar to appeals from state court, appeals from administrative decision must be filed within thirty days of the decision to be appealed. Unlike appeals to state court, the notice of appeal must be filed with the appellate court and the clerk of the administrative agency. Another important difference is that often times motions for rehearing do not toll or extend the time to file a notice of appeal, so it’s critically important to contact an appellate lawyer as soon as you receive an adverse decision from an agency or quasi-judicial board.
If you are looking to appeal a final or non-final order, contact us to set up a consultation with one of our attorneys, (727)954-3720.
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