FLORIDA INSTITUTIONAL LEGAL SERVICES, INC., APPELLANT,
v.
PAROLE AND PROBATION COMMISSION QUALIFICATIONS COMMITTEE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida Institutional Legal Services challenged the Parole and Probation Commission Qualifications Committee's failure to provide public information and afford a hearing under the Administrative Procedure Act. The court held the Committee is not an "agency" under Florida law because it is merely an advisory body with no executive authority, and thus dismissed the appeal.
The Parole and Probation Commission Qualifications Committee is not an "agency" as defined by Section 120.52(1), Florida Statutes, and therefore is not subject to the minimum public information requirements of Sections 120.53 and 120.54(5) or the hearing requirements of Section 120.57.
[1] An advisory body to the appointment power, lacking independent executive authority, is not an "agency" for purposes of Florida's Administrative Procedure Act.
[2] A committee created solely to advise on appointments to a commission, without the power to exercise executive authority, does not fall within the definition of an "agency…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the committee is instead an advisory body to the appointment power vested with the Governor and Cabinet”
Establishes the Committee's lack of executive authority, which is critical to determining it is not an agency
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Parole and Probation Commission Qualifications Committee is created by statute whenever there is an appointment or vacancy to fill for the Parole …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Executive Power cases and more on FLexlaw
PER CURIAM.
This cause is before us on administrative appeal pursuant to Section 120.68, Florida Statutes, and grounded upon the failure of appellee Parole and Probation Commission Qualifications Committee to provide minimum public information pursuant to Sections 120.53 and 120.54(5), Florida Statutes, or a hearing on this issue as required by Section 120.57, Florida Statutes. Appellee filed a motion to dismiss the appeal, contending the Parole and Probation Commission Qualifications Committee was not an “agency” as defined by Section 120.52(1), Florida Statutes, and therefore was not subject to the minimum public information requirements specified in Section 120.54(5). We agree and dismiss the appeal.
Section 947.02(1), Florida Statutes, provides for the creation of appellee Parole and Probation Commission Qualifications Committee “[wjhenever there is an appointment of a member of the [Parole and Probation Commission] to be made or a vacancy to be filled.” This section authorizes no exercise of executive power by the committee; the committee is instead an advisory body to the appointment power vested with the Governor and Cabinet pursuant to Section 947.02(1). Section 120.52(1), Florida Statutes, defines “agency” for purposes of Chapter 120 as follows:
(1) “Agency” means:
(a) The Governor in the exercise of all executive powers other than those derived from the Constitution.
(b) Each other state officer and each state department, departmental unit described in s. 20.04, commission, regional planning agency, board, district, and authority, including, but not limited to, those described in Chapters 160, 163, 298, 373, 380, and 582, except any legal entity or agency created in whole or in part pursuant to Chapter 361, Part II.
(c) Each other unit of government in the state, including counties and municipalities, to the extent they are expressly made subject to this act by general or special law or existing judicial decisions. A deputy commissioner shall not, in the adjudication of workers’ compensation claims, be considered an agency or part of an agency for purposes of this act.
We hold that appellee Parole and Probation Commission Qualifications Committee is not an agency as defined by this section and is therefore not subject to the minimum information requirements of Section 120.53 and 120.54(5). Szkolny v. State Awards Committee, 395 So. 2d 1290 (Fla. 1st DCA 1981), cited by appellant, is distinguishable, as the agency in that case, the State Awards Committee, was empowered to exercise final action for the Department of Administration, Division of Personnel.
Accordingly, the appeal of appellant, Florida Institutional Legal Services, Inc., is hereby dismissed.
ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.