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Administrative Law Section Newsletter Vol. XXVIII, No. 2 Elizabeth W. McArthur, Editor December 2006 What? The Administration Commission May Grant An Exemption To the APA? by Robin Rosenberg and Lawrence E. Sellers, Jr. Yep; a little-used provision in of the APA. An exemption and any (Fla 1st DCA, August 8, 2006). The the Administrative Procedure Act prescribed alternate procedures ter- J.M. decision reversed APD’s order (APA) authorizes the Administra- minate 90 days after the then-current denying J.M. a DOAH hearing on his tion Commission, upon application of or next regular legislative session. challenge to APD’s decision to reduce an agency, to exempt any process or See § 120.63, Fla. Stat. his benefits under the Medicaid waiv- proceeding governed by the Act from On August 22, 2006, the Agency er for persons with developmental one or more of the requirements of for Persons with Disabilities (“APD”) disabilities. Prior to the J.M. decision, the Act, if certain conditions are met. filed a petition with the Administra- APD referred all of its administrative The Commission may not exempt an tion Commission seeking an excep- hearings to the hearing officers in the agency from any requirement until it tion to section 120.57(1). The petition Department of Children and Family establishes alternative procedures to was a direct response to the First Services. achieve the agency’s purpose, which District Court of Appeal’s decision The First District ruled that the must be consistent with the purposes in J.M. vs. APD, Case No. 1D06-0183 explicit language in the developmen- See Exemption, page 11 From the Chair by Booter Imhof In my first column, I invited the available for purchase (see order form “data about data.” It is a hidden level membership to become more in- on page 3). of extra information that is automati- volved with the section. I am renew- In addition to the excellent presen- cally created in a computer file such ing that call. Please visit our website tations on the substantive law issues, See Chair’s Message, page 2 at: http://www.flaadminlaw.org for there were some very interesting more information. I mentioned that issues and information in the presen- one of the ways to get involved was tations. Elizabeth Tarbert, the Direc- INSIDE: to attend the 2006 Pat Dore Adminis- tor of the Ethics Department of The trative Law Conference. Many of you Florida Bar, had several interesting Appellate Case Notes .................................. 4 did and the conference was a huge comments to make. One of the most Pat Dore Conference Keynote Speech ...........6 success. Andy Bertron and Seann disturbing was the issue of metadata. Meet the DOAH Administrative Law Frazier did an excellent job organiz- I had heard the term, but did not Judges .................................................... 8 ing the conference which was held in know anything about it. According to Agency Snapshots: Tallahassee on October 19 and 20, an article in the June 2004 issue of Department of Education ....................... 11 2006. Of course, Jackie Werndli, our LAWPRO magazine entitled, “Beware Commission On Ethics .......................... 12 section administrator, was invalu- the Dangers of Metadata,” by Dan Minutes – June 23, 2006 ........................... 13 able. Conference audiotapes/cds are Pinnington, metadata is described as Minutes – September 8, 2006.................... 14 Administrative Law Section Newsletter Volume XXVIII, No. 2 • December 2006 CHAIR’S MESSAGE of State made a presentation on the annotations for the different parts from page 1 new Florida e-Rulemaking website. of Chapter 120 and includes DOAH Scott’s presentation was inter- cases, court cases, articles, and At- rupted several times by spontaneous torney General opinions. The site has applause from the crowd. Why, you many more features and I suggest you as a Word or WordPerfect document. ask? Scott and his staff have been go and play with it. Scott indicated While some metadata can be easily hard at work on JAPC’s website and that his office is always ready to add seen within the program that cre- the results are fantastic. The website a case, opinion, or article that is not ated the file, most hidden metadata can be found at http://www.japc. listed if you are aware of one. must be viewed using a binary file state.fl.us/. I am going to list just I mentioned the new website for editor. However, sometimes this hid- some of the things you can do on the Department of State e-Rulemak- den data can be viewed accidentally, the website. A rule number can be ing. That site can be found at http:// for example, when a WordPerfect file inserted in the search box and it will flrules.com. I will talk more about this is converted to a Word file. return a link to the JAPC records on site in a future column. The article explains more about the rule. This link will give you all Another item I would like to talk to how to view this data and can be the events that have occurred on that you about is the Law School Liaison found at http://www.practicepro. rule. In his presentation, Scott used Committee chaired by Cathy Sellers. ca/LawPROmag/metadata.pdf. The rule 67-57.001 by the Florida Hous- Cathy did a wonderful job in organiz- article also notes why lawyers should ing Finance Corporation to illustrate. ing a panel discussion at the FSU Law be aware and maybe concerned The events include links to the Notice School last month. The panel consisted about metadata. When a document of Rule Development, Notice of Pro- of Bob Cohen, Chief Administrative Law is shared electronically, via e-mail posed Rulemaking, correspondence Judge; Scott Boyd, Executive Director or CD for example, the document from JAPC to the agency and from and General Counsel for the Joint Ad- includes both visible and invisible the agency to JAPC, and other events. ministrative Procedures Committee; information. Some of the metadata Keywords can also be searched and Andy Bertron, private practitioner and can often include confidential in- will return all rules currently under Chair-Elect of the Executive Council; formation and could be potentially review with the word in the title or Mary Ellen Clark, Assistant Attorney damaging or embarrassing if seen by text of the rulemaking notice. The General; the moderator, Cathy Sellers; others. The article gives suggestions same is true for phrases. If a chal- and me. The panelists spoke to the law on reducing or eliminating the meta- lenge has been filed, there is a link students about how we got involved data from your files. The Florida Bar to the DOAH case information page in administrative law and some of our Professional Ethics Committee has and if a final order has been entered, experiences. We explained what admin- issued an opinion on metadata. The there is a link to that, too. Finally, istrative law is and what administrative opinion can be found at http://www. there is a link to the DCA case docket lawyers do from the perspectives of the floridabar.org/tfb/TFBETOpin.nsf/ if an appeal has been filed. Rules can Legislature, DOAH, and administra- b2b76d49e9fd64a5852570050067 also be searched by agency or by all tive law practitioners. The panel was a7af/0a1b5e3a86df495 a8525714e0 agencies. One of the most awesome well received and it generated a lot of 05dd6fd?OpenDocument. links is to the Legal Research section. interest in the practice of administrative There were two more presenta- This section gives you an annotated law. Cathy has indicated she would like tions that had practical everyday Chapter 120 administrative law da- to have similar programs at the other information that I think you will find tabase, amendments to Chapter 120 law schools. The University of Florida useful. Scott Boyd made a presen- by year and Chapter 120 as it ap- is covered, but we need contacts at the tation on the Joint Administrative peared in that year, and other links. other law schools. Please contact Cathy Procedure Committee’s website and The annotated Chapter 120 admin- or Jackie Werndli if you are interested in representatives from the Department istrative law database also provides organizing a panel discussion in conjunc- tion with a law school in your area. Patrick L. “Booter” Imhof is the This newsletter is prepared and published by the Administrative Law Section Staff Director for the Senate Com- of The Florida Bar. mittee on Regulated Industries. He has been employed by the Florida Patrick L. (Booter) Imhof ([email protected]) ..........................................Chair Legislature for over 25 years in both J. Andrew Bertron, Jr. ([email protected]) ................................................. Chair-elect the Senate and the House of Repre- sentatives. Mr. Imhof received his B.A. Elizabeth W. McArthur, Tallahassee ([email protected]) .....Secretary/Editor degree in Political Science from the Seann M. Frazier ([email protected]) ............................................................. Treasurer University of Florida in 1972 and his Jackie Werndli, Tallahassee ([email protected]) ................Program Administrator J.D. degree from South Texas College of Law, Houston, Texas in 1978. He Colleen P. Bellia, Tallahassee ([email protected]) ................................................Layout is a member of The Florida Bar and the State Bar of Texas. He is currently Statements or expressions of opinion or comments appearing herein are those of the Chair of the Administrative Law the contributors and not of The Florida Bar or the Section. Section of The Florida Bar. 2 Volume XXVIII, No. 2 • December 2006 Administrative Law Section Newsletter 2006 Pat Dore Administrative Law Conference Audiotapes/CD Available Course No. 0480R • Variances and Waivers • Dark Side of the Moon: A Survey of Bankruptcy CLE CREDITS Process and Issues Affecting Regulatory Agencies • Attorneys Fees in APA Cases CLER PROGRAM (Max.

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