Question 1

What distinguishes a quasi-judicial proceeding from an administrative proceeding in Florida?

Accepted Answer

Distinction: all quasi-judicial proceedings are administrative, but not all administrative proceedings are quasi-judicial. Administrative (ministerial): the agency applies clear rules to facts without discretion (e.g., issuing a building permit when all requirements are met). Quasi-judicial: the agency exercises discretion in applying legal standards to facts (e.g., granting a variance where the applicant must prove hardship). The key question: does the proceeding require the decision-maker to exercise judgment and discretion in applying legal standards to the specific facts of the case?

Question 2

What is the Florida Administrative Procedure Act’s role?

Accepted Answer

APA (Chapter 120): governs administrative proceedings before state agencies. Key provisions: Section 120.569 (decisions affecting substantial interests must follow the APA’s procedures), Section 120.57(1) (formal hearings before an administrative law judge for disputed issues of material fact), Section 120.57(2) (informal hearings when there are no disputed facts), and Section 120.68 (judicial review of agency action). Local government quasi-judicial proceedings are not governed by the APA but must comply with due process requirements established by case law.

Question 3

How are quasi-judicial decisions reviewed by Florida courts?

Accepted Answer

Judicial review: circuit court review (the court reviews the administrative record using the competent substantial evidence standard for factual findings and de novo for legal conclusions), the court cannot re-weigh evidence or substitute its judgment for the agency’s, the court can: affirm (uphold the decision), reverse (overturn the decision), or remand (send the case back to the agency for further proceedings), and the burden is on the party challenging the decision to show that it was not supported by competent substantial evidence.

Quasi Judicial Proceeding Administrative

Quasi-Judicial Administrative Proceedings in Florida

Quasi-Judicial vs. Ministerial

APA (Chapter 120)

Court Review

Related Terms

Barnes Walker Administrative Law

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