How the Exception Makes the Rule: Agency Waiver of Statutes, Rules, and Precedent in Florida

Authors

F. Scott Boyd, Florida Legislature, Joint Administrative Procedures Committee

First Page

287

Document Type

Article

Abstract

The purpose of this article is certainly not to formulate a complete conception of administrative equity. The intent, rather, is simply to begin to examine one small aspect of Florida administrative law which traditionally has been associated with equitable principles: the exception. First, the concept of exception will be considered, to provide some definition. As might be expected, both the form of the .law to which exception is sought and the form of the action granting exception are important in determining the discretion of the agency. Exceptions are therefore considered in groups: first, exceptions to statutory requirements; next, exceptions to an agency's own rules, and finally, exceptions to administrative precedent. In each section, the various constitutional, statutory and judicial doctrines which either confirm or constrain the discretion of the agency are considered. The final part of the article concludes that Florida law grants administrative agencies limited authority to grant exception.

Recommended Citation

F. Scott Boyd, How the Exception Makes the Rule: Agency Waiver of Statutes, Rules, and Precedent in Florida, 7 St. Thomas L. Rev. 287 (1995).
Available at: https://scholarship.stu.edu/stlr/vol7/iss2/3