A comparison of the APA and circuit court procedures.

• Author: Smallwood, Mary
• Position: Florida Administrative Procedure Act

The increased demand for government services and regulation has resulted in a corresponding increase in the number, size, and importance of administrative agencies. One commentator characterized this growth in administrative agencies as "[t]he outstanding development in the law in the present century."(1) Justice Jackson in a dissenting opinion concurred in that assessment: "The rise of administrative bodies probably has been the most significant legal trend of the last century and perhaps more values today are affected by their decisions than by those of all the courts, review of administrative decisions apart."(2)

As administrative agencies began to impact all facets of private rights, agency decisionmaking came under attack as unclear, arbitrary, and anything but uniform, and relief from arbitrary administrative decisions could be obtained only in circuit court. Problems soon became apparent with this system. First, the sheer number of administrative cases caused a significant burden for the circuit courts. In addition, the process itself was not designed to lead to efficient and economical resolution of administrative matters.

Recognizing the need for comprehensive and uniform administrative procedures, Florida followed the lead of the federal government and several other states and in 1961 adopted Florida's first comprehensive Administrative Procedure Act. After 10 years of experience with the 1961 Act, the legislature and others concluded that a total revision of the 1961 Act was needed, and in 1974 the 1961 Act was replaced with the current Florida Administrative Procedure Act.

The APA applies uniform procedural standards to administrative actions. It is not a statute which establishes substantive rights or obligations. The expectation is that the establishment of uniform procedural standards will result in better substantive results in agency conduct. The purpose of this article is to compare the circuit court process and the APA process with respect to a number of important areas.

An administrative proceeding always begins with some agency action or inaction which adversely impacts a private party's substantial interests, and an agency is almost always a party to the proceedings. The APA exists to afford greater citizen participation in agency decisionmaking and an expeditious and fair resolution of disputes with agencies. Simply put, it provides a forum open and accessible to all citizens in which to critique and formulate agency policy. An administrative process which exists to achieve those objectives has resulted in an administrative process differing in several significant ways from circuit court proceedings.

Pleadings

Pleadings are far less complex in the administrative forum than in circuit court. In a circuit court proceeding, the pleadings are extensive and critical to a party's success. A pleading seeking affirmative relief must allege a cause of action. There are numerous causes of action, and every cause of action has several elements determined by substantive law. Specific allegations are subject to specific rules of pleading. For example, conditions precedent to an action may be alleged generally;(3) items of special damages but not general damages must be specifically claimed.(4) Counterclaims, crossclaims, and third-party complaints are all...