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Florida Administrative Law

“[O]ur laws and regulations have exploded in number and have come to reach much more deeply into our daily lives…Those who can afford sophisticated lawyers may be able to muddle through. Those armed with influential lobbyists may even find ways to make a profusion of laws work to their advantage. But what about everyday Americans and the rights promised to them in our Declaration of Independence, Constitution, and Bill of Rights?…Our government and laws were meant to serve them, not the other way around.”

–Neil Gorsuch, Over Ruled: The Human Toll of Too Much Law (2024)

Most people don’t realize that the Department of Children and Families (DCF) can’t simply make up whatever rules it wants. Mostly this is because DCF traditionally has exceeded its authority and gotten away with it for decades. But the Florida Administrative Procedures Act allows DCF to make rules only if (1) the law authorizes DCF to make a rule on that topic, and (2) the rule conforms with (and does not exceed) the requirements of a specific law.

Jay & Campbell is experienced at handling administrative matters, including: 

  • Rule challenges when DCF exceeds its authority under the law by writing rules that enlarge, modify, or contravene specific provisions of the law.
  • Licensing penalties or revocations against foster parents, agencies, or childcare centers.
  • Challenging findings in abuse investigation reports.