Which law governs how violations are dealt with when they cannot be disposed of by Notice of Noncompliance or a citation?

• A. Administrative Procedure Act of F.S. 120
• B. Sunshine Law
• C. Open Records Act
• D. Administrative Rules

Answer: (A)

When a violation can’t be resolved with a simple Notice of Noncompliance or a citation, the agency follows a formal adjudicatory process. In Florida, that process is governed by the Administrative Procedure Act (Chapter 120, Florida Statutes). This law sets out how agencies conduct hearings, apply due process, consider evidence, issue formal orders, and provide for judicial review. It ensures enforcement actions proceed through a consistent, legally sound procedure rather than informal enforcement.

The Sunshine Law deals with open meetings, not how violations are handled. The Open Records Act pertains to access to public records, not enforcement procedures. Administrative Rules are the agency’s substantive regulations, but the procedural path for unresolved violations is defined by the Administrative Procedure Act.