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75 Fla. B.J. 1 (2001)

handle is hein.barjournals/florbarj0075 and id is 1 raw text is: BARJOUINAL 650 APALACHEE PARKWAY TALLAHASSEE, FLORIDA 32399-2300 (850) 561-5600 www.FLABAR.org www.flcourts.org Publisher John F. Harkness, Jr. Editor Cheryle M. Dodd cdodd@flabar.org Associate Editor Laura L. Johnson ljohnson@flabar.org Assistant Editor Amy Brown Advertising Director Cassandra Dixon Account Exectiive Randy Traynor Sales Associate Julie M. Tanner Circulation Marie D. Bryant Communications Director Park M. Trammell, Jr. Published monthly except July/Augus, which is a combined issue, by The Florida Bar, 650 Apalachee Parkway, Tallahassee 32399-2300, telephone (850) 561-5600. Periodicals postage paid at the Post Office in Tallahassee, Florida 32399-2300 and at additional mailing offices. The Florida Bar Journal, USPS Permit 20G-960(ISSN 0015-3915). Subscriptions: Florida Bar members re- ceive the Journal as part of their annual dues payment. Nonmember subscriptions are $40 a year: single magazine copies, 12 months old or less, $2: older than 12 months. $5; September directory issue $35 ($30 to Bar members). Single copy sales subject to Florida sales tax. Advertising copy is reviewed, but publi- cation herein does not imply endorsement of any product, serce or opinion adver- Uised. Advertising rate cards will be furnished upon request Views and conclusions ex- pressed in articles herein are those of the authors and not necessarily those of the editorial staff, officials or Board of Gover- nors of The Florida Bar. Rates aailable by calling (850) 561-5601. 12001 The Florida Bar. Printed in U.S.A. Postmaster Send address changes to The Florida Bar, Membership Records, 650 Apalachee Parkway, Tallahassee, Florida 32399-2300. JANUARY 2001 VOLUME LXXV, NO. 1 Features Administrative Law: A Meaningful Atternative 14 to Circuit Court Litigation by Judge Linda M. Rigot Why Florida Needs the Administrative Procedure Act 18 by William E. Williams and S. Curtis Kiser The Florida Division of Administrative Hearings 22 by Judge William C. Sherrill, Jr. The Administrative Process and Constitutional Principles: 28 Separation of Powers by Johnny C. Burris State Agency Rulemaking Procedures and Rule Challenges 34 by Donna E. Blanton Nonrule Policy and the Legislative Preference for Rulemaking 38 by Cathy M. Sellers and Lawrence E. Sellers, Jr. Back to the Future-An Agency Perspective on Rulemaking 42 in the 21st Century by Robert C. Downie II Limiting Agency Discretion in Rulemaking Under the 45 Federal and Florida Administrative Procedure Acts by Dan R. Stengle Standing in Florida Administrative Proceedings 49 by Richard M. Ellis A Comparison of the APA and Circuit Court Procedures 54 by Mary Smallwood and Margaret-Ray Kemper Appellate Mediation at the First District Court of Appeal: 58 How and Why It Works by Donna Riselli Columns Letters 4 Florida's Winning Team: U.S. Senators Graham and Mack 8 Protecting Floridians' Right to Justice by Herman J Russomanno Expanding Benefits to Meet Members' Needs 12 by John F Harkness, Jr. When Is a Manager a Managing Agent? 62 by Ted C. Craig and Christopher N. Johnson Medical Monitoring Claims Are Viable in Florida 66 by Eruin A. Gonzales and Raymond W. Valori A Look at Probation and Community Control Revocation 71 Proceedings in Light of Boyd and F.S. §901.02(1) by Jason P. Herman Cover art by Joe McFadden THE FLORIDA BAR JOURNAL/JANUARY 2001 JANUARY 2001 VOLUME LXXVo NO. 1

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