Agency Clerk

About the Agency Clerk

The Agency Clerk is the Department’s designated office to receive official filings under Florida’s Administrative Procedures Act (Chapter 120, Florida Statutes).

The Agency Clerk retains the official record of administrative hearings, maintains copies of Agency orders, receives petitions for administrative hearings, bid protests, declaratory statements, rulemaking, variances or waivers of Agency rules, and appeals of orders. It is the responsibility of the Agency Clerk to provide an efficient and centralized area for the maintenance of filed documents and to comply with statutory and rule requirements of the Agency.

The Agency Clerk is not authorized to accept service of process, subpoenas, or other similar court documents issued to the Department or its personnel.

Brittany Auclair is the current Agency Clerk, but other employees in the Office of the General Counsel may perform the clerk’s functions upon designation by the Agency Clerk or the General Counsel.

Documents Received by the Agency Clerk

The following documents are to be filed with the Agency Clerk:

  • Petitions for administrative hearings;
  • Petitions for bid protest;
  • Petitions for declaratory statements;
  • Petitions to initiate rulemaking;
  • Petitions for waiver of or variance from FDLE rules;
  • Notices of appeal from any FDLE final order.

Duties and Responsibilities of the Agency Clerk

The duties and responsibilities of the Agency Clerk include, but are not limited to the following:

  • To file and record the filing date of any Final Order issued by the department;
  • To certify the index and record on the appeal of any such Final Order;
  • To appoint such Deputy Clerks as are necessary to perform any of the duties of the Agency Clerk; and
  • To perform such other duties appropriate to the office as assigned by the department.

Contact Information

The Agency Clerk is located within the Department’s Office of the General Counsel and can be contacted in any of the following ways:

Email: AgencyClerk@fdle.state.fl.us
Fax: (850) 410-7699
Phone: (850) 410-7676

Mailing Address:
Agency Clerk – Office of the General Counsel
Florida Department of Law Enforcement
P.O. Box 1489
Tallahassee, Florida 32302

Physical Address:
Agency Clerk – Office of the General Counsel
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308

Documents addressed to the Agency Clerk must be filed with the Agency Clerk or Deputy Agency Clerk through one of the following methods:

  • By hand-delivery to the Agency Clerk or a Deputy Agency Clerk
  • By US Mail
  • By email to the designated Agency Clerk email address
  • By facsimile transfer


General Information
Filings will be accepted at the above address from 8:00 AM through 5:00 PM on business days, excluding state observed holidays. Any document received by the Agency Clerk after 5:00 PM shall be filed as of 8:00 AM on the next regular business day. Please be advised that any documents left at the Security Desk will not be considered filed with the Agency Clerk.

Pursuant to Section 28-101.001, F.A.C., any party who files a document by electronic mail or facsimile transmission represents that the original signed document will be retained by that party for the duration of the proceeding and for any subsequent appeal or subsequent proceeding in that cause, and that the party will produce the original upon request of other parties.

You are responsible for ensuring that any document that you submit to the Agency Clerk (physically or electronically) is actually received by the Agency Clerk no later than the applicable deadline. Any late receipt of a request, even where the late receipt is due to delivery or transmission problems, may result in dismissal of your request.


Department Orders

The Department currently uses the website of the Division of Administrative Hearings as its official reporter for all Department final orders required to be indexed pursuant to Section 120.53, Florida Statutes, which have been rendered since July 1, 2015. The Division of Administrative Hearings’ website can be found at http://www.doah.state.fl.us/.
 

Requests for Variances and Waivers

A petition for variance and/or waiver must be submitted for filing to the Agency Clerk. Requests must be submitted according to the guidelines outlined in Section 120.542, F.S. and Chapter 28-104, F.A.C. For additional information, please visit: http://www.fdle.state.fl.us/CJSTC/Officer-Requirements/Variance-and-Waiver.aspx.



Florida Department of Law Enforcement Priorities

FDLE is composed of five areas: Executive Direction and Business Support, Criminal Investigations and Forensic Science, Criminal Justice Information, Criminal Justice Professionalism and Florida Capitol Police. FDLE’s duties, responsibilities and procedures are mandated through Chapter 943, FS, and Chapter 11, FAC. To learn more about these areas, read our Statement of Agency Organization and Operation or visit our Open Government page.