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Former chair of the Administrative Law Section of The Florida Bar, Stephen Emmanuel represents clients in all types of administrative proceedings and disputes before a variety of Florida state agencies.  Additionally, he represents clients in constitutional law matters and government procurement.

Stephen Emmanuel is a shareholder at Ausley McMullen and practices in the areas of administrative and civil litigation. He is experienced in all areas of Florida administrative law, including bid protests, declaratory statements, rule-making and rule challenges, certificate of need, and formal administrative proceedings before the Division of Administrative Hearings. He is also experienced in civil litigation and cases involving state and federal constitutional issues.

With more than thirty years’ experience, Stephen represents clients in all types of administrative disputes including before the Agency for Health Care Administration, Department of Health, Department of Transportation, and other state agencies in bid protests, permitting and licensing disputes, rule challenges, declaratory statement actions, certificate of need cases, and all other types of formal administrative proceedings before the Florida Division of Administrative Hearings.  Additionally, he currently serves as Chair of the Administrative Law Section of The Florida Bar.

Stephen also represents clients in a wide variety of constitutional law matters, including cases involving constitutionality of state statutes and proposed constitutional initiatives before the Florida Supreme Court.

In the area of government procurements, Stephen advises clients in bid acquisition, bid awards, and associated disputes.

ADMINISTRATIVE DISPUTES:

  • Represents clients before the Agency for Health Care Administration, Department of Health, Department of Transportation, and other state agencies in bid protests, permitting and licensing disputes, rule challenges, declaratory statement actions, certificate of need cases, and all other types of formal administrative proceedings before the Florida Division of Administrative Hearings. 
  • Successfully represented a national hospice company in three separate multi-week contested certificate of need cases.

CONSTITUTIONAL LAW:

  • Handles cases involving unique aspects of Florida’s Constitution, including Florida’s right to privacy, the Blaine Amendment, and cases involving challenges to a state statute on the grounds that it is an impermissible special or local law.
  • Handles cases involving the constitutionality of state statutes at both the trial and appellate levels. 
  • Amicus briefs for clients on state constitutional law issues and other issues of great public importance.
  • Successfully defended the Florida Secretary of State in a case involving a proposed citizens’ initiative.
  • Successfully challenged state statutes on the grounds that they are an unconstitutional special or local law not enacted in accordance with state constitutional requirements.

GOVERNMENT PROCUREMENTS:

  • Represents bidders in procurement disputes before all state agencies.
  • Assists clients with all steps of the acquisition process, from announcement of a bid solicitation through bid award and subsequent legal challenges.
  • Successfully challenged and defended awards of multi-million-dollar state contracts.
  • Counsels clients with contractual disputes with state agencies.
  • Successfully defended and challenged bid awards involving multi-million dollar contracts being led by the Agency for Health Care Administration.
  • Negotiated settlements of bid protests involving contracts being led by the Florida Department of Transportation.

REGULATORY REPRESENTATION:

  • Advises and guides clients with regulatory issues before state agencies such as the Florida Department of Transportation, the Agency for Health Care Administration, the Department of Health, and the Department of Management Services.

Education

  • University of Notre Dame, B.A., with honors, 1979, Government
  • University of Florida College of Law, J.D., with honors, 1983

Bar Admissions

  • All state courts in Florida
  • Eleventh Circuit Court of Appeals
  • United States District Court for the Southern, Middle and Northern Districts of Florida

Professional Activities

  • The Florida Bar (Member, Administrative Law and Health Law Sections)
  • Florida Bar Administrative Law Section Executive Council (Chair, 2021-2022; Member, 2012-Present)
  • Florida Supreme Court Commission on Professionalism (2006-2011)
  • Florida Bar Appellate Rules Committee (2005-2011)
  • Tallahassee Bar Association
  • Florida Government Bar Association
  • Florida Legal Services, Inc. (Director, 1997-2002; President, 2001-2002)
  • Florida Bar Foundation (Director, 2001-2002)
  • Florida Catholic Conference, General Counsel

Community Activities

  • Leadership Florida Class XXII (2003-2004)
  • Leadership Tallahassee (1985-1986)
  • Leon High School Foundation (2007-2010)
  • Catholic Charities of the Big Bend, Inc. (Director, 1985-1998; President, 1997-1998)
  • Big Brothers/Big Sisters of the Big Bend, Inc. (Director, 1985-1993; Vice-Chairman, 1992-1993)
  • AV Rated by Martindale-Hubbell, 2000-2022
  • Florida Trend Legal Elite, 2009, 2012, 2015, 2016, 2017, 2020, 2021, 2022
  • Florida Super Lawyer, 2017-2022
  • Best Lawyers in America (Administrative/Regulatory Law), 2017-2023
  • Presenter, Florida Bar Young Lawyers Division, Introduction to Administrative Law, March 8, 2021
  • “The Administrative Process and Constitutional Principles,” Florida Administrative Practice Manual (10th, 11th, 12th and 13th Editions, The Florida Bar, 2015, 2017, 2019, 2021)
  • “Administrative Appeals,” Florida Appellate Practice Manual (9th, 10th and 11th Editions, The Florida Bar, 2014, 2017, 2020)
  • “Attorneys’ Fees and Cost Awards,” Florida Administrative Practice Manual (8th Edition, The Florida Bar, 2009)