Florida Statute 120.60 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.60

120.60 Licensing.—

(1) Upon receipt of a license application, an agency shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information the agency is permitted by law to require. An agency may not deny a license for failure to correct an error or omission or to supply additional information unless the agency timely notified the applicant within this 30-day period. The agency may establish by rule the time period for submitting any additional information requested by the agency. For good cause shown, the agency shall grant a request for an extension of time for submitting the additional information. If the applicant believes the agency’s request for additional information is not authorized by law or rule, the agency, at the applicant’s request, shall proceed to process the application. An application is complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. An application for a license must be approved or denied within 90 days after receipt of a completed application unless a shorter period of time for agency action is provided by law. The 90-day time period is tolled by the initiation of a proceeding under ss. 120.569 and 120.57. Any application for a license which is not approved or denied within the 90-day or shorter time period, within 15 days after conclusion of a public hearing held on the application, or within 45 days after a recommended order is submitted to the agency and the parties, whichever action and timeframe is latest and applicable, is considered approved unless the recommended order recommends that the agency deny the license. Subject to the satisfactory completion of an examination if required as a prerequisite to licensure, any license that is considered approved shall be issued and may include such reasonable conditions as are authorized by law. Any applicant for licensure seeking to claim licensure by default under this subsection shall notify the agency clerk of the licensing agency, in writing, of the intent to rely upon the default license provision of this subsection, and may not take any action based upon the default license until after receipt of such notice by the agency clerk.

(2) If an applicant seeks a license for an activity that is exempt from licensure, the agency shall notify the applicant and return any tendered application fee within 30 days after receipt of the original application.

(3) Each applicant shall be given written notice, personally or by mail, that the agency intends to grant or deny, or has granted or denied, the application for license. The notice must state with particularity the grounds or basis for the issuance or denial of the license, except when issuance is a ministerial act. Unless waived, a copy of the notice shall be delivered or mailed to each party’s attorney of record and to each person who has made a written request for notice of agency action. Each notice must inform the recipient of the basis for the agency decision, inform the recipient of any administrative hearing pursuant to ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68 which may be available, indicate the procedure that must be followed, and state the applicable time limits. The issuing agency shall certify the date the notice was mailed or delivered, and the notice and the certification must be filed with the agency clerk.

(4) When a licensee has made timely and sufficient application for the renewal of a license which does not automatically expire by statute, the existing license shall not expire until the application for renewal has been finally acted upon by the agency or, in case the application is denied or the terms of the license are limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

(5) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the entry of a final order, the agency has served, by personal service or certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57. When personal service cannot be made and the certified mail notice is returned undelivered, the agency shall cause a short, plain notice to the licensee to be published once each week for 4 consecutive weeks in a newspaper published in the county of the licensee’s last known address as it appears on the records of the agency. If no newspaper is published in that county, the notice may be published in a newspaper of general circulation in that county.

(6) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restriction, or limitation of a license, the agency may take such action by any procedure that is fair under the circumstances if:

(a) The procedure provides at least the same procedural protection as is given by other statutes, the State Constitution, or the United States Constitution;

(b) The agency takes only that action necessary to protect the public interest under the emergency procedure; and

(c) The agency states in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances. The agency’s findings of immediate danger, necessity, and procedural fairness are judicially reviewable. Summary suspension, restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon.

(7) No agency shall include as a condition of approval of any license any provision that is based upon a statement, policy, or guideline of another agency unless the statement, policy, or guideline is within the jurisdiction of the other agency. The other agency shall identify for the licensing agency the specific legal authority for each such statement, policy, or guideline. The licensing agency must provide the licensee with an opportunity to challenge the condition as invalid. If the licensing agency bases a condition of approval or denial of the license upon the statement, policy, or guideline of the other agency, any party to an administrative proceeding that arises from the approval with conditions or denial of the license may require the other agency to join as a party in determining the validity of the condition.

History.—s. 1, ch. 74-310; s. 10, ch. 76-131; s. 1, ch. 77-174; ss. 6, 9, ch. 77-453; s. 57, ch. 78-95; s. 8, ch. 78-425; s. 1, ch. 79-142; s. 6, ch. 79-299; s. 2, ch. 81-180; s. 6, ch. 84-203; s. 2, ch. 84-265; s. 1, ch. 85-82; s. 14, ch. 90-51; s. 762, ch. 95-147; s. 26, ch. 96-159; s. 326, ch. 96-410; s. 12, ch. 97-176; s. 7, ch. 2003-94; ss. 4, 5, ch. 2010-279; HJR 9-A, 2010 Special Session A; s. 10, ch. 2012-212.

F.S. 120.60 on Google Scholar

F.S. 120.60 on Casetext

Amendments to 120.60

Arrestable Offenses / Crimes under Fla. Stat. 120.60

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.60.

Annotations, Discussions, Cases:

Cases Citing Statute 120.60

Total Results: 20

BAM Trading Services, Inc., D/B/A Binance.US v. State of Florida, Office of Financial Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-17T00:00:00-07:00

Snippet: and 120.60(6), Florida Statutes. Section 560.114(2) states: Pursuant to s. 120.60(6), …grounds that it is facially deficient under section 120.60(6), Florida Statutes, and should therefore be quashed…license purported under the authority of section 120.60(6), Florida Statutes, is by “petition for review…. P. 9.190(b)(2); 9.100(c)(3). Further, section 120.60(6)(c), Florida Statutes states that “[t]he agency…Charlotte County, in the context of ESO’s under section 120.60(6), this Court has not employed a limited certiorari

BAM Trading Services, Inc., d/b/a Binance.US v. State of Florida Office of Financial Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: and 120.60(6), Florida Statutes. Section 560.114(2) states: Pursuant to s. 120.60(6), …grounds that it is facially deficient under section 120.60(6), Florida Statutes, and should therefore be quashed…license purported under the authority of section 120.60(6), Florida Statutes, is by “petition for review…. P. 9.190(b)(2); 9.100(c)(3). Further, section 120.60(6)(c), Florida Statutes states that “[t]he agency… review as noted above. In addition, in section 120.60(6), the Legislature provided that such orders are

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

Snippet: agency orders entered pursuant tounder section 120.60(6), Florida Statutes, shallmust be commenced by

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

Snippet: agency orders entered pursuant tounder section 120.60(6), Florida Statutes, shallmust be commenced by

Louis Del Favero Orchids, Inc. v. Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use, and Joseph A. Ladapo, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-07T00:53:00-07:00

Snippet: licensure mechanism in section 120.60(1), Florida Statutes (2019). Section 120.60(1) is a general statute that…trial court denied relief because it found section 120.60(1) inapplicable to MMTC licenses as described in…appellants sought an MMTC license under section 120.60(1)’s default licensure provision. This Court denied

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Court: Fla. | Date Filed: 2022-02-23T23:53:00-08:00

Snippet: annul, withdraw, restrict, or limit a license. § 120.60(5)-(6), Fla. Stat. Agency- specific statutes might

STEPHANIE STOVER, M.D. v. STATE OF FLORIDA DEPARTMENT OF HEALTH

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-16T23:53:00-08:00

Snippet: DISCUSSION Section 120.60(6) delineates the Department’s authority to take…action in the appropriate district court. See §§ 120.60(6)(c), 120.68(1)–(2), Fla. Stat. (2020); Fla. … To satisfy the demanding standards of section 120.60(6), the factual allegations in the order must …procedure used is fair under the circumstances.” § 120.60(6)(c), Fla. Stat. These statutory safeguards ensure

Mark Daniels, N.H.A. v. State of Florida, Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-03T00:53:00-07:00

Snippet: home administrator license pursuant to section 120.60(6), Florida Statutes (2019). Specifically, he claims…the less restrictive remedies listed in section 120.60(6) would be inadequate to address the alleged harm

Sebrina Cameron, N.H.A. v. State of Florida, Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-03T00:53:00-07:00

Snippet: home administrator license pursuant to section 120.60(6), Florida Statutes (2019). Specifically, she …the less restrictive remedies listed in section 120.60(6) would be inadequate to address the alleged harm

MILA ALF, LLC d/b/a Dixie Lodge Assisted Living Facility v. State of Florida, Agency For Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-30T00:53:00-07:00

Snippet: it is entitled to a license by default under § 120.60(1), Florida Statutes (2015), because AHCA failed…involves the interpretation and application of § 120.60(1), Florida Statutes. Appellant argues that the…entitled to a default license anyway, because, under § 120.60(1), AHCA failed to make a final decision on its…July 12, 2018, some 63 days later. Section 120.60(1) provides in pertinent part as follows: …Bronson, 843 So. 2d 294 (Fla. 1st DCA 2003) (“Section 120.60(1) provides that the agency must approve any application

Gerard Kruse v. State of Florida, Department of Health, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-16T00:53:00-07:00

Snippet: Patient L.P. that she was attractive. 6. Section 120.60(6), Florida Statutes (2017), authorizes the… ANALYSIS Section 120.60(6) authorizes a state agency to take emergency

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1218

Snippet: , and agency orders entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by filing

Valls v. Dept. of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-10T00:53:00-07:00

Snippet: she is not competent to perform. Section 120.60(6), Florida Statutes (2017) authorizes the Department…petition for review filed with an appellate court. § 120.60(6)(c), Fla. Stat. (2018); § 120.68(1)-(2), Fla

Osakatukei O. Omulepu, M.D. v. Department of Health, Board of Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-22T00:53:00-07:00

Snippet: So. 2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla. Stat.). Here, contrary to Dr. Omulepu’

Rehabilitation Center at Hollywood Hills, LLC v. State of Florida, Agency for Health etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-20T00:53:00-07:00

Snippet: As supporting authority, AHCA cited sections 120.60 and 408.814, which permit it to take emergency …to public safety, health, safety, or welfare. §§ 120.60(6), 408.814(1), Fla. Stat. (2017). It also cited…could not have been more narrowly tailored. See § 120.60(6)(c), Fla. Stat.; Sanchez v. Dep’t of Health,

Juan Francisco Sanchez, R.D.H. v. State of Florida Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-28T00:00:00-07:00

Citation: 225 So. 3d 964, 2017 Fla. App. LEXIS 12245

Snippet: facially sufficient. I. Pursuant to § 120.60(6), Florida Statutes, the Department entered an…take place in the matter. II. Section 120.60(6) authorizes a state agency to take emergency …Many cases have construed the requirements of § 120.60(6), and among the requirements this court has applied

Lawler v. State, Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-18T00:00:00-07:00

Citation: 217 So. 3d 208, 2017 WL 1382155, 2017 Fla. App. LEXIS 5262

Snippet: Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla. Stat. (2016). The ERO in this case fails

Citizens of the State of Florida v. Art Graham, etc.

Court: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

Citation: 213 So. 3d 703, 42 Fla. L. Weekly Supp. 312, 2017 WL 1021849, 2017 Fla. LEXIS 585

Snippet: Sections 120.57(1)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. Judicial review proceedings

Osakatukei O. Omulepu, M.D. v. State of Florida Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-16T00:00:00-07:00

Citation: 198 So. 3d 1046, 2016 Fla. App. LEXIS 12300, 2016 WL 4362407

Snippet: health, safety, or welfare” requires such action. § 120.60(6), Fla. Stat. (2015). “In addition to alleging…an administrative complaint pursuant to section 120.60(5) wherein the licensee is afforded the opportunity

Zane Paul Webber v. State of Florida, Dept. of Business etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-02T00:00:00-07:00

Citation: 198 So. 3d 922, 2016 Fla. App. LEXIS 11606, 2016 WL 4087794

Snippet: health, safety, or welfare” as required by section, 120.60(6), Florida Statutes (2015). See also Bio-Med… federal constitutions demand. See § 120.60(6)(a)-(c), Fla. Stat (2015). Consequently, we QUASH