The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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(2) Review of nonfinal agency action under the Administrative Procedure Act, including nonfinal action by an administrative law judge, and agency orders entered pursuant to under section 120.60(6), Florida Statutes, shall must be commenced by filing a petition for review in accordance with rules 9.100(b) and (c).
We find that the emergency order meets the requirements of section 120.60(6) and our case law, except for the requirement that the order be narrowly tailored to take "only that action necessary to protect the public interest under the emergency procedure." § 120.60(6)(b), Fla. Stat. We write now to address that requirement.
Per Curiam. Appellant seeks review of a trial court order granting Appellees’ motion to dismiss Appellant's complaint. In its complaint, Appellant demanded Appellees, the Florida Department of Health (Department), issue them a Medical Marijuana Treatment Center (MMTC) license under the default licensure mechanism in section 120.60(1), Florida Statutes (2019). Section 120.60(1) is a general statute that applies to all state agencies. It states "[a]n application for a license must be approved or denied within 90 days after receipt of a completed application" or the application is "considered approved." Id. The trial court denied relief because it found section 120.60(1) inapplicable to MMTC licenses as described in section 381.986. Because the trial court was right, we affirm.
Del Favero still didn't get a response. So in January 2019, Del Favero sent the Department a letter claiming a "default license" under Florida Statutes section 120.60(1). That section provides that, if the Department doesn't approve or deny a license application within ninety days of submission, and the applicant provides notice to the agency, then the applicant can claim use of a "default license." FLA. STAT. § 120.60(1).
APD began disciplinary action against Meadowview Progressive Care's license to operate a group home by filing a three-count administrative complaint seeking to revoke Meadowview's license.See § 120.60(5), Fla. Stat.; Fla. Admin. Code R. 28-106.2015. APD sought revocation of Meadowview's license based on two statutory violations by an officer and manager of Meadowview, and one employee background check violation. Following Meadowview's request for hearing, the case proceeded in the Division of Administrative Hearings (DOAH) in case number 19-1812FL. See §§ 120.569, 120.57, Fla. Stat.
The petitioner seeks review of the Department of Health's emergency restriction order pertaining to his medical license. The order contains sufficiently detailed facts satisfying the requirements set out in section 120.60(6), Florida Statutes, and we do not have the authority here to weigh the evidence or look behind those averments to question their veracity. There in turn is ample factual detail in the order to establish a credible concern of a continuing public danger and a necessity for emergency action. The facts also support the conclusion that the restriction placed on the petitioner's license was narrowly tailored to meet the threat appearing on the face of the order. This is the extent of our review. See § 120.60(6)(c), Fla. Stat. ("The agency's findings of immediate danger, necessity, and procedural fairness are judicially reviewable.").
The petitioner seeks review of the Department of Health's emergency restriction order pertaining to his medical license. The order contains sufficiently detailed facts satisfying the requirements set out in section 120.60(6), Florida Statutes, and we do not have the authority here to weigh the evidence or look behind those averments to question their veracity. There in turn is ample factual detail in the order to establish a credible concern of a continuing public danger and a necessity for emergency action. The facts also support the conclusion that the restriction placed on the petitioner's license was narrowly tailored to meet the threat appearing on the face of the order. This is the extent of our review. See § 120.60(6)(c), Fla. Stat. ("The agency's findings of immediate danger, necessity, and procedural fairness are judicially reviewable.").
Here, the allegations against Petitioner were sufficiently detailed to show an "immediate serious danger to the public health, safety, or welfare" to permit the Department to issue the emergency order. § 120.60(6). Contrary to Petitioner's contention, the language of the statute does not require actual harm to have occurred before an emergency order can issue. It is sufficient for the Department to allege "possible harm" creating an immediate serious danger, so long as the other requirements of section 120.60(6) are satisfied. Bio-Med Plus, Inc. v. State, Dep't of Health , 915 So. 2d 669, 673 (Fla. 1st DCA 2005).
The text also tells us that the label an agency attaches to its decision does not control whether the statute's presumptive stay provision applies. Section 120.68(3) refers to an agency decision that "has the effect of suspending or revoking a license." (Emphasis added.) This calls to mind provisions of the Administrative Procedure Act referring to agency decisions that annul, withdraw, restrict, or limit a license. § 120.60(5) - (6), Fla. Stat. Agency-specific statutes might use comparable terms. What matters under section 120.68(3) is that the agency decision be the functional equivalent of a suspension or revocation and that the decision act on an existing license.
To satisfy the demanding standards of section 120.60(6), the factual allegations in the order must show "(1) the complained of conduct is likely to continue; (2) the order is necessary to stop the emergency; and (3) the order is sufficiently narrowly tailored to be fair." Id. at 1291. Further, the "agency's stated reasons for acting cannot be general or conclusory, but must be factually explicit and persuasive concerning the existence of a genuine emergency." Id. at 1290 (internal quotations and citation omitted). Among other things, the Legislature required that the Department's order disclose "its reasons for concluding that the procedure used is fair under the circumstances." § 120.60(6)(c), Fla. Stat. These statutory safeguards ensure a proper balance between protecting the public from harm and preserving licensees’ "property interest prior to giving them full due process." Nath v. State Dep't of Health, 100 So. 3d 1273, 1276 (Fla. 1st DCA 2012).
. . . It argues, first, that it is entitled to a license by default under § 120.60(1), Florida Statutes (2015 . . . Appellant argues, however, that it is entitled to a default license anyway, because, under § 120.60(1 . . . Bronson , 843 So.2d 294 (Fla. 1st DCA 2003) (" Section 120.60(1) provides that the agency must approve . . . Section 120.60(1) makes the issuance of a default license "[s]ubject to the satisfactory completion of . . . Under these circumstances, where the applicant has failed the pre-licensure examination, § 120.60(1) . . .
. . . Section 120.60(6), Florida Statutes (2017), authorizes the State Surgeon General to restrict a clinical . . . ANALYSIS Section 120.60(6) authorizes a state agency to take emergency disciplinary action against a . . .
. . . non-final nonfinal action by an administrative law judge, and agency orders entered pursuant to section 120.60 . . .
. . . Section 120.60(6), Florida Statutes (2017) authorizes the Department to take emergency action to restrict . . . immediate review of that nonfinal agency action by a petition for review filed with an appellate court. § 120.60 . . .
. . . Dep't of Ins. , 685 So.2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla. Stat.). . . .
. . . As supporting authority, AHCA cited sections 120.60 and 408.814, which permit it to take emergency action . . . when it finds an immediate threat to public safety, health, safety, or welfare. §§ 120.60(6), 408.814 . . . See § 120.60(6)(c), Fla. Stat.; Sanchez v. . . .
. . . Pursuant to § 120.60(6), Florida Statutes, the Department entered an emergency order restricting Mr. . . . Section 120.60(6) authorizes a state agency to take emergency disciplinary action against a state licensee . . . was not sufficiently narrowly tailored to be fair, Many cases have construed the requirements of § 120.60 . . .
. . . Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla. Stat. (2016). . . .
. . . Law § 120.60. . . . Law § 120.60. . . .
. . . Sections 120.57(l)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. . . .
. . . . § 120.60(6), Fla. Stat. (2015). . . . unishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60 . . .
. . . pose an “immediate serious danger to the public health, safety, or welfare” as required by section, 120.60 . . . See § 120.60(6)(a)-(c), Fla. Stat (2015). . . .
. . . Section 120.60(5), Florida Statutes (2013), permits service by publication in the county of the licensee . . .
. . . Section 120.60(6), Florida Statutes, permits an emergency restriction of a license so long as “[t]he . . .
. . . including non-final action by an administrative law judge, and agency orders entered pursuant to section 120.60 . . .
. . . Statutes, and the process due in these administrative proceedings is codified in sections 120.569, 120.57, 120.60 . . .
. . . .” § 120.60(6)(c), Fla. Stat. (2012) (emphasis added). . . . This, and the other requirements set forth in section 120.60(6), protect a licensee’s right to due process . . . simultaneously with or shortly after issuing the ESO is not, in my view, sufficient by itself to satisfy section 120.60 . . . Arguably, the Department’s inaction here runs afoul of section 120.60(6) and “well-established constitutional . . . Under section 120.60(6), Florida Statutes (2018), Dr. . . . revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon. § 120.60 . . . 120.57 hearing on the Department’s suspension of his license, pursuant to the plain language of section 120.60 . . .
. . . Section 120.60(5), Florida Statutes (2005), requires that an administrative complaint must afford “reasonable . . . action against a licensee on conduct never alleged in the administrative complaint violates section 120.60 . . .
. . . .” § 120.60(6)(c), Fla. Stat. . . . We have jurisdiction under sections 120.60(6) and 120.68(1), Florida Statutes, and Rule 9.100(c)(3), . . .
. . . . § 120.60(5), Fla. Stat. . . .
. . . Daycare that “[t]his letter is considered an administrative complaint of [sic] the purposes of section 120.60 . . . Section 120.60(5) addresses the revocation, suspension, annulment, or withdrawal of any license. § 120.60 . . .
. . . We find that the ESO fails to meet the exacting standards of section 120.60(6), Florida Statutes, because . . .
. . . Section 120.60(6), Florida Statutes (2011), authorizes the State Surgeon General to summarily suspend . . . Section 120.60(6), Florida Statutes (2012), authorizes emergency disciplinary action under the following . . . We conclude that this ESO satisfies the requirements of section 120.60(6) and case law, except for the . . . We are not persuaded that such difficulty satisfies the requirements of section 120.60(6), and in any . . .
. . . administrative law judge, under the-Administrative Procedure Act and agency orders entered pursuant to section 120.60 . . . an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60 . . .
. . . administrative law judge, under the Administrative Procedure Act and agency orders entered pursuant to section 120.60 . . . an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60 . . .
. . . . § 120.60(5), Fla. . . .
. . . .” § 120.60(6)(c), Fla. Stat. (2010); see also Kaplan v. . . . addressed a petitioner’s contention that section 456.074(1) pardoned DOH’s obligation under section 120.60 . . .
. . . As required by section 120.60(3), the denial letter informed Appellant of its right to request an administrative . . .
. . . Such an ESO is subject to the exacting standards of section 120.60(6), Florida Statutes (2009). . . . take only “that action necessary to protect the public interest under the emergency procedure .... ” § 120.60 . . . the Department’s] reasons for concluding that the procedure used is fair under the circumstances.” § 120.60 . . . Because respondent has failed to satisfy even a most basic application of section 120.60(6), we QUASH . . .
. . . Algee’s statement indicated that he had retrieved $76.00 in currency and $120.60 worth of stamps from . . . They counted $76.00 in cash and $120.60 worth of stamps. . . .
. . . Florida Statutes, because it is an agency statement of general applicability that implements section 120.60 . . .
. . . We have jurisdiction under rule 9.100(c)(3) and section 120.60(6), Florida Statutes. Dr. . . . Emergency suspension, restriction or elimination of a license is authorized by section 120.60(6), Florida . . . practice as a licensed optometrist will be promptly instituted and acted upon in compliance with Sections 120.60 . . .
. . . See § 120.60(6), Fla. Stat. (2007); Bio-Med Plus, Inc. v. . . . allegation of widespread personal monetary loss is sufficient to meet the danger requirement of section 120.60 . . . monetary losses can be the type of danger to the public health, safety or welfare addressed by section 120.60 . . . Because the IFO meets the requirements of section 120.60(6), Florida Statutes, it is AFFIRMED and the . . .
. . . Additionally, the “emergency suspension” provision in section 120.60(6), Florida Statutes, requires that . . .
. . . Section 120.60(5) states: No revocation, suspension, annulment, or withdrawal of any license is lawful . . . This assertion is incorrect because section 120.60(3) entitles professional license applicants to a section . . .
. . . is ‘necessary to protect the public interest under the emergency procedure,’ as required by section 120.60 . . . See §§ 120.60(6), 456.072(1)(q), 456.072(2)(b), Fla. Stat. (2006). See, e.g., Bio-Med Plus, Inc. v. . . .
. . . ANALYSIS In regard to licensing, emergency action may be taken under section 120.60(6) of the Florida . . . revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon. § 120.60 . . . Any such finding is subject to review pursuant to sections 120.60(6)(c), 120.68, Florida Statutes (2006 . . . facts did not establish immediate danger to the public health, safety or welfare as required by section 120.60 . . . Given the requirements of section 120.60(6), we find that the order before us fails to demonstrate that . . .
. . . as an insurance agent “has been granted by operation of law” under the default provision of section 120.60 . . .
. . . as an insurance agent “has been granted by operation of law” under the default provision of section 120.60 . . .
. . . One of these is section 120.60(6)(c), Florida Statutes (2005), which allows summary suspension of a license . . . Thus we advert to the provisions of section 120.60(6) of the Administrative Procedures Act, which governs . . . Pursuant to section 120.60(6)(b), an agency is restricted to taking only such action as is necessary . . . Because a formal proceeding under section 120.60(6) was never instituted, it is not necessary that we . . . State, Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005) (“Section 120.60(6)(c) requires, in cases . . .
. . . Licensing Board [Board] has conceded error (failure to notify Castillo’s attorney as required by section 120.60 . . .
. . . is “necessary to protect the public interest under the emergency procedure,” as required by section 120.60 . . .
. . . In our review, we must determine whether the ESO complies with the requirements of section 120.60(6), . . . Section 120.60(6) provides that, when the Department “finds that immediate serious danger to the public . . . As discussed above, to obtain an emergency suspension without hearing, under both section 120.60(6) and . . . Given the requirements of sections 120.60(6) and 499.066(5), we cannot agree. . . . See § 120.60(6)(c), Fla. Stat. (2004). . . . .
. . . the emergency suspension order fails to set forth the factual findings that are required by section 120.60 . . .
. . . Law § 120.60 (McKinney 2004). . . .
. . . DCA 2005), we conclude that the Department’s factual allegations satisfy the requirements of section 120.60 . . .
. . . the DEP and the South Florida Water Management District, this court held that pursuant to sections 120.60 . . .
. . . Pursuant to sections 120.60(6)(c) and 120.68(1), Florida Statutes (2004), Steven A. . . . Section 120.60(6), Florida Statutes (2004), provides that, when an agency “finds that immediate serious . . . reasons for concluding that the procedure used is fair under the circumstances.... ” Under section 120.60 . . . Section 120.60(6)(c) requires, in cases of summary suspension, that the Department promptly institute . . . Section 120.60(6)(c) also provides that “[t]he agency’s findings of immediate danger, necessity, and . . .
. . . petitions this Court for review of the Department of Health’s emergency order issued under section 120.60 . . . that ‘necessary to protect the public interest under the emergency procedure’ as provided in section 120.60 . . .
. . . In an emergency action against a license, section 120.60(6)(b), Florida Statutes (2004), requires that . . . that “necessary to protect the public interest under the emergency procedure” as provided in section 120.60 . . . Punishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60 . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . See section 120.60(6), Florida Statutes (2003). . . .
. . . . § 120.60(5)(2003)(emphasis added). . . .
. . . We affirm the order as it is proper pursuant to Section 120.60(6), Florida Statutes. See Arwas v. . . .
. . . complaint and order of emergency suspension of its recreational vehicle dealer license pursuant to section 120.60 . . .
. . . procedures addressing applications to renew a previously granted nursing home license, we note that section 120.60 . . . Section 120.60(3) provides as follows: Each applicant shall be given written notice either personally . . .
. . . issued by the Department of Agriculture and Consumer Services (the Department) pursuant to section 120.60 . . . health, safety, and welfare Personal monetary losses can be the sort of danger addressed by section 120.60 . . . An EMERGENCY ORDER OF SUSPENSION is required pursuant to Section 120.60(6), Florida Statutes. . . . An IMMEDIATE FINAL CEASE AND DESIST ORDER is required pursuant to section 120.60(6), Florida Statutes . . .
. . . Pursuant to section 559.928(8), applications are subject to the provisions of section 120.60. . . . Section 120.60(1) provides that the agency must approve any application for a license if the agency has . . . Section 120.60(1). . . .
. . . Furthermore, the Division’s actions violated section 120.60(5), Florida Statutes (2000), which prohibits . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . On December 11th, the DEP faxed the landowner a waiver of the ninety day time limit under sections 120.60 . . . Section 120.60, Florida Statutes(2000) provides in pertinent part: (1) Upon receipt of an application . . . Both sections 373.4141(1) and 120.60(1), Florida Statutes provide that the “receipt” of an application . . . Section 120.60(1) provides for receipt by an “agency.” . . .
. . . Department of Health suspended his license pursuant to section 456.074, Florida Statutes (2001), and section 120.60 . . . We affirm, as the order was proper pursuant to section 120.60(6), which provides that the agency may . . .
. . . See § 120.60(5), Fla.Stat. (2000). THOMPSON, C.J., SHARP, W„ and SAWAYA, JJ., concur. . . .
. . . Code 120.10(d), 120.60(c)(1), 120.384(b)(2)(A) (2000). . . . Code 120.60(c)(3) (2000). . . . Code 120.60(c)(4)(C) (2000); see 89 Ill. Admin. . . . Code 120.60(c)(3) (2000). . . . Code 120.60(c)(3)(C) (2000). . . .
. . . this revocation, the DHSMV also opines that it did not have to comply with the provisions of section 120.60 . . .
. . . Respondent failed to comply with the time requirements of section 120.60(1), Florida Statutes. . . . Re spondent failed to comply with the time requirements of section 120.60(1), Florida Statutes. . . .
. . . Broyles’ license to practice medicine on an emergency basis pursuant to section 120.60(6), Florida Statutes . . . does not advance any substantial argument that the order, on its face, fails to comply with section 120.60 . . . “that immediate serious danger to the public health, safety, or welfare requires (such action).” § 120.60 . . .
. . . Stat. (2000), because of respondent’s failure to comply with the time requirements of section 120.60( . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . This award amounts to the sum of $24,128,-120.60. This is not the end of the inquiry. . . .
. . . See N.Y.Crim.Proc.Law §§ 120.70(2)(b), 120.60; see also Titus v. . . .
. . . Champion for deposition transcription costs in the amount of $2,353.18 and copying costs in the amount of $120.60 . . .
. . . Finally, the Plaintiff asserts that the Defendants have violated Florida Statutes Section 120.60 which . . . Ann. § 120.60(3). . . .
. . . the Florida Real Estate Commission (the Commission) failed to comply with the requirements of section 120.60 . . . 3.009(5)(f), the Commission failed to comply with the notice and due process requirements of section 120.60 . . . granted pursuant to section 120.52(9) cannot be revoked or withdrawn without complying with section 120.60 . . . provide notice to Phillips of the intended revocation of his course approval, as required by section 120.60 . . . Section 120.60(5), Florida Statutes (Supp. 1996) provides in pertinent part: No revocation, suspension . . .
. . . application: The Court notes that the parties do not dispute the hourly rate claimed for work performed ($120.60 . . . by the Court in part II.A.3.a., d., and e., above, the Court awards EAJA fees for 167.75 hours, at $120.60 . . .
. . . : Ruth Early, $111.30; (Captain) Edgardo Artuz, $217.90; Pedro Quinones, $222.60; Virginia Winnie, $120.60 . . .
. . . Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997). . . .
. . . contest those facts, petitioners promptly filed requests for a formal hearing under sections 120.569 and 120.60 . . . Section 120.60(3) provides that: “Each applicant shall be given written notice either personally or by . . . t]his notification of your right to an administrative hearing reviewing our decision is pursuant to 120.60 . . . Section 120.60(1) provides in material part that: “Every application for a license shall be approved . . . the'time for the agency to grant or deny the application is tolled while a formal hearing is held. § 120.60 . . .
. . . disciplinary action, as required by chapter 96-159, section 26, at 51, Laws of Florida, creating section 120.60 . . . (5), Florida Statutes (Supp.l996)(ineorporating language from section 120.60(7), Florida Statutes (1993 . . .
. . . .” §§ 120.60(8) & 120.54(9), Fla. Stat. (1995). Under this standard, Dr. . . .
. . . Contrary to Petitioner’s arguments, we conclude that AHCA complied with sections 120.54(9) and 120.60 . . .
. . . At issue in this case is whether Florida law, embodied in Florida Statute 120.60(6) (1993) and Florida . . . The district court deferred to the FDER’s interpretation of section 120.60(6) and rule 17-4.090(1), in . . . In the initial appeal, we concluded that the proper construction of section 120.60(6) and rule 17-4.090 . . . The Florida Supreme Court adopted a “plain meaning” interpretation of section 120.60(6) and rule 17-4.090 . . . Thus, we hold that neither section 120.60(6) nor rule 17-4.090(1) operates to extend the expiration date . . .
. . . We affirm, finding that the appealed order does not violate subsections 120.54(9) and 120.60(8), Florida . . . The controlling statutory provisions are subsections 120.60(8) and 120.54(9)(a) , Florida Statutes (1993 . . .
. . . Under Florida Statutes section 120.60(2), an application must be granted or denied within 90 days, a . . .
. . . The Florida statute which addresses the continuation of expiring licenses is section 120.60(6), Florida . . . If anything, the legislative history of section 120.60 favors LEAF’S position because a prior version . . . is court review of the Department’s final agency action, until a later date is required by Section 120.60 . . . Thus, we hold that neither section 120.60(6) nor rule 17-4.090(1) operates to extend the expiration date . . . Section 120.60(6) provides: When a licensee has made timely and sufficient application for the renewal . . .
. . . because the Board failed to approve or deny her application within ninety days as required by section 120.60 . . . Section 120.60(2) requires an agency to act on a completed application for licen-sure within ninety days . . . date her application was complete; thus, her license “shall be deemed approved” pursuant to section 120.60 . . . We need not reach this issue since we have determined that the Board failed to comply with section 120.60 . . . registered interior designer, her application having been “deemed approved” by operation of section 120.60 . . .
. . . notice of permit denial on the ground that he was entitled to a default permit by operation of sections 120.60 . . . the permit application, appellant is entitled to the issuance of a default permit pursuant to section 120.60 . . .
. . . Fla.Stat.Ann. § 120.60(6) (West Supp.1993) (emphasis added). . . . LEAF points to the legislative history of section 120.60(6) for support of its position. . . . See Appellant’s Brief at 25-29 (discussing legislative history of section 120.60). . . . LEAF argues that the omission of this language from the final version of section 120.60 evidences the . . . Therefore, LEAF contends that the FDER’s interpretation of Fla.Stat.Ann. § 120.60(6) is not entitled . . .
. . . serious danger to the public health, safety, and welfare as required by sections 120.54(9)(a)3 and 120.60 . . .
. . . See § 120.60(7), Florida Statutes (1991). . . .
. . . procedure to be followed by an agency in considering a license application is established in section 120.60 . . .
. . . “Licensing” (permitting) is the subject of a separate section (§ 120.60) of the Administrative Procedure . . . Section 120.60(1) specifically provides that licensing (the process) “is subject to the provisions of . . .
. . . I, § 120.60. . . . .
. . . See, e.g., § 120.60(2), Fla.Stat. (1991). . . .
. . . The applicable notice requirements appear in section 120.60(7), Florida Statutes (Supp.1990), which provides . . . DPR acted with due diligence to determine whether personal service could be made, pursuant to section 120.60 . . . See section 120.60(7), Florida Statutes (Supp.1990). Rehearing was denied. Id. at 728. . . . Accordingly, Appellee failed to satisfy the requirements of section 120.60(7), Florida Statutes (Supp . . .
. . . Notwithstanding any provision of s. 120.60, the department may publish or by rule require the applicant . . . The 90-day time period specified in s. 120.60(2) shall be tolled by the request of the department for . . . petition is filed for a proceeding pursuant to s. 120.57, the time periods and tolling provisions of s. 120.60 . . .
. . . Thus, what the petitioners seek is license revocation pursuant to Section 120.60, Florida Statutes. . . .
. . . CDC claims it has a right to the issuance of a default permit pursuant to section 120.60(2), Florida . . . Thus, CDC did not have a clear right to a default permit under section 120.60(2). . . .
. . . by endorsement, arguing that their licenses should have been deemed approved by operation of section 120.60 . . . Section 120.60(2), Florida Statutes, states that an application for licensure which is not timely acted . . . Section 120.60(2), Fla.Stat. (emphasis added). In World Bank v. . . . To hold otherwise would eviscerate the 180-day requirement of section 120.60(4)(c). . . . The board, thus, did not have authority under section 120.60(2), Florida Statutes, to add conditions . . .