Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1112
Barcode 405114
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 (Constantine) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (3) of section 120.60, Florida
19 Statutes, is amended to read:
20 120.60 Licensing.--
21 (3) Each applicant shall be given written notice
22 either personally or by mail that the agency intends to grant
23 or deny, or has granted or denied, the application for
24 license. The notice must state with particularity the grounds
25 or basis, including a citation to the applicable rule,
26 statute, or both if applicable, for the issuance or denial of
27 the license, except when issuance is a ministerial act.
28 Unless waived, a copy of the notice shall be delivered or
29 mailed to each party's attorney of record and to each person
30 who has requested notice of agency action. Each notice shall
31 inform the recipient of the basis for the agency decision,
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1112
Barcode 405114
1 shall inform the recipient of any administrative hearing
2 pursuant to ss. 120.569 and 120.57 or judicial review pursuant
3 to s. 120.68 which may be available, shall indicate the
4 procedure which must be followed, and shall state the
5 applicable time limits. The issuing agency shall certify the
6 date the notice was mailed or delivered, and the notice and
7 the certification shall be filed with the agency clerk.
8 Section 2. Section 125.022, Florida Statutes, is
9 created to read:
10 125.022 Development permits.--When a county denies an
11 application for a development permit, the county shall give
12 written notice to the applicant. The notice must state the
13 grounds or basis, with citation to the applicable ordinance or
14 other legal authority, for the denial of the development
15 permit. For purposes of a quasi-judicial proceeding, the
16 written notice may refer generally to the record before the
17 decisionmaking body, and such notice is not required to
18 contain written findings of fact or conclusions of law.
19 Section 3. Section 166.033, Florida Statutes, is
20 created to read:
21 166.033 Development permits.--When a municipality
22 denies an application for a development permit, the
23 municipality shall give written notice to the applicant. The
24 notice must state the grounds or basis, with citation to the
25 applicable ordinance or other legal authority, for the denial
26 of the development permit. For purposes of a quasi-judicial
27 proceeding, the written notice may refer generally to the
28 record before the decisionmaking body, and such notice is not
29 required to contain written findings of fact or conclusions of
30 law.
31 Section 4. This act shall take effect upon becoming a
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1112
Barcode 405114
1 law.
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5 And the title is amended as follows:
6 Delete everything before the enacting clause
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8 and insert:
9 A bill to be entitled
10 An act relating to the issuance of licenses and
11 development permits; amending s. 120.60, F.S.;
12 requiring that a state agency include a
13 citation to the applicable rule when giving
14 notice of its decision to issue or deny a
15 license; creating s. 125.022, F.S.; requiring a
16 county to give written notice of its decision
17 to issue or deny a development permit under
18 certain conditions; requiring that the notice
19 include a citation to the applicable ordinance;
20 providing criteria for the notice; creating s.
21 166.033, F.S.; requiring a municipality to give
22 written notice of its decision to issue or deny
23 a development permit under certain conditions;
24 requiring that the notice include a citation to
25 the applicable ordinance; providing criteria
26 for the notice; providing an effective date.
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