Senate Bill sb1112c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1112
By the Committee on Community Affairs; and Senator Bennett
578-1697-06
1 A bill to be entitled
2 An act relating to licensing; amending s.
3 120.60, F.S.; requiring that a state agency
4 include a citation to the applicable rule,
5 statute, or both if applicable, when giving
6 notice of its decision to issue or deny a
7 license; creating s. 125.022, F.S.; requiring a
8 county to give written notice of its decision
9 to issue or deny a license; requiring that the
10 notice include a citation to the applicable
11 ordinance or other legal authority; creating s.
12 166.033, F.S.; requiring a municipality to give
13 written notice of its decision to issue or deny
14 a license; requiring that the notice include a
15 citation to the applicable ordinance or other
16 legal authority; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (3) of section 120.60, Florida
21 Statutes, is amended to read:
22 120.60 Licensing.--
23 (3) Each applicant shall be given written notice
24 either personally or by mail that the agency intends to grant
25 or deny, or has granted or denied, the application for
26 license. The notice must state with particularity the grounds
27 or basis, including a citation to the applicable rule,
28 statute, or both if applicable, for the issuance or denial of
29 the license, except when issuance is a ministerial act.
30 Unless waived, a copy of the notice shall be delivered or
31 mailed to each party's attorney of record and to each person
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1112
578-1697-06
1 who has requested notice of agency action. Each notice shall
2 inform the recipient of the basis for the agency decision,
3 shall inform the recipient of any administrative hearing
4 pursuant to ss. 120.569 and 120.57 or judicial review pursuant
5 to s. 120.68 which may be available, shall indicate the
6 procedure which must be followed, and shall state the
7 applicable time limits. The issuing agency shall certify the
8 date the notice was mailed or delivered, and the notice and
9 the certification shall be filed with the agency clerk.
10 Section 2. Section 125.022, Florida Statutes, is
11 created to read:
12 125.022 Licensing.--Each applicant who applies to a
13 county for a license shall be given written notice either
14 personally or by mail that the county intends to grant or deny
15 the application. The notice must state with particularity the
16 grounds or basis, including a citation to the applicable
17 ordinance or other legal authority, for the issuance or denial
18 of the license. For purposes of this section, the term
19 "license" means a permit, certification, registration, or
20 similar form of authorization required by the county, but the
21 term does not include a license required primarily for revenue
22 purposes when issuance of the license is merely a ministerial
23 act.
24 Section 3. Section 166.033, Florida Statutes, is
25 created to read:
26 166.033 Licensing.--Each applicant who applies to a
27 municipality for a license shall be given written notice
28 either personally or by mail that the municipality intends to
29 grant or deny the application. The notice must state with
30 particularity the grounds or basis, including a citation to
31 the applicable ordinance or other legal authority, for the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1112
578-1697-06
1 issuance or denial of the license. For purposes of this
2 section, the term "license" means a permit, certification,
3 registration, or similar form of authorization required by the
4 municipality, but the term does not include a license required
5 primarily for revenue purposes when issuance of the license is
6 merely a ministerial act.
7 Section 4. This act shall take effect upon becoming a
8 law.
9
10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 1112
12
13 The committee substitute (CS) requires state agencies to cite
any statutory authority it has, along with the applicable
14 rule, as grounds for the issuance or denial of a license in
the agencies' notice of intended agency action. It provides
15 that a local government may cite to "other legal authority" in
a notice of intended action on a licensing application if
16 there is no ordinance based on which the local government has
grounds to deny or issue a license. Also, this CS narrows the
17 definition of "license" for the purposes of ss. 125.022 and
166.033, F.S., which are created in the CS and deletes the
18 reference to the definition of "license" in ch. 120, F.S.
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.