Senate Bill sb1112c2

    Florida Senate - 2006                    CS for CS for SB 1112

    By the Committees on Governmental Oversight and Productivity;
    Community Affairs; and Senator Bennett




    585-1987-06

  1                      A bill to be entitled

  2         An act relating to the issuance of licenses and

  3         development permits; amending s. 120.60, F.S.;

  4         requiring that a state agency include a

  5         citation to the applicable rule 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 development permit under

10         certain conditions; requiring that the notice

11         include a citation to the applicable ordinance;

12         providing criteria for the notice; creating s.

13         166.033, F.S.; requiring a municipality to give

14         written notice of its decision to issue or deny

15         a development permit under certain conditions;

16         requiring that the notice include a citation to

17         the applicable ordinance; providing criteria

18         for the notice; providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Subsection (3) of section 120.60, Florida

23  Statutes, is amended to read:

24         120.60  Licensing.--

25         (3)  Each applicant shall be given written notice

26  either personally or by mail that the agency intends to grant

27  or deny, or has granted or denied, the application for

28  license. The notice must state with particularity the grounds

29  or basis, including a citation to the applicable rule,

30  statute, or both if applicable, for the issuance or denial of

31  the license, except when issuance is a ministerial act.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1112
    585-1987-06




 1  Unless waived, a copy of the notice shall be delivered or

 2  mailed to each party's attorney of record and to each person

 3  who has requested notice of agency action. Each notice shall

 4  inform the recipient of the basis for the agency decision,

 5  shall inform the recipient of any administrative hearing

 6  pursuant to ss. 120.569 and 120.57 or judicial review pursuant

 7  to s. 120.68 which may be available, shall indicate the

 8  procedure which must be followed, and shall state the

 9  applicable time limits. The issuing agency shall certify the

10  date the notice was mailed or delivered, and the notice and

11  the certification shall be filed with the agency clerk.

12         Section 2.  Section 125.022, Florida Statutes, is

13  created to read:

14         125.022  Development permits.--When a county denies an

15  application for a development permit, the county shall give

16  written notice to the applicant. The notice must state the

17  grounds or basis, with citation to the applicable ordinance or

18  other legal authority, for the denial of the development

19  permit. For purposes of a quasi-judicial proceeding, the

20  written notice may refer generally to the record before the

21  decisionmaking body, and such notice is not required to

22  contain written findings of fact or conclusions of law.

23         Section 3.  Section 166.033, Florida Statutes, is

24  created to read:

25         166.033  Development permits.--When a municipality

26  denies an application for a development permit, the

27  municipality shall give written notice to the applicant. The

28  notice must state the grounds or basis, with citation to the

29  applicable ordinance or other legal authority, for the denial

30  of the development permit. For purposes of a quasi-judicial

31  proceeding, the written notice may refer generally to the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1112
    585-1987-06




 1  record before the decisionmaking body, and such notice is not

 2  required to contain written findings of fact or conclusions of

 3  law.

 4         Section 4.  This act shall take effect upon becoming a

 5  law.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                          CS for SB 1112

 9                                 

10  Provides that when a county or municipality denies an
    apllication for a development permit, the county or
11  municipality must give written notice to the applicant. The
    notice must state the grounds, with citation to the applicable
12  legal authority, for the denial of the development permit.

13  Provides that for purposes of a quasi-judicial proceeding, the
    written notice may refer generally to the record before the
14  decsion-making body, and such notice is not required to
    contain written findings of fact or conclusions of law.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.