| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the issuance of licenses and |
| 7 | development permits; amending s. 120.52, F.S.; revising |
| 8 | the definition of "license"; amending s. 120.60, F.S.; |
| 9 | requiring that a state agency include a citation to the |
| 10 | applicable rule or statute when giving notice of the |
| 11 | decision to issue or deny a license; creating s. 125.022, |
| 12 | F.S.; requiring a county to give written notice of the |
| 13 | decision to deny a development permit; requiring that the |
| 14 | notice include a citation to the applicable ordinance; |
| 15 | creating s. 166.033, F.S.; requiring a municipality to |
| 16 | give written notice of the decision to deny a development |
| 17 | permit; requiring that the notice include a citation to |
| 18 | the applicable ordinance; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (9) of section 120.52, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 120.52 Definitions.--As used in this act: |
| 25 | (9) "License" means a franchise, permit, building permit, |
| 26 | certification, registration, charter, or similar form of |
| 27 | authorization required by law, but it does not include a license |
| 28 | required primarily for revenue purposes when issuance of the |
| 29 | license is merely a ministerial act. |
| 30 | Section 2. Subsection (3) of section 120.60, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 120.60 Licensing.-- |
| 33 | (3) Each applicant shall be given written notice either |
| 34 | personally or by mail that the agency intends to grant or deny, |
| 35 | or has granted or denied, the application for license. The |
| 36 | notice must state with particularity the grounds or basis, |
| 37 | including a citation to the applicable rule, statute, or both, |
| 38 | if applicable, for the issuance or denial of the license, except |
| 39 | when issuance is a ministerial act. Unless waived, a copy of the |
| 40 | notice shall be delivered or mailed to each party's attorney of |
| 41 | record and to each person who has requested notice of agency |
| 42 | action. Each notice shall inform the recipient of the basis for |
| 43 | the agency decision, shall inform the recipient of any |
| 44 | administrative hearing pursuant to ss. 120.569 and 120.57 or |
| 45 | judicial review pursuant to s. 120.68 which may be available, |
| 46 | shall indicate the procedure which must be followed, and shall |
| 47 | state the applicable time limits. The issuing agency shall |
| 48 | certify the date the notice was mailed or delivered, and the |
| 49 | notice and the certification shall be filed with the agency |
| 50 | clerk. |
| 51 | Section 3. Section 125.022, Florida Statutes, is created |
| 52 | to read: |
| 53 | 125.022 Development permits.--When a county denies an |
| 54 | application for a development permit, the county shall give |
| 55 | written notice to the applicant. The notice must state the |
| 56 | grounds or basis, with citation to the applicable ordinance or |
| 57 | other legal authority, for the denial of the development permit. |
| 58 | Section 4. Section 166.033, Florida Statutes, is created |
| 59 | to read: |
| 60 | 166.033 Development permits.--When a municipality denies |
| 61 | an application for a development permit, the municipality shall |
| 62 | give written notice to the applicant. The notice must state the |
| 63 | grounds or basis, with citation to the applicable ordinance or |
| 64 | other legal authority, for the denial of the development permit. |
| 65 | Section 5. This act shall take effect upon becoming a law. |