Florida Statute 120.60 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

View Entire Chapter

F.S. 120.60

120.60 Licensing.—

(1) Upon receipt of a license application, an agency shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information the agency is permitted by law to require. An agency may not deny a license for failure to correct an error or omission or to supply additional information unless the agency timely notified the applicant within this 30-day period. The agency may establish by rule the time period for submitting any additional information requested by the agency. For good cause shown, the agency shall grant a request for an extension of time for submitting the additional information. If the applicant believes the agency’s request for additional information is not authorized by law or rule, the agency, at the applicant’s request, shall proceed to process the application. An application is complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. An application for a license must be approved or denied within 90 days after receipt of a completed application unless a shorter period of time for agency action is provided by law. The 90-day time period is tolled by the initiation of a proceeding under ss. 120.569 and 120.57. Any application for a license which is not approved or denied within the 90-day or shorter time period, within 15 days after conclusion of a public hearing held on the application, or within 45 days after a recommended order is submitted to the agency and the parties, whichever action and timeframe is latest and applicable, is considered approved unless the recommended order recommends that the agency deny the license. Subject to the satisfactory completion of an examination if required as a prerequisite to licensure, any license that is considered approved shall be issued and may include such reasonable conditions as are authorized by law. Any applicant for licensure seeking to claim licensure by default under this subsection shall notify the agency clerk of the licensing agency, in writing, of the intent to rely upon the default license provision of this subsection, and may not take any action based upon the default license until after receipt of such notice by the agency clerk.

(2) If an applicant seeks a license for an activity that is exempt from licensure, the agency shall notify the applicant and return any tendered application fee within 30 days after receipt of the original application.

(3) Each applicant shall be given written notice, personally or by mail, that the agency intends to grant or deny, or has granted or denied, the application for license. The notice must state with particularity the grounds or basis for the issuance or denial of the license, except when issuance is a ministerial act. Unless waived, a copy of the notice shall be delivered or mailed to each party’s attorney of record and to each person who has made a written request for notice of agency action. Each notice must inform the recipient of the basis for the agency decision, inform the recipient of any administrative hearing pursuant to ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68 which may be available, indicate the procedure that must be followed, and state the applicable time limits. The issuing agency shall certify the date the notice was mailed or delivered, and the notice and the certification must be filed with the agency clerk.

(4) When a licensee has made timely and sufficient application for the renewal of a license which does not automatically expire by statute, the existing license shall not expire until the application for renewal has been finally acted upon by the agency or, in case the application is denied or the terms of the license are limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

(5) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the entry of a final order, the agency has served, by personal service or certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57. When personal service cannot be made and the certified mail notice is returned undelivered, the agency shall cause a short, plain notice to the licensee to be published once each week for 4 consecutive weeks in a newspaper published in the county of the licensee’s last known address as it appears on the records of the agency. If no newspaper is published in that county, the notice may be published in a newspaper of general circulation in that county.

(6) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restriction, or limitation of a license, the agency may take such action by any procedure that is fair under the circumstances if:

(a) The procedure provides at least the same procedural protection as is given by other statutes, the State Constitution, or the United States Constitution;

(b) The agency takes only that action necessary to protect the public interest under the emergency procedure; and

(c) The agency states in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances. The agency’s findings of immediate danger, necessity, and procedural fairness are judicially reviewable. Summary suspension, restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon.

(7) No agency shall include as a condition of approval of any license any provision that is based upon a statement, policy, or guideline of another agency unless the statement, policy, or guideline is within the jurisdiction of the other agency. The other agency shall identify for the licensing agency the specific legal authority for each such statement, policy, or guideline. The licensing agency must provide the licensee with an opportunity to challenge the condition as invalid. If the licensing agency bases a condition of approval or denial of the license upon the statement, policy, or guideline of the other agency, any party to an administrative proceeding that arises from the approval with conditions or denial of the license may require the other agency to join as a party in determining the validity of the condition.

History.—s. 1, ch. 74-310; s. 10, ch. 76-131; s. 1, ch. 77-174; ss. 6, 9, ch. 77-453; s. 57, ch. 78-95; s. 8, ch. 78-425; s. 1, ch. 79-142; s. 6, ch. 79-299; s. 2, ch. 81-180; s. 6, ch. 84-203; s. 2, ch. 84-265; s. 1, ch. 85-82; s. 14, ch. 90-51; s. 762, ch. 95-147; s. 26, ch. 96-159; s. 326, ch. 96-410; s. 12, ch. 97-176; s. 7, ch. 2003-94; ss. 4, 5, ch. 2010-279; HJR 9-A, 2010 Special Session A; s. 10, ch. 2012-212.

F.S. 120.60 on Google Scholar

F.S. 120.60 on CourtListener

Amendments to 120.60

Annotations, Discussions, Cases:

Cases Citing Statute 120.60

Total Results: 182

Heifetz v. Dept. of Business Regulation

475 So. 2d 1277, 10 Fla. L. Weekly 2142

District Court of Appeal of Florida | Filed: Sep 13, 1985 | Docket: 196375

Cited 76 times | Published

requirements of law. Appellant next complains that section 120.60(7), Florida Statutes (1983), regarding emergency

Florida Dept. of Transp. v. JWC Co., Inc.

396 So. 2d 778, 1981 Fla. App. LEXIS 20257

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 1448416

Cited 45 times | Published

we find without merit its contention that Section 120.60(2), Florida Statutes, compels DER to accept

Capeletti Bros., Inc. v. STATE DEPT. OF TRANSP.

362 So. 2d 346, 1978 Fla. App. LEXIS 17184

District Court of Appeal of Florida | Filed: Aug 9, 1978 | Docket: 1716104

Cited 34 times | Published

implementing those statutes, are replaced by Section 120.60, providing in part: (1) Unless otherwise provided

Daniels v. Florida Parole & Probation Comm'n

401 So. 2d 1351

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1290044

Cited 32 times | Published

(1975). III. Section 120.68 Judicial Review Section 120.60(1), defining the scope of judicial review permissible

Anheuser-Busch, Inc. v. Dept. of Business

393 So. 2d 1177

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 55936

Cited 29 times | Published

retrospectively, and a licensee discipline order under Section 120.60 has the added potential of assessing severe

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

restriction, or limitation of a license under section 120.60(6), Florida Statutes, a licensee may file with

Legal Assistance v. Bd. of Brevard Cty.

642 So. 2d 1081, 1994 WL 525892

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 1285888

Cited 18 times | Published

addresses the continuation of expiring licenses is section 120.60(6), Florida Statutes (1993), which is contained

Solimena v. State, Dept. of Business Reg.

402 So. 2d 1240

District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 1312974

Cited 18 times | Published

dismiss, the Division's lack of compliance with section 120.60(5)[9] may not be the subject of a claim of

Peoples Bank, Etc. v. State, Dept. of B. & F.

395 So. 2d 521

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 1171154

Cited 18 times | Published

the constitutionality of section 659.03 and section 120.60(3), as *523 amended in 1978,[1] of the Florida

Fla. Soc. of Ophthalmology v. State, Bd. of Optometry

532 So. 2d 1279, 1988 WL 19631

District Court of Appeal of Florida | Filed: Oct 6, 1988 | Docket: 450668

Cited 15 times | Published

0055 obviously is a licensing proceeding, and section 120.60 makes such proceedings subject to section 120

Saviak v. Gunter

375 So. 2d 1080

District Court of Appeal of Florida | Filed: Aug 28, 1979 | Docket: 1352384

Cited 15 times | Published

revocation hearing soon to follow, Saviak urges that Section 120.60(6), Florida Statutes (1978 Supp.) is unconstitutional

DEPT. OF HEALTH & REHAB. v. American Healthcorp

471 So. 2d 1312, 10 Fla. L. Weekly 1548

District Court of Appeal of Florida | Filed: Jun 18, 1985 | Docket: 2546142

Cited 14 times | Published

is automatically deemed approved pursuant to Section 120.60(2), Florida Statutes (1981); HRS has not issued

Walker v. State, Dept. of Transp.

366 So. 2d 96, 1979 Fla. App. LEXIS 14026

District Court of Appeal of Florida | Filed: Jan 4, 1979 | Docket: 1655442

Cited 12 times | Published

08, Revocation of permits and Florida Statute § 120.60(5). Within thirty days of the foregoing notice

Tauber v. STATE BD. OF OSTEOPATHIC MED., EX'RS

362 So. 2d 90

District Court of Appeal of Florida | Filed: Aug 16, 1978 | Docket: 1715927

Cited 11 times | Published

osteopathy in the State of Florida. Pursuant to Section 120.60, Florida Statutes (1977), Petitioner received

Florida Home Builders Ass'n v. Division of Labor

355 So. 2d 1245

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 1360305

Cited 11 times | Published

interests. § 120.57, Fla. Stat. (Supp. 1976), § 120.60, Fla. Stat. (1975). Petitioners have made no colorable

Denney v. Conner

462 So. 2d 534, 10 Fla. L. Weekly 154

District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 1509968

Cited 10 times | Published

summarily suspend or revoke a license pursuant to section 120.60(7) or emergency rules promulgated under section

Criterion Ins. Co. v. ST. DEPT. OF INS

458 So. 2d 22

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 1733151

Cited 10 times | Published

the public health, safety, or welfare... ." Section 120.60(7). The Third District Court of Appeal, in

Premier Travel Intern., Inc. v. State, Dept. of Agriculture and Consumer Serv.

849 So. 2d 1132, 2003 WL 21663717

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 319035

Cited 8 times | Published

Consumer Services (the Department) pursuant to section 120.60, Florida Statutes, requiring Appellants to

Daube v. Department of Health

897 So. 2d 493, 2005 WL 405504

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1416636

Cited 7 times | Published

In an emergency action against a license, section 120.60(6)(b), Florida Statutes (2004), requires that

Cottrill v. Department of Ins.

685 So. 2d 1371, 1996 Fla. App. LEXIS 12879, 1996 WL 710777

District Court of Appeal of Florida | Filed: Dec 12, 1996 | Docket: 1414821

Cited 7 times | Published

creating section 120.60(5), Florida Statutes (Supp.1996)(incorporating language from section 120.60(7), Florida

Stock v. DEPT. OF BANKING & FINANCE

584 So. 2d 112, 1991 Fla. App. LEXIS 7359, 1991 WL 140871

District Court of Appeal of Florida | Filed: Aug 1, 1991 | Docket: 1515247

Cited 7 times | Published

enforcement action or criminal prosecution. Section 120.60(8) states: If the agency finds that immediate

Westchester General Hosp. v. Dept. of Health and Rehabilitative Serv.

419 So. 2d 705, 1982 Fla. App. LEXIS 21118

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 1753980

Cited 7 times | Published

treated as a license revocation proceeding under Section 120.60(6), Fla. Stat. (1979). After a hearing, the

Sheppard v. Board of Dentistry

385 So. 2d 143, 1980 Fla. App. LEXIS 17022

District Court of Appeal of Florida | Filed: Jun 23, 1980 | Docket: 1337882

Cited 7 times | Published

Board of Dentistry to comply with Florida Statutes § 120.60(5),[1] which provides: No revocation, suspension

Bio-Med Plus v. STATE, DEPT. OF HEALTH

915 So. 2d 669, 2005 Fla. App. LEXIS 16640, 2005 WL 2662549

District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 1311013

Cited 6 times | Published

whether the ESO complies with the requirements of section 120.60(6), Florida Statutes (2004), and section 499

Broyles v. STATE DEPT. OF HEALTH

776 So. 2d 340, 2001 Fla. App. LEXIS 434, 2001 WL 45247

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 1378982

Cited 6 times | Published

medicine on an emergency basis pursuant to section 120.60(6), Florida Statutes (1999). Broyles' arguments

Lerro v. DEPT. OF PROFESSIONAL REG.

388 So. 2d 47

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 1520966

Cited 6 times | Published

it required to. It was merely required under Section 120.60(7), Florida Statutes (1979), to show compliance

State v. Fugett

946 So. 2d 80, 2006 WL 3780428

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1771118

Cited 5 times | Published

operation of law" under the default provision of section 120.60(1), Florida Statutes. We have jurisdiction

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

restriction, or limitation of a license under section 120.60(6), Florida Statutes, a licensee may file with

Fonte v. STATE, DEPT. OF ENV. REG.

634 So. 2d 663, 1994 WL 58242

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 1737786

Cited 5 times | Published

the issuance of a default permit pursuant to section 120.60(2), Florida Statutes (1991). Turning to the

Gervais v. DIV. OF ALCOHOLIC BEVERAGES AND TOBACCO

438 So. 2d 90

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 1731845

Cited 5 times | Published

suspension order.[2] Pursuant to section 561.29 and section 120.60(7), Florida Statutes (1981), the Division entered

Kaplan v. State, Department of Health

45 So. 3d 19, 2010 Fla. App. LEXIS 10695, 35 Fla. L. Weekly Fed. D 1654

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 2396824

Cited 4 times | Published

ESO is subject to the exacting standards of section 120.60(6), Florida Statutes (2009). Under this statute

Department of Business & Professional Regulation v. Harden

10 So. 3d 647, 2009 Fla. App. LEXIS 2525, 2009 WL 780007

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 1642106

Cited 4 times | Published

statement of general applicability that implements section 120.60, Florida Statutes, and describes the application

ALLSTATE FLORIDIAN v. Office of Ins. Reg.

981 So. 2d 617, 2008 WL 2048349

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1515665

Cited 4 times | Published

statutes, or the state or federal Constitutions). See § 120.60(6), Fla. Stat. (2007); Bio-Med Plus, Inc. v. Dep't

Saddlebrook Resorts v. Wiregrass Ranch

630 So. 2d 1123, 1993 WL 247145

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 1520703

Cited 4 times | Published

a separate section (§ 120.60) of the Administrative Procedure Act. Section 120.60(1) specifically provides

Doheny v. Grove Isle, LTD.

442 So. 2d 966

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 468998

Cited 4 times | Published

entitled to a "default permit" pursuant to Section 120.60(2), Florida Statutes, which provides in pertinent

Manasota-88, Inc. v. DEPT. OF ENVTL. REG.

441 So. 2d 1109

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1333473

Cited 4 times | Published

applications pursuant to the licensing provisions of § 120.60. DER has not yet issued a notice of proposed agency

Gulfstream Park Racing Ass'n v. State, Dept. of Bus. Reg.

443 So. 2d 113

District Court of Appeal of Florida | Filed: Aug 17, 1983 | Docket: 1746945

Cited 4 times | Published

of the filing of its application and under Section 120.60(2), Florida Statutes (1981), a license must

Donaldson v. ST., DEPT. OF HEALTH & REHAB. S.

425 So. 2d 145

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 1657842

Cited 4 times | Published

representative at the informal conference. See, Section 120.60(6). This court has previously approved a hearing

Meyer v. STATE, DEPT. OF BUS. REGULATION, ETC.

402 So. 2d 527

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 1313081

Cited 4 times | Published

non-compliance with the notice provisions of Section 120.60(5), Florida Statutes (1977),[2] waives the

Schimenti v. School Board of Hernando County

73 So. 3d 831, 2011 Fla. App. LEXIS 17206, 36 Fla. L. Weekly Fed. D 2369

District Court of Appeal of Florida | Filed: Oct 28, 2011 | Docket: 60303489

Cited 3 times | Published

shall be deemed an administrative complaint. Cf. § 120.60(5), Fla. Stat. (2010) (providing agency must serve

Mendelsohn v. State, Department of Health

68 So. 3d 965, 2011 Fla. App. LEXIS 13807, 2011 WL 3837280

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60302400

Cited 3 times | Published

procedure used is fair under the circumstances.” § 120.60(6)(c), Fla. Stat. (2010); see also Kaplan v. State

Field v. STATE, DEPT. OF HEALTH

902 So. 2d 893, 2005 Fla. App. LEXIS 8085, 2005 WL 1262871

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 1257080

Cited 3 times | Published

sexual activity with his or her physician. Section 120.60(6), Florida Statutes (2004), provides that

Levenson v. McCarty

877 So. 2d 818, 2004 WL 1505813

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1684467

Cited 3 times | Published

appears on the records of the agency. Fla. Stat. § 120.60(5)(2003)(emphasis added). *820 This statute is

Florida Interexchange Carriers v. Beard

624 So. 2d 248, 1993 WL 365714

Supreme Court of Florida | Filed: Sep 16, 1993 | Docket: 1517868

Cited 3 times | Published

administrative procedures required to revoke a license. See § 120.60(7), Florida Statutes (1991). The exclusive jurisdiction

Allied Educ. Corp. v. STATE, DEPT. OF EDUC.

573 So. 2d 959, 1991 WL 5004

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 1518794

Cited 3 times | Published

agency's right to proceed in accordance with section 120.60(8), Florida Statutes. We issue this opinion

Polakoff v. DEPT. OF INS. AND TREASURER

551 So. 2d 1223, 1989 WL 104027

District Court of Appeal of Florida | Filed: Sep 8, 1989 | Docket: 527106

Cited 3 times | Published

and an administrative complaint pursuant to section 120.60(8), Florida Statutes. Appellant's notice of

Manasota 88, Inc. v. Tremor

545 So. 2d 439, 1989 WL 64543

District Court of Appeal of Florida | Filed: Jun 16, 1989 | Docket: 1702940

Cited 3 times | Published

permit pursuant to the default provisions of section 120.60(2), Florida Statutes (1987). The notice further

Anderson v. DEPT. OF H & R. SERVICES

482 So. 2d 491, 11 Fla. L. Weekly 246

District Court of Appeal of Florida | Filed: Jan 21, 1986 | Docket: 1769884

Cited 3 times | Published

that formal proceedings in compliance with Section 120.60(7), Florida Statutes, shall be immediately

Gonzalez v. DEPT. OF HEALTH & REHAB. SERV.

418 So. 2d 1128

District Court of Appeal of Florida | Filed: Aug 13, 1982 | Docket: 1289397

Cited 3 times | Published

revoked appellant's licenses without a hearing. Section 120.60(6), Fla. Stat. (1981) provides in part: No

FLORIDA REAL ESTATE COM'N v. Frost

373 So. 2d 939

District Court of Appeal of Florida | Filed: Jul 11, 1979 | Docket: 2551172

Cited 3 times | Published

found the Commission had not complied with Section 120.60(5), Florida Statutes (1977)[1] by first giving

St. Michael's Academy v. State, Dcf

965 So. 2d 169, 2007 WL 2274621

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1509031

Cited 2 times | Published

licensing, emergency action may be taken under section 120.60(6) of the Florida Statutes: 6) If the agency

Legal Environmental Assistance Foundation, Inc. v. Board of County Commissioners of Brevard County, Florida

61 F.3d 25, 25 Envtl. L. Rep. (Envtl. Law Inst.) 21505, 41 ERC (BNA) 1760, 1995 U.S. App. LEXIS 22511, 1995 WL 453026

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1995 | Docket: 391138

Cited 2 times | Published

case is whether Florida law, embodied in Florida Statute 120.60(6) (1993) 3 and Florida Administrative

Legal Environmental Assistance Foundation, Inc. v. Board of County Commissioners of Brevard County, Florida

10 F.3d 1579, 24 Envtl. L. Rep. (Envtl. Law Inst.) 20664, 1994 U.S. App. LEXIS 434, 1994 WL 362

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 1994 | Docket: 846918

Cited 2 times | Published

UIC program. The court first examined section 120.60(6) of the Florida Administrative Procedure

Krakow v. DEPT. OF PRO. REGULATION

586 So. 2d 1271, 1991 WL 193136

District Court of Appeal of Florida | Filed: Sep 30, 1991 | Docket: 1487561

Cited 2 times | Published

should have been deemed approved by operation of section 120.60(2), Florida Statutes, which requires the board

Garcia v. DEPT. OF PROFESSIONAL REG.

581 So. 2d 960, 1991 WL 104523

District Court of Appeal of Florida | Filed: Jun 18, 1991 | Docket: 1283729

Cited 2 times | Published

herein appealed. The appellant contends that Section 120.60(8), Florida Statutes (1988), is unconstitutional

Tropical Park, Inc. v. DEPT. OF BUS. REG.

433 So. 2d 1329

District Court of Appeal of Florida | Filed: Jul 5, 1983 | Docket: 1426351

Cited 2 times | Published

011(2), we need not address the applicability of section 120.60(2) to this petition. Tropical Park is a permitholder

Adult World, Inc. v. STATE, ETC.

408 So. 2d 605

District Court of Appeal of Florida | Filed: Dec 9, 1981 | Docket: 1732574

Cited 2 times | Published

ninety (90) day period allowed the agency by section 120.60(2), Florida Statutes, Petitioner's application

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

256 So. 3d 1218

Supreme Court of Florida | Filed: Oct 25, 2018 | Docket: 8081305

Cited 1 times | Published

judge, and agency orders entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by

Zane Paul Webber v. State of Florida, Dept. of Business etc.

198 So. 3d 922, 2016 Fla. App. LEXIS 11606, 2016 WL 4087794

District Court of Appeal of Florida | Filed: Aug 2, 2016 | Docket: 4115849

Cited 1 times | Published

health, safety, or welfare” as required by section, 120.60(6), Florida Statutes (2015). See also

In re Amendments to the Florida Rules of Appellate Procedure

84 So. 3d 192, 2011 Fla. LEXIS 3036, 2011 WL 7758579

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60306681

Cited 1 times | Published

Procedure Act and agency orders entered pursuant to section 120.60(6), Florida Statutes shall be commenced by

Ft. Myers Real Estate Holdings, LLC v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

53 So. 3d 1158, 2011 Fla. App. LEXIS 1428, 2011 WL 362416

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298008

Cited 1 times | Published

Bill 7882 that may never occur. As required by section 120.60(3), the denial letter informed Appellant of

MacHiela v. STATE, DEPT. OF HEALTH, BOARD OF OPTOMETRY

995 So. 2d 1168, 2008 Fla. App. LEXIS 18486, 2008 WL 5156767

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1684898

Cited 1 times | Published

have jurisdiction under rule 9.100(c)(3) and section 120.60(6), Florida Statutes. Dr. Machiela was arrested

Golfview Nursing Home v. STATE, AHCA

859 So. 2d 581, 2003 WL 22768422

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1684304

Cited 1 times | Published

granted nursing home license, we note that section 120.60(3), Florida Statutes (2000), which addresses

Scott v. Department of State

828 So. 2d 1091, 27 Fla. L. Weekly Fed. D 2384

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 1523212

Cited 1 times | Published

Furthermore, the Division's actions violated section 120.60(5), Florida Statutes (2000), which prohibits

Vichich v. DHSMV

799 So. 2d 1069, 2001 WL 1104242

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1681732

Cited 1 times | Published

did not have to comply with the provisions of section 120.60(5), Florida Statutes (1999), to initiate that

Osborne Stern and Co. v. Dept. of Banking

647 So. 2d 245, 1994 WL 646266

District Court of Appeal of Florida | Filed: Nov 18, 1994 | Docket: 437560

Cited 1 times | Published

applications for license. Under Florida Statutes section 120.60(2), an application must be granted or denied

Collier Dev. Corp. v. STATE DEPT. OF ENV. REG.

592 So. 2d 1107

District Court of Appeal of Florida | Filed: Oct 18, 1991 | Docket: 1429704

Cited 1 times | Published

the issuance of a default permit pursuant to section 120.60(2), Florida Statutes (1989). CDC bases this

Grantham v. Gunter

498 So. 2d 1328, 11 Fla. L. Weekly 2594

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 1334975

Cited 1 times | Published

administrative complaint against Grantham, pursuant to section 120.60(8), Florida Statutes. On February 11, 1986

Lin v. Deptartment of Professional Regulation, Board of Psychological Examiners

444 So. 2d 1105, 1984 Fla. App. LEXIS 11494

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 64602582

Cited 1 times | Published

by the Board is mandatorily required under Section 120.60, because the Board’s final action in denying

Rotstein v. DEPT. OF PROFESSIONAL & OCCUPATIONAL

397 So. 2d 305

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1706668

Cited 1 times | Published

flawed by the Board's failure to comply with Section 120.60(6), requiring, "prior to the institution of

Bigler v. Department of Banking & Finance

394 So. 2d 989

Supreme Court of Florida | Filed: Feb 19, 1981 | Docket: 1315658

Cited 1 times | Published

chapter 77-453, Laws of Florida, which amended section 120.60(3), Florida Statutes (1977). Because their

Carr v. Department of Health, Board of Nursing

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962127

Published

Board to suspend Carr’s nursing license under section 120.60(5), Florida Statutes. The administrative

BAM Trading Services, Inc., D/B/A Binance.US v. State of Florida, Office of Financial Regulation

District Court of Appeal of Florida | Filed: Oct 17, 2024 | Docket: 69273931

Published

grounds that it is facially deficient under section 120.60(6), Florida Statutes, and should therefore

BAM Trading Services, Inc., d/b/a Binance.US v. State of Florida Office of Financial Regulation

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553052

Published

grounds that it is facially deficient under section 120.60(6), Florida Statutes, and should therefore

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67025967

Published

and agency orders entered pursuant tounder section 120.60(6), Florida Statutes, shallmust be commenced

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 16, 2023 | Docket: 67020526

Published

and agency orders entered pursuant tounder section 120.60(6), Florida Statutes, shallmust be commenced

Louis Del Favero Orchids, Inc. v. Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use, and Joseph A. Ladapo, etc.

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64972324

Published

licensure mechanism in section 120.60(1), Florida Statutes (2019). Section 120.60(1) is a general statute

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Supreme Court of Florida | Filed: Feb 24, 2022 | Docket: 63111756

Published

annul, withdraw, restrict, or limit a license. § 120.60(5)-(6), Fla. Stat. Agency- specific statutes

STEPHANIE STOVER, M.D. v. STATE OF FLORIDA DEPARTMENT OF HEALTH

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295936

Published

DISCUSSION Section 120.60(6) delineates the Department’s authority to

Mark Daniels, N.H.A. v. State of Florida, Department of Health

District Court of Appeal of Florida | Filed: Sep 3, 2020 | Docket: 18408685

Published

nursing home administrator license pursuant to section 120.60(6), Florida Statutes (2019). Specifically,

Sebrina Cameron, N.H.A. v. State of Florida, Department of Health

District Court of Appeal of Florida | Filed: Sep 3, 2020 | Docket: 18408684

Published

nursing home administrator license pursuant to section 120.60(6), Florida Statutes (2019). Specifically,

MILA ALF, LLC d/b/a Dixie Lodge Assisted Living Facility v. State of Florida, Agency For Health Care Administration

273 So. 3d 272

District Court of Appeal of Florida | Filed: May 30, 2019 | Docket: 15696097

Published

that it is entitled to a license by default under § 120.60(1), Florida Statutes (2015), because AHCA failed

Gerard Kruse v. State of Florida, Department of Health, etc.

270 So. 3d 475

District Court of Appeal of Florida | Filed: Apr 16, 2019 | Docket: 14945126

Published

Patient L.P. that she was attractive. 6. Section 120.60(6), Florida Statutes (2017), authorizes

Valls v. Dept. of Health

255 So. 3d 515

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015402

Published

or she is not competent to perform. Section 120.60(6), Florida Statutes (2017) authorizes the

Osakatukei O. Omulepu, M.D. v. Department of Health, Board of Medicine

249 So. 3d 1278

District Court of Appeal of Florida | Filed: Jun 22, 2018 | Docket: 7254059

Published

So. 2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla. Stat.). Here, contrary to Dr. Omulepu’s

Rehabilitation Center at Hollywood Hills, LLC v. State of Florida, Agency for Health etc.

250 So. 3d 737

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7224099

Published

could not have been more narrowly tailored. See § 120.60(6)(c), Fla. Stat.; Sanchez v. Dep’t of Health

Juan Francisco Sanchez, R.D.H. v. State of Florida Department of Health

225 So. 3d 964, 2017 Fla. App. LEXIS 12245, 2017 WL 3686780

District Court of Appeal of Florida | Filed: Aug 28, 2017 | Docket: 6144145

Published

facially sufficient. I. Pursuant to § 120.60(6), Florida Statutes, the Department entered an

Lawler v. State, Department of Health

217 So. 3d 208, 2017 WL 1382155, 2017 Fla. App. LEXIS 5262

District Court of Appeal of Florida | Filed: Apr 18, 2017 | Docket: 60265667

Published

Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla. Stat. (2016). The ERO in this case fails

Osakatukei O. Omulepu, M.D. v. State of Florida Department of Health

198 So. 3d 1046, 2016 Fla. App. LEXIS 12300, 2016 WL 4362407

District Court of Appeal of Florida | Filed: Aug 16, 2016 | Docket: 4120624

Published

health, safety, or welfare” requires such action. § 120.60(6), Fla. Stat. (2015). “In addition to alleging

Shang v. Florida Department of Health

171 So. 3d 829, 2015 Fla. App. LEXIS 12417, 2015 WL 4925915

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 60249846

Published

that she was properly served by publication. Section 120.60(5), Florida Statutes (2013), permits service

Jared Duane Slay, RN v. State of Florida, Department of Health

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650251

Published

emergency restrictions on his nursing license. Section 120.60(6), Florida Statutes, permits an emergency

Slay v. State, Department of Health

160 So. 3d 954, 2015 Fla. App. LEXIS 5488, 2015 WL 1650795

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 60246964

Published

*955emergency restrictions on his nursing license. Section 120.60(6), Florida Statutes, permits an emergency

In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 2616692

Published

judge, and agency orders entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by

In Re AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE

183 So. 3d 245, 39 Fla. L. Weekly Supp. 665, 2014 Fla. LEXIS 3296, 2014 WL 5714099

Supreme Court of Florida | Filed: Nov 6, 2014 | Docket: 2593366

Published

orders *260 entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by

In Re AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE

183 So. 3d 245, 39 Fla. L. Weekly Supp. 665, 2014 Fla. LEXIS 3296, 2014 WL 5714099

Supreme Court of Florida | Filed: Nov 6, 2014 | Docket: 2593366

Published

orders *260 entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by

Failer v. State, Department of Health

139 So. 3d 359, 2014 WL 1600453, 2014 Fla. App. LEXIS 5742

District Court of Appeal of Florida | Filed: Apr 22, 2014 | Docket: 60241072

Published

shall also be promptly instituted and acted upon.” § 120.60(6)(c), Fla. Stat. (2012) (emphasis added). This

Christian v. Department of Health, Board of Chiropractic Medicine

161 So. 3d 416, 2014 WL 941904, 2014 Fla. App. LEXIS 3491

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60247134

Published

failure to accurately describe the test results. Section 120.60(5), Florida Statutes (2005), requires that

Burton v. State, Department of Health

116 So. 3d 1285, 2013 WL 3814324, 2013 Fla. App. LEXIS 11548

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60232316

Published

must “be promptly instituted and acted upon.” § 120.60(6)(c), Fla. Stat. Emergency suspension is meant

Sanders v. Department of Children & Families

118 So. 3d 899, 2013 WL 3770841, 2013 Fla. App. LEXIS 11462

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60233469

Published

intended revocation of the foster home license. § 120.60(5), Fla. Stat. Appellants received the notice

Davis Family Day Care Home v. Department of Children & Family Services

117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232682

Published

complaint of [sic] the purposes of section 120.60(5), F.S.” Section 120.60(5) addresses the revocation, suspension

Hunter v. Department of Financial Services

111 So. 3d 992, 2013 WL 1859168, 2013 Fla. App. LEXIS 7283

District Court of Appeal of Florida | Filed: May 6, 2013 | Docket: 60230944

Published

ESO fails to meet the exacting standards of section 120.60(6), Florida Statutes, because it does not contain

Nath v. State Department of Health

100 So. 3d 1273, 2012 Fla. App. LEXIS 20237, 2012 WL 5897613

District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60225621

Published

The Department concluded further that: 7. Section 120.60(6), Florida Statutes (2011), authorizes the

In re Amendments to the Florida Rules of Appellate Procedure

75 So. 3d 239, 2011 WL 5218961

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60303673

Published

Procedure Act and agency orders entered pursuant to section 120.60(6), Florida Statutes shall be commenced by

Heshmati v. Department of Health

983 So. 2d 632, 2008 Fla. App. LEXIS 6689, 2008 WL 1986267

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1756361

Published

Additionally, the "emergency suspension" provision in section 120.60(6), Florida Statutes, requires that suspension

Haines v. Dept. of Children and Families

983 So. 2d 602, 2008 Fla. App. LEXIS 5455, 2007 WL 5082522

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1756434

Published

under Chapter 120 of the Florida Statutes. Section 120.60(5) states: No revocation, suspension, annulment

Henson v. Department of Health

967 So. 2d 404, 2007 Fla. App. LEXIS 16710, 2007 WL 3085015

District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 64852804

Published

under the emergency procedure,’ as required by section 120.60(6)(b), Florida Statutes (2005). The harms discussed

State, Department of Financial Services v. Mistretta

946 So. 2d 79, 2006 Fla. App. LEXIS 21541, 2006 WL 3780412

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 64848513

Published

operation of law” under the default provision of section 120.60(1), Florida Statutes. We have jurisdiction

Oakcrest Early Education Center v. Dcf

936 So. 2d 1174, 2006 WL 2447446

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 1651128

Published

laws derive their authority. One of these is section 120.60(6)(c), Florida Statutes (2005), which allows

Castillo v. State Construction Industry Licensing Board

929 So. 2d 618, 2006 Fla. App. LEXIS 7070, 2006 WL 1331481

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844702

Published

to notify Castillo’s attorney as required by section 120.60(3), Florida Statutes (2005)) and has suggested

Henson v. Department of Health

922 So. 2d 376, 2006 Fla. App. LEXIS 2887, 2006 WL 504180

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 542414

Published

under the emergency procedure," as required by section 120.60(6)(b), Florida Statutes (2005). The harms discussed

Bethencourt-Miranda v. STATE, DOH

910 So. 2d 927, 2005 WL 2240682

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 2580931

Published

forth the factual findings that are required by section 120.60(6)(c), Florida Statutes. We disagree. Because

Yalamanchi v. Department of Health

909 So. 2d 395, 2005 Fla. App. LEXIS 12232, 2005 WL 1844512

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64840127

Published

factual allegations satisfy the requirements of section 120.60(6), Florida Statutes (2004), that the order

Daube v. Department of Health

902 So. 2d 269, 2005 WL 1172289

District Court of Appeal of Florida | Filed: May 19, 2005 | Docket: 2555913

Published

Department of Health's emergency order issued under section 120.60(6), Florida Statutes (2004). The Department

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

restriction, or limitation of a license under section 120.60(6), Florida Statutes, a licensee may file with

Moses v. Florida Department of Health

878 So. 2d 1291, 2004 Fla. App. LEXIS 11697, 2004 WL 1773692

District Court of Appeal of Florida | Filed: Aug 10, 2004 | Docket: 64832055

Published

the public health, safety, or welfare.” See section 120.60(6), Florida Statutes (2003). *1293The petition

Vargas-Leon v. State, Department of Health

871 So. 2d 1035, 2004 Fla. App. LEXIS 6248, 2004 WL 957652

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 64830131

Published

affirm the order as it is proper pursuant to Section 120.60(6), Florida Statutes. See Arwas v. State, 815

Preferred RV, Inc. v. Department of Highway Safety & Motor Vehicles

869 So. 2d 713, 2004 Fla. App. LEXIS 4543, 2004 WL 726829

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 64829195

Published

recreational vehicle dealer license pursuant to section 120.60(6), Florida Statutes. Without a hearing, the

Premier International Travel, Inc. v. Bronson

843 So. 2d 294, 2003 Fla. App. LEXIS 2013, 2003 WL 367119

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 64822338

Published

applications are subject to the provisions of section 120.60. Section 120.60(1) provides that the agency must approve

Tuten v. State, Department of Environmental Protection

819 So. 2d 187, 2002 Fla. App. LEXIS 6612, 2002 WL 985488

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64815924

Published

to begin processing the permit application. Section 120.60, Florida Statutes(2000) provides in pertinent

Arwas v. State

815 So. 2d 712, 2002 WL 662945

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 2237605

Published

section 456.074, Florida Statutes (2001), and section 120.60(6), Florida Statutes (2001). Dr. Arwas appeals

Hamric v. Department of Business & Professional Regulation

814 So. 2d 506, 2002 Fla. App. LEXIS 5640, 2002 WL 1008489

District Court of Appeal of Florida | Filed: Apr 23, 2002 | Docket: 64814510

Published

PER CURIAM. AFFIRMED. See § 120.60(5), Fla.Stat. (2000). THOMPSON, C.J., SHARP, W„ and SAWAYA, JJ.,

South Broward Hospital District v. Brooks

799 So. 2d 280, 2001 Fla. App. LEXIS 12902, 2001 WL 1045930

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 64809976

Published

failed to comply with the time requirements of section 120.60(1), Florida Statutes. We have considered respondent’s

Florida Academy of Cosmetic Surgery, Inc. v. State

771 So. 2d 602, 2000 Fla. App. LEXIS 15181, 2000 WL 1724972

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 258617

Published

failure to comply with the time requirements of section 120.60(1). See State, Department of Transportation

Kotz v. Florida

33 F. Supp. 2d 1019, 1998 U.S. Dist. LEXIS 20833, 1998 WL 954866

District Court, M.D. Florida | Filed: Dec 23, 1998 | Docket: 2382989

Published

the Defendants have violated Florida Statutes Section 120.60 which provides: (2) When an application for

Phillips v. Department of Business & Professional Regulation, Division of Real Estate

737 So. 2d 553, 1998 Fla. App. LEXIS 10333, 1998 WL 476174

District Court of Appeal of Florida | Filed: Aug 13, 1998 | Docket: 64789431

Published

Commission) failed to comply with the requirements of section 120.60(5), Florida Statutes (Supp.1996), in withdrawing

Ago

Florida Attorney General Reports | Filed: Apr 8, 1998 | Docket: 3257534

Published

question: When does the time frame begin under section 120.60, Florida Statutes, for taking final agency

Silver Show, Inc. v. Department of Business & Professional Regulation

706 So. 2d 386, 1998 Fla. App. LEXIS 1369, 1998 WL 64058

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 64779121

Published

Procedures Act (APA) is necessarily involved. Section 120.60(3) provides that: “Each applicant shall be

Johnson v. Board of Architecture & Interior Design

634 So. 2d 666, 1994 Fla. App. LEXIS 1466, 1994 WL 58228

District Court of Appeal of Florida | Filed: Feb 25, 1994 | Docket: 64747387

Published

application within ninety days as required by section 120.60(2), Florida Statutes (1989). Johnson seeks

Shapiro v. State, Department of Professional Regulation, Board of Psychological Examiners

623 So. 2d 1235, 1993 Fla. App. LEXIS 9188, 1993 WL 349934

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 64698652

Published

considering a license application is established in section 120.60, Florida Statutes, incorporating the hearing

Caliente Partnership v. Johnston

604 So. 2d 886, 1992 Fla. App. LEXIS 9256, 1992 WL 206395

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 64669564

Published

486 So.2d 64 (Fla. 4th DCA 1986). . See, e.g., § 120.60(2), Fla.Stat. (1991). Even here, since some public

Schram v. Department of Professional Regulation

603 So. 2d 1307, 1992 Fla. App. LEXIS 8540, 1992 WL 191171

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 64669397

Published

The applicable notice requirements appear in section 120.60(7), Florida Statutes (Supp.1990), which provides

City of Labelle v. Bio-Med Services, Inc.

598 So. 2d 207, 1992 Fla. App. LEXIS 5075, 1992 WL 92417

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 64667122

Published

to, and must be read in conjunction with, section 120.-60(1) which, in turn, incorporates section 120

University Psychiatric Center, Inc. v. Department of Health & Rehabilitative Services

597 So. 2d 400, 1992 Fla. App. LEXIS 4321, 1992 WL 76736

District Court of Appeal of Florida | Filed: Apr 20, 1992 | Docket: 64666770

Published

petitioners seek is license revocation pursuant to Section 120.60, Florida Statutes. That being the case, the

Jennings v. Board of Clinical Social Work, Marriage & Family Therapy & Mental Health Counseling, Department of Professional Regulation

588 So. 2d 656, 1991 Fla. App. LEXIS 11134, 1991 WL 224959

District Court of Appeal of Florida | Filed: Nov 1, 1991 | Docket: 64662787

Published

applicant must be notified within 90 days under Section 120.-60(2), Florida Statutes (1989); We do not reach

Manasota-88, Inc. v. Agrico Chemical Co.

576 So. 2d 781, 1991 Fla. App. LEXIS 1567, 1991 WL 24861

District Court of Appeal of Florida | Filed: Feb 27, 1991 | Docket: 64657432

Published

within the ninety-day period prescribed by section 120.60(2), Florida Statutes (1989). Thereafter, the

Baker v. Office of the Treasurer, Department of Insurance

575 So. 2d 727, 1991 Fla. App. LEXIS 1729, 1991 WL 27187

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 64656859

Published

publication. The rehearing motion was denied. Section 120.60(7), Florida Statutes (1989), provides that

State, Department of Transportation v. Calusa Trace Development, Corp.

571 So. 2d 543, 1990 Fla. App. LEXIS 9410, 1990 WL 202685

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 64655082

Published

system. The issue we must resolve is: Does section 120.60(2),1 Florida Statutes (1989) require the DOT

Milton v. Department of Health & Rehabilitative Services

570 So. 2d 422, 1990 Fla. App. LEXIS 8905, 1990 WL 181563

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 64654673

Published

claims that she is entitled to licensure under Section 120.-60(2), Florida Statutes (1989), because the Department

Bank of Credit & Commerce International (Overseas) Ltd. v. Lewis

570 So. 2d 383, 1990 Fla. App. LEXIS 8733, 1990 WL 178654

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 64654667

Published

1st DCA 1972). The department asserts that section 120.60(5)(a), Florida Statutes, authorizes the actions

Board of Medicine v. Mata

561 So. 2d 364, 1990 Fla. App. LEXIS 3105, 1990 WL 57791

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 64650647

Published

a licensing proceeding governed in part by section 120.60. The Florida Administrative Procedure Act makes

Sumner v. Department of Professional Regulation, Board of Psychological Examiners

555 So. 2d 919, 1990 Fla. App. LEXIS 226, 1990 WL 2069

District Court of Appeal of Florida | Filed: Jan 12, 1990 | Docket: 64647586

Published

not subject to the “deemer” provision under section 120.60(2), Florida Statutes (1987). We affirm. On

Milton v. State, Department of Health & Rehabilitative Services, Inc.

542 So. 2d 1039, 14 Fla. L. Weekly 1005, 1989 Fla. App. LEXIS 2156, 1989 WL 38528

District Court of Appeal of Florida | Filed: Apr 21, 1989 | Docket: 64642254

Published

prior to entry of emergency orders pursuant to Section 120.60(8), Florida Statutes. Lerro v. Department of

Gulf Coast Home Health Services of Florida, Inc. v. Department of Health & Rehabilitative Services

527 So. 2d 262, 13 Fla. L. Weekly 1367, 1988 Fla. App. LEXIS 2517, 1988 WL 59151

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 64635631

Published

relief because the agency failed to follow Section 120.60(2), Florida Statutes, requiring the agency

Alterman Transport Lines, Inc. v. Department of Transportation

519 So. 2d 1005, 12 Fla. L. Weekly 2568, 1987 Fla. App. LEXIS 10916, 1987 WL 1328

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64632610

Published

the statutorily mandated time established in Section 120.60, Florida Statutes. Section 316.515(3)(c), Florida

New England International Surety, Inc. v. State, Department of Insurance

511 So. 2d 731, 12 Fla. L. Weekly 2088, 1987 Fla. App. LEXIS 10013

District Court of Appeal of Florida | Filed: Aug 26, 1987 | Docket: 64629000

Published

England requested a formal hearing pursuant to section 120.60, Florida Statutes (1985). On December 8,1986

ADEC, Inc. v. Department of Natural Resources

507 So. 2d 1225, 12 Fla. L. Weekly 1404, 1987 Fla. App. LEXIS 8575

District Court of Appeal of Florida | Filed: Jun 4, 1987 | Docket: 64627498

Published

additional information; and (6) that by virtue of section 120.-60(2), Florida Statutes, both applications are

DEPT. OF PROFESSIONAL REG. v. Yolman

508 So. 2d 468, 12 Fla. L. Weekly 1366

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1648965

Published

of his rights under section 455.225[2] and section 120.60[3] to a hearing as a licensee. We decline to

Lafergola v. Department of Professional Regulation, Board of Nursing

497 So. 2d 709, 11 Fla. L. Weekly 2353, 1986 Fla. App. LEXIS 10498

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 64623003

Published

failed to comply with the notice requirements of section 120.60(6), Florida Statutes (1983). We agree and reverse

American Healthcorp of Vero Beach, Inc. v. Department of Health & Rehabilitative Services

488 So. 2d 824, 11 Fla. L. Weekly 231, 1986 Fla. LEXIS 2130

Supreme Court of Florida | Filed: May 22, 1986 | Docket: 64619478

Published

Act,” exempted from the general language of section 120.60(2), Florida Statutes (1981), requiring issuance

Health Care & Retirement Corp. of America v. Department of Health & Rehabilitative Services

489 So. 2d 789, 11 Fla. L. Weekly 1119, 1986 Fla. App. LEXIS 7877

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 64619894

Published

Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981), section 120.60(2), Flor0ida Statutes, does not compel an agency

Lanier v. Turlington

488 So. 2d 612, 32 Educ. L. Rep. 865, 11 Fla. L. Weekly 1066, 1986 Fla. App. LEXIS 7764

District Court of Appeal of Florida | Filed: May 7, 1986 | Docket: 64619354

Published

Petitioner,” we conclude, under the terms of section 120.60(2), supra, the lack of timely notice by appellee

Thomson v. State, Department of Environmental Regulation

493 So. 2d 1032, 11 Fla. L. Weekly 1017, 1986 Fla. App. LEXIS 7622

District Court of Appeal of Florida | Filed: May 1, 1986 | Docket: 64621504

Published

grounds or basis” for denial of an application, section 120.60(2), Florida Statutes (1983); therefore, its

Anderson v. Department of Health & Rehabilitative Services

485 So. 2d 849, 11 Fla. L. Weekly 608, 1986 Fla. App. LEXIS 7468

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 64618279

Published

absent emergency suspension of appellant’s license. § 120.60(8) and 120.54(9), Fla.Stat. (1985). HRS also admits

National Freight, Inc. v. State, Department of Transportation

483 So. 2d 742, 11 Fla. L. Weekly 225, 1986 Fla. App. LEXIS 5959

District Court of Appeal of Florida | Filed: Jan 20, 1986 | Docket: 64617515

Published

Therefore, the Department does not consider Section 120.60(6), Florida Statutes, to be applicable. [[Image

Fields v. Turlington

481 So. 2d 960, 29 Educ. L. Rep. 1258, 11 Fla. L. Weekly 150, 1986 Fla. App. LEXIS 5809

District Court of Appeal of Florida | Filed: Jan 8, 1986 | Docket: 64616783

Published

contends that Section 120.60(7), Florida Statutes (1984-Supp.) [formerly Section 120.60(6)], was not complied

Gulf Coast Home Health Services of Florida, Inc. v. Pingree

476 So. 2d 760, 10 Fla. L. Weekly 2347, 1985 Fla. App. LEXIS 16222

District Court of Appeal of Florida | Filed: Oct 10, 1985 | Docket: 64614700

Published

agency. Motion for attorney fees is denied. See section 120.60(2), Fla. Stat. (1983); World Bank v. Lewis

Naples Community Hospital, Inc. v. Department of Health & Rehabilitative Services

463 So. 2d 375, 10 Fla. L. Weekly 217, 1985 Fla. App. LEXIS 12053

District Court of Appeal of Florida | Filed: Jan 18, 1985 | Docket: 64609856

Published

is automatically deemed approved pursuant to Section 120.60(2), Florida Statutes; therefore Community has

Eastern Air Lines, Inc. v. Hillsborough County Aviation Authority

454 So. 2d 1076, 9 Fla. L. Weekly 1920, 1984 Fla. App. LEXIS 14946

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64606551

Published

license, despite the express requirement in section 120.60(2) of the APA that, when an application for

Brookwood Extended Care Centers, Inc. v. State

453 So. 2d 865, 1984 Fla. App. LEXIS 14220

District Court of Appeal of Florida | Filed: Jul 24, 1984 | Docket: 64606218

Published

by the provisions of § 120.60(6), Florida Statutes. HRS acknowledges that § 120.-60(6) does not authorize

Associated Home Health Agency, Inc. v. State Department of Health & Rehabilitative Services

453 So. 2d 104, 1984 Fla. App. LEXIS 13741

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 64606011

Published

proceedings were not properly commenced or conducted. Section 120.60(6), Florida Statutes (1981), provides: (6)

Hillsborough County Board of County Commissioners v. Public Employees Relations Commission

447 So. 2d 1371, 1983 Fla. App. LEXIS 25433

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 64604027

Published

organizations to a separate licensing proceeding under section 120.60, Florida Statutes. As a result thereof, PERC

Department of Business Regulation, Division of Alcoholic Beverages & Tobacco v. Carl & Mike, Inc.

425 So. 2d 190, 1983 Fla. App. LEXIS 18508

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 64594658

Published

although based on the newly raised ground that Section 120.60(7), Florida Statutes (1982), authorizing the

Donaldson v. State, Department of Health & Rehabilitative Services

425 So. 2d 145, 1983 Fla. App. LEXIS 18422

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594640

Published

representative at the informal conference. See, Section 120.60(6). This court has previously approved a hearing

World Bank v. Lewis

425 So. 2d 77, 1982 Fla. App. LEXIS 21915

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 64594627

Published

license to organize a bank on July 24, 1980. Section 120.60(4)(c), Florida Statutes (1979), is pertinent

Peeples v. Pilcher

423 So. 2d 907, 1982 Fla. LEXIS 2613

Supreme Court of Florida | Filed: Sep 23, 1982 | Docket: 64594068

Published

*908estate license, is the licensee entitled under section 120.60(6), Florida Statutes (1979), to demonstrate

Gonzalez v. Department of Health & Rehabilitative Services

418 So. 2d 1128, 1982 Fla. App. LEXIS 20872

District Court of Appeal of Florida | Filed: Aug 13, 1982 | Docket: 64591916

Published

revoked appellant’s licenses without a hearing. Section 120.60(6), Fla. Stat. (1981) provides in part: No

19838 NW, Inc. v. Division of Alcoholic Beverage & Tobacco of the Department of Business Regulation

410 So. 2d 967, 1982 Fla. App. LEXIS 19370

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 64588388

Published

asserting therein, among other things, that Section 120.60 was unconstitutional. On October 21,1981, the

2829 Corp. v. Division of Alcoholic Beverage & Tobacco of the Department of Business Regulation

410 So. 2d 539, 1982 Fla. App. LEXIS 19110

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 64588243

Published

asserting therein, among other things, that Section 120.60 was unconstitutional. On October 19th the Division

Bruner v. Board of Real Estate

409 So. 2d 146, 1982 Fla. App. LEXIS 19074

District Court of Appeal of Florida | Filed: Jan 27, 1982 | Docket: 64587477

Published

writ of prohibition. In Pilcher we construed section 120.60(6), Florida Statutes (1979), as entitling the

Cagan v. Board of Real Estate

409 So. 2d 48, 1981 Fla. App. LEXIS 22049

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 64587449

Published

disposition thereof. . Fla.R.App.P. 9.110(b). . § 120.60, Fla.Stat. (1979). . § 120.52(3), Fla.Stat.

Department of Professional Regulation v. Fernandez-Lopez

407 So. 2d 286, 1981 Fla. App. LEXIS 21855

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 64586758

Published

institution of agency proceedings as required by Section 120.60(6), Florida Statutes (1979). In order for the

World Bank v. Lewis

406 So. 2d 541, 1981 Fla. App. LEXIS 21650

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 64586310

Published

licensing proceeding involving foreign nationals, Section 120.60(4)(c), Florida Statutes, is controlling and

World Bank v. Lewis

406 So. 2d 541, 1981 Fla. App. LEXIS 21650

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 64586310

Published

licensing proceeding involving foreign nationals, Section 120.60(4)(c), Florida Statutes, is controlling and

Pilcher v. Peeples

402 So. 2d 1290, 1981 Fla. App. LEXIS 20755

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 64584830

Published

UPCHURCH, Jr., Judge, dissenting with opinion: Section 120.60(6) requires notice to the licensee of facts

Harness Racing, Inc. v. Rutledge

399 So. 2d 543, 1981 Fla. App. LEXIS 20188

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 64583082

Published

occurred within the 90-day period provided by section 120.60, Florida Statutes (1979), as tolled from February

Palacios v. Florida Department of Insurance

395 So. 2d 243, 1981 Fla. App. LEXIS 18886

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 64581005

Published

licensee was shown by the noncompliance with Section 120.60(6), Florida Statutes (1979), and no prompt

Chavers v. Florida Real Estate Commission

384 So. 2d 963, 1980 Fla. App. LEXIS 16922

District Court of Appeal of Florida | Filed: Jun 23, 1980 | Docket: 64576703

Published

of the agency to comply with Florida Statutes § 120.60(5),1 which requires as a condition precedent to

Peoples Bank of Indian River County v. State, Department of Banking & Finance

378 So. 2d 328, 1980 Fla. App. LEXIS 15598

District Court of Appeal of Florida | Filed: Jan 9, 1980 | Docket: 64573552

Published

sufficiently. The appellants also argue that Section 120.60(3)(a)(2),1 Florida Statutes (Supp. 1978), unconstitutionally

Dreyer v. Florida Real Estate Commission

370 So. 2d 95, 1979 Fla. App. LEXIS 14556

District Court of Appeal of Florida | Filed: May 2, 1979 | Docket: 64569925

Published

petitioners pursuant to Section 475.26 and Section 120.60, Florida Statutes (1977). The complaint was

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3257063

Published

licenses in the same manner as to normal licenses. Section 120.60(2), F. S., is procedural only. I indicated

Inland Capital Corp. v. Lewis

362 So. 2d 676, 1977 Fla. App. LEXIS 17319

District Court of Appeal of Florida | Filed: Nov 22, 1977 | Docket: 64566156

Published

application and license, you may show, pursuant to Section 120.60(4), F.S., your compliance with all lawful requirements

Ago

Florida Attorney General Reports | Filed: May 2, 1977 | Docket: 3257689

Published

possible modifications of the proposed project. Section 120.60(2), F. S. 1975, provided that: When an