Florida/Georgia Personal Injury & Workers Compensation

...)(b)9, Florida Statutes (1983), and that the Division's substituted findings of fact and conclusions of law are not supported by competent, substantial evidence and do not comport with the essential requirements of law. Appellant next complains that section 120.60(7), Florida Statutes (1983), regarding emergency suspension of licenses, is unconstitutional on its face and as applied in this case....

...ation and another Section 120.57(1) hearing, DER would request that the same DOAH hearing officer who conducted the proceeding below be assigned to hear the new application. Further, as to DOT's first point, we find without merit its contention that Section 120.60(2), Florida Statutes, compels DER to accept additional information tendered by DOT, even after a formal Section 120.57(1) hearing....

...he burden of proof in this case. This contention, if accepted, would render the hearing a review of action already taken by DER. That is not the function of a hearing conducted in accordance with the provisions of Florida Statutes §§ 120.57(1), or 120.60....

...ida Administrative Code, effective March 23, 1980, apply to agency investigations "preliminary to agency action." New Rule 28-5.101 makes Chapter 28 applicable, specifically, "to all proceedings under Section 120.57, as well as those initiated under 120.60 or 120.54(16) which are required to be conducted in accordance with Section 120.57, F.S., to the extent that an agency has not adopted its own specific rules of procedure..." New Rule 28-5.110(1) provides, however, that the model rules do not...

...as provided in the case of a person refused an original certificate. Proceedings under Section 337.16 for revocation of a contractor's certificate of qualification are in effect license revocation proceedings cognizable under Sections 120.52(7) and 120.60. Any inconsistent DOT procedures under Sections 337.15-.16, or under rules implementing those statutes, are replaced by Section 120.60, providing in part: (1) Unless otherwise provided by statute enacted subsequent to the effective date of this act, licensing is subject to the provisions of s....

...has properly been entered pursuant to Section 120.59, after proceedings under Section 120.57. The only exception to that rule in license revocation proceedings is for prevention of "immediate serious danger to the public health, safety, or welfare." Section 120.60(6)....

...as immune from judicial scrutiny. See Marsh v. Garwood, 65 So.2d 15, 21 (Fla. 1953). In our judgment, a jurisdictional base has been provided, subsequent to Moore, by Section 120.68 of the Florida Statutes (1975). III. Section 120.68 Judicial Review Section 120.60(1), defining the scope of judicial review permissible, broadly states: "A party who is adversely affected by final agency action is entitled to judicial review." It follows then that in order to have standing to seek such review, a per...

...on but unregulated industry practice, Florida Cities, supra, 384 So.2d at 1281; and second, because rules make policy prospectively after notice, whereas orders extract policy from events viewed retrospectively, and a licensee discipline order under Section 120.60 has the added potential of assessing severe and judicially unreviewable penalties for violation of a statutory norm made explicit only by the disciplinary order....

...The filing of the motion shall not operate as a stay. The lower tribunal or court may grant a stay upon appropriate terms. Review of orders entered by lower tribunals shall be by the court on motion. (B) When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60(6), Florida Statutes, a licensee may file with the reviewing court a motion for stay on an expedited basis....

...Subdivision (e)(2)(B) deals with stays of orders which suspend licenses on an emergency basis. Before entering an emergency suspension order, the agency must make a finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60(6), Fla....

...§ 144.37(d) (1993). Therefore, upon application for a new permit, the State may continue a previously issued permit until the effective date of the new permit if "State law allows." The Florida statute which addresses the continuation of expiring licenses is section 120.60(6), Florida Statutes (1993), which is contained in the Administrative Procedure *1083 Act (APA). [2] Although the statute provides general guidance on expiring permits, it does not specifically address expiring underground injection permits. If anything, the legislative history of section 120.60 favors LEAF's position because a prior version of the statute allowed extensions of existing permits upon a timely application for renewal of a license or for a new license with reference to any activity of a continuing nature....

...When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or, if there is court review of the Department's final agency action, until a later date is required by Section 120.60, F.S....

...We reject the department's argument that because a construction permit usually includes authority to operate for a short period of time, this means that applying for an operating permit is the equivalent of seeking renewal of a construction permit. Thus, we hold that neither section 120.60(6) nor rule 17-4.090(1) operates to extend the expiration date on a construction and testing permit when an application for an operating permit has been submitted....

...Testing Permit; and (3) Class I — Injection Well Operating Permit. Fla. Admin. Code Ann. r. 17-28.320, 17-28.330, 17-28.340 (1990). [2] Ch. 120, Fla. Stat. (1993). The Administrative Procedure Act applies to all administrative agencies in Florida. Section 120.60(6) provides: 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 has been finally acted upo...

...SUNDBERG, Chief Justice. Appellant seeks review of the Department of Banking and Finance's denial of its application for a banking license under chapter 659, Florida Statutes (1977). The appellant attacks the constitutionality of section 659.03 and section 120.60(3), as *523 amended in 1978, [1] of the Florida Statutes, and alleges that the agency improperly considered certain material without affording the appellant an opportunity to refute it....

...thority to the Department. We considered and rejected the same argument in our recent decision in Bigler v. Department of Banking, 394 So.2d 989, (Fla. 1981). We likewise reject appellant's argument based on this authority. The appellant argues that section 120.60(3)(a)2 of the Administrative Procedure Act violates equal protection of the law and procedural due process by requiring banking applicants to request a hearing within twenty-one days of publication of notice of the banking application in the Florida Administrative Weekly....

...o deprives appellant of its constitutional rights. The statutory language gives plain notice that an applicant or any party wishing to challenge the application must either request a hearing within twenty-one days or waive any right to a hearing. Subsection 120.60(3) provides: In proceedings for the issuance, denial, renewal, or amendment of a license or approval of a merger pursuant to title XXXVI or title XXXVII: (a) 1....

...See Stewart Bonded Warehouse, Inc. v. Bevis, 294 So.2d 315 (Fla. 1974). The appellant cannot at this late date claim that it was denied due process because the agency acted adversely on its application. We also reject the appellant's equal protection attack on subsection 120.60(3)(a)2....

...The party challenging a statute has the burden of establishing its invalidity. Milliken v. State, 131 So.2d 889 (Fla. 1961). In our opinion the appellant in this case has not carried its burden in establishing why the time requirements imposed under subsection 120.60(3)(a)2 should rationally apply to other license applicants if it is to be constitutionally applied to applicants for a banking license. We hold that subsection 120.60(3)(a)2 is constitutional....

...We also find no merit in appellant San Pedro's argument that the Division divested him of his right to a hearing before DOAH pursuant to section 120.57. The Division acted pursuant to court order. Because appellants failed to file prompt motions to dismiss, the Division's lack of compliance with section 120.60(5) [9] may not be the subject of a claim of prejudice. Sheppard v. Board of Dentistry, 385 So.2d 143 (Fla. 1st DCA), petition for review denied, 392 So.2d 1379 (Fla. 1980); see Florida Real Estate Commission v. Frost, 373 So.2d 939 (Fla. 4th DCA 1979). Solimena moved to dismiss for noncompliance with section 120.60(5) during hearings which were held several months after the notices to show cause were issued. The notice requirement of section 120.60(5) serves to inform a licensee of pending charges and allows him to prepare a prompt repudiation....

...San Pedro also contends that the Division failed to afford him the opportunity for a hearing prior to issuing its order denying his application for renewal of his license in violation of chapter 120. We note, however, that the Division's order informed the applicant of his right to a hearing under section 120.60(2). We find no violation of section 120.60(5)....

...Barchi, 443 U.S. 55, 99 S.Ct. 2642, 61 L.Ed.2d 365 (1979). [8] Because some violations were not discovered until after the close of the meet, they were brought to the attention of stewards other than those who presided at the time of the actual violations. [9] § 120.60(5), Fla....

...eding. These statutory provisions represent legislative recognition of the concept of standing as an essential component of the administrative process. The certification of optometrists under section 463.0055 obviously is a licensing proceeding, and section 120.60 makes such proceedings subject to section 120.57....

...Strom Maxwell, Tallahassee, and Patrick F. Maroney, Orlando, for appellees. PER CURIAM. Appealing from an emergency order of the Department of Insurance suspending her insurance agent license on December 29, 1978, pending a full revocation hearing soon to follow, Saviak urges that Section 120.60(6), Florida Statutes (1978 Supp.) is unconstitutional in that it does not provide in terms for an adversary hearing, with attendant right to call witnesses and cross-examine accusers, before an emergency license suspension....

...re the full-pledged formal hearing, tantamount to a Section 120.57(1) proceeding, to which Saviak lays claim. See Mathews v. Eldrige, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). Whatever pretermination hearing may be constitutionally required, Section 120.60(6) is not facially invalid for failing to require that hearing; it is sufficient that the opportunity for hearing was in fact provided....

...On its face the emergency suspension order sufficiently states particularized facts showing an immediate danger to the public welfare in the continuation of Saviak's insurance license during the period before the scheduled plenary hearing on the proposed revocation of her license. Sections 120.60(6), 120.54(9)(a)....

...15 working days, whether appellee's application was complete, and to issue or deny a CON within the subsequent 45 days; since HRS failed to issue or deny a CON within the appropriate time period, the CON is automatically deemed approved pursuant to Section 120.60(2), Florida Statutes (1981); HRS has not issued a CON to appellee; and appellee has a clear, legal right to compel HRS to perform its ministerial duty of issuing the CON because of its failure to render a timely determination....

...ight on his part, an indisputable legal duty on the part of respondents, and that no other adequate remedy exists." State, Department of Health and Rehabilitative Services v. Hartsfield, 399 So.2d 1019, 1020 (Fla. 1st DCA 1981). Appellee argues that section 120.60(2) provides both its clear right and HRS's indisputable legal duty. HRS answers that Section 381.494(8)(c), Florida Statutes (1982), provides an exception to section 120.60(2), and that appellee had other adequate remedies. Section 120.60(2) states in pertinent part: (2) ......

...ir applications is established in Section 381.494(8)(c), Florida Statutes. If appellants' application has yet to be processed, HRS shall make its determination as soon as possible." 452 So.2d at 978. Balsam reflects that section 381.494(8)(c) — not section 120.60(2) — supplies the remedy for a delay in determination of a CON application....

...1st DCA 1983) ( general statute covering entire subject matter and manifestly designed to embrace all the regulations of the subject, may supersede a former statute covering only a portion of the subject, when such intent is manifest, even though the two statutes are not entirely repugnant). Section 120.60(2) provides for licensure by default, while section 381.494(8)(c), targeted specifically at the CON application process, allows only for "appropriate legal action ......

...to force the department to render a determination." The latter provision still allows HRS to carry out its statutorily mandated, exclusive duty to issue or deny CONs in its discretion. Also, Section 381.494(8)(c), Florida Statutes (1982), appears to specifically exempt, as required by section 120.60(2), HRS in its CON application review process, from the time limitations in 120.60(2)....

...Finally, we address the impact of the 1984 amendment to section 381.494(8)(c). Chapter 84-35, Section 12, Laws of Florida, added the following sentence to 381.494(8)(c): "When making a determination on an application for a certificate of need, the department is specifically exempt from the time limitations provided in s. 120.60(2)." The amendment took effect on May 18, 1984....

...NOTES [1] Rule 10-5.08(1), Florida Administrative Code. [2] This conclusion is further supported by the principle that "the last expression of legislative will is the law, and, therefore, that the last in point of time ... prevails." Kiesel, 388 So.2d at 596. The legislature added 120.60(2)'s licensure by default provision in 1976, Chapter 76-131, Section 10, Laws of Florida, and added the relevant language in 381.494(8)(c) in 1980....

...e law permits including by but not limited to the removal of the sign(s) in violation without further notice. " (emphasis supplied) This printed portion of the notice complies with Florida Statute § 479.08, Revocation of permits and Florida Statute § 120.60(5)....

......, to formal or informal proceedings under Section 120.57." Capeletti, ante, 362 So.2d at 348. The intended withdrawal of Mr. Walker's authorization to maintain his I-75 signs was a "licensing" matter both in terms of Sections 120.52(7), (8), and 120.60, and in terms of the Department's rules of licensing in effect in 1976. Chapter 14-7, Fla. Admin. Code, eff. June 26, 1975. [10] As the Department recognized by its August 19, 1976 notice, Section 120.57 proceedings are appropriate in licensing proceedings. Section 120.60(1). Although Sections 120.60(4) and (5) recognize the distinction between licenses that "automatically expire by statute" and licenses which are revoked, suspended, annulled, or withdrawn, and those statutes require only for the latter that the licensee be "given an oppor...

...nt elected to treat Mr. Walker as entitled, even in August 1976, to make a "timely and sufficient application for the renewal of a license" and as entitled "to show that he has complied with all lawful requirements for the retention of the license." Section 120.60(4), (5). Mr. Walker was thus entitled to "reasonable notice by certified mail or actual service ... of facts or conduct which warrant the intended action." Section 120.60(5); Fla....

...omentarily without rules applicable to petitioners without their consent, may entertain petitioners' applications for registration in proceedings for an agency order determining petitioners' substantial interests. § 120.57, Fla. Stat. (Supp. 1976), § 120.60, Fla....

...Petitioner seeks our writ of certiorari directed to the State Board of Osteopathic Medical Examiners (referred to as Board) as a result of the latter's temporary suspension of Petitioner's license to practice osteopathy in the State of Florida. Pursuant to Section 120.60, Florida Statutes (1977), Petitioner received by certified mail a "Notice of Emergency Hearing to Consider Emergency Suspension of License." The notice *91 of hearing was received on March 15, 1978 for a hearing to be conducted on March 17, 1978....

...hin the State of Florida. Chapter 459, Florida Statutes (1977). The Florida Administrative Procedure Act, Chapter 120, Florida Statutes (1977), governs the procedural format for the Board's actions concerning the licensing of osteopathic physicians. Section 120.60(5) and (6) provide: "(5) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency has given reasonable notice by certified mail or actual service to...

...g by the board. Within ten (10) days following the entry of the final order by the board, a copy thereof shall be delivered to the respondent, either personally or by registered or certified mail." When Section 459.14(7) is read in pari materia with Section 120.60(5) and 120.60(6) it becomes obvious that Section 120.60(5) and Section 459.14(7) both provide for a final determination as to suspension or revocation of a license. Neither section deals with the temporary or summary suspension of a license which is provided for in Section 120.60(6)....

...the temporary suspension of a medical doctor's license without a hearing, the Petitioner here was provided notice and an opportunity to be heard. Subsequent to the temporary revocation, formal proceedings were instituted by the Board as required by Section 120.60(6)....

...eopathic medical practice. We can conceive of no greater emergency of immediate necessity than that which endangers the preservation of human life. Accordingly, certiorari is DENIED and the Board is directed to conduct formal proceedings pursuant to Section 120.60(6) in a timely manner upon adequate notice....

...120.59(3) order is an order involving summary suspension of a license without a prior hearing based on a finding that continued operation under the license would constitute an "immediate serious damage to the public health, safety, or welfare... ." Section 120.60(7)....

...3d DCA 1981), has approved the right of a regulatory agency to suspend a license without a pre-suspension hearing to the party affected, conditioned, however, upon its providing a prompt, post-suspension hearing. An emergency suspension order, cognizable under both sections 120.59(3) and 120.60(7), does not per se, however, furnish a basis for injunctive relief in circuit court....

...There is simply no reason why the administrative order of April 8, 1983 should be accorded *29 different treatment than is given those orders involving licensing suspensions. Both are 120.59(3) orders and the sufficiency of such orders should be tested by applying the provisions of sections 120.59(3), 120.54(9) and 120.60(7) in pari materia with one another....

...e emergency.' Florida Home Builders v. Division of Labor, 355 So.2d 1245, 1246 (Fla. 1st DCA 1978). Review of an order entered pursuant to section 120.59(3) is analogous to that accorded orders which summarily suspend or revoke a license pursuant to section 120.60(7) or emergency rules promulgated under section 120.54(9)....

...William N. Graham and Raymond C. Conklin, Tallahassee, for Appellee. BROWNING, J. These consolidated cases are appeals from three immediate final orders (IFOs) issued by the Department of Agriculture and Consumer Services (the Department) pursuant to section 120.60, Florida Statutes, requiring Appellants to cease and desist from acting as sellers of travel and sellers of business opportunities....

...and Prof'l Regulation, 631 So.2d 338 (Fla. 4th DCA 1994). These IFOs do not, on their face, demonstrate immediate danger, necessity, or procedural fairness. A. Immediate threat to public health, safety, and welfare Personal monetary losses can be the sort of danger addressed by section 120.60, Florida Statutes....

...s danger to the public safety or welfare of unwary and unsuspecting consumers who purchase travel services from Respondent as said consumers may be unaware of Respondent's fraudulent dealings. An EMERGENCY ORDER OF SUSPENSION is required pursuant to Section 120.60(6), Florida Statutes....

...ty or welfare of unwary and unsuspecting consumers who purchase business opportunities from Respondents as said consumers may be unaware of Respondents' activities as alleged here-in. An IMMEDIATE FINAL CEASE AND DESIST ORDER is required pursuant to section 120.60(6), Florida Statutes....

...had forfeited its exemption by failing to be under physical and continuous construction by July 1, 1979. At that time Westchester's construction had not gone beyond site preparation. The complaint was treated as a license revocation proceeding under Section 120.60(6), Fla....

...On the sixth point, it was not required that the Secretary of HRS and the Administrator of the Office of Community Medical Facilities personally sign the administrative complaint. Those who signed had the authority to do so. On the seventh and last point, assuming, arguendo, that license revocation procedure Section 120.60(6), Fla. Stat. (1979) applies, *709 there is evidence to support the hearing officer's conclusion that Section 120.60(6) was followed....

...Guilday, of Akerman, Senterfitt & Eidson, Tallahassee, for respondent. BOOTH, Judge. This cause is before us on petition for review of the order of the hearing officer denying motion to dismiss a license revocation proceeding due to failure of the Board of Dentistry to comply with Florida Statutes § 120.60(5), [1] which provides: No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency has given reasonable notice by certified mail or actual service to the l...

...under the statute. It is conceded that no notice was given petitioner prior to the filing of the complaint. In September of 1978, petitioner answered and filed his first motion to dismiss on several grounds, but not including failure to comply with § 120.60(5)....

...The first motion to dismiss was denied, and hearing was scheduled but subsequently, on motion of both sides, continued. Pre-trial hearing was subsequently scheduled for September 17, 1979. On August 28, 1979, petitioner filed his second motion to dismiss, raising for the first time failure to comply with § 120.60(5). The hearing officer initially stated at the time of the oral argument that the motion to dismiss would be granted, but on reconsideration entered an order allowing respondent to comply with § 120.60(5), within 30 days....

...tweigh any inconvenience or time lost by meeting the pre-filing requirements of the statute. It is not intended that this informal reply be a substitute for hearing allowed under Chapter 120 on the merits of the charges. Notification and reply under § 120.60(5) supplements the agency's own investigation. Compliance is a prerequisite to the filing of the administrative complaint. A complaint filed in a license revocation proceeding without compliance with the notice requirements of § 120.60(5) is subject to immediate dismissal on a motion of the licensee. Florida Real Estate Commission v. Frost, 373 So.2d 939 (Fla. 4th DCA 1979). However, in the instant case, the licensee failed to promptly assert failure to comply with § 120.60(5) and instead chose to move for dismissal on other grounds and to file an answer to the complaint....

...scovery proceedings with respect thereto. He is informed as to the *146 nature of the proceedings and has had opportunity to reply. We note, however, that the belated notice and hearing procedure ordered below is not a substitute for compliance with § 120.60(5) and will not defeat the licensee's right to dismissal of the complaint if noncompliance is properly and promptly asserted. Here, there is no showing of prejudice to the licensee for failure to comply with § 120.60(5) and no prompt assertion of noncompliance as a basis for dismissal. Accordingly, the order below is AFFIRMED and the cause REMANDED for further proceedings. MILLS, C.J., and ROBERT P. SMITH, Jr., J., concur. NOTES [1] Florida Statutes (1978). Subsection now renumbered § 120.60(6).

...Thereafter, DOH issued its order suspending his license to practice medicine on an emergency basis. Petitioner sought a stay of the emergency order arguing that a suspension of his license was not necessary to prevent future harm. In an emergency action against a license, section 120.60(6)(b), Florida Statutes (2004), requires that an agency take only that action necessary to protect the public interest....

...1st DCA 2003); White Const. Co. Inc. v. State, Dep't of Transp., 651 So.2d 1302, 1305 (Fla. 1st DCA 1995). Because the agency's emergency order was broader than that "necessary to protect the public interest under the emergency procedure" as provided in section 120.60(6)(b), a more narrowly tailored emergency order is appropriate....

...General conclusory predictions of harm are not sufficient to support the issuance of an emergency suspension order. See Florida Ass'n of Health Maint. Org. v. Dep't of Ins., 771 So.2d 1222 (Fla. 1st DCA 2000). Punishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60(5) wherein the licensee is afforded the opportunity to challenge the factual basis of the complaint through a section 120.57(1) hearing....

...sion. As to these putative violations, the administrative complaint did not afford "reasonable notice to the licensee of facts or conduct which warrant" disciplinary action, as required by chapter 96-159, section 26, at 51, Laws of Florida, creating section 120.60(5), Florida Statutes (Supp.1996)(incorporating language from section 120.60(7), Florida Statutes (1993), with minor modifications not relevant here)....

...SUSPENSION OF REGISTRATION Section 517.161(6)(b) states: Any order of suspension or restriction under this subsection shall: 1. Take effect only after a hearing, unless no hearing is requested by the registrant or unless the suspension or restriction is made in accordance with s. 120.60(8)....

...Contain a finding that evidence of a prima facie case supports the charge made in the enforcement action or criminal prosecution. 3. Operate for no longer than 10 days beyond receipt of notice by the department of termination with respect to the registrant of the enforcement action or criminal prosecution. Section 120.60(8) states: If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restriction, or limitation of a license, it shall show compliance in its order with the requirements imposed by s....

...28-6, Licensing, Florida Administrative Code, prescribes the procedure to be followed in the revocation of a license. Florida Administrative Code Rule 28-6.009(1) provides that an administrative complaint must be served upon the licensee pursuant to section 120.60(6), Florida Statutes (now section 120.60(7))....

...request of an aggrieved party. (3) Unless otherwise provided by law, within twenty (20) days after emergency action taken pursuant to subsection (1), the Agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.60 and 120.57, F.S... . We view the Department's simultaneous service of the administrative complaint with the emergency order by hand-delivery upon Stock as a compliance with the requirement of section 120.60(8) that a suspension or revocation proceeding be promptly instituted and acted upon....

...aring for many reasons, including interviewing and scheduling witnesses for a hearing. If Stock had made her wishes known that an early hearing was desired, both DOAH and the Department would have been required to expedite the hearing as required by section 120.60(8), Florida Statutes, and rule 28-6.011(2), Florida Administrative Code....

...supported by competent, substantial evidence. However, the propriety of the probable cause hearing is not before us. The DPR did not purport to rely solely on the evidence adduced at that hearing, nor was it required to. It was merely required under Section 120.60(7), Florida Statutes (1979), to show compliance in its order with the requirements imposed by Section 120.54(9) on agencies making emergency rules....

...onstituted negligence or whether the evidence that is ultimately presented at the formal hearing will be sufficient to support any formal disciplinary action that then may be taken. [2] The formal proceedings were promptly instituted, as required by Section 120.60(7), Florida Statutes (1979), and as the order itself stated that they would be, and the formal hearing is presently scheduled for October 20 of this year.

...ime as a prescription drug wholesaler presents an unacceptable risk of injury to the frail and seriously ill consuming public and their prescribing practitioners. II. In our review, we must determine whether the ESO complies with the requirements of section 120.60(6), Florida Statutes (2004), and section 499.066(5), Florida Statutes (2004). See Field v. Dep't of Health, 902 So.2d 893, 894-95 (Fla. 1st DCA 2005). Section 120.60(6) provides that, when the Department "finds that immediate serious danger to the public health, safety or welfare requires emergency suspension, restriction, or limitation of a license ...," the Department may take such action by any...

...Regulation, 363 So.2d 1162, 1164 (Fla. 1st DCA 1978)). It is not enough for the ESO merely to allege statutory violations. Robin Hood Group, Inc. v. Fla. Office of Ins. Regulation, 885 So.2d 393, 396 (Fla. 4th DCA 2004). As we explained in Field: Under section 120.60(6)(b) in an emergency action to suspend a license an agency may take only that action necessary to protect the public interest....

...Establishing the basis for an emergency suspension without a hearing, however, places a greater burden on the Department than a proceeding under sections 120.569 and 120.57. As discussed above, to obtain an emergency suspension without hearing, under both section 120.60(6) and section 499.066(5), and applicable case law, among other things, the Department must set forth facts demonstrating an "immediate danger to the public health, safety or welfare" before an ESO may be entered. The Department argues that, because Bio-Med and its affiliates have been charged with various felonies in the federal indictment, the requirements of sections 120.60(6) and 499.066(5) have been satisfied....

...of of the violation of section 499.012(5)(i) may satisfy the Department's burden in a proceeding under sections 120.569 and 120.57, an issue we do not reach, an allegation of such a violation does not, by itself, satisfy the requirements of sections 120.60(6) and 499.066(5)....

...Further, *674 the Department argues that, because the actions alleged in the indictment are so contrary to the public health and safety and continued over a long period of time, we should deem such actions as continuous and an immediate risk or danger to the public. Given the requirements of sections 120.60(6) and 499.066(5), we cannot agree....

...[ESO]" and there were "[n]o allegations or findings in the order... that would support an inference of such continuing conduct."). As we stated in Daube, Punishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60(5) wherein the licensee is afforded the opportunity to challenge the factual basis of the complaint through a section 120.57(1) hearing....

...-Med continues to supply a large volume of plasma-derivative pharmaceuticals to numerous hospitals operated by the U.S. Department of Defense and the U.S. Bureau of Prisons. Our review, however, is limited solely to the facts alleged in the ESO. See § 120.60(6)(c), Fla....

...Simone Marstiller of Agency for Health Care Administration, Tallahassee, for Appellee. PER CURIAM. In his pro se petition, Dr. Bradley J. Broyles contests an order entered by the Department of Health suspending Dr. Broyles' license to practice medicine on an emergency basis pursuant to section 120.60(6), Florida Statutes (1999). Broyles' arguments, however, primarily contest the factual matters set out in the Department's order. He does not advance any substantial argument that the order, on its face, fails to comply with section 120.60(6). As the Department notes, the statute provides that it may take emergency action against a licensee upon a finding "that immediate serious danger to the public health, safety, or welfare requires (such action)." § 120.60(6), Fla.Stat....

...Elizabeth Gervais, the owner of the Stardust Bar, filed a petition for writ of certiorari [1] seeking review of an emergency order entered by the Division of Alcoholic Beverages and Tobacco which suspended operation of the bar's liquor license. We affirm the suspension order. [2] Pursuant to section 561.29 and section 120.60(7), Florida Statutes (1981), the Division entered its order of emergency suspension on June 29, 1983, after beverage officers observed ten drug transactions take place at the bar over a five-day period....

...not be suspended or revoked or civil penalty imposed, and a full hearing was held on this matter on July 7, 1983. [3] The only question presented here at this stage of the proceedings is the appropriateness of the emergency order of suspension. *91 Section 120.60(7) authorizes an agency to enter an emergency order summarily suspending, restricting, or limiting a license if the agency finds that an immediate, serious danger to the public health, safety, or welfare requires such action....

...The filing of the motion shall not operate as a stay. The lower tribunal or court may grant a stay upon appropriate terms. Review of orders entered by lower tribunals shall be by the court on motion. (B) When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60(6), Florida Statutes, a licensee may file with the reviewing court a motion for stay on an expedited basis....

...Subdivision (e)(2)(B) deals with stays of orders which suspend licenses on an emergency basis. Before entering an emergency suspension order, the agency must make a finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60(6), Fla....

...e alleged August 30, 1989 letter requesting additional information. Mr. Fonte requested a formal administrative hearing at which he contested the notice of permit denial on the ground that he was entitled to a default permit by operation of sections 120.60 and 403.0876(2), Florida Statutes (1991)....

...law." National Industries, Inc. at 898. Because we conclude that the hearing officer correctly determined that the Department failed to timely act to deny the permit application, appellant is entitled to the issuance of a default permit pursuant to section 120.60(2), Florida Statutes (1991)....

...judge (ALJ) of the Department of Administrative Hearings, recommending that DFS enter a final order determining that Respondent's application to be licensed as an insurance agent "has been granted by operation of law" under the default provision of section 120.60(1), Florida Statutes....

...Gardinier owns and operates a phosphoric chemical plant in Hillsborough County at the mouth of the Alafia River. It is currently proposing major modifications to the plant and has filed numerous permit applications pursuant to the licensing provisions of § 120.60. DER has not yet issued a notice of proposed agency action on those applications. Fla. Admin. Code Rule 17-1.62. Appellants derive their theory of entitlement to intervene at this stage from several statutory provisions. First, § 120.60(2) which provides in part that: When an application for a license is made as required by law, the agency shall conduct the proceedings required with reasonable dispatch, ......

...ering the emergency (i.e., the remedy is tailored to the harm); and, (3) Procedural fairness under the circumstances (the procedure provides at least the same procedural protection given by other statutes, or the state or federal Constitutions). See § 120.60(6), Fla....

...ndicating Allstate's claims handling practices arbitrarily reduced bodily injury claim payments to its policyholders and beneficiaries by up to 20%. This allegation of widespread personal monetary loss is sufficient to meet the danger requirement of section 120.60, Florida Statutes. See Premier Travel, 849 So.2d at 1134 (holding personal monetary losses can be the type of danger to the public health, safety or welfare addressed by section 120.60); Stock v....

...The scope of OIR's investigation cannot be limited by Allstate's unilateral actions. Suspension of Allstate's Certificates of Authority was one of OIR's statutorily available options when Allstate refused to cooperate in the investigation. Because the IFO meets the requirements of section 120.60(6), Florida Statutes, it is AFFIRMED and the stay is lifted....

...Following an evidentiary hearing, the administrative law judge (ALJ) concluded that the committee procedure by which [Harden's] application was reviewed meets the definition of a `rule' set forth at subsection 120.52(15), Florida Statutes, because it is an agency statement of general applicability that implements section 120.60, Florida Statutes, and describes the application approval of the CILB....

...." (Emphasis supplied.) Therefore, when a party (Saddlebrook) applies to an agency (SWFWMD) for a permit, the agency jurisdiction is invoked and its permitting process is activated. Jurisdiction and process are not synonymous. "Licensing" (permitting) is the subject of a separate section (§ 120.60) of the Administrative Procedure Act. Section 120.60(1) specifically provides that licensing (the process) "is subject to the provisions of s....

...ermined by the District and shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. Specifically, this part applies to all proceedings under Section 120.57, Florida Statutes, as well as those initiated under Section 120.60.......

...KAHN, J. Petitioner, Dr. Stephen L. Kaplan, seeks review of an emergency suspension order (ESO), suspending his medical license, entered by the respondent, State of Florida, Department of Health. Such an ESO is subject to the exacting standards of section 120.60(6), Florida Statutes (2009). Under this statute, the Department may take only "that action necessary to protect the public interest under the emergency procedure . . . ." § 120.60(6)(b), Fla....

...Moreover, the review of such an order is limited to the face of the order itself, and the order must disclose "the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and [the Department's] reasons for concluding that the procedure used is fair under the circumstances." § 120.60(6)(c), Fla....

...Most pointedly, and as demonstrated by petitioner, the conduct complained of involved treatment of one patient and occurred over three years before entry of the ESO. No harm to that patient, or any other patient, has been alleged by the Department. Because respondent has failed to satisfy even a most basic application of section 120.60(6), we QUASH the emergency suspension order under review....

...Beamer, informing appellant of the intended action against him, and giving appellant the opportunity to defend his license at an informal conference. Appellant has not challenged Mrs. Beamer's authority to give such notification, nor her appearance as the agency representative at the informal conference. See, Section 120.60(6)....

...er 90 days had passed between the date DER received Grove Isle's above-referred June 25, 1981, letter and the date that Grove Isle was informed of DER's denial of the permit. Grove Isle asserted that it was entitled to a "default permit" pursuant to Section 120.60(2), Florida Statutes, which provides in pertinent part: Within 30 days after receipt of an application for a license, the agency shall examine the application, notify the applicant of any apparent errors or omissions, and request any additional information the agency is permitted by law to require......

...ue of the provisions of Section 403.0876, Florida Statutes, [3] to request *973 from Grove Isle "information needed to clarify such additional information," and that the agency's failure to do so prevented it from claiming that the "90 day clock" of Section 120.60(2) was tolled; (2) that although DER was therefore precluded from thereafter actively opposing before the hearing officer Grove Isle's application, a default permit should nevertheless not be issued because of the intervention of Mr....

...it in this case. Part I of Chapter 403, Florida Statutes, is known as the "Florida Air and Water Pollution Control Act." Section 403.0876 thereof, which is set forth in footnote 3, supra, governs the processing of permit applications under that Act. Section 120.60(2) of the Administrative Procedures Act also governs the processing of licensing applications by an agency and further provides for the circumstances under which a "default permit" must be issued....

...ation. Grove Isle's rather peremptory response was tantamount to a refusal to articulate the additional information which it would have to rely upon to demonstrate that the project was clearly in the public interest. Under both Sections 403.0876 and 120.60(2), the responsibility of providing timely requested information is on the applicant, not the agency....

...sed that the agency deemed the application to be deficient to the extent that DER intended to reject the application in the absence of correction of such deficiencies. Such construction of that rule is also consistent with the following provision of Section 120.60(2): Failure to correct an error or omission or to supply additional information shall not be grounds for denial of the license unless the agency timely notified the applicant within this 30-day period....

...ee Calfin v. State of Florida, Department of Business Regulation, Division of Pari-Mutuel Wagering, 391 So.2d 739 (Fla. 4th DCA 1980); (2) failure to challenge by appropriate motion the Division's alleged non-compliance with the notice provisions of Section 120.60(5), Florida Statutes (1977), [2] waives the right to complain of non-compliance, see Sheppard v....

...promulgated rules, there is absolutely no reason to disturb the decision of the Division. Affirmed. NOTES [1] Meyer's license had actually expired before the Division's action, and his application for a new license had been denied. [2] Renumbered as § 120.60(6), Fla....

...the date after which the Commission was free to act. That being the case, its argument continues, more than ninety days (sixteen before the stipulation and seventy-five after April 15) elapsed from the time of the filing of its application and under Section 120.60(2), Florida Statutes (1981), a license must issue....

...NOTES [1] On the certainty of death and taxes, see Daniel Defoe, History of the Devil, and Benjamin Franklin, Letter to M. Leroy, 1789. On the certainty of the annual battle between Gulfstream and Hialeah, consult indices to the Southern Reporter under either name. [2] Section 120.60(2) provides in pertinent part: "[E]very application for license shall be approved or denied within 90 days after receipt of the original application......

...such in Orange County. On September 9, 1988, appellant was charged in a twelve-count information with racketeering, conspiracy to commit racketeering, loansharking, and illegal transportation of currency. On September 28, 1988, pursuant to sections 120.60(8), 648.45(1), and 648.50(1), Florida Statutes, the Insurance Commissioner issued an order temporarily suspending all licenses issued to appellant within the purview of the Department of Insurance....

...number, dealing in stolen property, and insurance fraud. On March 7, 1989, the Insurance Commissioner issued an amended emergency suspension order temporarily suspending all licenses issued to appellant within the purview of the Department of Insurance, and an administrative complaint pursuant to section 120.60(8), Florida Statutes....

...s to compete over specific routes nor do they have a vested interest in providing service in the areas affected by Order No. 25708. Therefore, the Commission was not obligated to follow the administrative procedures required to revoke a license. See § 120.60(7), Florida Statutes (1991)....

...For purposes of this rule, an agency pleading or communication that seeks to exercise an agency’s enforcement authority and to take any kind of disciplinary action against a licensee or other person shall be deemed an administrative complaint. Cf. § 120.60(5), Fla....

...Lamb of Ruden, McClosky, Smith, Schuster & Russell, P.A., Tampa, for Petitioner. Gladys E. Cherry, Senior Attorney, Department of Health, Bureau of Health Care, Prosecution Services Unit, Tallahassee, for Respondent. VAN NORTWICK, J. Pursuant to sections 120.60(6)(c) and 120.68(1), Florida Statutes (2004), Steven A....

...Exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician. Section 120.60(6), Florida Statutes (2004), provides that, when an agency "finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restriction, or limitation of a license ....

...ting 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. . . ." Under section 120.60(6)(b), in an emergency action to suspend a license an agency may take only that action necessary to protect the public interest....

...See Daube v. Dep't of Health, 897 So.2d 493 (Fla. 1st DCA 2005); Premier Travel Int'l, Inc. v. Dep't of Agric., 849 So.2d 1132, 1137 (Fla. 1st DCA 2003); White Constr. Co., Inc. v. State, Dep't of Transp., 651 So.2d 1302, 1305 (Fla. 1st DCA 1995). Section 120.60(6)(c) requires, in cases of summary suspension, that the Department promptly institute a formal suspension or revocation proceeding pursuant to sections 120.569 and 120.57, Florida Statutes (1999). In these formal proceedings, licensees may dispute the factual matters relied upon by the Department. Broyles v. Dep't of Health, 776 So.2d 340, 341 (Fla. 1st DCA 2001). Section 120.60(6)(c) also provides that "[t]he agency's findings of immediate danger, necessity, and procedural fairness are judicially reviewable." In addition, under section 120.68(1): a party who is adversely affected by final agency action is entitled to judicial review....

...This proceeding stems from a 1985 application by Agrico Chemical Company (Agrico) to mine certain wetland areas at its Payne Creek site in Polk County. On May 8, 1987, D.E.R. issued a "notice of agency action" wherein it announced its intention to grant the permit pursuant to the default provisions of section 120.60(2), Florida Statutes (1987)....

...ing that a formal hearing was legally unwarranted, moved to dismiss Manasota's petition. Tremor, the hearing officer assigned by D.O.A.H., agreed to limit the proceedings before her to the sole question whether Agrico, by virtue of the provisions of section 120.60(2), was entitled to a permit by default....

...d, 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. Fla. Stat. § 120.60(5)(2003)(emphasis added)....

...nd make a recommendation as to disposition. When the matter came before the Hearing Officer the respondents' motion to dismiss the complaint was heard and granted. The motion alleged and the Hearing Officer found the Commission had not complied with Section 120.60(5), Florida Statutes (1977) [1] by first giving notice to the respondents and allowing them "to show that (they have) complied with all lawful requirements for the retention of the license." The Order of the Hearing Officer which we ar...

...State Board of Accountancy, Division of Professions, Department of Professional and Occupational Regulation, 355 So.2d 216 (Fla. 1 DCA 1978) which says Hearing Officers have authority to make preliminary rulings on motions to dismiss cases properly before them. CERTIORARI DENIED. ANSTEAD and MOORE, JJ., concur. NOTES [1] Section 120.60(5), Florida Statutes (1977): No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency has given reasonable notice by certified mail or actual servic...

...Consequently, we have ordered this appeal expedited. The authority for HRS to suspend appellant's license is found in sections 402.3055, 402.310, and 402.312. Authority to issue a summary order requiring emergency suspension of a license is contained in sections 120.60(8) and 120.54(9), Florida Statutes (1985)....

...being issued by this agency and is attached. 3. It is therefore ordered that License No. CCC 002 issued to Lucy Anderson for the operation of Anderson's Child Care Center is hereby immediately suspended and that formal proceedings in compliance with Section 120.60(7), Florida Statutes, shall be immediately instituted....

...The report contains no information indicating that formal criminal or civil charges were actually prosecuted or that this incident was ever the subject of any type judicial determination. *495 Anderson contends that the emergency order should be vacated and set aside for failure to meet the requirements of sections 120.60(8) and 120.54(9), Florida Statutes (1985), because it fails to show specific facts and reasons for finding an immediate danger to the public health, safety, and welfare, and, further, that it contains no facts or reasons from which to conclude...

...insufficient to establish that Anderson's husband is disqualified and his presence at the facility violates the statute. The power of HRS to issue an emergency order suspending appellant's license must be exercised in strict compliance with sections 120.60(8) and 120.54(9), Florida Statutes (1985). See sections 402.3055 and 402.310, Florida Statutes (1985). Section 120.60(8) states that if the agency "finds that immediate serious danger to the public health, safety, or welfare" requires emergency suspension of a license, it "shall show compliance in its order with the requirements imposed by s....

...of abuse, we do not find these facts sufficient to show an immediate serious danger to public health. Absent additional facts in the order showing a likelihood of immediate harm to the children, we find the order insufficient to comply with sections 120.60(8) and 120.54(9)....

...We find, however, that the agency cannot justify its action after the fact. We previously granted relief to the petitioner by unpublished order, quashing the cease and desist order without prejudice to the agency's right to proceed in accordance with section 120.60(8), Florida Statutes....

...We issue this opinion to explain our reasons for doing so. Section 246.2265 was enacted by the 1989 Florida Legislature and it clearly authorizes the action taken by the Board. We note, however, this provision does not contain the procedural safeguards encompassed in section 120.60(8)....

...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, *961 necessity, and procedural fairness shall be judicially reviewable. Further, section 120.60(8) requires that if summary action is taken against a license, "a formal suspension or revocation proceeding under this section shall also be promptly instituted and acted upon." Absent these procedures, emergency action taken by an ag...

...State, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, 395 So.2d 604, 605-07 (Fla. 3d DCA 1981); Commercial Consultants, 363 So.2d at 1165. In order to construe section 246.2265 so as to find it constitutional, we read it in pari materia with section 120.60(8) and find that the procedures set forth in the APA must be followed by the Board when issuing a cease and desist order to a licensee. In the instant case, the Board's actions did not comply with section 120.60(8) in any material respect....

...en able to ascertain, these were not evidentiary hearings. Finally, the section 120.57(1) hearing, which is now scheduled for February 26, 1991, is not sufficiently "prompt" after the November 9, 1990 action to satisfy the procedural requirements of section 120.60(8)....

...The general rule is that an ESO will not be upheld unless the order on its face sets out “the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and [DOH’s] reasons for concluding that the procedure used is fair under the circumstances.” § 120.60(6)(c), Fla....

...way that poses an immediate danger to public safety. In Bethencourt-Miranda v. State, Department of Health, 910 So.2d 927 (Fla. 1st DCA 2005), this court addressed a petitioner’s contention that section 456.074(1) pardoned DOH’s obligation under section 120.60(6) to provide proof in the ESO that the need for suspension was based on public safety and that the practitioner’s actions posed an immediate danger to public safety....

...HRS adopted the stipulation in a final order on May 20, 1981. Subsequently, HRS made a report documenting several alleged violations of the stipulated agreement and requesting revocation. After reviewing the report, HRS revoked appellant's licenses without a hearing. Section 120.60(6), Fla....

...Womer's application became complete, and 101 days after Dr. Krakow's application became complete. Both doctors petitioned for a section 120.57(1) hearing to challenge the denial of their applications for licensure by endorsement, arguing that their licenses should have been deemed approved by operation of section 120.60(2), Florida Statutes, which requires the board to approve or deny a license application within 90 days of the date an application is complete....

...t only upon "successful completion of the National Chiropractic Board Examination, Parts I, II, and a Clinical Competency Examination (Part III) within three years from the date of the filing of the final order... ." Appellants challenge that order. Section 120.60(2), Florida Statutes, states that an application for licensure which is not timely acted upon must be "deemed approved," and that such approval is only subject to the condition of an examination if an examination is required: Any appli...

...a license which is not approved or denied within the 90-day or shorter time period .. . shall be deemed approved; and, subject to the satisfactory completion of an examination, if required as a prerequisite to licensure, the license shall be issued. Section 120.60(2), Fla....

...Lewis, 425 So.2d 77 (Fla. 1st DCA 1982), the appellants who had filed an application for a bank charter, were not notified of approval or denial of the application within the 180-day period required by statute. The applicable statute in that case, comparable to section 120.60(2), which applies in the instant case, requires that any application for license not approved or denied within the 180-day period "shall be deemed approved subject to the satisfactory completion of conditions required by statute as a p...

...This court held that [d]epartmental discretion in the matter is foreclosed. The application having been approved by default, the imposition of such a condition subsequent to default approval is impermissible. To hold otherwise would eviscerate the 180-day requirement of section 120.60(4)(c)....

...Once the board failed to act in a timely manner, it was precluded from considering the merits of the appellants' application and, in accordance with World Bank, the application must be deemed approved. The board, thus, did not have authority under section 120.60(2), Florida Statutes, to add conditions to appellants' license....

...The other said, that based on his examination it would be unsafe, in fact, dangerous for Garcia to continue to practice medicine. Based on this, the Secretary of the Department of Professional Regulation entered the emergency license suspension herein appealed. The appellant contends that Section 120.60(8), Florida Statutes (1988), is unconstitutional, that the provisions for review of the emergency suspension order and procedures for a formal hearing on the administrative complaint are inadequate, because of the length of time involved, thereby depriving him of due process, and therefore, the emergency suspension order is facially invalid. The appellee contends that Section 120.60(8), Florida Statutes (1988), is constitutional on its face and that the statutes and Rules provide the appellant with sufficient review of the emergency suspension order to afford him due process, and that the findings of the Secretary are sufficient to establish an immediate danger to the public....

...days of thoroughbred racing for the first period of the winter racing season beginning November 11, 1983 and ending January 7, 1984. [1] Tropical Park asserts that it is entitled to an automatic award of its license pursuant to sections 550.011 and 120.60(2), Fla. Stat. (1981). Because we find that Tropical Park should be granted the requested relief under section 550.011(2), we need not address the applicability of section 120.60(2) to this petition....

...lication for an Operating Permit is pending. Consequently, the district court focused on several provisions of existing Florida law, rather than limiting its inquiry to the provisions of Florida’s EPA-approved UIC program. The court first examined section 120.60(6) of the Florida Administrative Procedure Act, which deals with licenses....

...n 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. Fla.Stat.Ann. § 120.60(6) (West Supp.1993) (emphasis added). LEAF argues that this provision must be limited to the plain meaning of its language. Because the Board is applying for a different type of license, rather than a renewal of its existing license, LEAF contends that section 120.60(6) is inapplicable. LEAF points to the legislative history of section 120.60(6) for support of its position. An earlier version of the bill that became section 120.60 contained language allowing extension of existing permits when a licensee has made a timely application for renewal of a license or “for a new license with reference to any activity of a continuing nature.” See Appellant’s Brief at 25-29 (discussing legislative history of section 120.60). LEAF argues that the omission of this language from the final version of section 120.60 evidences the legislature’s intention that the statute cover *1582 only applications for renewal of existing licenses, not applications for new licenses....

...s timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or, if there is court review of the Department’s final agency action, until a later date is required by Section 120.60, F.S....

...According to LEAF, the FDER and the district court should have focused only on whether continuation of the permit was authorized under Florida’s UIC program, as approved by the EPA Second, LEAF argues that the FDER’s interpretation is not entitled to deference to the extent it is based on section 120.60(6) of the Florida Administrative Procedure Act....

...LEAF argues that the Florida Administrative Procedure Act applies to all administrative agencies in Florida, and the FDER has no special expertise in interpreting that body of law. Therefore, LEAF contends that the FDER’s interpretation of Fla.Stat.Ann. § 120.60(6) is not entitled to special deference....

...ls or new permits. LEAF’S basic argument with respect to the district court’s reliance on the FDER interpretation may thus be summarized as follows: First, the FDER interpretation is not entitled to special deference to the extent it is based on section 120.60(6) of the Florida Administrative Procedure Act, because the FDER has no special expertise interpreting that act....

...least until FDER acts upon the Board’s application for an operation permit.” District Court Order at 6. The district court did not address LEAF'S argument that the agency's interpretation is not entitled to deference to the extent it is based on section 120.60(6) of the Florida Administrative Procedure Act....

...are not part of the UIC program. We agree in part with the district court’s analysis. Although the district court did not address the issue, we agree with LEAF that the FDER interpretation is not entitled to deference to the extent it is based on section 120.60(6) of the Florida Administrative Procedure Act....

...§ 144.37 (d), we believe it is proper for our determination. We thus hold that under the EPA regulations the FDER acted properly by basing its interpretation on existing Florida law, including the amended rule 17-4.090(1). Whether the agency’s interpretation of section 120.60(6) of the Florida Administrative Procedure Act is entitled to deference is an issue of state law, which we do not decide....

...In order to furnish this data, the Board maintains that it has been required to continue operating the underground injection well. The appellant disputes these contentions. 4 . LEAF also argues that the plain language of rule 17-4.090(1), like that of section 120.60(6) of the Florida Administrative Procedure Act, precludes- its application in the present case....

...Therefore, the wording of the provision indicates that it applies to all states whose UIC programs have been approved, irrespective of the content of those programs. 10 . We realize, of course, that these two provisions are nearly identical and that the amended rule 17-4.090(1) is based on section 120.60(6) of the Florida Administrative Procedure Act....

...State of Florida, Division of Alcoholic Beverages and Tobacco, Respondent, DOAH Case No. 80-932. 3. The action described in paragraph 1 above is erroneous because notwithstanding the fact that the "institution" of agency proceedings took place within the ninety (90) day period allowed the agency by section 120.60(2), Florida Statutes, Petitioner's application to transfer was denied on March 6, 1980, prior to the institution of agency proceedings on March 17, 1980....

...ing a serious potential for future harm. The Department does not believe that the facility will comply with any restriction or corrective action short of emergency suspension." II. ANALYSIS In regard to licensing, emergency action may be taken under section 120.60(6) of the Florida Statutes: 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 pr...

...The agency's findings of immediate danger, *172 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. § 120.60(6), Fla. Stat. (2006)(emphasis added). Thus, an emergency order of suspension must be based on a finding of "immediate serious danger." Any such finding is subject to review pursuant to sections 120.60(6)(c), 120.68, Florida Statutes (2006), and Florida Rule of Appellate Procedure 9.100(c)(3)....

...1st DCA 2005). In Bio-Med, the First District Court of Appeal quashed an emergency order revoking a prescription drug distributor's license because the alleged facts did not establish immediate danger to the public health, safety or welfare as required by section 120.60(6)(b)....

...[was] general and conclusory and related to action in excess of two years old." Bio-Med, 915 So.2d at 673. The court found nothing in the emergency order to support either a "continuing or now present danger to the public health." Id. at 674. Given the requirements of section 120.60(6), we find that the order before us fails to demonstrate that St....

...rd a continuance of its construction and testing permit, pursuant to 40 C.F.R. § 144.37 (d) (1992) 2 , and that the continued permit allows for limited operation of the well. At issue in this case is whether Florida law, embodied in Florida Statute 120.60(6) (1993) 3 and Florida Administrative Code rule 17-4.090(1) (1990), transferred, to Fla.Admin.Code Ann....

...62-4.090(1) (1995), 4 allows the FDER to continue a construction and testing permit for an injection well, pending FDER review of an application for an operating permit for the same well. The district court deferred to the FDER’s interpretation of section 120.60(6) and rule 17-4.090(1), in which the agency had ruled that an application for an operating permit was the equivalent of an application for renewal of a construction and testing permit....

...5, 1992) [hereinafter *27 LEAF I]. Accordingly, the district court denied LEAF’S motion for partial summary judgment and granted the Board’s motion for final summary judgment. Id. at 6-7 . In the initial appeal, we concluded that the proper construction of section 120.60(6) and rule 17-4.090(1) was a question of state law, and we noted that no Florida state court yet had addressed the question....

...PERMIT CONTINUE IN EFFECT PAST ITS EXPIRATION DATE UNTIL THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION HAS ACTED ON THE PENDING APPLICATION? LEAF II, 10 F.3d at 1584-85. The Florida Supreme Court adopted a “plain meaning” interpretation of section 120.60(6) and rule 17-4.090(1), and answered our certified question in the negative: We reject the [FDER’s] argument that because a construction permit usually includes authority to operate for a short period of time, this means that applying for an operating permit is the equivalent of seeking renewal of a construction permit. Thus, we hold that neither section 120.60(6) nor rule 17-4.090(1) operates to extend the expiration date on a construction and testing permit when an application for an operating permit has been submitted....

...e effective date of the new permits, if State law allows. Otherwise, the facility or activity is operating without a permit from the time of expiration of the old permit to the effective date of the State-issued new permit. Id. (emphasis added). 3 . Section 120.60(6) governs the continuance of expiring permits generally: 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 unt...

...is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or, if there is court review of the Department's final agency action, until a later date is required by Section 120.60, F.S....

...This stance appears to conflict with the Fourth District's decision in Johnson v. State, Dep't of Highway Safety & Motor Vehicles, 709 So.2d 623 (Fla. 4th DCA 1998). Although the DHSMV believes that chapter 120 applies to this revocation, the DHSMV also opines that it did not have to comply with the provisions of section 120.60(5), Florida Statutes (1999), to initiate that review and that the notice sent to Mr....

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

...Finally, in May 1991, the hearing officer entered an order declining remand. She reiterated her reasons for not considering the second flushing study and not making any findings regarding mitigation. These proceedings ensued. CDC claims it has a right to the issuance of a default permit pursuant to section 120.60(2), Florida Statutes (1989)....

...Within forty-five days of the recommended order, DER, nonplussed by the lack of findings and inconsistencies in the recommended order, entered an order directing the fulfillment of the hearing officer's statutory duties. Thus, CDC did not have a clear right to a default permit under section 120.60(2)....

...- in accordance with rule 9.110(c). (2) Review of non-final agency action under the Administrative Procedure Act, including non-final action by an administrative law judge, under the-Administrative Procedure Act and agency orders entered pursuant to section 120.60(6), Florida Statutes shall be commenced by filing a petition for review in accordance with rules 9.100(b) and (c)....

...(3)-(6) [No change] (d) [No change] (e) Stay Pending Review. (1)[No change] (2) Application for Stay Under the Administrative Procedure Act. (A) [No change] (B) When an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60(6), Florida Statutes, or issued an immediate final order under section 120.569(2)(n), Florida Statutes, a licensee-the affected party may file with the reviewing court a motion for stay on an expedited basis....

...edings or correctness of the action giving rise to the conditional licensure order was impaired by a material failure in procedure. In the absence of procedures addressing applications to renew a previously granted nursing home license, we note that section 120.60(3), Florida Statutes (2000), which addresses the initial licensing procedure, provides persuasive authority for requiring service of the notice on Golfview's attorney. Section 120.60(3) provides as follows: Each applicant shall be given written notice either personally or by mail that the agency intends to grant or deny, or has granted or denied, the application for license....

...n application dispute proceedings. The law recognizes a valuable property right in an existing license, but not in an application for license. [7] Another distinction is the time requirement governing applications for license. Under Florida Statutes section 120.60(2), an application must be granted or denied within 90 days, a time frame not applicable to revocation proceedings....

...Scott's request for a full hearing. Mr. Scott affirmatively denied the substantive factual allegations in the complaint. He claimed that he never impersonated an officer and thus squarely contradicted the key allegation against him. Furthermore, the Division's actions violated section 120.60(5), Florida Statutes (2000), which prohibits the revocation or suspension of any license "unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss....

...ich if committed within the state of Florida would constitute a felony under the laws thereof." Section 458.1201(1)(c) was not similarly restrictive. Appellant urges that the disciplinary proceedings were flawed by the Board's failure to comply with Section 120.60(6), requiring, "prior to the institution of agency proceedings" for license discipline, that notice and an opportunity to show compliance be accorded the licensee....

...Lin appeals from a final order of the Board of Psychological Examiners denying his application for licensure as a psychologist by endorsement under Section 490.-006(1), Florida Statutes. His sole contention is that issuance of a license by the Board is mandatorily required under Section 120.60, because the Board’s final action in denying a license, after a formal hearing requested by appellant, was not rendered within the 90-day time limit of Section 120.60(2)....

...suant to Section 120.-57, Florida Statutes, within 21 days of the denial. Lin requested a hearing, which was held on February 25, 1983. The Board’s final order denying the license was dated March 18, 1983, filed April 15, 1983. This appeal ensued. Section 120.60(2) provides for a 90-day time frame within which after receipt of an application for a license, the agency shall examine the application, notify the applicant of any errors or omissions, request any additional information required by the agency, and either approve or deny the license. Appellant focuses upon the further provisions of Section 120.60(2) which provide that every application for license “shall be approved or denied within 90 days after receipt of the original application or receipt of the timely requested additional information .......

...tted to the agency and the parties, whichever is latest, shall be deemed approved ...,” subject to further provisions relating to completion of any examination required, not pertinent here. We agree with that portion of appellant’s argument that Section 120.60(2) contains no provision for the tolling of the 90-day period when a hearing under Section 120.57 is conducted by the agency, rather than by a hearing officer or other authorized officer....

...imit of 90 days, but that the 90-day period may be tolled, and allowance made for an administrative hearing when the matter is referred for hearing outside the agency. Appellant’s interpretation may be one, but it is not the only interpretation of Section 120.60(2) that may be made, and we think it is not the most reasonable nor logical. Fundamentally, appellant’s view ignores the distinction between a “denial” under Section 120.60, and a “final order” under Section 120.59. The terms are not— insofar as an analysis of the interplay between Sections 120.60 and 120.59 is concerned — synonymous and interchangeable....

...At the same time it properly notified appellant of his right to prevent the denial from becoming final by invoking the hearing provisions of Section 120.57. Once appellant availed himself of the right to a hearing, the provisions of the Administrative Procedures Act governing hearings, which are not found in Section 120.60, became applicable. Since no special time constraints are provided for entry of a final order by the agency, after a hearing, so far as Section 120.60 is concerned, we must look elsewhere in the statutes governing hearings, to find what time limits are placed upon the agency....

...o accomplish the objectives stated in the law itself, which provides that “the agency shall conduct the proceedings required with reasonable dispatch and with due regard to the rights and privileges of all affected parties or aggrieved persons.” Section 120.60(2)....

...On the latter point, the denial letter indicated that Appellant did not own the land on which the facility was to be located and that the land purchase agreement included contingencies related to the implementation of Senate Bill 788 2 that may never occur. As required by section 120.60(3), the denial letter informed Appellant of its right to request an administrative hearing on the permit denial....

...As contrasted with the statutory scheme here under consideration, no criteria for assessment of need were supplied by that statute. In processing appellants' application, the Department followed the procedures for notice and hearing outlined in chapter 77-453, Laws of Florida, which amended section 120.60(3), Florida Statutes (1977)....

...It provides the only exceptions to the new act: This act shall not apply to any contested application which has been referred to the Division of Administrative Hearings by the agency on the effective date of this act, nor shall the time limit for automatic *992 approval contained in paragraph (c) of section 120.60(3), Florida Statutes, as created by this act begin until the effective date of this act for those new bank, trust company, savings and loan or credit union applications which were on file with the department on the effective date of this act....

...Machiela is an optometrist who pled guilty to indecent exposure, as a result of being charged with exposing himself to two children. He appeals an emergency order restricting him to seeing patients over the age of eighteen. We have jurisdiction under rule 9.100(c)(3) and section 120.60(6), Florida Statutes....

...side the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. [emphasis added]. Emergency suspension, restriction or elimination of a license is authorized by section 120.60(6), Florida Statutes, if the agency finds an "immediate serious danger to the public health, safety, or welfare." The agency is limited to action which is "necessary to protect the public" and "fair under the circumstances." In the emergency order restricting Dr....

...nor children under the age of 18. 2. A proceeding seeking the formal suspension or discipline of the license of Douglas John Machiela, O.D., to practice as a licensed optometrist will be promptly instituted and acted upon in compliance with Sections 120.60(6), 120.569 and, 120.57, Florida Statutes....

...The emergency order set forth the suspended licensee's right to request an expedited hearing on the order, and told him of his right under section 120.68, Florida Statutes, to seek judicial review of the order. Simultaneously, the Department of Insurance filed an administrative complaint against Grantham, pursuant to section 120.60(8), Florida Statutes....

...51 Am.Jur.2d Licenses and Permits § 60 (1970). Florida's Administrative Procedure Act sets forth extensive provisions for notice and hearings prior to any action against a license unless there is an explicit statutory exemption, section 120.57, Florida Statutes (1985); and section 120.60(8) provides for emergency suspension under the police power, followed, nevertheless, by a formal suspension proceeding....

...The court had first examined the pertinent statutes including parts of the Administrative Procedure Act (APA) which it read in pari materia with the statutes particularly concerned with licensure and de-licensure of osteopaths. The parts of the APA involved included, among others, then section 120.60(6), which is now section 120.60(8), and section 120.54(9)(a), to which we have alluded above, and which sets forth the procedural protection requirements to be met when an emergency rule is to be adopted under the police power....

...Here, too, the statute provides for prompt notice and opportunity for a hearing after the suspension, and the order fully apprised appellant of his right to request such. Cf. Saviak v. Gunter, 375 So.2d 1080 (Fla. 1st DCA (1979) ("Whatever pre-termination hearing may be constitutionally required, Section 120.60(6) [now section 120.60(8)] is not facially invalid for failing to require that hearing; it is sufficient that the opportunity for hearing was in fact provided.")....

...’s license to practice as a certified public accountant to be wholly insufficient to establish that Petitioner’s actions vis-a-vis the named client pose an “immediate serious danger to the public health, safety, or welfare” as required by section 120.60(6), Florida Statutes (2015)....

...ct the public.” 3 not a narrowly tailored remedy, we conclude the action taken by Respondent failed to afford Petitioner the due process protection our state and federal constitutions demand. See § 120.60(6)(a)-(c), Fla....

...Appellees’ motion to dismiss Appellant’s complaint. In its complaint, Appellant demanded Appellees, the Florida Department of Health (Department), issue them a Medical Marijuana Treatment Center (MMTC) license under the default licensure mechanism in section 120.60(1), Florida Statutes (2019). Section 120.60(1) is a general statute that applies to all state agencies. It states “[a]n application for a license must be approved or denied within 90 days after receipt of a completed application” or the application is “considered approved.” Id. The trial court denied relief because it found section 120.60(1) inapplicable to MMTC licenses as described in section 381.986. Because the trial court was right, we affirm. * This Court considered the same issue presented here in MedPure, LLC v. Dep’t of Health, 295 So. 3d 318 (Fla. 1st DCA 2020). The MedPure appellants sought an MMTC license under section 120.60(1)’s default licensure provision....

...permit providing for payment of nondiscriminatory rental and concession fees.” DABT made such an assumption or determination without ever having notified the Authority about Eastern’s application for a license, despite the express requirement in section 120.60(2) of the APA that, when an application for a license is made, the agency in question “shall conduct the proceedings required ......

...361 So.2d at 699 . (Emphasis added.) In the case at bar, at least several factors compel abstaining from applying the doctrine. As mentioned previously, when Eastern submitted its application for a license, DABT, contrary to the mandatory language of section 120.60(2) of the APA, never afforded the Authority, an affected party, an opportunity to contest whether Eastern possessed “an appropriate space lease or permit providing for payment of nondiscriminatory rental and concession fees.” Moreo...

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

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

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

...adjudication, a felony under chapter 409, chapter 817, or chapter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396. Petitioner argues that the emergency suspension order fails to set forth the factual findings that are required by section 120.60(6)(c), Florida Statutes....

...hat a public reprimand is not an “action against” his licensure and therefore his failure to disclose it cannot be a misrepresentation to the board. The procedure to be followed by an agency in considering a license application is established in section 120.60, Florida Statutes, incorporating the hearing provisions of section 120.57....

...Petitioner seeks writs of mandamus to compel approval of its applications for designation as a cardiac care provider and as a cleft lip/palate clinic and craniofacial center for the Children’s Medical Services Network. Respondent failed to comply with the time requirements of section 120.60(1), Florida Statutes....

...On review of that order, this court found: Respondent’s emergency order suspending the license of Dr. Henson to practice as an osteopathic physician is broader than that which is ‘necessary to protect the public interest under the emergency procedure,’ as required by section 120.60(6)(b), Florida Statutes (2005)....

...in the State of Florida and for the health and welfare of his patients. Dr. Henson has demonstrated a disregard to a lawful order issued by the Department. Nothing short of the suspension of his license will protect the public from Dr. Henson. See §§ 120.60(6), 456.072(1)(q), 456.072(2)(b), Fla....

...THOMAS, J. Having previously granted Respondent’s motion for rehearing en banc, we substitute the following opinion for the panel opinion previously issued. Petitioner seeks review of an Emergency Suspension Order (ESO) on the grounds that it is facially deficient under section 120.60(6), Florida Statutes, and should therefore be quashed....

...“a preliminary, procedural, or intermediate order of [an] agency if review of the final agency decision would not provide an adequate remedy.” § 120.68(1)(b), Fla. Stat. (2023). Review of agency orders suspending a license purported under the authority of section 120.60(6), Florida Statutes, is by “petition for review.” See Fla. R. App. P. 9.190(b)(2); 9.100(c)(3). Further, section 120.60(6)(c), Florida Statutes states that “[t]he agency’s findings of immediate danger, necessity, and procedural fairness are judicially reviewable.” Standard of Review We respectfully decline to apply the “scope of review” of non- final agency action as defined in State v....

...if [final] review of the final agency decision would not provide an adequate remedy.” § 120.68(1)(b) Fla. Stat. (2023). We note that, despite the broad statements about the scope of review under section 120.68(1) in Murciano, Fugett, and Charlotte County, in the context of ESO’s under section 120.60(6), this Court has not employed a limited certiorari scope of review....

...Rather, in a long line of cases, we have cited section 120.68(1) as our authority to review the non-final orders at issue and then proceeded to assess 5 whether the ESO’s on their face satisfied the requirements of section 120.60(6)....

...1st DCA 2023) (holding that ESO was not as narrowly tailored as possible under the circumstances); Webber v. State, Dep’t of Bus. and Prof. Reg, 198 So. 3d 922 (Fla. 1st DCA 2016) (citing section 120.68(1)(b), Fla. Stat. and Fla. R. App. P. 9100(a) and holding that the ESO did not establish the elements required under 120.60(6) because it “fail[ed] to demonstrate on its face an immediate and recurring threat to the public and the license suspension is not a narrowly tailored remedy”); Mendelsohn v. State, Dep’t of Health, 68 So....

...and holding that ESO failed to provide “specific reasons why the suspension is necessary to prevent immediate harm to the public”). Furthermore, neither the constitution nor the Legislature equated our review to the demanding standard applicable to common law certiorari review as noted above. In addition, in section 120.60(6), the Legislature provided that such orders are subject to “judicial review” as we discuss in more detail below. Where the organic law authorizes the Legislature to define our jurisdiction and review of non-final agency action, r...

...120.68(7) “is analogous to and no broader than the right of review by common law certiorari.” Charlotte County, 653 So. 2d at 1084. Analysis The ESO contains a material error in procedure and an erroneous interpretation of sections 560.114(2) and 120.60(6), Florida Statutes. Section 560.114(2) states: Pursuant to s. 120.60(6), the office may summarily suspend the license of a money services business if the office finds that a licensee poses an immediate, serious danger to the public health, safety, and welfare....

...ntered a plea of guilty or nolo contendere to, any felony or crime punishable by imprisonment of 1 year or more under the law of any state or the United States which involves fraud, moral turpitude, or dishonest dealing, regardless of adjudication. Section 120.60(6) states: 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...

...that the procedures it used were fair under the circumstances. Rather, it relied on section 560.114(2) as authorizing OFR to suspend the license. However, the statute itself says the agency needs to provide reasons and only that the agency may suspend the license. See § 120.60(6), Fla....

...digital asset price fluctuations. In addition, an account holder who 8 is forced to sell a digital asset at a price higher than a cost basis would incur unplanned and extensive tax liabilities. To comply with the requirements of section 120.60(6)(c) highlighted above, OFR needed to state why the drastic and disruptive measure of an ESO was “fair under the circumstances.” It did not do so, and we must set the ESO aside....

...nonfinal agency action, this court has not always applied the limited certiorari scope of review discussed in State v. Murciano, 163 So. 3d 662, 664–65 (Fla. 1st DCA 2015)—at least not in the context of the court’s decisions addressing emergency suspension orders under section 120.60(6), Florida Statutes....

...to discipline, including license restriction, for practicing beyond the scope permitted by law or accepting and performing professional responsibilities which the physician knows or has reason to know he or she is not competent to perform. Section 120.60(6), Florida Statutes (2017) authorizes the Department to take emergency action to restrict a physician’s license under the following circumstances and with the following safeguards in place: (6) If the agency finds tha...

...5  Where such an order of emergency restriction has been issued by the Department, the licensee may seek immediate review of that nonfinal agency action by a petition for review filed with an appellate court. § 120.60(6)(c), Fla. Stat....

ORDER Petition for writ of mandamus is granted and respondent shall issue a home health agency license to petitioner to operate its Clearwater office as a separate parent home health agency. Motion for attorney fees is denied. See section 120.60(2), Fla....

.... (b) Commencement. (1) [No Change] (2) Review of non-final agency action under the Administrative Procedure Act, including non-final action by an administrative law judge, and agency orders entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by filing a petition for review in accordance with rules 9.100(b) and (c). (3) [No Change] (c) – (e) [No Change] Committee Notes [No Change] RULE 9.200....

...d in accordance with rule 9.110(c). (2) Review of non-final agency action under the Administrative Procedure Act, including non-final action by an administrative law judge, under the Administrative Procedure Act and agency orders entered pursuant to section 120.60(6), Florida Statutes shall be commenced by filing a petition for review in accordance with rules 9.100(b) and (c)....

...(3)-(6) [No change] (d) [No change] (e) Stay Pending Review. (1) [No change] *247 (2) Application for Stay Under the Administrative Procedure Act. (A) [No change] (B) When an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60(6), Florida Statutes, or issued an immediate final order under section 120.569(2)(n), Florida Statutes, a licensee the affected party may file with the reviewing court a motion for stay on an expedited basis....

...cturist-patient relationship to engage the patient in sexual activity), and 457.109(1)(p) (gross or repeated malpractice), Florida Statutes, and subjects Nath’s license to discipline, including suspension. The Department concluded further that: 7. Section 120.60(6), Florida Statutes (2011), authorizes the State Surgeon General to summarily suspend an acupuncturist’s license upon a finding that the acupuncturist presents an immediate, serious danger to the public health, safety or welfare....

...Nath’s license to practice acupuncture will ensure the protection of the public from this danger. For these reasons, the Department suspended Nath’s acupuncture license pending full administrative disciplinary proceedings during which Nath will have the opportunity to challenge the allegations of misconduct. Section 120.60(6), Florida Statutes (2012), authorizes emergency disciplinary action under the following circumstances: If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restrict...

...e face of the order itself to determine if the elements were alleged with sufficient detail. See Mendelsohn v. Dep’t of Health, 68 So.3d 965, 967 (Fla. 1st DCA 2011); Kaplan, 45 So.3d at 20 . We conclude that this ESO satisfies the requirements of section 120.60(6) and case law, except for the requirement that it be narrowly tailored to take only such action as is necessary to protect the public....

...In defense of its action, the Department claims that simply restricting Nath’s practice in some way-say, temporarily limiting him to seeing only male patients — would be difficult to monitor. We are not persuaded that such difficulty satisfies the requirements of section 120.60(6), and in any event, the ESO itself does not explain why restrictions would be inadequate to address the harm alleged....

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

...The petition for writ of mandamus is granted. Respondent is directed to approve petitioner's application for approval as an accrediting body pursuant to section 458.309(3), Fla. Stat. (2000), because of respondent's failure to comply with the time requirements of section 120.60(1)....

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

...On April 30, DOAH advised the assistant general counsel of the Office of the Comptroller that it was closing its file on the matter in light of the withdrawal of the request for public hearing. The Comptroller on this date entered his order denying the application. In a licensing proceeding involving foreign nationals, Section 120.60(4)(c), Florida Statutes, is controlling and provides as follows: (c) Notwithstanding subsection (2), every application for license for a new bank, new trust company, new credit union, or new savings and loan association, and every appl...

...The protection afforded by the Administrative Procedure Act as to summary dispositions which affect the rights of parties applies to the renewal of business licenses. Dubin v. Dep 't of Business Regulation, 262 So.2d 273 (Fla. 1st DCA 1972). The department asserts that section 120.60(5)(a), Florida Statutes, authorizes the actions of the department in the instant case....

...120.57 except that the Department of Banking and Finance shall by rule provide for participation by the general public; however, the failure to request a hearing within 21 days of publication of notice shall constitute waiver of any right to a hearing. § 120.60(5)(a), Fla.Stat....

...In the instant case, the department issued a final order three days after publication. The order contained no facts which demonstrated an emergency. We find that such summary disposition violated not only section 120.59(3), Florida Statutes, but also section 120.60(5), Florida Statutes....

...er than providing a procedural method for the denial of a permit renewal. . This case upheld the statute requiring applicants for bank licensure to request a hearing within 21 days of the application being published in Florida Administrative Weekly. § 120.60(3), F.S., (now § 120.60(8)).

...sional Regulation, Board of Nursing, that found him in default and ordered revocation of his license to practice nursing. Appellant contends that the order must be *710 reversed because the department failed to comply with the notice requirements of section 120.60(6), Florida Statutes (1983)....

...ion in which appellant appeared. The Department voluntarily dismissed the original action and the Division entered an order closing the file. The filing of the amended complaint constituted a new action and the Department had the duty to comply with section 120.60(6), Florida Statutes (1983): (6) 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...

...oward County, Florida. There is nothing in the record to indicate that appellant had an address in some other state or in a foreign territory or country. Yet the Department elected to publish the notice in Leon County. The notice did not comply with section 120.60(6)....

...We affirm as to all four issues raised on appeal, 1 addressing only the fourth issue, whether Alterman is entitled to approval of its petition by default, in that the department failed to render an order approving or denying the route within the statutorily mandated time established in Section 120.60, Florida Statutes....

...in the public’s interest to allow terminal access for tandem trailer combinations along U.S. 1 through the Keys. Alterman argues that its “petition for access” is an application for a “license”, within the meaning of Sections 120.52(8) and 120.60, Florida Statutes, and, as the final order was rendered more than 45 days after the recommended order was submitted to the department, its petition should be “deemed approved”....

...istrative Procedure Act for the State of Florida, reprinted in 3 A. England and L. Levinson, Florida Administrative Practice Manual at 11. Although it is not specifically stated in the statutory definition, it is clear from the case law interpreting section 120.60 that the “privilege” conferred by the state necessarily entails a licensing procedure which is personal in nature....

...See S. Salley, Federal Tax Implications of Administrative Reform: Dealing with the Deregulation Loss, 32 U.Fla.L.Rev. 910 (1980). Thus, the argument that approval of an access route requires the issuance of a “license”, *1009 within the meaning of section 120.60, runs contrary to the legislative intent manifested by the Reform Act....

...cess routes. Because neither section 316.513(3)(c) nor the administrative rules implementing the statute disclose that a petition for terminal access requires the issuance of a license or privilege, we therefore conclude that the time constraints of section 120.60 do not apply to the department’s issuance of a final order relating to a petition seeking approval of a proposed access route for tandem trailer trucks....

...And, as the final order was rendered within the time allowed by section 120.59, it is AFFIRMED. SMITH, C.J. and BOOTH, J., concur. . Because we find competent, substantial evidence to support the remaining three issues on appeal, we do not find it necessary to discuss those issues. . Section 120.60 provides that every application for licensure shall be approved or denied within 90 days after receipt of the original application....

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

...There are two applicable statutory time frames. Section 456.073(5), Florida Statutes, provides in part: "[T]he department shall notify the division within 45 days after receipt of a petition or request for a formal hearing." Additionally, the "emergency suspension" provision in section 120.60(6), Florida Statutes, requires that suspension or revocation procedures be instituted promptly and acted upon when such a suspension is in place....

...85, asserting that as of March 15 she had not received notice to enable her to take the qualifying test scheduled for March 16. We reverse because we conclude, contrary to the Commissioner, that the application was governed by sections 120.52(8) and 120.60(2), Florida Statutes, which provide in pertinent part: 120.52 Definitions. — As used in this act: [[Image here]] (8) ‘License’ means a franchise, permit, certification, registration, charter, or similar form of authorization required by law ... 120.60 Licensing.— [[Image here]] (2) ......

...s of Chapter 120 notice provisions, supra. Although appellant asks that the ap-pellee Commissioner be directed to “grant a make-whole remedy awarding the designation of Associate Master teacher to the Petitioner,” we conclude, under the terms of section 120.60(2), supra, the lack of timely notice by appellee results only in appel-lee being unable to deny certification based on the cited omission from the application....

...Appellant should therefore be permitted to pursue certification as if her application had been complete. Certain time constraints for examination and for other requirements for certification will obviously have been mooted by the intervening appeal. The prescription of section-120.60(2) in these circumstances appears to be that the application shall be “deemed approved ......

PER CURIAM. The petitioner seeks review of an Emergency Suspension Order (ESO) suspending her non-resident insurance license. We find that the ESO fails to meet the exacting standards of section 120.60(6), Florida Statutes, because it does not contain particularized facts demonstrating an immediate danger to the public health, safety, or welfare....

...on in the area affected, notice of application for a permit submitted under this chapter or chapter 253. The notice of application shall be published within 14 days after the application is filed with the department. Notwithstanding any provision of s. 120.60, the department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of proposed agency action on any permit application submitted under this chapter or chapter 253....

...The department shall require the applicant for a permit to construct or expand a solid waste facility to publish such notice. The notice of proposed agency action shall be published at least 14 days prior to final agency action. The 90-day time period specified in s. 120.60(2) shall be tolled by the request of the department for publication of notice of proposed agency action and shall *209 resume 14 days after receipt by the department of proof of publication. However, if a petition is filed for a proceeding pursuant to s. 120.57, the time periods and tolling provisions of s. 120.60 shall apply....

PER CURIAM. Carola Vargas-Leon, M.D. has petitioned for review of the State of Florida, Department of Health’s order of emergency restriction of license. We affirm the order as it is proper pursuant to Section 120.60(6), Florida Statutes....

...for Health Care Administration to reject its change of ownership application for a standard license to operate an assisted living facility. Appellant makes two arguments on appeal. It argues, first, that it is entitled to a license by default under § 120.60(1), Florida Statutes (2015), because AHCA failed to timely decide its application....

...licensure requirements.” After AHCA denied Appellant’s application, this appeal followed. II. A. The first issue in this appeal involves the interpretation and application of § 120.60(1), Florida Statutes....

...In this case, Appellant applied for such a license, but AHCA denied it because Appellant failed to show that it met licensure requirements in AHCA’s pre-licensure inspection. Appellant argues, however, that it is entitled to a default license anyway, because, under § 120.60(1), AHCA failed to make a final decision on its application within 45 days after the ALJ’s 3 recommended order. After the ALJ recommended that AHCA grant Appellant’s license on May 10, 2018, AHCA didn’t issue its final order denying Appellant’s license application until July 12, 2018, some 63 days later. Section 120.60(1) provides in pertinent part as follows: Any application for a license which is not approved or denied ....

...uthorized by law. Previous cases in other contexts have enforced this statute to grant licenses when applications were undecided past the statutory deadline. See, e.g., Premier Int’l Travel, Inc. v. Bronson, 843 So. 2d 294 (Fla. 1st DCA 2003) (“Section 120.60(1) provides that the agency must approve any application for a license if the agency has not approved or denied the application within the time periods prescribed by that subsection.”); Krakow v....

...Here, it is undisputed that AHCA failed to issue a final order within 45 days after submission of the recommended order. We conclude, however, that Appellant is not entitled to a default license because it failed to meet minimum licensure requirements in AHCA’s pre-licensure survey inspection. Section 120.60(1) makes the issuance of a default license “[s]ubject to the satisfactory completion of an examination if required as a prerequisite to licensure.” In this case, AHCA’s pre-licensure inspection to determine if an owner-applicant...

...Here, Appellant failed its pre-licensure examination. AHCA concluded that Appellant didn’t meet minimum licensure requirements because its survey- inspection results showed more than twenty deficiencies. Under these circumstances, where the applicant has failed the pre- licensure examination, § 120.60(1) does not require a default license to be issued....

...See § 429.14(1)(h), Fla. Stat. (authorizing AHCA to deny a license due to the applicant’s failure to meet minimum requirements at the time of the license application). B. * The term “examination” in § 120.60(1) is not defined in the statute, so we construe it according to its “plain and ordinary sense.” State v....

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

...g that if the department fails to take certain action within the time specified therein, that the applicant “may take appropriate legal action, including relief pursuant to the Administrative Procedure Act,” exempted from the general language of section 120.60(2), Florida Statutes (1981), requiring issuance of a license if an *825 agency fails to act within the time specified therein? We have jurisdiction....

...The order in question revoked the registration certificates of each petitioner and it is this revocation which is questioned by certiorari. The proceedings below began with the filing of an administrative complaint against the petitioners pursuant to Section 475.26 and Section 120.60, Florida Statutes (1977)....

QUESTION: Are the 30-day or 90-day time limits in subsection 120.60 (2), F. S. (s. 10, Ch. 76-131 , Laws of Florida), subject to waive by an applicant for a license? SUMMARY: The 90-day time limitation prescribed by s. 120.60 (2), F....

...n order to avoid a denial of the application. You state that in complex cases there might not be enough of the 90-day time period left for the applicant and the licensing agency to discuss and evaluate possible modifications of the proposed project. Section 120.60 (2), F....

...aw, the agency shall conduct the proceedings required with reasonable dispatch and with due regard to the rights and privileges of all parties or aggrieved persons. . . . (Emphasis supplied.) This provision, which operated on the agencies subject to s. 120.60 , F. S., contained no specific time limitations for agency action and instead only required that proceedings be conducted with `reasonable dispatch.' In 1976, the Legislature significantly amended s. 120.60 (2), F....

...ion and requires the issuance of the license forthwith. Section 10, Ch. 76-131 , does not repose or vest any discretion in the licensing agency with respect to the issuance of the license in the statutorily specified circumstances. An examination of s. 120.60 (2), F....

...76-131 , Laws of Florida, reveals that the 90-day time limitations contained therein are directed against the licensing agency and in favor of and for the benefit of the applicant for the license. However, s. 120.63 , F. S., as amended, permits licensing agencies to avoid the requirements of s. 120.60 (2) by applying to the Administration Commission for an exemption as provided for at s. 120.63 . However, each exemption granted by the commission shall be for a single application only and shall not be renewable. Section 120.60 (6), F. S. (1976 Supp.). The obvious legislative intent in rewording s. 120.60 (2), F....

...d examination for licensing, would be foreclosed and, upon the agency's failure to so act, to require the license to be issued forthwith. This is apparent from the title of Ch. 76-131 , Laws of Florida, which states in pertinent part: . . . amending s. 120.60 (2), F....

...Johnson v. State, 336 So.2d 93 , 95 (Fla. 1976); In re Florida Rules of Criminal Procedure, 272 So.2d 65 (Fla. 1972) (Adkins, J., concurring); AGO 077-10. However, the precise issue raised by your inquiry is whether the 90-day time limitations contained in s. 120.60 (2), F....

...the individual, are intended for his sole benefit, to not interfere with the rights of others, and are not forbidden by law or public policy. Gilman v. Butzloff, 22 So.2d 263 (Fla. 1945); 92 C.J.S. Waiver , at 1066-1067. Since an obvious purpose of s. 120.60 (2), as amended, with respect to the 90-day time limitation for the approval or denial of the license application, is to create beneficial rights for the applicant, it would appear that, in conformity with the general rule, such rights can...

...s for the denial of the license applied for. It is not evident that the waiver of the 30-day requirement would in any way benefit an applicant or further the purposes of the statute. Therefore, the 30-day time limitation or requirement prescribed by s. 120.60 (2), F....

...Accordingly, unless judicially interpreted to the contrary, an applicant for an environmental license may intelligently, freely, and voluntarily and without any pressure or coercion by the licensing agency waive his rights under the 90-day time limitation prescribed by s. 120.60 (2)....

...Dana Baird, Senior Attorney, Appellate Section, DOH Bureau of Health Care, Prosecution Services Unit, Tallahassee, for Respondent. PER CURIAM. Petitioner Dr. Daniel Daube petitions this Court for review of the Department of Health's emergency order issued under section 120.60(6), Florida Statutes (2004)....

...Dep't of Health, 897 So.2d 493 (Fla. 1st DCA 2005) (" Daube I "). In the opinion, this Court stated that "[b]ecause the agency's emergency order was broader than that `necessary to protect the public interest under the emergency procedure' as provided in section 120.60(6)(b), a more narrowly tailored emergency order is appropriate." Id....

...of the application on October 13th. The letter, which was received by the landowner on December 8th, indicated that the project could not be approved. On December 11th, the DEP faxed the landowner a waiver of the ninety day time limit under sections 120.60(1) and 403.0876, Florida Statutes,(2000)....

...tion. ... *189 (2) A permit shall be approved or denied within 90 days after receipt of the original application, the last item of timely requested additional material, or the applicant’s written request to begin processing the permit application. Section 120.60, Florida Statutes(2000) provides in pertinent part: (1) Upon receipt of an application for a license, an agency shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissi...

...is application, August 31, 2000. The DEP argues that the time began to run from October 13, 2000, when it reinstated the landowner’s application. We agree with the landowner that the operative date is August 31, 2000. Both sections 373.4141(1) and 120.60(1), Florida Statutes provide that the “receipt” of an application is the triggering date. Furthermore, section 373.4141(1) provides for receipt by “the department or the water management district.” Section 120.60(1) provides for receipt by an “agency.” Thus, the agencies [DEP or SFWMD] had ninety days from August 31, 2000, to approve or deny the landowner’s application or thirty days from the same date to request additional information....

...The December 1984 HRS report was based on both an amended version of the bed need methodology contained in Rule 10-5.11(21) and on census data gathered for the months of April through September 1984. As this court held in Florida Department of Transportation v. J.W.C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981), section 120.60(2), Flor0ida Statutes, does not compel an agency to accept additional information or evidence after a formal section 120.57(1) hearing....

PER CURIAM. The appellee Construction Industry Licensing Board [Board] has conceded error (failure to notify Castillo’s attorney as required by section 120.60(3), Florida Statutes (2005)) and has suggested that we reverse the Final Order and remand the case to the Board in order to correct its error....

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

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

...Cherry, Senior Attorney, Department of Health, Tallahassee, for Respondent. PER CURIAM. Respondent's emergency order suspending the license of Dr. Henson to practice as an osteopathic physician is broader than that which is "necessary to protect the public interest under the emergency procedure," as required by section 120.60(6)(b), Florida Statutes (2005)....

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

...law shallmust be commenced in accordance with rule 9.110(c). (2) Review of nonfinal agency action under the Administrative Procedure Act, including nonfinal action by an administrative law judge, and agency orders entered pursuant tounder section 120.60(6), Florida Statutes, shallmust be commenced by filing a petition for review in accordance with rules 9.100(b) and (c). (3) Review of quasi-judicial decisions of any administrative body, agency, board, or commission not su...

...law shallmust be commenced in accordance with rule 9.110(c). (2) Review of nonfinal agency action under the Administrative Procedure Act, including nonfinal action by an administrative law judge, and agency orders entered pursuant tounder section 120.60(6), Florida Statutes, shallmust be commenced by filing a petition for review in accordance with rules 9.100(b) and (c). (3) Review of quasi-judicial decisions of any administrative body, agency, board, or commission not su...

...Christian violated sections 460.413(l)(m) and 460.413(l)(ff) and rule 64B2-17.0065(3). However, this alleged violation was not charged in the administrative complaint. The complaint contained no factual allegations whatsoever in regard to hyperabduction testing or the alleged failure to accurately describe the test results. Section 120.60(5), Florida Statutes (2005), requires that an administrative complaint must afford “reasonable notice to the licensee of facts or conduct which warrant the intended action.” The court in Cottrill v. Department of Insurance, 685 So.2d 1371, 1372 (Fla. 1st DCA 1996), held that predicating disciplinary action against a licensee on conduct never alleged in the administrative complaint violates section 120.60(5)....

...failing to set forth the date, time, name of the accused individual and particulars of the alleged incident of abuse, and in failing to show that immediate harm to the public interest would occur absent emergency suspension of appellant’s license. § 120.60(8) and 120.54(9), Fla.Stat....

BASKIN, Judge. We affirm the decision of the Florida Department of Insurance revoking appellant’s license as an insurance agent based upon our holding that no prejudice to the licensee was shown by the noncompliance with Section 120.60(6), Florida Statutes (1979), and no prompt objection was presented by appellant who was originally represented by counsel....

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

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

...he burden upon Associated to prove that it was entitled to retain the license. We agree with Associated’s contention that the proceedings below were fatally defective in that license revocation proceedings were not properly commenced or conducted. Section 120.60(6), Florida Statutes (1981), provides: (6) 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 admin...

...nse. In view of our decision on the above grounds, we do not reach the other substantive issues presented on appeal. The order appealed is Reversed. Our decision is without prejudice to the agency’s institution of a proper proceeding under Chapter 120.60....

...ion dated June 6, 1979 denying motion to dismiss the administrative complaint seeking to revoke or suspend the real estate registration of the petitioners herein. The motion to dismiss raised the failure of the agency to comply with Florida Statutes § 120.60(5), 1 which requires as a condition precedent to instituting agency action to revoke or suspend a license, that the licensee be given notice and allowed opportunity to respond showing compliance with the law....

...Hearing was had on motion to dismiss, and, on June 7, 1979, the FREC entered its order denying the motion. Thereafter, proceedings were commenced in this court resulting in issuance of rule to show cause and briefing by the parties, including as amicus curiae, the Department of Professional Regulations. Florida Statutes § 120.60(5) provides: No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency has given reasonable notice by certified mail or actual service to the licensee of...

...e formal disciplinary proceedings by filing an administrative complaint. This process, says the Commission, provides numerous safeguards for licensees. The Department of Professional Regulations, in its amicus brief, suggests that the true intent of § 120.60(5) is to guarantee the method of service of the complaint but not to create duplicative proceedings....

...1st DCA 1980), is that the pre-filing notification of licensee supplements the agency’s investigative procedures and is an additional safeguard against the filing of illfounded complaints. In the instant case, unlike Sheppard, supra, the failure to comply with § 120.60(5) was promptly raised, and the complaint should have *965 been dismissed. Florida Real Estate Commission v. Frost, 373 So.2d 939 (Fla. 4th DCA 1979). Accordingly, the order sought to be reviewed is REVERSED. MILLS, C. J. and ERVIN, J;, concur. . As appearing in Florida Statutes (1978). Subsection now renumbered to 120.60(6)....

...2d 1113 (Fla. 1st DCA 1998). An administrative complaint must “afford ‘reasonable notice to the licensee of facts or conduct which warrant’ disciplinary action.” Cottrill v. Dep’t of Ins., 685 So. 2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla....

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

...2(11) does not apply when a person's status as a prisoner is unconnected or irrelevant to the administrative proceeding involved. Otherwise, the amended definition would have the effect of stripping Yolman of his rights under section 455.225 [2] and section 120.60 [3] to a hearing as a licensee....

...[2] Section 455.225(4) addresses the regulation of professions and occupations, and states that in disciplinary proceedings "a formal hearing before a hearing officer from the Division of Administrative Hearings of the Department of Administration shall be held pursuant to chapter 120." [3] Section 120.60(6) states that "no revocation, suspension, annulment, or withdrawal of any license is lawful unless ......

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

...In January 2023, Carr enrolled in an IPN substance abuse program. But in April 2023, Carr stopped complying with the program. IPN reported Carr’s failure to complete the program to the Department, which then filed an administrative complaint with the Board to suspend Carr’s nursing license under section 120.60(5), Florida Statutes. The administrative complaint was served on Carr on July 13, 2023....

...28-106.201(3) (“Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition[.]”). Carr is a nurse, which requires a license in Florida; thus, any disputes relating to her license are governed by section 120.60, Florida Statutes, which read in part as follows: 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...

...mplaint 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. § 120.60(5), Fla....

...This appeal turns on whether Carr was “given adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57.” 3  When seeking a formal hearing under section 120.569, an aggrieved person must be provided notice—just like in section 120.60(5)—and an opportunity to respond to that notice with a request for a formal hearing....

...Burton, R.N., 1 petitions this Court for review of non-final agency action. She contends the Department of Health (the Department) exceeded its authority when it, by emergency order, suspended her license to practice nursing through summary proceedings and without a hearing. We have jurisdiction under sections 120.60(6) and 120.68(1), Florida Statutes, and Rule 9.100(c)(3), Florida Rules of Appellate Procedure....

...ERVIN, C.J., and BOOTH, J., concur. . HRS published a notice of revocation in the Florida Administrative Law Weekly. Appellant argues that the revocation of a Certificate of Need is a licensing proceeding and therefore governed by the provisions of § 120.60(6), Florida Statutes....

...aterial error in procedure or failure to follow prescribed procedure.” In this case, the agency served Appellants by certified mail with a notice setting out the facts and conduct which warranted the intended revocation of the foster home license. § 120.60(5), Fla....

...sciplinary actions; hearings upon denial, suspension, or revocation of license or registration; administrative fines.” The proposed denial advised the Daycare that “[t]his letter is considered an administrative complaint of [sic] the purposes of section 120.60(5), F.S.” Section 120.60(5) addresses the revocation, suspension, annulment, or withdrawal of any license. § 120.60(5), Fla....

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

LEVY, DAVID L., Associate Judge. The appellant’s teacher’s license was revoked for a two-year period after a hearing held before the Education Practices Commission. The appellant was not present for the hearing. The appellant contends that Section 120.60(7), Florida Statutes (1984-Supp.) [formerly Section 120.60(6)], was not complied with....

...Appellant further contends that the Commission improperly ruled against her without having competent evidence in the record to support such a finding. This court finds no merit in the appellant’s first contention, but agrees with the second. *962 As far as compliance with section 120.60(7) is concerned, the record clearly demonstrates that the licensee (the appellant herein) received, but twice refused, the notice of action initiated by the appellees....

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

...lation concurred in that finding. We deny the motion for rehearing but we grant the motion for clarification because the facts in this case are virtually indistinguishable from Pilcher , where we issued a writ of prohibition. In Pilcher we construed section 120.60(6), Florida Statutes (1979), as entitling the licensee to an informal conference at which the licensee would be afforded the opportunity to demonstrate compliance with licensing requirements and we held that the informal conference must be held before the Board embarks on a determination of probable cause. However, as respondent pointed out in this case, section 120.60(6) was changed effective July 1, 1981....

...2 While we agree that the right to a hearing before a final administrative order is rendered is clearly substantive, we believe the timing of when and before whom that hearing must occur is procedural. We therefore denied the writ for prohibition. The recent change in section 120.60(6) was not considered by the court in Pilcher and therefore it is not in conflict with this case....

...The notification letter informed petitioner of its right to request a hearing pursuant to § 120.57. The letter went on to provide: This is not a question of automatic renewal of a license since strict statutory guidelines apply to the authorization of the permit. Therefore, the Department does not consider Section 120.60(6), Florida Statutes, to be applicable. [[Image here]] ... the unregistered trailers will be considered to have expired permits and be nonpermitted trailers and normal enforcement will be pursued effective Monday, October 21, 1985. Section 120.60(6)....

...he application was for vehicles which admittedly did not meet the requirements of § 316.515. Since the application was for renewal of permits issued pursuant to § 316.550, this argument is patently without merit. Second, the department argues that § 120.60(6) does not apply because the permits expired automatically at the end of 12 months pursuant to § 316.550....

...permits which, under a construction most favorable to the department, expired after 24 months, it cannot be said that in this case the 36-month provision in § 316.-550 was an automatic statutory expiration depriving petitioner of the protection of § 120.60(6). We therefore do not reach the question of whether the 36-month cap provided in § 316.550 constitutes an automatic expiration of a license for purposes of § 120.60(6). Because we find § 120.60(6) clearly applicable under the circumstances of this case, that portion of the department’s preliminary order purporting to hold otherwise is vacated....

...ed the petition to the Division of Administrative Hearings; Community has exhausted all administrative remedies; since HRS failed to act on the CON application within the statutory period, the application is automatically deemed approved pursuant to Section 120.60(2), Florida Statutes; therefore Community has a legal right to compel HRS to issue a CON....

...Upon a prior direct appeal here from that order, this court denied the plaintiff’s application for a stay pending appeal. Several days after this court’s ruling on the application for stay, the subject lawsuit was filed below seeking virtually the same injunctive relief although based on the newly raised ground that Section 120.60(7), Florida Statutes (1982), authorizing the emergency order of suspension, was unconstitutional....

...in the application for a stay before this court while certain constitutional challenges are now made in the suit below. That cannot, however, change the result in this case. The plaintiff Carl & Mike, Inc. was not precluded from raising the appropriate constitutional challenges to Section 120.60(7), Florida Statutes (1982), in the appeal before this court and in the corresponding application for stay....

SMITH, Judge. Sumner appeals an order of the Board of Psychological Examiners (Board) determining that her application for certification to take the licensure examination should be denied and is not subject to the “deemer” provision under section 120.60(2), Florida Statutes (1987)....

...g the Board’s order denying her application. Sumner’s sole argument in her petition and in the hearing was that her application to take the licen-sure examination was deemed approved by operation of law by virtue of the “deemer” provision of section 120.60(2), Florida Statutes....

...as above recited were stipulated by the parties. After an informal administrative hearing, the Board entered an order concluding that its action on May 25, 1988, when it voted to deny Sumner’s application, fulfilled its statutory obligation under section 120.60(2) to approve or deny the application *921 within ninety days. The Board reasoned that although section 120.60(3) requires written notice of the decision to grant or deny, the deemer provision in section 120.-60(2) does not incorporate the requirement of written notice, and thus there was no requirement that Sumner receive written notice of the decision to deny within ninety days. On appeal, Sumner disputes the Board’s conclusion that its mere act of voting to deny her application on May 25, 1988, was sufficient to satisfy the deemer provision of section 120.60(2)....

...Department of Professional Regulation, Board of Psychological Examiners, 444 So.2d 1105 (Fla. 1st DCA 1984), Sumner contends that this court has stated that the agency must notify the applicant of its intent to deny within the ninety day period set forth in section 120.60(2), and that the notice requirement is complied with when the agency renders its notice of intent to deny, apprising the applicant of the grounds for denial and of its right to a section 120.57 proceeding....

...Sumner argues that this court’s Lin decision compels the conclusion that the Board did not complete its statutory responsibilities within the ninety day period. We reach a different conclusion. We agree with the Board that the deem-er provision of section 120.60(2) does not incorporate the written notice requirements of section 120.60(3) so that the Board was required to file its written notice of intent to deny within ninety days after receipt of Sumner's application....

...the statute. See American Bankers Life Assurance Company of Florida v. Williams, 212 So.2d 777, 778 (Fla. 1st DCA 1968). Sumner’s reliance on Lin to support a contrary result is misplaced. In Lin , this court was faced with the question of whether section 120.60(2) required that the administrative hearing be held and a final order rendered within the ninety day period....

...ion of the notice within 90 days was not required by the court’s holding. It applies equally, that if the legislature had intended to require the agency order to be “rendered” in ninety days, it could have easily inserted that requirement into section 120.60(2). American Bankers Life Assurance Company of Florida v. Williams, supra. An additional reason not to extend the application of Lin , as urged by appellant, is found in the fact that subsequent to the decision in Lin , the legislature amended section 120.60 by creating a new subsection (3), requiring written notice that the agency intends to grant or deny, or has granted or denied, the application for license, thereby insuring the applicant a point of entry to request an administrative hearing. The legislature left the “deemer” provision of section 120.60(2) intact. We agree with the Board that this strengthens the interpretation that the deemer provision does not incorporate the written notice requirement of section 120.60(3), because rather than adding the notice requirement to section 120.60(2), the legislature set it apart in a separate subsection containing no deemer language. The object of section 120.60(2) is to conduct the proceedings required with reasonable dispatch and with due regard to the rights and privileges of all affected parties or aggrieved persons....

...days, she was *922 orally notified of the Board’s decision within ninety days, she was promptly provided with a clear point of entry to request an administrative hearing, and in fact she timely petitioned for her administrative hearing. Construing section 120.60(2) as having been met in this case when the Board acted on Sumner’s application will most effectively meet the beneficial end contemplated by the legislature, will promote justice and will avoid harsh results....

...The filing of the motion shall not operate as a stay. The lower tribunal or court may grant a stay upon appropriate terms. Review of orders entered by lower tribunals shall be by the court on motion. (B) When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60(6), Florida Statutes, a licensee may file with the reviewing court a motion for stay on an expedited basis....

...Subdivision (e)(2)(B) deals with stays of orders which suspend licenses on an emergency basis. Before entering an emergency suspension order, the agency must make a finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60(6), Fla....

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

...ts. Agrico Chemical Corporation filed a permit application with the Department of Environmental Regulation (DER) to mine for phosphate within state wetlands. The DER failed to take action on the application within the ninety-day period prescribed by section 120.60(2), Florida Statutes (1989)....

...Since Agrico has completed all clearing operations under the permit, the wetlands question would appear to be moot. In a cross-appeal, Agrico contends that Manasota had no right to intervene in the permit process once the DER defaulted under the provisions of sections 120.60(2) and 403.0876(2)(a), Florida Statutes (1989)....

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

...Section 120.68(3) refers to an agency decision that “has the effect of suspending or revoking a license.” (Emphasis added.) This calls to mind provisions of the Administrative Procedure Act referring to agency decisions that annul, withdraw, restrict, or limit a license. § 120.60(5)-(6), Fla....

...be located for personal service of said Administrative Complaint.” The appellant filed a motion for rehearing, arguing that the appellee failed to make a diligent search before resorting to service by publication. The rehearing motion was denied. Section 120.60(7), Florida Statutes (1989), provides that no revocation of “any license is lawful unless, prior to the entry of the final order, the agency has served, by personal service or certified mail, an administrative complaint....” The st...

...el pursuant to section 559.928, Florida Statutes (2002). Before petitioner’s original registration expired, petitioner submitted an application for registration renewal. Pursuant to section 559.928(8), applications are subject to the provisions of section 120.60. Section 120.60(1) provides that the agency must approve any application for a license if the agency has not approved or denied the application within the time periods prescribed by that subsection. Here, the agency failed to initiate a proceeding concerning the renewal application under sec *295 tions 120.569 and 120.57, accordingly, the 90-day time period to act on the application was not tolled. Section 120.60(1)....

...After considering the applications, the Division served petitioners with Notices of Disapproval setting forth the facts on which the disapproval was based. Desiring to contest those facts, petitioners promptly filed requests for a formal hearing under sections 120.569 and 120.60....

....] or until 14 days after the application is approved.” Because a licensee’s right to operate under an alcoholic beverage license involves a substantial interest of the licensee, 6 the Administrative Procedures Act (APA) is necessarily involved. Section 120.60(3) provides that: “Each applicant shall be given written notice either personally or by mail that the agency intends to grant or deny, or has granted or denied, the application for license .......

...a written request for an administrative review of this decision within twenty-one (21)days of the date of this letter.” The Notices also added “[t]his notification of your right to an administrative hearing reviewing our decision is pursuant to 120.60(2), Florida Statutes.” The precise formulation used by the Division in its Notice of Disapproval (which, we note, did not use the term denied to describe its decision, saying instead that the applications were “disapproved”), and the notification of the right to request a formal hearing under sections 120.569 and 120.57, imply that the agency’s action was merely proposed action — i.e., that the Division “intends to ... deny ... the application for license_” See § 120.60(3) (“Each applicant shall be given written notice either personally or by mail that the agency intends to grant or deny, or has granted or denied, the application for license.” [Emphasis supplied])....

...By its very nature, an intent to deny an application for a license does not logically represent the actual denial. Something more formal is contemplated by the mere intent to do an act. Under the APA, the time and method for taking final action on an application for a license has been set by the legislature. Section 120.60(1) provides in material part that: “Every application for a license shall 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....

...cularly, as here, where an applicant seeks to contest facts relied on by the Division to deny an application. The legislature has said in the APA that the'time for the agency to grant or deny the application is tolled while a formal hearing is held. § 120.60(1)....

...All statutory references are to Florida Statutes (1995). . Petitioners point out that the Division currently has the power to effectuate an emergency suspension of any license where it finds an "immediate serious danger to the public health, safety, or welfare.” § 120.60(6), Fla....

...Two weeks later, on November 6, 2020, the Department filed an administrative complaint against Dr. Stover based on the same incident alleging medical malpractice and violation of Rule 64B8-9.009(2)(f). 2 DISCUSSION Section 120.60(6) delineates the Department’s authority to take emergency disciplinary action against a state licensee under the following circumstances: If the agency finds that immediate serious danger to the public health,...

...Significantly, in authorizing the Department to issue such orders prior to any hearing, the Legislature provided that such emergency orders are immediately reviewable when the licensee files a petition for review of nonfinal agency action in the appropriate district court. See §§ 120.60(6)(c), 120.68(1)–(2), Fla....

...alidity must appear on the face of the order.” Valls v. Dep’t of Health, 255 So. 3d 515, 517 (Fla. 3d DCA 2018); see also Lohstreter v. Dep’t of Health, 298 So. 3d 1290, 1290 (Fla. 1st DCA 2020). To satisfy the demanding standards of section 120.60(6), the factual allegations in the order must show “(1) the complained of conduct is likely to continue; (2) the order is necessary to stop the emergency; and (3) the order is sufficiently narrowly tailored to be fair.” Id....

...at 1290 (internal quotations and citation omitted). Among other things, the Legislature required that the Department’s order disclose 6 “its reasons for concluding that the procedure used is fair under the circumstances.” § 120.60(6)(c), Fla....

...he constitutionality of the manner in which he was proceeded against by the board. A temporary restraining order was issued on the basis of the board’s alleged failure to provide notice prior to the institution of agency proceedings as required by Section 120.60(6), Florida Statutes (1979)....

...331 . The alleged violation relied upon by the physician is not one which we deem to be of a constitutional dimension. The allegation that he was denied a good cause hearing as required by statute is not an attack on the facial constitutionality of Section 120.60(6), supra, but rather objects to the way in which the statute was applied....

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

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

...(ALJ) of the Department of Administrative Hearings, recommending that DFS enter a final order determining that Respondent’s application to be licensed as an insurance agent “has been granted by operation of law” under the default provision of section 120.60(1), Florida Statutes....

...The Plaintiff specifically argues that the FBM is both discriminating against her and also segregating her. By segregation, the Plaintiff asserts that the FBM is trying to impose "accommodations" upon her that she does not desire. Finally, the Plaintiff asserts that the Defendants have violated Florida Statutes Section 120.60 which provides: (2) When an application for a license is made as required by law, the agency shall conduct the proceedings required with reasonable dispatch and with due regard to the rights and privileges of all affected parties or aggrieved persons....

...or denial of the license, except when issuance is a ministerial act. On denial of a license application on which there has been no hearing, the denying agency shall inform the applicant of any right to a hearing pursuant to s. 120.57. Fl. Stat. Ann. § 120.60(3)....

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

.... (b) Commencement. (1) [No Change] (2) Review of non-final agency action under the Administrative Procedure Act, including non-final action by an administrative law judge, and agency orders entered pursuant to section 120.60(6), Florida Statutes, shall be commenced by filing a petition for review in accordance with rules 9.100(b) and (c). (3) [No Change] (c) – (e) [No Change] Committee Notes [No Change] RULE 9.200....

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

...ing Calusa’s motion for final summary judgment and issuing a writ of mandamus commanding the DOT to grant a permit within fifteen days approving Calu-sa’s application for connection to the state highway system. The issue we must resolve is: Does section 120.60(2), 1 Florida Statutes (1989) require the DOT to grant or deny a connection permit application in writing within ninety days after receipt of that application; otherwise, the application is deemed approved....

...Calusa filed a mandamus action in the circuit court seeking to compel issuance of the driveway connection permit for failure of the DOT to approve or deny the application within ninety days of the DOT’s receipt of the application as required under section 120.60(2)....

...ion. The writ contained the following findings and conclusions: The pleadings, together with the affidavits filed herein by the parties establish that: a. Defendants failed to timely approve or deny the Application as required by Sections 335.18 and 120.60(2), Florida Statutes; and b. As a result of said failure, the Application was deemed approved by operation of Section 120.60(2), Florida Statutes....

...Dep’t of Natural Resources, 507 So.2d 1225 (Fla. 5th DCA 1987). That subsection, however, does not expressly demand or even mention that the approval or denial of the application must be in writing to avoid the operation of the “deemer” provision. § 120.60(2), Fla.Stat....

...*546 Nonetheless, Calusa attempts to apply the language contained in section 120.-60(3), 2 Florida Statutes (1989), that specifically requires written notice to each applicant of a denial or granting of an application, to the “deemer” provision of section 120.60(2)....

...The Sumner court stated: “If the legislature had intended to specifically require written notice within ninety days, it would have been a simple matter to have inserted the limitation in the statute.” Id. at 921 (citation omitted). If, as Sumner holds, a verbal denial is sufficient to satisfy the time limitations of section 120.60(2), then the question remains whether Calusa received within the ninety days, at least, oral notice that its application was denied by the DOT....

...We remand the case to the trial court with directions that it dismiss Calusa’s petition for a writ of mandamus, without prejudice to Calusa pursuing its available avenue of relief under section 120.57. Reversed and remanded. CAMPBELL, A.C.J., and HALL, J., concur. . In pertinent part, section 120.60(2) states: [EJvery application for license shall be approved or denied within 90 days after receipt of the original application or receipt of the timely requested additional information or correction of errors or omissions unless a shorter period of time for agency action is provided by law ......

...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 the recommended order is submitted to the agency and the parties, whichever is latest, shall be deemed approved; ... § 120.60(2), Fla.Stat....

...ich must be followed, and shall state the applicable time limits. The issuing agency shall certify that the notice was given. The certification shall show the time and date the notice was mailed or delivered and shall be filed with the agency clerk. § 120.60(3), Fla.Stat....

...agency “for any offense that would constitute a violation of this chapter.” An administrative complaint was filed on April 3, 1990, based on the DPR panel’s memorandum of finding of probable cause. The applicable notice requirements appear in section 120.60(7), Florida Statutes (Supp.1990), which provides in pertinent part: 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...

...section 465.016(l)(h), Florida Statutes (1989). Clearly, the statutory option of notice by certified mail was unsuccessful. The issue on appeal is whether DPR acted with due diligence to determine whether personal service could be made, pursuant to section 120.60(7), Florida Statutes (Supp.1990), to provide Appellant with reasonable notice of the administrative complaint and licensing investigation....

...After Baker failed to timely request an administrative hearing, his certification was revoked by final order of the Department of Insurance. Appellant moved for rehearing on the basis that he had not been given sufficient notice of the opportunity to seek a hearing on the complaint against him. See section 120.60(7), Florida Statutes (Supp.1990)....

...ailed to meet due process requirements of chapter 120). We find the particular facts of the case sub judice are such that Appellee did not show personal service on Schram could not be made. Accordingly, Appellee failed to satisfy the requirements of section 120.60(7), Florida Statutes (Supp.1990)....

...ida. Given the Department’s modifications of its prior ruling in the petitioner’s case in light of Daube v. Dep’t of Health, 897 So.2d 493 (Fla. 1st DCA 2005), we conclude that the Department’s factual allegations satisfy the requirements of section 120.60(6), Florida Statutes (2004), that the order (as amended) employs the least restrictive reasonable means of protecting the public, and that the petitioner has not shown reversible error....

...review of emergency agency action restricting his license to practice as a dental hygienist. We deny Mr. Sanchez’s petition because the Department’s order is facially sufficient.  I. Pursuant to § 120.60(6), Florida Statutes, the Department entered an emergency order restricting Mr....

...And so, it restricted Mr. Sanchez’s license to practice immediately by prohibiting him from seeing female patients until a full hearing could take place in the matter. 2  II. Section 120.60(6) authorizes a state agency to take emergency disciplinary action against a state licensee under the following circumstances: If the agency finds that immediate serious danger to the public health, safety, or welfa...

...��s order satisfied each of these elements. We more particularly address only Mr. Sanchez’s argument that the order restricting his license was not sufficiently narrowly tailored to be fair. Many cases have construed the requirements of § 120.60(6), and among the requirements this court has applied is that emergency orders must be “sufficiently narrowly tailored to be fair.’” Nath, 100 So....

...uestion by summary judgment or dismissal is viewed with disfavor. See, e.g., Aprile v. Suncoast Schools Federal Credit Union, 596 So.2d 1290 (Fla. 2d DCA 1992); Lago West 84, Inc. v. Homoc Barnes, Inc., 486 So.2d 64 (Fla. 4th DCA 1986). . See, e.g., § 120.60(2), Fla.Stat....

...New England was given notice in both complaints that after a hearing, the Department intended to enter an order for New England to cease and desist from engaging in the business of insurance in this state. In response to the complaints, New England requested a formal hearing pursuant to section 120.60, Florida Statutes (1985)....

...ing appropriate to the cause of action being adjudicated. [1] Due process principles are an essential and fundamental ingredient of our constitutional jurisprudence and they form the basis from which many laws derive their authority. One of these is section 120.60(6)(c), Florida Statutes (2005), which allows summary suspension of a license, such as the child day care facility license held by Oakcrest Early Education Center, Inc....

..., and this court has been informed by notice of supplemental authority filed by the Department that Oakcrest's request for license renewal was denied. Oakcrest argues that the emergency suspension of its license violated its due process rights under section 120.60(6), Florida Statutes, because the Department failed to promptly institute and act upon a suspension or revocation proceeding pursuant to that statute....

...transported by it. § 402.310(1), Fla. Stat. (2005). Section 402.310(2) requires the Department to "determine the matter in accordance with procedures prescribed in chapter 120." § 402.310(2), Fla. Stat. (2005). Thus we advert to the provisions of section 120.60(6) of the Administrative Procedures Act, which governs emergency license suspension procedures....

...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. Pursuant to section 120.60(6)(b), an agency is restricted to taking only such action as is necessary to protect the public interest. Where that action is taken prior to a hearing and an emergency order is entered suspending or revoking a license, section 120.60(6)(c) requires that "a suspension or revocation proceeding pursuant to ss....

...s to require that suspension or revocation proceedings be promptly instituted lest a constitutionally-protected right to procedural due process be unduly restricted or abrogated by a slow administrative process. [5] Because a formal proceeding under section 120.60(6) was never instituted, it is not necessary that we resolve the issue of what "prompt" means or formulate a test to make that determination—suffice it to say that what was never done is never prompt....

...sion or revocation proceeding, which allows the licensee the opportunity to contest the allegations and factual matters relied upon by the Department to take away the license. Field v. State, Dep't of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005) ("Section 120.60(6)(c) requires, in cases of summary suspension, that the Department promptly institute a formal suspension or revocation proceeding pursuant to sections 120.569 and 120.57, Florida Statutes (1999)....

...ew its license. We believe that Oakcrest had the right to a hearing, regardless of the number of days affected by the suspension. Acceptance of the Department's argument would not accord procedural due process to the licensee within contemplation of section 120.60(6) or the constitutions, both Florida and federal, and would so diminish this valuable constitutional right that it would virtually become of little worth to anyone whose license is placed in jeopardy by the emergency provisions of the statute....

...ew. A preliminary, procedural, or intermediate order of the agency or of an administrative law judge of the Division of Administrative Hearings is immediately reviewable if review of the final agency decision would not provide an adequate remedy."); § 120.60(6)(c), Fla....

...IAM. Gouzhen Shang, Appellant, appeals a final order of the Department of Health revoking her license to practice massage therapy. We reverse because the record does not support the Department’s finding that she was properly served by publication. Section 120.60(5), Florida Statutes (2013), permits service by publication in the county of the licensee’s last known address, but only “[w]hen personal service cannot be made and the certified mail notice is returned undelivered.” The Departme...

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

...ctor’s license to teach real estate courses on the ground that he was guilty of teaching an unapproved correspondence course. We agree with Phillips that the Florida Real Estate Commission (the Commission) failed to comply with the requirements of section 120.60(5), Florida Statutes (Supp.1996), in withdrawing its prior approval of Phillips’ real estate correspondence course....

...a “license” as defined in section 120.52(9), Florida Statutes (Supp. 1996), and that, in withdrawing the approval of this license by adopting rule 61J2-3.009(5)(f), the Commission failed to comply with the notice and due process requirements of section 120.60(5), Florida Statutes (Supp.1996)....

...442 (1926), where the statute governing the licenses provides a method of revocation, that method must be followed. See generally 8 Fla. Jur.2d Businesses and Occupations § 75 (1996). A “license” granted pursuant to section 120.52(9) cannot be revoked or withdrawn without complying with section 120.60(5). 2 See generally Capeletti Bros., Inc. v. State, Dep’t of Transp., 362 So.2d 346 (Fla. 1st DCA 1978). In the instant case, the Commission failed to provide notice to Phillips of the intended revocation of his course approval, as required by section 120.60(5), prior to the withdrawal of approval of his correspondence course under rule 61J-3.009(5)(f)....

...applicable renewal cycle would be the next available renewal cycle, whether it be that for one of the groups of real estate licensees or that for real estate schools. Because of our ruling here, it is unnecessary for us to resolve this ambiguity. . Section 120.60(5), Florida Statutes (Supp....

...HRS adopted the stipulation in a final order on May 20,1981. Subsequently, HRS made a report documenting several alleged violations of the stipulated agreement and requesting revocation. After reviewing the report, HRS revoked appellant’s licenses without a hearing. Section 120.60(6), Fla....

...nt. If the board finds no probable cause, the department has a limited right to file, notwithstanding the board’s finding. § 455.225(3), Fla.Stat. (1979). The question presented is at what stage of these proceedings the licensee is entitled under section 120.60(6), to demonstrate his innocence, and to whom....

...In the instant case, the petitioner was not given his statutory opportunity to show his innocence of the charges until the agency had committed itself to proceeding to revoke his license. Under these facts, the “safeguard” provided by the Legislature 3 has been effectively circumvented by the agency. Second, section 120.60(6) contemplates that the hearing be held before the Board of Real Estate, rather than before a representative of the department....

...Before the enactment of the section, the predecessor of the present board, the Florida Real Estate Commission, had the responsibility for the entire processing of complaints concerning brokers, subject only to the general supervisory authority of the department. See § 455.013, Fla.Stat. (Supp.1974). Subsequently, when section 120.60(6) was enacted, there was no question that it created a right to a hearing before the Florida Real Estate Commission....

...The only substantive change in the law since that time was the legislative transfer of the commission’s (board’s) investigative function to the department. See Ch. 79-36, § 5, Laws of Fla. This amendment was insufficient to divest the board of its jurisdiction over section 120.60(6) hearings....

...espect. We also cannot conclude, independent of the legislature’s determination in section 456.074(4), that Dr. Moses’ failure to repay his student loans constitutes an “immediate serious danger to the public health, safety, or welfare.” See section 120.60(6), Florida Statutes (2003)....

...Wetherell Secretary Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Dear Secretary Wetherell: You ask the following question: When does the time frame begin under section 120.60 , Florida Statutes, for taking final agency action on an application for a wetlands resource permit in the geographic jurisdiction of the Northwest Florida Water Management District? In sum: The administrative rules adopted by the Depa...

...est Florida Water Management District has been received without the requisite fee, the applicant will be promptly notified that the required fee was not received. The permit processing time requirements begin once the required fee has been received. Section 120.60 , Florida Statutes, provides that upon receipt of a license application, an agency must examine the application and notify the applicant of any apparent errors or omissions and request additional information within 30 days....

...If a fee was received by the Department which is less than the amount required, the Department shall return the fee along with the written notification. (c) Upon receipt of the proper application fee, the permit processing time requirements of Sections 120.60 (2) and 403.0876 , F.S., shall begin....

...(d) If the applicant does not submit the required fee within ten days of receipt of written notification, the Department shall either return the unprocessed application or arrange with the applicant for the pick up of the application. * * *" The above language has not been substantively amended since July 1, 1994. Section 120.60 , Florida Statutes, requires an agency to notify an applicant of any omissions or errors in the application within 30 days of receipt....

...Such notification places the burden on the applicant to correct the deficiency. The rule further provides that the department shall take no further action on the application until the correct fee is received. Pursuant to Rule 62-4.050 (5)(c), Florida Administrative Code, the time requirements in section 120.60 , Florida Statutes, begin upon receipt of the application fee....

...when an application for a wetlands resource permit in the Northwest Florida Water Management District has been received without the requisite fee, the applicant will be notified that the required fee was not received and the time frame prescribed in section 120.60 , Florida Statutes, begins once the required fee has been received. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 120.60 , Fla. Stat. Cf., Rule 62-312.060 (13), Fla. Admin. Code, providing that "[a]ny application for a permit that is not approved or denied within the time prescribed by Sections 120.60 and 403.815 , and 403.0876 , F.S., shall be deemed approved in accordance with Subsection 120.60 (2), F.S." 2 Rule 17-4.050, Fla....

...The petitioner, Preferred R.V., is a recreational vehicle dealer who was licensed by the Department under chapter 320, Florida Statutes. On July 25, 2003, the Department served the petitioner with an administrative complaint and order of emergency suspension of its recreational vehicle dealer license pursuant to section 120.60(6), Florida Statutes....

...He was sentenced to two years of community control and three years of probation, and ordered to pay costs and restitution. On December 13, 2001, the Department of Health suspended his license pursuant to section 456.074, Florida Statutes (2001), and section 120.60(6), Florida Statutes (2001). Dr. Arwas appeals the order of emergency suspension. [1] We affirm, as the order was proper pursuant to section 120.60(6), which provides that the agency may issue an order of emergency suspension if it finds an "immediate serious danger to the public health, safety, or welfare...." We do not reach the remaining points on appeal....

PER CURIAM. AFFIRMED. See § 120.60(5), Fla.Stat....

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

...n on two outstanding administrative complaints filed by appellee/Department of Health and Rehabilitative Services. We affirm. There is no requirement, as argued by appellant, that a hearing be conducted prior to entry of emergency orders pursuant to Section 120.60(8), Florida Statutes....

...Department of Professional Regulation, 388 So.2d 47 (Fla. 2d DCA 1980); Department of Business Regulation v. Provende, Inc., 399 So.2d 1038 (Fla. 3d DCA 1981). We find that the emergency order entered in this case facially complies with the requirements of Sections 120.60(8) and 120.54(9), Florida Statutes, and that a formal suspension or revocation proceeding is currently pending....

...The Glenbeigh license and types of patients treated have not changed. UPC ... [and Charter Hospital of Tampa Bay] seek to have the department rescind Glenbeigh’s authority to treat patients suffering from eating disorders. Thus, what the petitioners seek is license revocation pursuant to Section 120.60, Florida Statutes....

...order is narrowly tailored to be fair. See Nath v. Dep’t of Health, 100 So.3d 1273, 1276 (Fla. 1st DCA 2012); Kaplan v. Dep’t of Health, 45 So.3d 19, 20-21 (Fla. 1st DCA 2010); Field v. Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla....

...mpting to engage, or offering to engage, Patient L.P. in sexual misconduct by: a. Touching Patient L.P.’s buttocks; b. Attempting to kiss Patient L.P.; and c. Telling Patient L.P. that she was attractive. 6. Section 120.60(6), Florida Statutes (2017), authorizes the State Surgeon General to restrict a clinical social worker’s license upon a finding that the clinical social worker presents an immediate, serious danger to the public health, safety, or welfare. (Emphasis added). ANALYSIS Section 120.60(6) authorizes a state agency to take emergency disciplinary action against a state licensee under the following circumstances: If the agency finds that immediate serious danger to the public health, safety, or welfare requires...

...D'Lugo of Wicker, Smith, O'hara, McCoy & Ford, P.A., Orlando, for Petitioner. Therese A. Savona, Chief Appellate Counsel, Florida Department of Health, for Respondent. PER CURIAM. Appellant petitions for review of a non-final administrative order which imposed emergency restrictions on his nursing license. Section 120.60(6), Florida Statutes, permits an emergency restriction of a license so long as “[t]he agency takes only that action necessary to protect the public interest under the emergency procedure” and states in writing the “specific fa...

PER CURIAM. Appellant petitions for review of a non-final administrative order which imposed *955 emergency restrictions on his nursing license. Section 120.60(6), Florida Statutes, permits an emergency restriction of a license so long as “[t]he agency takes only that action necessary to protect the public interest under the emergency procedure” and states in writing the “specific facts...

...alth or safety of children" and violations of licensing statutes and rules. Section 409.175(6)(d) gives foster care licensees an opportunity to challenge the revocation decision in an administrative hearing under Chapter 120 of the Florida Statutes. Section 120.60(5) states: 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 afford...

...rning foster care license revocation should be no greater than the standard in administrative hearings concerning professional license application, which it asserts is the competent, substantial evidence standard. This assertion is incorrect because section 120.60(3) entitles professional license applicants to a section 120.57 hearing to resolve disputed issues of fact....