The 2023 Florida Statutes (including Special Session C)
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. . . It argues, first, that it is entitled to a license by default under § 120.60(1), Florida Statutes (2015 . . . Appellant argues, however, that it is entitled to a default license anyway, because, under § 120.60(1 . . . Bronson , 843 So.2d 294 (Fla. 1st DCA 2003) (" Section 120.60(1) provides that the agency must approve . . . Section 120.60(1) makes the issuance of a default license "[s]ubject to the satisfactory completion of . . . Under these circumstances, where the applicant has failed the pre-licensure examination, § 120.60(1) . . .
. . . Section 120.60(6), Florida Statutes (2017), authorizes the State Surgeon General to restrict a clinical . . . ANALYSIS Section 120.60(6) authorizes a state agency to take emergency disciplinary action against a . . .
. . . non-final nonfinal action by an administrative law judge, and agency orders entered pursuant to section 120.60 . . .
. . . Section 120.60(6), Florida Statutes (2017) authorizes the Department to take emergency action to restrict . . . immediate review of that nonfinal agency action by a petition for review filed with an appellate court. § 120.60 . . .
. . . Dep't of Ins. , 685 So.2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla. Stat.). . . .
. . . As supporting authority, AHCA cited sections 120.60 and 408.814, which permit it to take emergency action . . . when it finds an immediate threat to public safety, health, safety, or welfare. §§ 120.60(6), 408.814 . . . See § 120.60(6)(c), Fla. Stat.; Sanchez v. . . .
. . . Pursuant to § 120.60(6), Florida Statutes, the Department entered an emergency order restricting Mr. . . . Section 120.60(6) authorizes a state agency to take emergency disciplinary action against a state licensee . . . was not sufficiently narrowly tailored to be fair, Many cases have construed the requirements of § 120.60 . . .
. . . Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla. Stat. (2016). . . .
. . . Law § 120.60. . . . Law § 120.60. . . .
. . . Sections 120.57(l)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. . . .
. . . . § 120.60(6), Fla. Stat. (2015). . . . unishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60 . . .
. . . pose an “immediate serious danger to the public health, safety, or welfare” as required by section, 120.60 . . . See § 120.60(6)(a)-(c), Fla. Stat (2015). . . .
. . . Section 120.60(5), Florida Statutes (2013), permits service by publication in the county of the licensee . . .
. . . Section 120.60(6), Florida Statutes, permits an emergency restriction of a license so long as “[t]he . . .
. . . including non-final action by an administrative law judge, and agency orders entered pursuant to section 120.60 . . .
. . . Statutes, and the process due in these administrative proceedings is codified in sections 120.569, 120.57, 120.60 . . .
. . . .” § 120.60(6)(c), Fla. Stat. (2012) (emphasis added). . . . This, and the other requirements set forth in section 120.60(6), protect a licensee’s right to due process . . . simultaneously with or shortly after issuing the ESO is not, in my view, sufficient by itself to satisfy section 120.60 . . . Arguably, the Department’s inaction here runs afoul of section 120.60(6) and “well-established constitutional . . . Under section 120.60(6), Florida Statutes (2018), Dr. . . . revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon. § 120.60 . . . 120.57 hearing on the Department’s suspension of his license, pursuant to the plain language of section 120.60 . . .
. . . Section 120.60(5), Florida Statutes (2005), requires that an administrative complaint must afford “reasonable . . . action against a licensee on conduct never alleged in the administrative complaint violates section 120.60 . . .
. . . .” § 120.60(6)(c), Fla. Stat. . . . We have jurisdiction under sections 120.60(6) and 120.68(1), Florida Statutes, and Rule 9.100(c)(3), . . .
. . . . § 120.60(5), Fla. Stat. . . .
. . . Daycare that “[t]his letter is considered an administrative complaint of [sic] the purposes of section 120.60 . . . Section 120.60(5) addresses the revocation, suspension, annulment, or withdrawal of any license. § 120.60 . . .
. . . We find that the ESO fails to meet the exacting standards of section 120.60(6), Florida Statutes, because . . .
. . . Section 120.60(6), Florida Statutes (2011), authorizes the State Surgeon General to summarily suspend . . . Section 120.60(6), Florida Statutes (2012), authorizes emergency disciplinary action under the following . . . We conclude that this ESO satisfies the requirements of section 120.60(6) and case law, except for the . . . We are not persuaded that such difficulty satisfies the requirements of section 120.60(6), and in any . . .
. . . administrative law judge, under the-Administrative Procedure Act and agency orders entered pursuant to section 120.60 . . . an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60 . . .
. . . administrative law judge, under the Administrative Procedure Act and agency orders entered pursuant to section 120.60 . . . an agency has ordered emergency suspension, restriction, or limitations of a license under section 120.60 . . .
. . . . § 120.60(5), Fla. . . .
. . . .” § 120.60(6)(c), Fla. Stat. (2010); see also Kaplan v. . . . addressed a petitioner’s contention that section 456.074(1) pardoned DOH’s obligation under section 120.60 . . .
. . . As required by section 120.60(3), the denial letter informed Appellant of its right to request an administrative . . .
. . . Such an ESO is subject to the exacting standards of section 120.60(6), Florida Statutes (2009). . . . take only “that action necessary to protect the public interest under the emergency procedure .... ” § 120.60 . . . the Department’s] reasons for concluding that the procedure used is fair under the circumstances.” § 120.60 . . . Because respondent has failed to satisfy even a most basic application of section 120.60(6), we QUASH . . .
. . . Algee’s statement indicated that he had retrieved $76.00 in currency and $120.60 worth of stamps from . . . They counted $76.00 in cash and $120.60 worth of stamps. . . .
. . . Florida Statutes, because it is an agency statement of general applicability that implements section 120.60 . . .
. . . We have jurisdiction under rule 9.100(c)(3) and section 120.60(6), Florida Statutes. Dr. . . . Emergency suspension, restriction or elimination of a license is authorized by section 120.60(6), Florida . . . practice as a licensed optometrist will be promptly instituted and acted upon in compliance with Sections 120.60 . . .
. . . See § 120.60(6), Fla. Stat. (2007); Bio-Med Plus, Inc. v. . . . allegation of widespread personal monetary loss is sufficient to meet the danger requirement of section 120.60 . . . monetary losses can be the type of danger to the public health, safety or welfare addressed by section 120.60 . . . Because the IFO meets the requirements of section 120.60(6), Florida Statutes, it is AFFIRMED and the . . .
. . . Additionally, the “emergency suspension” provision in section 120.60(6), Florida Statutes, requires that . . .
. . . Section 120.60(5) states: No revocation, suspension, annulment, or withdrawal of any license is lawful . . . This assertion is incorrect because section 120.60(3) entitles professional license applicants to a section . . .
. . . is ‘necessary to protect the public interest under the emergency procedure,’ as required by section 120.60 . . . See §§ 120.60(6), 456.072(1)(q), 456.072(2)(b), Fla. Stat. (2006). See, e.g., Bio-Med Plus, Inc. v. . . .
. . . ANALYSIS In regard to licensing, emergency action may be taken under section 120.60(6) of the Florida . . . revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon. § 120.60 . . . Any such finding is subject to review pursuant to sections 120.60(6)(c), 120.68, Florida Statutes (2006 . . . facts did not establish immediate danger to the public health, safety or welfare as required by section 120.60 . . . Given the requirements of section 120.60(6), we find that the order before us fails to demonstrate that . . .
. . . as an insurance agent “has been granted by operation of law” under the default provision of section 120.60 . . .
. . . as an insurance agent “has been granted by operation of law” under the default provision of section 120.60 . . .
. . . One of these is section 120.60(6)(c), Florida Statutes (2005), which allows summary suspension of a license . . . Thus we advert to the provisions of section 120.60(6) of the Administrative Procedures Act, which governs . . . Pursuant to section 120.60(6)(b), an agency is restricted to taking only such action as is necessary . . . Because a formal proceeding under section 120.60(6) was never instituted, it is not necessary that we . . . State, Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005) (“Section 120.60(6)(c) requires, in cases . . .
. . . Licensing Board [Board] has conceded error (failure to notify Castillo’s attorney as required by section 120.60 . . .
. . . is “necessary to protect the public interest under the emergency procedure,” as required by section 120.60 . . .
. . . In our review, we must determine whether the ESO complies with the requirements of section 120.60(6), . . . Section 120.60(6) provides that, when the Department “finds that immediate serious danger to the public . . . As discussed above, to obtain an emergency suspension without hearing, under both section 120.60(6) and . . . Given the requirements of sections 120.60(6) and 499.066(5), we cannot agree. . . . See § 120.60(6)(c), Fla. Stat. (2004). . . . .
. . . the emergency suspension order fails to set forth the factual findings that are required by section 120.60 . . .
. . . Law § 120.60 (McKinney 2004). . . .
. . . DCA 2005), we conclude that the Department’s factual allegations satisfy the requirements of section 120.60 . . .
. . . the DEP and the South Florida Water Management District, this court held that pursuant to sections 120.60 . . .
. . . Pursuant to sections 120.60(6)(c) and 120.68(1), Florida Statutes (2004), Steven A. . . . Section 120.60(6), Florida Statutes (2004), provides that, when an agency “finds that immediate serious . . . reasons for concluding that the procedure used is fair under the circumstances.... ” Under section 120.60 . . . Section 120.60(6)(c) requires, in cases of summary suspension, that the Department promptly institute . . . Section 120.60(6)(c) also provides that “[t]he agency’s findings of immediate danger, necessity, and . . .
. . . petitions this Court for review of the Department of Health’s emergency order issued under section 120.60 . . . that ‘necessary to protect the public interest under the emergency procedure’ as provided in section 120.60 . . .
. . . In an emergency action against a license, section 120.60(6)(b), Florida Statutes (2004), requires that . . . that “necessary to protect the public interest under the emergency procedure” as provided in section 120.60 . . . Punishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60 . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . See section 120.60(6), Florida Statutes (2003). . . .
. . . . § 120.60(5)(2003)(emphasis added). . . .
. . . We affirm the order as it is proper pursuant to Section 120.60(6), Florida Statutes. See Arwas v. . . .
. . . complaint and order of emergency suspension of its recreational vehicle dealer license pursuant to section 120.60 . . .
. . . procedures addressing applications to renew a previously granted nursing home license, we note that section 120.60 . . . Section 120.60(3) provides as follows: Each applicant shall be given written notice either personally . . .
. . . issued by the Department of Agriculture and Consumer Services (the Department) pursuant to section 120.60 . . . health, safety, and welfare Personal monetary losses can be the sort of danger addressed by section 120.60 . . . An EMERGENCY ORDER OF SUSPENSION is required pursuant to Section 120.60(6), Florida Statutes. . . . An IMMEDIATE FINAL CEASE AND DESIST ORDER is required pursuant to section 120.60(6), Florida Statutes . . .
. . . 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 . . . Section 120.60(1). . . .
. . . Furthermore, the Division’s actions violated section 120.60(5), Florida Statutes (2000), which prohibits . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . On December 11th, the DEP faxed the landowner a waiver of the ninety day time limit under sections 120.60 . . . Section 120.60, Florida Statutes(2000) provides in pertinent part: (1) Upon receipt of an application . . . Both sections 373.4141(1) and 120.60(1), Florida Statutes provide that the “receipt” of an application . . . Section 120.60(1) provides for receipt by an “agency.” . . .
. . . Department of Health suspended his license pursuant to section 456.074, Florida Statutes (2001), and section 120.60 . . . We affirm, as the order was proper pursuant to section 120.60(6), which provides that the agency may . . .
. . . See § 120.60(5), Fla.Stat. (2000). THOMPSON, C.J., SHARP, W„ and SAWAYA, JJ., concur. . . .
. . . Code 120.10(d), 120.60(c)(1), 120.384(b)(2)(A) (2000). . . . Code 120.60(c)(3) (2000). . . . Code 120.60(c)(4)(C) (2000); see 89 Ill. Admin. . . . Code 120.60(c)(3) (2000). . . . Code 120.60(c)(3)(C) (2000). . . .
. . . this revocation, the DHSMV also opines that it did not have to comply with the provisions of section 120.60 . . .
. . . Respondent failed to comply with the time requirements of section 120.60(1), Florida Statutes. . . . Respondent failed to comply with the time requirements of section 120.60(1), Florida Statutes. . . .
. . . Broyles’ license to practice medicine on an emergency basis pursuant to section 120.60(6), Florida Statutes . . . does not advance any substantial argument that the order, on its face, fails to comply with section 120.60 . . . “that immediate serious danger to the public health, safety, or welfare requires (such action).” § 120.60 . . .
. . . Stat. (2000), because of respondent’s failure to comply with the time requirements of section 120.60( . . .
. . . When an agency has ordered emergency suspension, restriction, or limitation of a license under section 120.60 . . . finding that immediate suspension is necessary to protect the public health, safety, or welfare. § 120.60 . . .
. . . This award amounts to the sum of $24,128,-120.60. This is not the end of the inquiry. . . .
. . . See N.Y.Crim.Proc.Law §§ 120.70(2)(b), 120.60; see also Titus v. . . .
. . . Champion for deposition transcription costs in the amount of $2,353.18 and copying costs in the amount of $120.60 . . .
. . . Finally, the Plaintiff asserts that the Defendants have violated Florida Statutes Section 120.60 which . . . Ann. § 120.60(3). . . .
. . . the Florida Real Estate Commission (the Commission) failed to comply with the requirements of section 120.60 . . . 3.009(5)(f), the Commission failed to comply with the notice and due process requirements of section 120.60 . . . granted pursuant to section 120.52(9) cannot be revoked or withdrawn without complying with section 120.60 . . . provide notice to Phillips of the intended revocation of his course approval, as required by section 120.60 . . . Section 120.60(5), Florida Statutes (Supp. 1996) provides in pertinent part: No revocation, suspension . . .
. . . application: The Court notes that the parties do not dispute the hourly rate claimed for work performed ($120.60 . . . by the Court in part II.A.3.a., d., and e., above, the Court awards EAJA fees for 167.75 hours, at $120.60 . . .
. . . : Ruth Early, $111.30; (Captain) Edgardo Artuz, $217.90; Pedro Quinones, $222.60; Virginia Winnie, $120.60 . . .
. . . Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997). . . .
. . . contest those facts, petitioners promptly filed requests for a formal hearing under sections 120.569 and 120.60 . . . Section 120.60(3) provides that: “Each applicant shall be given written notice either personally or by . . . t]his notification of your right to an administrative hearing reviewing our decision is pursuant to 120.60 . . . Section 120.60(1) provides in material part that: “Every application for a license shall be approved . . . the'time for the agency to grant or deny the application is tolled while a formal hearing is held. § 120.60 . . .
. . . disciplinary action, as required by chapter 96-159, section 26, at 51, Laws of Florida, creating section 120.60 . . . (5), Florida Statutes (Supp.l996)(ineorporating language from section 120.60(7), Florida Statutes (1993 . . .
. . . .” §§ 120.60(8) & 120.54(9), Fla. Stat. (1995). Under this standard, Dr. . . .
. . . Contrary to Petitioner’s arguments, we conclude that AHCA complied with sections 120.54(9) and 120.60 . . .
. . . At issue in this case is whether Florida law, embodied in Florida Statute 120.60(6) (1993) and Florida . . . The district court deferred to the FDER’s interpretation of section 120.60(6) and rule 17-4.090(1), in . . . In the initial appeal, we concluded that the proper construction of section 120.60(6) and rule 17-4.090 . . . The Florida Supreme Court adopted a “plain meaning” interpretation of section 120.60(6) and rule 17-4.090 . . . Thus, we hold that neither section 120.60(6) nor rule 17-4.090(1) operates to extend the expiration date . . .
. . . We affirm, finding that the appealed order does not violate subsections 120.54(9) and 120.60(8), Florida . . . The controlling statutory provisions are subsections 120.60(8) and 120.54(9)(a), Florida Statutes (1993 . . .
. . . Under Florida Statutes section 120.60(2), an application must be granted or denied within 90 days, a . . .
. . . The Florida statute which addresses the continuation of expiring licenses is section 120.60(6), Florida . . . If anything, the legislative history of section 120.60 favors LEAF’S position because a prior version . . . is court review of the Department’s final agency action, until a later date is required by Section 120.60 . . . Thus, we hold that neither section 120.60(6) nor rule 17-4.090(1) operates to extend the expiration date . . . Section 120.60(6) provides: When a licensee has made timely and sufficient application for the renewal . . .
. . . because the Board failed to approve or deny her application within ninety days as required by section 120.60 . . . Section 120.60(2) requires an agency to act on a completed application for licen-sure within ninety days . . . date her application was complete; thus, her license “shall be deemed approved” pursuant to section 120.60 . . . We need not reach this issue since we have determined that the Board failed to comply with section 120.60 . . . registered interior designer, her application having been “deemed approved” by operation of section 120.60 . . .
. . . notice of permit denial on the ground that he was entitled to a default permit by operation of sections 120.60 . . . the permit application, appellant is entitled to the issuance of a default permit pursuant to section 120.60 . . .
. . . Fla.Stat.Ann. § 120.60(6) (West Supp.1993) (emphasis added). . . . LEAF points to the legislative history of section 120.60(6) for support of its position. . . . 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 . . . Therefore, LEAF contends that the FDER’s interpretation of Fla.Stat.Ann. § 120.60(6) is not entitled . . .
. . . serious danger to the public health, safety, and welfare as required by sections 120.54(9)(a)3 and 120.60 . . .
. . . See § 120.60(7), Florida Statutes (1991). . . .
. . . procedure to be followed by an agency in considering a license application is established in section 120.60 . . .
. . . “Licensing” (permitting) is the subject of a separate section (§ 120.60) of the Administrative Procedure . . . Section 120.60(1) specifically provides that licensing (the process) “is subject to the provisions of . . .
. . . I, § 120.60. . . . .
. . . See, e.g., § 120.60(2), Fla.Stat. (1991). . . .
. . . The applicable notice requirements appear in section 120.60(7), Florida Statutes (Supp.1990), which provides . . . DPR acted with due diligence to determine whether personal service could be made, pursuant to section 120.60 . . . See section 120.60(7), Florida Statutes (Supp.1990). Rehearing was denied. Id. at 728. . . . Accordingly, Appellee failed to satisfy the requirements of section 120.60(7), Florida Statutes (Supp . . .
. . . Notwithstanding any provision of s. 120.60, the department may publish or by rule require the applicant . . . The 90-day time period specified in s. 120.60(2) shall be tolled by the request of the department for . . . petition is filed for a proceeding pursuant to s. 120.57, the time periods and tolling provisions of s. 120.60 . . .
. . . Thus, what the petitioners seek is license revocation pursuant to Section 120.60, Florida Statutes. . . .
. . . CDC claims it has a right to the issuance of a default permit pursuant to section 120.60(2), Florida . . . Thus, CDC did not have a clear right to a default permit under section 120.60(2). . . .
. . . by endorsement, arguing that their licenses should have been deemed approved by operation of section 120.60 . . . Section 120.60(2), Florida Statutes, states that an application for licensure which is not timely acted . . . Section 120.60(2), Fla.Stat. (emphasis added). In World Bank v. . . . To hold otherwise would eviscerate the 180-day requirement of section 120.60(4)(c). . . . The board, thus, did not have authority under section 120.60(2), Florida Statutes, to add conditions . . .