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Florida Statute 120.60 | Lawyer Caselaw & Research
F.S. 120.60 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
F.S. 120.60
120.60 Licensing.
(1) Upon receipt of a license application, an agency shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information the agency is permitted by law to require. An agency may not deny a license for failure to correct an error or omission or to supply additional information unless the agency timely notified the applicant within this 30-day period. The agency may establish by rule the time period for submitting any additional information requested by the agency. For good cause shown, the agency shall grant a request for an extension of time for submitting the additional information. If the applicant believes the agency’s request for additional information is not authorized by law or rule, the agency, at the applicant’s request, shall proceed to process the application. An application is complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. An application for a license must be approved or denied within 90 days after receipt of a completed application unless a shorter period of time for agency action is provided by law. The 90-day time period is tolled by the initiation of a proceeding under ss. 120.569 and 120.57. Any application for a license which is not approved or denied within the 90-day or shorter time period, within 15 days after conclusion of a public hearing held on the application, or within 45 days after a recommended order is submitted to the agency and the parties, whichever action and timeframe is latest and applicable, is considered approved unless the recommended order recommends that the agency deny the license. Subject to the satisfactory completion of an examination if required as a prerequisite to licensure, any license that is considered approved shall be issued and may include such reasonable conditions as are authorized by law. Any applicant for licensure seeking to claim licensure by default under this subsection shall notify the agency clerk of the licensing agency, in writing, of the intent to rely upon the default license provision of this subsection, and may not take any action based upon the default license until after receipt of such notice by the agency clerk.
(2) If an applicant seeks a license for an activity that is exempt from licensure, the agency shall notify the applicant and return any tendered application fee within 30 days after receipt of the original application.
(3) Each applicant shall be given written notice, personally or by mail, that the agency intends to grant or deny, or has granted or denied, the application for license. The notice must state with particularity the grounds or basis for the issuance or denial of the license, except when issuance is a ministerial act. Unless waived, a copy of the notice shall be delivered or mailed to each party’s attorney of record and to each person who has made a written request for notice of agency action. Each notice must inform the recipient of the basis for the agency decision, inform the recipient of any administrative hearing pursuant to ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68 which may be available, indicate the procedure that must be followed, and state the applicable time limits. The issuing agency shall certify the date the notice was mailed or delivered, and the notice and the certification must be filed with the agency clerk.
(4) When a licensee has made timely and sufficient application for the renewal of a license which does not automatically expire by statute, the existing license shall not expire until the application for renewal has been finally acted upon by the agency or, in case the application is denied or the terms of the license are limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
(5) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the entry of a final order, the agency has served, by personal service or certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to ss. 120.569 and 120.57. When personal service cannot be made and the certified mail notice is returned undelivered, the agency shall cause a short, plain notice to the licensee to be published once each week for 4 consecutive weeks in a newspaper published in the county of the licensee’s last known address as it appears on the records of the agency. If no newspaper is published in that county, the notice may be published in a newspaper of general circulation in that county.
(6) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restriction, or limitation of a license, the agency may take such action by any procedure that is fair under the circumstances if:
(a) The procedure provides at least the same procedural protection as is given by other statutes, the State Constitution, or the United States Constitution;
(b) The agency takes only that action necessary to protect the public interest under the emergency procedure; and
(c) The agency states in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances. The agency’s findings of immediate danger, necessity, and procedural fairness are judicially reviewable. Summary suspension, restriction, or limitation may be ordered, but a suspension or revocation proceeding pursuant to ss. 120.569 and 120.57 shall also be promptly instituted and acted upon.
(7) No agency shall include as a condition of approval of any license any provision that is based upon a statement, policy, or guideline of another agency unless the statement, policy, or guideline is within the jurisdiction of the other agency. The other agency shall identify for the licensing agency the specific legal authority for each such statement, policy, or guideline. The licensing agency must provide the licensee with an opportunity to challenge the condition as invalid. If the licensing agency bases a condition of approval or denial of the license upon the statement, policy, or guideline of the other agency, any party to an administrative proceeding that arises from the approval with conditions or denial of the license may require the other agency to join as a party in determining the validity of the condition.
History.s. 1, ch. 74-310; s. 10, ch. 76-131; s. 1, ch. 77-174; ss. 6, 9, ch. 77-453; s. 57, ch. 78-95; s. 8, ch. 78-425; s. 1, ch. 79-142; s. 6, ch. 79-299; s. 2, ch. 81-180; s. 6, ch. 84-203; s. 2, ch. 84-265; s. 1, ch. 85-82; s. 14, ch. 90-51; s. 762, ch. 95-147; s. 26, ch. 96-159; s. 326, ch. 96-410; s. 12, ch. 97-176; s. 7, ch. 2003-94; ss. 4, 5, ch. 2010-279; HJR 9-A, 2010 Special Session A; s. 10, ch. 2012-212.

F.S. 120.60 on Google Scholar

F.S. 120.60 on Casetext

Amendments to 120.60


Arrestable Offenses / Crimes under Fla. Stat. 120.60
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.60.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MILA ALF, LLC d b a v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 273 So. 3d 272 (Fla. App. Ct. 2019)

. . . 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) . . .

KRUSE, v. DEPARTMENT OF HEALTH In L. C. S. W., 270 So. 3d 475 (Fla. App. Ct. 2019)

. . . 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 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE- REGULAR- CYCLE REPORT., 256 So. 3d 1218 (Fla. 2018)

. . . non-final nonfinal action by an administrative law judge, and agency orders entered pursuant to section 120.60 . . .

VALLS, M. D. v. DEPARTMENT OF HEALTH,, 255 So. 3d 515 (Fla. App. Ct. 2018)

. . . 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 . . .

O. OMULEPU, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 249 So. 3d 1278 (Fla. App. Ct. 2018)

. . . Dep't of Ins. , 685 So.2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla. Stat.). . . .

REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 250 So. 3d 737 (Fla. App. Ct. 2018)

. . . 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. . . .

SANCHEZ, R. D. H. v. STATE DEPARTMENT OF HEALTH,, 225 So. 3d 964 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

LAWLER, III, v. STATE DEPARTMENT OF HEALTH,, 217 So. 3d 208 (Fla. Dist. Ct. App. 2017)

. . . Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla. Stat. (2016). . . .

UNITED STATES v. PATTERSON, Jr. a. k. a. Jr., 682 F. App'x 878 (11th Cir. 2017)

. . . Law § 120.60. . . . Law § 120.60. . . .

CITIZENS OF STATE v. GRAHAM,, 213 So. 3d 703 (Fla. 2017)

. . . Sections 120.57(l)(b) 9, 120.57(2)(a) 1 and 2, 120.60(2), 120.68. . . .

O. OMULEPU, M. D. v. STATE DEPARTMENT OF HEALTH,, 198 So. 3d 1046 (Fla. Dist. Ct. App. 2016)

. . . . § 120.60(6), Fla. Stat. (2015). . . . unishment for past behavior is properly the subject of an administrative complaint pursuant to section 120.60 . . .

WEBBER, v. STATE OF FLORIDA, DEPT. OF BUSINESS AND PROFESSIONAL REGULATION,, 198 So. 3d 922 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

SHANG, v. FLORIDA DEPARTMENT OF HEALTH,, 171 So. 3d 829 (Fla. Dist. Ct. App. 2015)

. . . Section 120.60(5), Florida Statutes (2013), permits service by publication in the county of the licensee . . .

SLAY, RN, v. STATE DEPARTMENT OF HEALTH,, 160 So. 3d 954 (Fla. Dist. Ct. App. 2015)

. . . Section 120.60(6), Florida Statutes, permits an emergency restriction of a license so long as “[t]he . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 183 So. 3d 245 (Fla. 2014)

. . . including non-final action by an administrative law judge, and agency orders entered pursuant to section 120.60 . . .

ALL SAINTS EARLY LEARNING AND COMMUNITY CARE CENTER, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 145 So. 3d 974 (Fla. Dist. Ct. App. 2014)

. . . Statutes, and the process due in these administrative proceedings is codified in sections 120.569, 120.57, 120.60 . . .

Dr. FAILER, v. STATE DEPARTMENT OF HEALTH,, 139 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . .” § 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 . . .

CHRISTIAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 161 So. 3d 416 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

A. BURTON, R. N. v. STATE DEPARTMENT OF HEALTH,, 116 So. 3d 1285 (Fla. Dist. Ct. App. 2013)

. . . .” § 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), . . .

SANDERS, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 118 So. 3d 899 (Fla. Dist. Ct. App. 2013)

. . . . § 120.60(5), Fla. Stat. . . .

DAVIS FAMILY DAY CARE HOME, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 117 So. 3d 464 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

HUNTER, v. DEPARTMENT OF FINANCIAL SERVICES,, 111 So. 3d 992 (Fla. Dist. Ct. App. 2013)

. . . We find that the ESO fails to meet the exacting standards of section 120.60(6), Florida Statutes, because . . .

P. NATH, A. P. v. STATE DEPARTMENT OF HEALTH,, 100 So. 3d 1273 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 84 So. 3d 192 (Fla. 2011)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 75 So. 3d 239 (Fla. 2011)

. . . 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 . . .

M. SCHIMENTI, v. SCHOOL BOARD OF HERNANDO COUNTY,, 73 So. 3d 831 (Fla. Dist. Ct. App. 2011)

. . . . § 120.60(5), Fla. . . .

D. MENDELSOHN, M. D. v. STATE DEPARTMENT OF HEALTH,, 68 So. 3d 965 (Fla. Dist. Ct. App. 2011)

. . . .” § 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 . . .

FT. MYERS REAL ESTATE HOLDINGS, LLC, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 53 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

. . . As required by section 120.60(3), the denial letter informed Appellant of its right to request an administrative . . .

L. KAPLAN, M. D. v. STATE DEPARTMENT OF HEALTH,, 45 So. 3d 19 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

UNITED STATES v. ALGEE,, 599 F.3d 506 (6th Cir. 2010)

. . . 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. . . .

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD, v. M. HARDEN,, 10 So. 3d 647 (Fla. Dist. Ct. App. 2009)

. . . Florida Statutes, because it is an agency statement of general applicability that implements section 120.60 . . .

J. MACHIELA, O. D. v. STATE DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY,, 995 So. 2d 1168 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

ALL STATE FLORIDIAN INSURANCE COMPANY v. OFFICE OF INSURANCE REGULATION,, 981 So. 2d 617 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

HESHMATI, M. D. v. DEPARTMENT OF HEALTH,, 983 So. 2d 632 (Fla. Dist. Ct. App. 2008)

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

HAINES, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 983 So. 2d 602 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

HENSON, D. O. v. DEPARTMENT OF HEALTH,, 967 So. 2d 404 (Fla. Dist. Ct. App. 2007)

. . . 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. . . .

ST. MICHAEL S ACADEMY, INC. v. STATE DEPARTMENT OF CHILDREN AND FAMILIES,, 965 So. 2d 169 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

STATE DEPARTMENT OF FINANCIAL SERVICES, v. MISTRETTA,, 946 So. 2d 79 (Fla. Dist. Ct. App. 2006)

. . . as an insurance agent “has been granted by operation of law” under the default provision of section 120.60 . . .

STATE DEPARTMENT OF FINANCIAL SERVICES, v. FUGETT, Sr., 946 So. 2d 80 (Fla. Dist. Ct. App. 2006)

. . . as an insurance agent “has been granted by operation of law” under the default provision of section 120.60 . . .

OAKCREST EARLY EDUCATION CENTER, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 936 So. 2d 1174 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

CASTILLO, v. STATE CONSTRUCTION INDUSTRY LICENSING BOARD,, 929 So. 2d 618 (Fla. Dist. Ct. App. 2006)

. . . Licensing Board [Board] has conceded error (failure to notify Castillo’s attorney as required by section 120.60 . . .

HENSON, D. O. M. D. v. DEPARTMENT OF HEALTH,, 922 So. 2d 376 (Fla. Dist. Ct. App. 2006)

. . . is “necessary to protect the public interest under the emergency procedure,” as required by section 120.60 . . .

BIO- MED PLUS, INC. v. STATE DEPARTMENT OF HEALTH,, 915 So. 2d 669 (Fla. Dist. Ct. App. 2005)

. . . 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). . . . .

BETHENCOURT- MIRANDA, M. D. v. STATE, DEPARTMENT OF HEALTH,, 910 So. 2d 927 (Fla. Dist. Ct. App. 2005)

. . . the emergency suspension order fails to set forth the factual findings that are required by section 120.60 . . .

UNITED STATES v. D. MILLER,, 382 F. Supp. 2d 350 (N.D.N.Y. 2005)

. . . Law § 120.60 (McKinney 2004). . . .

Dr. YALAMANCHI, v. DEPARTMENT OF HEALTH,, 909 So. 2d 395 (Fla. Dist. Ct. App. 2005)

. . . DCA 2005), we conclude that the Department’s factual allegations satisfy the requirements of section 120.60 . . .

G. TUTEN, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 906 So. 2d 1202 (Fla. Dist. Ct. App. 2005)

. . . the DEP and the South Florida Water Management District, this court held that pursuant to sections 120.60 . . .

A. FIELD, M. D. v. STATE, DEPARTMENT OF HEALTH,, 902 So. 2d 893 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

DAUBE, Jr. M. D. v. DEPARTMENT OF HEALTH,, 902 So. 2d 269 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

DAUBE, Jr. M. D. v. DEPARTMENT OF HEALTH,, 897 So. 2d 493 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 894 So. 2d 202 (Fla. 2005)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . 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 . . .

N. MOSES, D. C. v. FLORIDA DEPARTMENT OF HEALTH,, 878 So. 2d 1291 (Fla. Dist. Ct. App. 2004)

. . . See section 120.60(6), Florida Statutes (2003). . . .

LEVENSON, v. McCARTY,, 877 So. 2d 818 (Fla. Dist. Ct. App. 2004)

. . . . § 120.60(5)(2003)(emphasis added). . . .

M. VARGAS- LEON, M. D. v. STATE DEPARTMENT OF HEALTH,, 871 So. 2d 1035 (Fla. Dist. Ct. App. 2004)

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

PREFERRED RV, INC. v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES,, 869 So. 2d 713 (Fla. Dist. Ct. App. 2004)

. . . complaint and order of emergency suspension of its recreational vehicle dealer license pursuant to section 120.60 . . .

GOLFVIEW NURSING HOME, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 859 So. 2d 581 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

PREMIER TRAVEL INTERNATIONAL, INC. d b a d b a v. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 849 So. 2d 1132 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

PREMIER INTERNATIONAL TRAVEL, INC. v. H. BRONSON,, 843 So. 2d 294 (Fla. Dist. Ct. App. 2003)

. . . 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). . . .

SCOTT, v. DEPARTMENT OF STATE,, 828 So. 2d 1091 (Fla. Dist. Ct. App. 2002)

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

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 827 So. 2d 888 (Fla. 2002)

. . . 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 . . .

G. TUTEN, v. STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 819 So. 2d 187 (Fla. Dist. Ct. App. 2002)

. . . 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.” . . .

ARWAS, D. D. S. v. STATE, 815 So. 2d 712 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

HAMRIC, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 814 So. 2d 506 (Fla. Dist. Ct. App. 2002)

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

UNITED STATES L. HUMPHREY, v. FRANKLIN- WILLIAMSON HUMAN SERVICES, INC., 189 F. Supp. 2d 862 (S.D. Ill. 2002)

. . . 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). . . .

VICHICH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 799 So. 2d 1069 (Fla. Dist. Ct. App. 2001)

. . . this revocation, the DHSMV also opines that it did not have to comply with the provisions of section 120.60 . . .

SOUTH BROWARD HOSPITAL DISTRICT d b a s v. Dr. G. BROOKS,, 799 So. 2d 280 (Fla. Dist. Ct. App. 2001)

. . . 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. . . .

J. BROYLES, M. D. v. STATE DEPARTMENT OF HEALTH,, 776 So. 2d 340 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

FLORIDA ACADEMY OF COSMETIC SURGERY, INC. v. STATE DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 771 So. 2d 602 (Fla. Dist. Ct. App. 2000)

. . . Stat. (2000), because of respondent’s failure to comply with the time requirements of section 120.60( . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 780 So. 2d 834 (Fla. 2000)

. . . 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 . . .

UNITED STATES J. MERENA, v. SMITHKLINE BEECHAM CORPORATION, W. Jr. v. J. v., 114 F. Supp. 2d 352 (E.D. Pa. 2000)

. . . This award amounts to the sum of $24,128,-120.60. This is not the end of the inquiry. . . .

E. TUCKER, v. COUNTY OF JEFFERSON, A. A. C. F. E. a. m. a a s a a a, 110 F. Supp. 2d 117 (N.D.N.Y. 2000)

. . . See N.Y.Crim.Proc.Law §§ 120.70(2)(b), 120.60; see also Titus v. . . .

C. CHERRY, v. CHAMPION INTERNATIONAL CORPORATION,, 186 F.3d 442 (4th Cir. 1999)

. . . Champion for deposition transcription costs in the amount of $2,353.18 and copying costs in the amount of $120.60 . . .

A. KOTZ, M. D. v. FLORIDA,, 33 F. Supp. 2d 1019 (M.D. Fla. 1998)

. . . Finally, the Plaintiff asserts that the Defendants have violated Florida Statutes Section 120.60 which . . . Ann. § 120.60(3). . . .

F. PHILLIPS, Ph. D. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 737 So. 2d 553 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

PERRY, v. D. WEST, Jr., 11 Vet. App. 319 (Vet. App. 1998)

. . . 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 . . .

RIVERA, Jr. v. T. P. HORTON C. O. D. A. C. O. T. E., 7 F. Supp. 2d 147 (N.D.N.Y. 1998)

. . . : Ruth Early, $111.30; (Captain) Edgardo Artuz, $217.90; Pedro Quinones, $222.60; Virginia Winnie, $120.60 . . .

SILVER SHOW INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OF STATE OF FLORIDA, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 763 So. 2d 348 (Fla. Dist. Ct. App. 1998)

. . . Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997). . . .

SILVER SHOW, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OF STATE OF FLORIDA, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 706 So. 2d 386 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

COTTRILL, v. DEPARTMENT OF INSURANCE,, 685 So. 2d 1371 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

K. CUNNINGHAM, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 677 So. 2d 61 (Fla. Dist. Ct. App. 1996)

. . . .” §§ 120.60(8) & 120.54(9), Fla. Stat. (1995). Under this standard, Dr. . . .

SANCHEZ, M. D. v. STATE, AGENCY FOR HEALTH CARE ADMINISTRATION,, 662 So. 2d 986 (Fla. Dist. Ct. App. 1995)

. . . Contrary to Petitioner’s arguments, we conclude that AHCA complied with sections 120.54(9) and 120.60 . . .

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. v. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,, 61 F.3d 25 (11th Cir. 1995)

. . . 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 . . .

WHITE CONSTRUCTION COMPANY, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 651 So. 2d 1302 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

OSBORNE STERN AND COMPANY, INC. W. v. DEPARTMENT OF BANKING AND FINANCE, DIVISION OF SECURITIES AND INVESTOR PROTECTION,, 647 So. 2d 245 (Fla. Dist. Ct. App. 1994)

. . . Under Florida Statutes section 120.60(2), an application must be granted or denied within 90 days, a . . .

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. v. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY,, 642 So. 2d 1081 (Fla. 1994)

. . . 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 . . .

JOHNSON, v. BOARD OF ARCHITECTURE AND INTERIOR DESIGN, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 634 So. 2d 666 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

I. G. FONTE, Jr. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 634 So. 2d 663 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. v. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,, 10 F.3d 1579 (11th Cir. 1994)

. . . 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 . . .

WOLF, v. GALLAGHER,, 629 So. 2d 1066 (Fla. Dist. Ct. App. 1994)

. . . serious danger to the public health, safety, and welfare as required by sections 120.54(9)(a)3 and 120.60 . . .

FLORIDA INTEREXCHANGE CARRIERS ASSOCIATION, v. M. BEARD,, 624 So. 2d 248 (Fla. 1993)

. . . See § 120.60(7), Florida Statutes (1991). . . .

Dr. SHAPIRO, v. STATE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PSYCHOLOGICAL EXAMINERS,, 623 So. 2d 1235 (Fla. Dist. Ct. App. 1993)

. . . procedure to be followed by an agency in considering a license application is established in section 120.60 . . .

SADDLEBROOK RESORTS, INC. v. WIREGRASS RANCH, INC., 630 So. 2d 1123 (Fla. Dist. Ct. App. 1993)

. . . “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 . . .

ROLOFF, R. v. W. SULLIVAN, R. L., 975 F.2d 333 (7th Cir. 1992)

. . . I, § 120.60. . . . .

CALIENTE PARTNERSHIP, a v. J. JOHNSTON,, 604 So. 2d 886 (Fla. Dist. Ct. App. 1992)

. . . See, e.g., § 120.60(2), Fla.Stat. (1991). . . .

Z. SCHRAM, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 603 So. 2d 1307 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

CITY OF LaBELLE, v. BIO- MED SERVICES, INC., 598 So. 2d 207 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

UNIVERSITY PSYCHIATRIC CENTER, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 597 So. 2d 400 (Fla. Dist. Ct. App. 1992)

. . . Thus, what the petitioners seek is license revocation pursuant to Section 120.60, Florida Statutes. . . .

COLLIER DEVELOPMENT CORPORATION, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF ADMINISTRATIVE HEARINGS,, 592 So. 2d 1107 (Fla. Dist. Ct. App. 1991)

. . . 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). . . .

KRAKOW, D. C. D. C. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF CHIROPRACTIC,, 586 So. 2d 1271 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .