March 24, 2019
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       Florida Senate - 2010                                    SB 2140
       
       
       
       By Senator Joyner
       
       
       
       
       18-00939D-10                                          20102140__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.54, F.S.; requiring an agency’s notice of rule
    4         development to indicate whether the rule may have an
    5         adverse impact on small businesses; requiring that the
    6         agency also notify the Small Business Regulatory
    7         Advisory Council if the rule may have an adverse
    8         impact; authorizing the council to propose regulatory
    9         alternatives to the agency within a specified period;
   10         requiring an agency to send a statement to the council
   11         and the Administrative Procedures Committee if the
   12         agency does not adopt the proposed alternatives;
   13         revising the duties of the Office of Program Policy
   14         Analysis and Government Accountability with respect to
   15         its review of proposed alternative rules; revising
   16         certain procedures for an agency in filing a rule for
   17         final adoption; amending s. 120.541, F.S.; conforming
   18         provisions to changes made by the act; revising
   19         provisions relating to an agency’s response to a
   20         proposal by a substantially affected person for a
   21         lower cost regulatory alternative to a proposed rule;
   22         revising the grounds for declaring a rule invalid due
   23         to the agency’s failure to prepare a statement of
   24         estimated regulatory costs; providing that a rule that
   25         imposes regulatory costs that could be reduced under
   26         certain circumstances may be declared invalid if
   27         certain requirements are not met; requiring that a
   28         rule impact analysis for small businesses include the
   29         agency’s basis for not implementing alternatives to a
   30         proposed rule; amending s. 120.56, F.S.; providing for
   31         revised statements of estimated regulatory costs as a
   32         basis for challenging a rule; amending s. 120.60,
   33         F.S.; authorizing an agency to provide by rule for the
   34         time period for submitting additional information
   35         needed for a license application; requiring that
   36         certain requests to receive notice relating to a
   37         license application be submitted in writing; providing
   38         an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Paragraph (a) of subsection (2) and paragraphs
   43  (a), (b), and (e) of subsection (3) of section 120.54, Florida
   44  Statutes, are amended to read:
   45         120.54 Rulemaking.—
   46         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
   47         (a) Except when the intended action is the repeal of a
   48  rule, agencies shall provide notice of the development of
   49  proposed rules by publication of a notice of rule development in
   50  the Florida Administrative Weekly before providing notice of the
   51  a proposed rule as required by paragraph (3)(a). The notice of
   52  rule development must shall indicate the subject area to be
   53  addressed by rule development, provide a short, plain
   54  explanation of the purpose and effect of the proposed rule, cite
   55  the specific legal authority for the proposed rule, indicate
   56  that the rule does not have or that it may have an adverse
   57  impact on small businesses and briefly describe that impact, and
   58  include the preliminary text of the proposed rule rules, if
   59  available, or a statement of how a person may promptly obtain,
   60  without cost, a copy of the any preliminary text draft, if
   61  available. If the rule being developed may have an adverse
   62  impact on small businesses, the notice must also be sent
   63  electronically or in writing to the Small Business Regulatory
   64  Advisory Council.
   65         (3) ADOPTION PROCEDURES.—
   66         (a) Notices.—
   67         1. Before Prior to the adoption, amendment, or repeal of
   68  any rule other than an emergency rule, an agency, upon approval
   69  of the agency head, shall give notice of its intended action,
   70  setting forth a short, plain explanation of the purpose and
   71  effect of the proposed action; the full text of the proposed
   72  rule or amendment and a summary thereof; a reference to the
   73  grant of rulemaking authority pursuant to which the rule is
   74  adopted; and a reference to the section or subsection of the
   75  Florida Statutes or the Laws of Florida being implemented or
   76  interpreted. The notice must include a summary of the agency’s
   77  statement of the estimated regulatory costs, if one has been
   78  prepared, based on the factors set forth in s. 120.541(2), and a
   79  statement that any person who wishes to provide the agency with
   80  information regarding the statement of estimated regulatory
   81  costs, or to provide a proposal for a lower cost regulatory
   82  alternative as provided by s. 120.541(1), must do so in writing
   83  within 21 days after publication of the notice. The notice must
   84  state the procedure for requesting a public hearing on the
   85  proposed rule. Except when the intended action is the repeal of
   86  a rule, the notice must include a reference both to the date on
   87  which and to the place where the notice of rule development
   88  which that is required under by subsection (2) appeared.
   89         2. The notice shall be published in the Florida
   90  Administrative Weekly at least not less than 28 days before
   91  prior to the intended action. The proposed rule must shall be
   92  available for inspection and copying by the public at the time
   93  of the publication of notice.
   94         3. The notice shall be mailed to all persons named in the
   95  proposed rule and to all persons who, at least 14 days before
   96  prior to such mailing, have made a request to requests of the
   97  agency for advance notice of its proceedings. The agency shall
   98  also give such notice, as is prescribed by rule, to those
   99  particular classes of persons to whom the intended action is
  100  directed.
  101         4. The adopting agency shall file with the committee, at
  102  least 21 days before prior to the proposed adoption date, a copy
  103  of each rule it proposes to adopt; a copy of any material
  104  incorporated by reference in the rule; a detailed written
  105  statement of the facts and circumstances justifying the proposed
  106  rule; a copy of any statement of estimated regulatory costs
  107  which that has been prepared pursuant to s. 120.541; a statement
  108  of the extent to which the proposed rule relates to federal
  109  standards or rules on the same subject; and the notice required
  110  by subparagraph 1.
  111         (b) Special matters to be considered in rule adoption.—
  112         1. Statement of estimated regulatory costs.—Before Prior to
  113  the adoption, amendment, or repeal of any rule other than an
  114  emergency rule, an agency is encouraged to prepare a statement
  115  of estimated regulatory costs of the proposed rule, as provided
  116  by s. 120.541. However, an agency must shall prepare a statement
  117  of estimated regulatory costs of the proposed rule, as provided
  118  by s. 120.541, if the proposed rule will have an adverse impact
  119  on small business.
  120         2. Small businesses, small counties, and small cities.—
  121         a. Each agency, before the adoption, amendment, or repeal
  122  of a rule, shall consider the impact of the rule on small
  123  businesses as defined by s. 288.703 and the impact of the rule
  124  on small counties or small cities as defined by s. 120.52. If
  125  Whenever practicable, an agency shall tier its rules to reduce
  126  disproportionate impacts on small businesses, small counties, or
  127  small cities to avoid regulating small businesses, small
  128  counties, or small cities that do not contribute significantly
  129  to the problem the rule is designed to address. An agency may
  130  define “small business” to include businesses employing more
  131  than 200 persons, may define “small county” to include those
  132  with populations of more than 75,000, and may define “small
  133  city” to include those with populations of more than 10,000, if
  134  it finds that such a definition is necessary to adapt a rule to
  135  the needs and problems of small businesses, small counties, or
  136  small cities. The agency shall consider each of the following
  137  methods for reducing the impact of the proposed rule on small
  138  businesses, small counties, and small cities, or any combination
  139  of these entities:
  140         (I) Establishing less stringent compliance or reporting
  141  requirements in the rule.
  142         (II) Establishing less stringent schedules or deadlines in
  143  the rule for compliance or reporting requirements.
  144         (III) Consolidating or simplifying the rule’s compliance or
  145  reporting requirements.
  146         (IV) Establishing performance standards or best management
  147  practices to replace design or operational standards in the
  148  rule.
  149         (V) Exempting small businesses, small counties, or small
  150  cities from any or all requirements of the rule.
  151         b.(I) If the agency determines that the proposed action
  152  will adversely impact affect small businesses as defined by the
  153  agency as provided in sub-subparagraph a., the agency shall send
  154  an electronic or written notice of the rule and a statement of
  155  the estimated regulatory costs of the proposed rule to the Small
  156  Business Regulatory Advisory Council and the Office of Tourism,
  157  Trade, and Economic Development, with a copy provided to the
  158  committee, at least 45 not less than 28 days before prior to the
  159  intended action.
  160         (I)(II)The council may propose regulatory alternatives to
  161  the agency, electronically or in writing, with a copy provided
  162  to the committee, within 44 days after the council’s receipt of
  163  the statement of estimated regulatory costs. The proposal may
  164  include the alternative of not adopting a rule if the proposal
  165  explains how the lower costs and objectives of the law will be
  166  achieved by not adopting a rule. The agency shall consider the
  167  proposed small business regulatory alternatives in a public
  168  hearing, revise its prior statement of estimated regulatory
  169  costs, if appropriate, and adopt the alternative or provide a
  170  statement of the reasons for rejecting the alternative in favor
  171  of the proposed rule. Each agency shall adopt those regulatory
  172  alternatives offered by the Small Business Regulatory Advisory
  173  Council and provided to the agency no later than 21 days after
  174  the council’s receipt of the written notice of the rule which it
  175  finds are feasible and consistent with the stated objectives of
  176  the proposed rule and which would reduce the impact on small
  177  businesses. If When regulatory alternatives are offered by the
  178  Small Business Regulatory Advisory council or the agency issues
  179  a revised statement of estimated regulatory costs, the time 90
  180  day period for filing the rule in subparagraph (e)2. is extended
  181  for 90 a period of 21 days.
  182         (II)(III) If an agency does not adopt all alternatives
  183  offered pursuant to this sub-subparagraph, it must shall, prior
  184  to rule adoption or amendment and pursuant to subparagraph
  185  (d)1., file a detailed electronic or written statement with the
  186  committee explaining the reasons for not adopting failure to
  187  adopt such alternatives before rule adoption or amendment and
  188  pursuant to subparagraph (d)1. Within 3 working days after of
  189  the filing of such notice, the agency shall send an electronic
  190  or written a copy of such notice to the Small Business
  191  Regulatory Advisory Council. The Small Business Regulatory
  192  Advisory council may make a request of the President of the
  193  Senate and the Speaker of the House of Representatives that the
  194  presiding officers direct the Office of Program Policy Analysis
  195  and Government Accountability to determine whether the rejected
  196  alternatives substantially accomplish the objectives of the law
  197  being implemented and reduce the adverse impact on small
  198  businesses business while meeting the stated objectives of the
  199  proposed rule. Within 60 days after the date of the directive
  200  from the presiding officers, the office of Program Policy
  201  Analysis and Government Accountability shall report its findings
  202  to the Administrative Procedures committee its findings as to
  203  whether an alternative reduces the impact on small business
  204  while meeting the stated objectives of the proposed rule. The
  205  office must, at a minimum, of Program Policy Analysis and
  206  Government Accountability shall consider the proposed rule, the
  207  economic impact statement, the written statement of the agency,
  208  the proposed alternatives, and any comment submitted during the
  209  comment period on the proposed rule. The office of Program
  210  Policy Analysis and Government Accountability shall submit a
  211  report of its findings and recommendations to the Governor, the
  212  President of the Senate, and the Speaker of the House of
  213  Representatives, and the committee. The Administrative
  214  Procedures committee shall report such findings to the agency,
  215  and the agency shall respond in writing to the Administrative
  216  Procedures committee if the office of Program Policy Analysis
  217  and Government Accountability found that a rejected the
  218  alternative substantially accomplishes the objectives of the law
  219  being implemented and reduces reduced the adverse impact on
  220  small businesses business while meeting the stated objectives of
  221  the proposed rule. If the agency does will not adopt the
  222  alternative, it must also provide a detailed written statement
  223  to the committee as to why it is not adopting will not adopt the
  224  alternative.
  225         (e) Filing for final adoption; effective date.—
  226         1. If the adopting agency is required to publish its rules
  227  in the Florida Administrative Code, the agency, upon approval of
  228  the agency head, shall file with the Department of State three
  229  certified copies of the rule it proposes to adopt; one copy of
  230  any material incorporated by reference in the rule, certified by
  231  the agency; a summary of the rule; a summary of any hearings
  232  held on the rule; and a detailed written statement of the facts
  233  and circumstances justifying the rule. Agencies not required to
  234  publish their rules in the Florida Administrative Code shall
  235  file one certified copy of the proposed rule, and the other
  236  material required by this subparagraph, in the office of the
  237  agency head, and such rules shall be open to the public.
  238         2. A rule may not be filed for adoption less than 28 days
  239  or more than 90 days after the notice required by paragraph (a),
  240  until 21 days after the notice of change required by paragraph
  241  (d), until 14 days after the final public hearing, until 45 21
  242  days after a statement of estimated regulatory costs or a
  243  revised statement of estimated regulatory costs has been
  244  prepared and made available as required under s. 120.541 has
  245  been provided to all persons who submitted a lower cost
  246  regulatory alternative and made available to the public, or
  247  until the administrative law judge has rendered a decision under
  248  s. 120.56(2), whichever applies. If a statement of estimated
  249  regulatory costs or a revised statement of estimated regulatory
  250  costs has been prepared and made available as provided in s.
  251  120.541(1)(d), the period during which a rule may be filed for
  252  adoption is extended to 45 days after the statement has been
  253  made available. If When a required notice of change is published
  254  before prior to the expiration of the time for filing to file
  255  the rule for adoption has expired, the period during which a
  256  rule must be filed for adoption is extended to 45 days after the
  257  date of publication. If notice of a public hearing is published
  258  before prior to the expiration of the time for filing to file
  259  the rule for adoption has expired, the period during which a
  260  rule must be filed for adoption is extended to 45 days after
  261  adjournment of the final hearing on the rule, 21 days after
  262  receipt of all material authorized to be submitted at the
  263  hearing, or 21 days after receipt of the transcript, if one is
  264  made, whichever is latest. The term “public hearing” includes
  265  any public meeting held by any agency at which the rule is
  266  considered. If a petition for an administrative determination
  267  under s. 120.56(2) is filed, the period during which a rule must
  268  be filed for adoption is extended to 60 days after the
  269  administrative law judge files the final order with the clerk or
  270  until 60 days after subsequent judicial review is complete.
  271         3. At the time a rule is filed, the agency shall certify
  272  that the time limitations prescribed by this paragraph have been
  273  complied with, that all statutory rulemaking requirements have
  274  been met, and that there is no administrative determination
  275  pending on the rule.
  276         4. At the time a rule is filed, the committee shall certify
  277  whether the agency has responded in writing to all material and
  278  timely written comments or written inquiries made on behalf of
  279  the committee. The Department of State shall reject any rule
  280  that is not filed within the prescribed time limits; that does
  281  not comply with all statutory rulemaking requirements and rules
  282  of the department; upon which an agency has not responded in
  283  writing to all material and timely written inquiries or written
  284  comments; upon which an administrative determination is pending;
  285  or which does not include a statement of estimated regulatory
  286  costs, if required.
  287         5. If a rule has not been adopted within the time limits
  288  imposed by this paragraph or has not been adopted in compliance
  289  with all statutory rulemaking requirements, the agency proposing
  290  the rule shall withdraw the rule and give notice of its action
  291  in the next available issue of the Florida Administrative
  292  Weekly.
  293         6. The proposed rule shall be adopted on being filed with
  294  the Department of State and become effective 20 days after being
  295  filed, on a later date specified in the notice required by
  296  subparagraph (a)1., or on a date required by statute. Rules not
  297  required to be filed with the Department of State are shall
  298  become effective when adopted by the agency head or on a later
  299  date specified by rule or statute. If the committee notifies an
  300  agency that an objection to a rule is being considered, the
  301  agency may postpone the adoption of the rule to accommodate
  302  review of the rule by the committee. If When an agency postpones
  303  adoption of a rule to accommodate committee review by the
  304  committee, the 90-day period for filing the rule is tolled until
  305  the committee notifies the agency that it has completed its
  306  review of the rule.
  307  
  308  For the purposes of this paragraph, the term “administrative
  309  determination” does not include subsequent judicial review.
  310         Section 2. Subsection (1) and paragraphs (d) and (f) of
  311  subsection (2) of section 120.541, Florida Statutes, are amended
  312  to read:
  313         120.541 Statement of estimated regulatory costs.—
  314         (1)(a) A substantially affected person, Within 21 days
  315  after publication of the notice required provided under s.
  316  120.54(3)(a), a substantially affected person may submit to an
  317  agency a good faith written proposal for a lower cost regulatory
  318  alternative to a proposed rule which substantially accomplishes
  319  the objectives of the law being implemented. The proposal may
  320  include the alternative of not adopting any rule if, so long as
  321  the proposal explains how the lower costs and objectives of the
  322  law will be achieved by not adopting any rule. If such a
  323  proposal is submitted, the time period for filing the rule under
  324  s. 120.54(3)(e)2. 90-day period for filing the rule is extended
  325  90 21 days.
  326         (b) Upon the submission of the lower cost regulatory
  327  alternative, the agency shall prepare a statement of estimated
  328  regulatory costs as provided in subsection (2), or shall revise
  329  its prior statement of estimated regulatory costs, and either
  330  adopt the alternative or provide give a statement of the reasons
  331  for rejecting the alternative in favor of the proposed rule. The
  332  failure of the agency to prepare or revise the statement of
  333  estimated regulatory costs as provided in this paragraph is a
  334  material failure to follow the applicable rulemaking procedures
  335  or requirements set forth in this chapter. An agency required to
  336  prepare or revise a statement of estimated regulatory costs as
  337  provided in this paragraph shall make it available to the person
  338  who submits the lower cost regulatory alternative and to the
  339  public prior to filing the rule for adoption.
  340         (b) If a proposed rule will have an adverse impact on small
  341  businesses, the agency shall prepare a statement of estimated
  342  regulatory costs as required by s. 120.54(3)(b).
  343         (c) The agency shall revise a statement of estimated
  344  regulatory costs if any change to the rule made under s.
  345  120.54(3)(d) increases the regulatory costs of the rule.
  346         (d) At least 45 days before filing the rule for adoption,
  347  an agency that is required to prepare or revise a statement of
  348  estimated regulatory costs shall provide the statement to the
  349  person who submitted the lower cost regulatory alternative and
  350  to the committee, and provide notice on the agency’s website
  351  that it is available to the public.
  352         (e) The failure of the agency to prepare or revise the
  353  statement of estimated regulatory costs as provided in this
  354  subsection is a material failure to follow the applicable
  355  rulemaking procedures or requirements set forth in this chapter.
  356         (f)(c)A rule that is challenged pursuant to s.
  357  120.52(8)(a) because of the failure to prepare or revise the No
  358  rule shall be declared invalid because it imposes regulatory
  359  costs on the regulated person, county, or city which could be
  360  reduced by the adoption of less costly alternatives that
  361  substantially accomplish the statutory objectives, and no rule
  362  shall be declared invalid based upon a challenge to the agency’s
  363  statement of estimated regulatory costs may not be declared
  364  invalid, unless:
  365         1. The issue is raised in an administrative proceeding
  366  within 1 year after the effective date of the rule; and
  367         2. The agency’s failure to prepare or revise the statement
  368  of estimated regulatory costs materially affects the substantial
  369  interests of the person challenging the agency. The substantial
  370  interests of the person challenging the agency’s rejection of,
  371  or failure to consider, the lower cost regulatory alternative
  372  are materially affected by the rejection; and
  373         3.a.The agency has failed to prepare or revise the
  374  statement of estimated regulatory costs as required by paragraph
  375  (b); or
  376         b.the challenge is to the agency’s rejection under
  377  paragraph (b) of a lower cost regulatory alternative submitted
  378  under paragraph (a).
  379         (g) A rule that is challenged by a substantially affected
  380  person pursuant to s. 120.52(8)(f) because the rule imposes
  381  regulatory costs on the regulated person, county, or city which
  382  could be reduced by the adoption of less costly alternatives
  383  that substantially accomplish the statutory objectives may not
  384  be declared invalid unless:
  385         1. The issue is raised in an administrative proceeding
  386  within 1 year after the effective date of the rule;
  387         2. The challenge is to the agency’s rejection of a lower
  388  cost regulatory alternative offered under paragraph (a) or s.
  389  120.54(3)(b)2.b.; and
  390         3. The substantial interests of the person challenging the
  391  agency are materially affected by the rejection.
  392         (2) A statement of estimated regulatory costs shall
  393  include:
  394         (d) An analysis of the impact on small businesses as
  395  defined by s. 288.703, and an analysis of the impact on small
  396  counties and small cities as defined in by s. 120.52. The impact
  397  analysis for small businesses must include the basis for the
  398  agency’s decision not to implement alternatives that would
  399  reduce adverse impacts on small businesses.
  400         (f) In the statement or revised statement, whichever
  401  applies, a description of any regulatory alternatives good faith
  402  written proposal submitted under paragraph (1)(a) and either a
  403  statement adopting the alternative or a statement of the reasons
  404  for rejecting the alternative in favor of the proposed rule.
  405         Section 3. Paragraph (a) of subsection (2) and paragraph
  406  (d) of subsection (4) of section 120.56, Florida Statutes, are
  407  amended to read:
  408         120.56 Challenges to rules.—
  409         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
  410         (a) A Any substantially affected person may seek an
  411  administrative determination of the invalidity of a any proposed
  412  rule by filing a petition seeking such a determination with the
  413  division within 21 days after the date of publication of the
  414  notice required by s. 120.54(3)(a);, within 10 days after the
  415  final public hearing is held on the proposed rule as provided by
  416  s. 120.54(3)(e)2.;, within 44 20 days after the statement of
  417  estimated regulatory costs or revised statement of estimated
  418  regulatory costs, if applicable, has been prepared and made
  419  available as provided in s. 120.541(1)(d); required pursuant to
  420  s. 120.541, if applicable, has been provided to all persons who
  421  submitted a lower cost regulatory alternative and made available
  422  to the public, or within 20 days after the date of publication
  423  of the notice required by s. 120.54(3)(d). The petition must
  424  shall state with particularity the objections to the proposed
  425  rule and the reasons that the proposed rule is an invalid
  426  exercise of delegated legislative authority. The petitioner has
  427  the burden of going forward. The agency then has the burden to
  428  prove by a preponderance of the evidence that the proposed rule
  429  is not an invalid exercise of delegated legislative authority as
  430  to the objections raised. A Any person who is substantially
  431  affected by a change in the proposed rule may seek a
  432  determination of the validity of such change. A Any person who
  433  is not substantially affected by the proposed rule as initially
  434  noticed, but who is substantially affected by the rule as a
  435  result of a change, may challenge any provision of the rule and
  436  is not limited to challenging the change to the proposed rule.
  437         (4) CHALLENGING AGENCY STATEMENTS DEFINED AS RULES; SPECIAL
  438  PROVISIONS.—
  439         (d) If an administrative law judge enters a final order
  440  that all or part of an agency statement violates s.
  441  120.54(1)(a), the agency must shall immediately discontinue all
  442  reliance upon the statement or any substantially similar
  443  statement as a basis for agency action. This paragraph shall not
  444  be construed to impair the obligation of contracts existing at
  445  the time the final order is entered.
  446         Section 4. Subsections (1) and (3) of section 120.60,
  447  Florida Statutes, are amended to read:
  448         120.60 Licensing.—
  449         (1) Upon receipt of an application for a license
  450  application, an agency shall examine the application and, within
  451  30 days after such receipt, notify the applicant of any apparent
  452  errors or omissions and request any additional information the
  453  agency is permitted by law to require. An agency may shall not
  454  deny a license for failure to correct an error or omission or to
  455  supply additional information unless the agency timely notified
  456  the applicant within this 30-day period. The agency may
  457  establish by rule the time period for submitting any additional
  458  information requested by the agency. For good cause shown, the
  459  agency shall grant a request for an extension of time for
  460  submitting the additional information. If the applicant believes
  461  the agency’s request for additional information is not
  462  authorized by law or rule, the agency, at the applicant’s
  463  request, shall proceed to process the application. An
  464  application is shall be considered complete upon receipt of all
  465  requested information and correction of any error or omission
  466  for which the applicant was timely notified or when the time for
  467  such notification has expired. An Every application for a
  468  license must shall be approved or denied within 90 days after
  469  receipt of a completed application unless a shorter period of
  470  time for agency action is provided by law. The 90-day time
  471  period is shall be tolled by the initiation of a proceeding
  472  under ss. 120.569 and 120.57. Any application for a license
  473  which that is not approved or denied within the 90-day or
  474  shorter time period, within 15 days after conclusion of a public
  475  hearing held on the application, or within 45 days after a
  476  recommended order is submitted to the agency and the parties,
  477  whichever action and timeframe is latest and applicable, is
  478  considered approved unless the recommended order recommends that
  479  the agency deny the license. Subject to the satisfactory
  480  completion of an examination if required as a prerequisite to
  481  licensure, any license that is considered approved shall be
  482  issued and may include such reasonable conditions as are
  483  authorized by law. Any applicant for licensure seeking to claim
  484  licensure by default under this subsection shall notify the
  485  agency clerk of the licensing agency, in writing, of the intent
  486  to rely upon the default license provision of this subsection,
  487  and may shall not take any action based upon the default license
  488  until after receipt of such notice by the agency clerk.
  489         (3) Each applicant shall be given written notice, either
  490  personally or by mail, that the agency intends to grant or deny,
  491  or has granted or denied, the application for license. The
  492  notice must state with particularity the grounds or basis for
  493  the issuance or denial of the license, except when issuance is a
  494  ministerial act. Unless waived, a copy of the notice shall be
  495  delivered or mailed to each party’s attorney of record and to
  496  each person who has made a written request for requested notice
  497  of agency action. Each notice must shall inform the recipient of
  498  the basis for the agency decision, shall inform the recipient of
  499  any administrative hearing pursuant to ss. 120.569 and 120.57 or
  500  judicial review pursuant to s. 120.68 which may be available,
  501  shall indicate the procedure that which must be followed, and
  502  shall state the applicable time limits. The issuing agency shall
  503  certify the date the notice was mailed or delivered, and the
  504  notice and the certification must shall be filed with the agency
  505  clerk.
  506         Section 5. This act shall take effect July 1, 2010.

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