October 20, 2019
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       CS for SB 2140                                   First Engrossed
       
       
       
       
       
       
       
       
       20102140e1
       
    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 or to respond to a written
   25         lower cost regulatory alternative; providing that a
   26         rule that imposes regulatory costs that could be
   27         reduced under certain circumstances may be declared
   28         invalid if certain requirements are not met; requiring
   29         that a rule impact analysis for small businesses
   30         include the agency’s basis for not implementing
   31         alternatives to a proposed rule; amending s. 120.56,
   32         F.S.; providing for revised statements of estimated
   33         regulatory costs as a basis for challenging a rule;
   34         amending s. 120.60, F.S.; authorizing an agency to
   35         provide by rule for the time period for submitting
   36         additional information needed for a license
   37         application; requiring that certain requests to
   38         receive notice relating to a license application be
   39         submitted in writing; providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Paragraph (a) of subsection (2) and paragraphs
   44  (a), (b), and (e) of subsection (3) of section 120.54, Florida
   45  Statutes, are amended to read:
   46         120.54 Rulemaking.—
   47         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
   48         (a) Except when the intended action is the repeal of a
   49  rule, agencies shall provide notice of the development of
   50  proposed rules by publication of a notice of rule development in
   51  the Florida Administrative Weekly before providing notice of the
   52  a proposed rule as required by paragraph (3)(a). The notice of
   53  rule development must shall indicate the subject area to be
   54  addressed by rule development, provide a short, plain
   55  explanation of the purpose and effect of the proposed rule, cite
   56  the specific legal authority for the proposed rule, indicate
   57  that the rule does not have or that it may have an adverse
   58  impact on small businesses and briefly describe that impact, and
   59  include the preliminary text of the proposed rule rules, if
   60  available, or a statement of how a person may promptly obtain,
   61  without cost, a copy of the any preliminary text draft, if
   62  available. If the rule being developed may have an adverse
   63  impact on small businesses, the notice must also be sent
   64  electronically or in writing to the Small Business Regulatory
   65  Advisory Council.
   66         (3) ADOPTION PROCEDURES.—
   67         (a) Notices.—
   68         1. Before Prior to the adoption, amendment, or repeal of
   69  any rule other than an emergency rule, an agency, upon approval
   70  of the agency head, shall give notice of its intended action,
   71  setting forth a short, plain explanation of the purpose and
   72  effect of the proposed action; the full text of the proposed
   73  rule or amendment and a summary thereof; a reference to the
   74  grant of rulemaking authority pursuant to which the rule is
   75  adopted; and a reference to the section or subsection of the
   76  Florida Statutes or the Laws of Florida being implemented or
   77  interpreted. The notice must include a summary of the agency’s
   78  statement of the estimated regulatory costs, if one has been
   79  prepared, based on the factors set forth in s. 120.541(2), and a
   80  statement that any person who wishes to provide the agency with
   81  information regarding the statement of estimated regulatory
   82  costs, or to provide a proposal for a lower cost regulatory
   83  alternative as provided by s. 120.541(1), must do so in writing
   84  within 21 days after publication of the notice. The notice must
   85  state the procedure for requesting a public hearing on the
   86  proposed rule. Except when the intended action is the repeal of
   87  a rule, the notice must include a reference both to the date on
   88  which and to the place where the notice of rule development
   89  which that is required under by subsection (2) appeared.
   90         2. The notice shall be published in the Florida
   91  Administrative Weekly at least not less than 28 days before
   92  prior to the intended action. The proposed rule must shall be
   93  available for inspection and copying by the public at the time
   94  of the publication of notice.
   95         3. The notice shall be mailed to all persons named in the
   96  proposed rule and to all persons who, at least 14 days before
   97  prior to such mailing, have made a request to requests of the
   98  agency for advance notice of its proceedings. The agency shall
   99  also give such notice, as is prescribed by rule, to those
  100  particular classes of persons to whom the intended action is
  101  directed.
  102         4. The adopting agency shall file with the committee, at
  103  least 21 days before prior to the proposed adoption date, a copy
  104  of each rule it proposes to adopt; a copy of any material
  105  incorporated by reference in the rule; a detailed written
  106  statement of the facts and circumstances justifying the proposed
  107  rule; a copy of any statement of estimated regulatory costs
  108  which that has been prepared pursuant to s. 120.541; a statement
  109  of the extent to which the proposed rule relates to federal
  110  standards or rules on the same subject; and the notice required
  111  by subparagraph 1.
  112         (b) Special matters to be considered in rule adoption.—
  113         1. Statement of estimated regulatory costs.—Before Prior to
  114  the adoption, amendment, or repeal of any rule other than an
  115  emergency rule, an agency is encouraged to prepare a statement
  116  of estimated regulatory costs of the proposed rule, as provided
  117  by s. 120.541. However, an agency must shall prepare a statement
  118  of estimated regulatory costs of the proposed rule, as provided
  119  by s. 120.541, if the proposed rule will have an adverse impact
  120  on small business.
  121         2. Small businesses, small counties, and small cities.—
  122         a. Each agency, before the adoption, amendment, or repeal
  123  of a rule, shall consider the impact of the rule on small
  124  businesses as defined by s. 288.703 and the impact of the rule
  125  on small counties or small cities as defined by s. 120.52. If
  126  Whenever practicable, an agency shall tier its rules to reduce
  127  disproportionate impacts on small businesses, small counties, or
  128  small cities to avoid regulating small businesses, small
  129  counties, or small cities that do not contribute significantly
  130  to the problem the rule is designed to address. An agency may
  131  define “small business” to include businesses employing more
  132  than 200 persons, may define “small county” to include those
  133  with populations of more than 75,000, and may define “small
  134  city” to include those with populations of more than 10,000, if
  135  it finds that such a definition is necessary to adapt a rule to
  136  the needs and problems of small businesses, small counties, or
  137  small cities. The agency shall consider each of the following
  138  methods for reducing the impact of the proposed rule on small
  139  businesses, small counties, and small cities, or any combination
  140  of these entities:
  141         (I) Establishing less stringent compliance or reporting
  142  requirements in the rule.
  143         (II) Establishing less stringent schedules or deadlines in
  144  the rule for compliance or reporting requirements.
  145         (III) Consolidating or simplifying the rule’s compliance or
  146  reporting requirements.
  147         (IV) Establishing performance standards or best management
  148  practices to replace design or operational standards in the
  149  rule.
  150         (V) Exempting small businesses, small counties, or small
  151  cities from any or all requirements of the rule.
  152         b.(I) If the agency determines that the proposed action
  153  will adversely impact affect small businesses as defined by the
  154  agency as provided in sub-subparagraph a., the agency shall send
  155  an electronic or written notice of the rule and a statement of
  156  the estimated regulatory costs of the proposed rule to the Small
  157  Business Regulatory Advisory Council and the Office of Tourism,
  158  Trade, and Economic Development, with a copy provided to the
  159  committee, at least 45 not less than 28 days before prior to the
  160  intended action.
  161         (I)(II)The council may propose regulatory alternatives to
  162  the agency, electronically or in writing, with a copy provided
  163  to the committee, within 44 days after the council’s receipt of
  164  the statement of estimated regulatory costs. The proposal may
  165  include the alternative of not adopting a rule if the proposal
  166  explains how the lower costs and objectives of the law will be
  167  achieved by not adopting a rule. The agency shall consider the
  168  proposed small business regulatory alternatives in a public
  169  hearing, revise its prior statement of estimated regulatory
  170  costs, if appropriate, and adopt the alternative or provide a
  171  statement of the reasons for rejecting the alternative in favor
  172  of the proposed rule. Each agency shall adopt those regulatory
  173  alternatives offered by the Small Business Regulatory Advisory
  174  Council and provided to the agency no later than 21 days after
  175  the council’s receipt of the written notice of the rule which it
  176  finds are feasible and consistent with the stated objectives of
  177  the proposed rule and which would reduce the impact on small
  178  businesses. If When regulatory alternatives are offered by the
  179  Small Business Regulatory Advisory council or the agency issues
  180  a revised statement of estimated regulatory costs, the time 90
  181  day period for filing the rule in subparagraph (e)2. is extended
  182  for 45 a period of 21 days.
  183         (II)(III) If an agency does not adopt all alternatives
  184  offered pursuant to this sub-subparagraph, it must shall, prior
  185  to rule adoption or amendment and pursuant to subparagraph
  186  (d)1., file a detailed electronic or written statement with the
  187  committee explaining the reasons for not adopting failure to
  188  adopt such alternatives before rule adoption or amendment and
  189  pursuant to subparagraph (d)1. Within 3 working days after of
  190  the filing of such notice, the agency shall send an electronic
  191  or written a copy of such notice to the Small Business
  192  Regulatory Advisory Council. The Small Business Regulatory
  193  Advisory council may make a request of the President of the
  194  Senate and the Speaker of the House of Representatives that the
  195  presiding officers direct the Office of Program Policy Analysis
  196  and Government Accountability to determine whether the rejected
  197  alternatives substantially accomplish the objectives of the law
  198  being implemented and reduce the adverse impact on small
  199  businesses business while meeting the stated objectives of the
  200  proposed rule. Within 60 days after the date of the directive
  201  from the presiding officers, the office of Program Policy
  202  Analysis and Government Accountability shall report its findings
  203  to the Administrative Procedures committee its findings as to
  204  whether an alternative reduces the impact on small business
  205  while meeting the stated objectives of the proposed rule. The
  206  office must, at a minimum, of Program Policy Analysis and
  207  Government Accountability shall consider the proposed rule, the
  208  economic impact statement, the written statement of the agency,
  209  the proposed alternatives, and any comment submitted during the
  210  comment period on the proposed rule. The office of Program
  211  Policy Analysis and Government Accountability shall submit a
  212  report of its findings and recommendations to the Governor, the
  213  President of the Senate, and the Speaker of the House of
  214  Representatives, and the committee. The Administrative
  215  Procedures committee shall report such findings to the agency,
  216  and the agency shall respond in writing to the Administrative
  217  Procedures committee if the office of Program Policy Analysis
  218  and Government Accountability found that a rejected the
  219  alternative substantially accomplishes the objectives of the law
  220  being implemented and reduces reduced the adverse impact on
  221  small businesses business while meeting the stated objectives of
  222  the proposed rule. If the agency does will not adopt the
  223  alternative, it must also provide a detailed written statement
  224  to the committee as to why it is not adopting will not adopt the
  225  alternative.
  226         (e) Filing for final adoption; effective date.—
  227         1. If the adopting agency is required to publish its rules
  228  in the Florida Administrative Code, the agency, upon approval of
  229  the agency head, shall file with the Department of State three
  230  certified copies of the rule it proposes to adopt; one copy of
  231  any material incorporated by reference in the rule, certified by
  232  the agency; a summary of the rule; a summary of any hearings
  233  held on the rule; and a detailed written statement of the facts
  234  and circumstances justifying the rule. Agencies not required to
  235  publish their rules in the Florida Administrative Code shall
  236  file one certified copy of the proposed rule, and the other
  237  material required by this subparagraph, in the office of the
  238  agency head, and such rules shall be open to the public.
  239         2. A rule may not be filed for adoption less than 28 days
  240  or more than 90 days after the notice required by paragraph (a),
  241  until 21 days after the notice of change required by paragraph
  242  (d), until 14 days after the final public hearing, until 45 21
  243  days after a statement of estimated regulatory costs or a
  244  revised statement of estimated regulatory costs has been
  245  prepared and made available as required under s. 120.541 has
  246  been provided to all persons who submitted a lower cost
  247  regulatory alternative and made available to the public, or
  248  until the administrative law judge has rendered a decision under
  249  s. 120.56(2), whichever applies. If a statement of estimated
  250  regulatory costs or a revised statement of estimated regulatory
  251  costs has been prepared and made available as provided in s.
  252  120.541(1)(d), the period during which a rule may be filed for
  253  adoption is extended to 45 days after the statement has been
  254  made available. If When a required notice of change is published
  255  before prior to the expiration of the time for filing to file
  256  the rule for adoption has expired, the period during which a
  257  rule must be filed for adoption is extended to 45 days after the
  258  date of publication. If notice of a public hearing is published
  259  before prior to the expiration of the time for filing to file
  260  the rule for adoption has expired, the period during which a
  261  rule must be filed for adoption is extended to 45 days after
  262  adjournment of the final hearing on the rule, 21 days after
  263  receipt of all material authorized to be submitted at the
  264  hearing, or 21 days after receipt of the transcript, if one is
  265  made, whichever is latest. The term “public hearing” includes
  266  any public meeting held by any agency at which the rule is
  267  considered. If a petition for an administrative determination
  268  under s. 120.56(2) is filed, the period during which a rule must
  269  be filed for adoption is extended to 60 days after the
  270  administrative law judge files the final order with the clerk or
  271  until 60 days after subsequent judicial review is complete.
  272         3. At the time a rule is filed, the agency shall certify
  273  that the time limitations prescribed by this paragraph have been
  274  complied with, that all statutory rulemaking requirements have
  275  been met, and that there is no administrative determination
  276  pending on the rule.
  277         4. At the time a rule is filed, the committee shall certify
  278  whether the agency has responded in writing to all material and
  279  timely written comments or written inquiries made on behalf of
  280  the committee. The Department of State shall reject any rule
  281  that is not filed within the prescribed time limits; that does
  282  not comply with all statutory rulemaking requirements and rules
  283  of the department; upon which an agency has not responded in
  284  writing to all material and timely written inquiries or written
  285  comments; upon which an administrative determination is pending;
  286  or which does not include a statement of estimated regulatory
  287  costs, if required.
  288         5. If a rule has not been adopted within the time limits
  289  imposed by this paragraph or has not been adopted in compliance
  290  with all statutory rulemaking requirements, the agency proposing
  291  the rule shall withdraw the rule and give notice of its action
  292  in the next available issue of the Florida Administrative
  293  Weekly.
  294         6. The proposed rule shall be adopted on being filed with
  295  the Department of State and become effective 20 days after being
  296  filed, on a later date specified in the notice required by
  297  subparagraph (a)1., or on a date required by statute. Rules not
  298  required to be filed with the Department of State are shall
  299  become effective when adopted by the agency head or on a later
  300  date specified by rule or statute. If the committee notifies an
  301  agency that an objection to a rule is being considered, the
  302  agency may postpone the adoption of the rule to accommodate
  303  review of the rule by the committee. If When an agency postpones
  304  adoption of a rule to accommodate committee review by the
  305  committee, the 90-day period for filing the rule is tolled until
  306  the committee notifies the agency that it has completed its
  307  review of the rule.
  308  
  309  For the purposes of this paragraph, the term “administrative
  310  determination” does not include subsequent judicial review.
  311         Section 2. Subsection (1) and paragraphs (d) and (f) of
  312  subsection (2) of section 120.541, Florida Statutes, are amended
  313  to read:
  314         120.541 Statement of estimated regulatory costs.—
  315         (1)(a) A substantially affected person, Within 21 days
  316  after publication of the notice required provided under s.
  317  120.54(3)(a), a substantially affected person may submit to an
  318  agency a good faith written proposal for a lower cost regulatory
  319  alternative to a proposed rule which substantially accomplishes
  320  the objectives of the law being implemented. The proposal may
  321  include the alternative of not adopting any rule if, so long as
  322  the proposal explains how the lower costs and objectives of the
  323  law will be achieved by not adopting any rule. If such a
  324  proposal is submitted, the time period for filing the rule under
  325  s. 120.54(3)(e)2. 90-day period for filing the rule is extended
  326  45 21 days.
  327         (b) Upon the submission of the lower cost regulatory
  328  alternative, the agency shall prepare a statement of estimated
  329  regulatory costs as provided in subsection (2), or shall revise
  330  its prior statement of estimated regulatory costs, and either
  331  adopt the alternative or provide give a statement of the reasons
  332  for rejecting the alternative in favor of the proposed rule. The
  333  failure of the agency to prepare or revise the statement of
  334  estimated regulatory costs as provided in this paragraph is a
  335  material failure to follow the applicable rulemaking procedures
  336  or requirements set forth in this chapter. An agency required to
  337  prepare or revise a statement of estimated regulatory costs as
  338  provided in this paragraph shall make it available to the person
  339  who submits the lower cost regulatory alternative and to the
  340  public prior to filing the rule for adoption.
  341         (b) If a proposed rule will have an adverse impact on small
  342  businesses, the agency shall prepare a statement of estimated
  343  regulatory costs as required by s. 120.54(3)(b).
  344         (c) The agency shall revise a statement of estimated
  345  regulatory costs if any change to the rule made under s.
  346  120.54(3)(d) increases the regulatory costs of the rule.
  347         (d) At least 45 days before filing the rule for adoption,
  348  an agency that is required to prepare or revise a statement of
  349  estimated regulatory costs shall provide the statement to the
  350  person who submitted the lower cost regulatory alternative and
  351  to the committee, and provide notice on the agency’s website
  352  that it is available to the public.
  353         (e) Notwithstanding s. 120.56(1)(c), the failure of the
  354  agency to prepare a statement of estimated regulatory costs or
  355  to respond to a written lower cost regulatory alternative as
  356  provided in this subsection is a material failure to follow the
  357  applicable rulemaking procedures or requirements set forth in
  358  this chapter.
  359         (f)(c)An agency’s failure to prepare a statement of
  360  estimated regulatory costs or to respond to a written lower cost
  361  regulatory alternative may not be raised in a proceeding
  362  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  363  No rule shall be declared invalid because it imposes regulatory
  364  costs on the regulated person, county, or city which could be
  365  reduced by the adoption of less costly alternatives that
  366  substantially accomplish the statutory objectives, and no rule
  367  shall be declared invalid based upon a challenge to the agency’s
  368  statement of estimated regulatory costs, unless:
  369         1. The issue is Raised in a petition filed no later than an
  370  administrative proceeding within 1 year after the effective date
  371  of the rule; and
  372         2. Raised by a person whose substantial interests are
  373  affected by the rule’s regulatory costs. The substantial
  374  interests of the person challenging the agency’s rejection of,
  375  or failure to consider, the lower cost regulatory alternative
  376  are materially affected by the rejection; and
  377         3.a.The agency has failed to prepare or revise the
  378  statement of estimated regulatory costs as required by paragraph
  379  (b); or
  380         b.the challenge is to the agency’s rejection under
  381  paragraph (b) of a lower cost regulatory alternative submitted
  382  under paragraph (a).
  383         (g) A rule that is challenged by a substantially affected
  384  person pursuant to s. 120.52(8)(f) because the rule imposes
  385  regulatory costs on the regulated person, county, or city which
  386  could be reduced by the adoption of less costly alternatives
  387  that substantially accomplish the statutory objectives may not
  388  be declared invalid unless:
  389         1. The issue is raised in an administrative proceeding
  390  within 1 year after the effective date of the rule;
  391         2. The challenge is to the agency’s rejection of a lower
  392  cost regulatory alternative offered under paragraph (a) or s.
  393  120.54(3)(b)2.b.; and
  394         3. The substantial interests of the person challenging the
  395  agency are materially affected by the rejection.
  396         (2) A statement of estimated regulatory costs shall
  397  include:
  398         (d) An analysis of the impact on small businesses as
  399  defined by s. 288.703, and an analysis of the impact on small
  400  counties and small cities as defined in by s. 120.52. The impact
  401  analysis for small businesses must include the basis for the
  402  agency’s decision not to implement alternatives that would
  403  reduce adverse impacts on small businesses.
  404         (f) In the statement or revised statement, whichever
  405  applies, a description of any regulatory alternatives good faith
  406  written proposal submitted under paragraph (1)(a) and either a
  407  statement adopting the alternative or a statement of the reasons
  408  for rejecting the alternative in favor of the proposed rule.
  409         Section 3. Paragraph (a) of subsection (2) and paragraph
  410  (d) of subsection (4) of section 120.56, Florida Statutes, are
  411  amended to read:
  412         120.56 Challenges to rules.—
  413         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
  414         (a) A Any substantially affected person may seek an
  415  administrative determination of the invalidity of a any proposed
  416  rule by filing a petition seeking such a determination with the
  417  division within 21 days after the date of publication of the
  418  notice required by s. 120.54(3)(a);, within 10 days after the
  419  final public hearing is held on the proposed rule as provided by
  420  s. 120.54(3)(e)2.;, within 44 20 days after the statement of
  421  estimated regulatory costs or revised statement of estimated
  422  regulatory costs, if applicable, has been prepared and made
  423  available as provided in s. 120.541(1)(d); required pursuant to
  424  s. 120.541, if applicable, has been provided to all persons who
  425  submitted a lower cost regulatory alternative and made available
  426  to the public, or within 20 days after the date of publication
  427  of the notice required by s. 120.54(3)(d). The petition must
  428  shall state with particularity the objections to the proposed
  429  rule and the reasons that the proposed rule is an invalid
  430  exercise of delegated legislative authority. The petitioner has
  431  the burden of going forward. The agency then has the burden to
  432  prove by a preponderance of the evidence that the proposed rule
  433  is not an invalid exercise of delegated legislative authority as
  434  to the objections raised. A Any person who is substantially
  435  affected by a change in the proposed rule may seek a
  436  determination of the validity of such change. A Any person who
  437  is not substantially affected by the proposed rule as initially
  438  noticed, but who is substantially affected by the rule as a
  439  result of a change, may challenge any provision of the rule and
  440  is not limited to challenging the change to the proposed rule.
  441         (4) CHALLENGING AGENCY STATEMENTS DEFINED AS RULES; SPECIAL
  442  PROVISIONS.—
  443         (d) If an administrative law judge enters a final order
  444  that all or part of an agency statement violates s.
  445  120.54(1)(a), the agency must shall immediately discontinue all
  446  reliance upon the statement or any substantially similar
  447  statement as a basis for agency action. This paragraph shall not
  448  be construed to impair the obligation of contracts existing at
  449  the time the final order is entered.
  450         Section 4. Subsections (1) and (3) of section 120.60,
  451  Florida Statutes, are amended to read:
  452         120.60 Licensing.—
  453         (1) Upon receipt of an application for a license
  454  application, an agency shall examine the application and, within
  455  30 days after such receipt, notify the applicant of any apparent
  456  errors or omissions and request any additional information the
  457  agency is permitted by law to require. An agency may shall not
  458  deny a license for failure to correct an error or omission or to
  459  supply additional information unless the agency timely notified
  460  the applicant within this 30-day period. The agency may
  461  establish by rule the time period for submitting any additional
  462  information requested by the agency. For good cause shown, the
  463  agency shall grant a request for an extension of time for
  464  submitting the additional information. If the applicant believes
  465  the agency’s request for additional information is not
  466  authorized by law or rule, the agency, at the applicant’s
  467  request, shall proceed to process the application. An
  468  application is shall be considered complete upon receipt of all
  469  requested information and correction of any error or omission
  470  for which the applicant was timely notified or when the time for
  471  such notification has expired. An Every application for a
  472  license must shall be approved or denied within 90 days after
  473  receipt of a completed application unless a shorter period of
  474  time for agency action is provided by law. The 90-day time
  475  period is shall be tolled by the initiation of a proceeding
  476  under ss. 120.569 and 120.57. Any application for a license
  477  which that is not approved or denied within the 90-day or
  478  shorter time period, within 15 days after conclusion of a public
  479  hearing held on the application, or within 45 days after a
  480  recommended order is submitted to the agency and the parties,
  481  whichever action and timeframe is latest and applicable, is
  482  considered approved unless the recommended order recommends that
  483  the agency deny the license. Subject to the satisfactory
  484  completion of an examination if required as a prerequisite to
  485  licensure, any license that is considered approved shall be
  486  issued and may include such reasonable conditions as are
  487  authorized by law. Any applicant for licensure seeking to claim
  488  licensure by default under this subsection shall notify the
  489  agency clerk of the licensing agency, in writing, of the intent
  490  to rely upon the default license provision of this subsection,
  491  and may shall not take any action based upon the default license
  492  until after receipt of such notice by the agency clerk.
  493         (3) Each applicant shall be given written notice, either
  494  personally or by mail, that the agency intends to grant or deny,
  495  or has granted or denied, the application for license. The
  496  notice must state with particularity the grounds or basis for
  497  the issuance or denial of the license, except when issuance is a
  498  ministerial act. Unless waived, a copy of the notice shall be
  499  delivered or mailed to each party’s attorney of record and to
  500  each person who has made a written request for requested notice
  501  of agency action. Each notice must shall inform the recipient of
  502  the basis for the agency decision, shall inform the recipient of
  503  any administrative hearing pursuant to ss. 120.569 and 120.57 or
  504  judicial review pursuant to s. 120.68 which may be available,
  505  shall indicate the procedure that which must be followed, and
  506  shall state the applicable time limits. The issuing agency shall
  507  certify the date the notice was mailed or delivered, and the
  508  notice and the certification must shall be filed with the agency
  509  clerk.
  510         Section 5. This act shall take effect July 1, 2010.

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