20-108.002. Processing of Applications

“New applications” and “repeat applications”, as defined by Section 601.55, F.S., shall be processed as follows:

(1) If the application is properly completed, and the review and investigation reveals no unusual or questionable circumstances which have not been satisfactorily resolved, the staff shall be authorized to give conditional approval and transmit the application to the Department of Agriculture and Consumer Services for issuance of a license pending final approval by the Commission as outlined in Section 601.57, F.S. A list of all applications so processed shall be furnished to each Commission member and Commission consideration of final approval shall occur at the next applicable Commission meeting in accordance with subsection 20-108.002(4), F.A.C. Applicants shall be made aware that pursuant to Section 601.57, F.S., only the Florida Citrus Commission has the authority to approve or deny a license application. Staff’s “conditional approval” is subject to approval by the Commission and shall, in no way, vest applicants with any rights pursuant to Chapter 120, F.S., or otherwise. Staff may rescind such conditional approval at any time prior to the Commission giving final approval in the event additional facts are discovered which evidence any of the following:

(a) The applicant owes additional assessments or is not current on the payment of its assessments;

(b) The applicant has failed to report outstanding debt as required by the application;

(c) The applicant has misrepresented the applicant’s work/employment or criminal history;

(d) Other factors which would constitute grounds for disapproval of the application as specified under Section 601.57(4) and/or 601.641, F.S.

In the event staff rescinds such conditional approval, notice of such action shall be provided to the Department of Agriculture and Consumer Services and the applicant shall immediately cease all operations affected.

(2) If the staff review and investigation of a properly completed application reveals unusual or questionable circumstances which cannot be satisfactorily resolved, the application shall not be given conditional staff approval but shall be presented to the Commission at its next regularly scheduled meeting (subsection 20-108.002(4), F.A.C., below) along with a staff report outlining all pertinent information concerning the application. A staff recommendation for approval, disapproval or other action appropriate under the particular circumstances shall be included in the report.

(3) In the event staff recommends denial of an application, or approval of an application subject to placing conditions on the license, such staff recommendation shall constitute an agency determination affecting the substantial interest of the applicant, and the applicant may, within 15 days of receipt of the notice of the staff recommendation, request an administrative hearing pursuant to Section 120.569, F.S., which hearing shall be conducted pursuant to Section 120.57, F.S. In the event the Department adopts the recommended order of the administrative law judge, pursuant to Rule 20-108.007, F.A.C., the Commission shall treat the administrative law judge’s recommendation as the Staff’s recommendation regarding the application.

(4)(a) At least 30 days prior to an application being considered by the Commission at its regularly scheduled meeting, a list of all applications for Commission consideration at that meeting, along with staff’s recommended action on the application, shall be posted on the Department’s fdocgrower.com website. Failure to meet this 30-day posting deadline due to an incomplete application shall cause the application, once completed, to be presented for consideration at the next regularly scheduled meeting of the Commission. The posting deadline shall not impact the department’s authority to grant conditional approval of completed applications, pursuant to subsection 20-108.002(1), F.A.C.

(b) Any person wishing to file a written challenge to staff’s recommendation regarding the issuance of such license, the recommended minimum bond amount or recommended conditions on the license, shall, no later than 20 days prior to the Commission meeting at which the Commission is scheduled to consider the application, provide the Department (with a copy to the applicant) with specific, written reasons why the license should not be granted to the applicant and/or why the recommended minimum bond amount or conditions placed on the license are insufficient. To be considered by staff and/or the Commission, any such written challenge shall be signed by the person submitting the challenge and shall contain sufficient material to substantiate a challenge. If such written challenge results in a changed staff recommendation regarding the application, the staff shall provide the applicant with an opportunity to (i) postpone consideration of the application until the next regularly scheduled Commission meeting; (ii) request an administrative hearing pursuant to Section 120.569, F.S., which hearing shall be conducted pursuant to Section 120.57, F.S.; or (iii) proceed with the Commission’s consideration of the license application as scheduled. In acting upon the application, the Commission shall consider, in addition to all other relevant factors, any such timely submitted written challenge.

Rulemaking Authority 601.10(1), (7), 601.56 FS. Law Implemented 601.03(8), 601.10(1), (5), (7), 601.55, 601.56, 601.57, 601.58, 601.60, 601.61 FS. History–Formerly 105-2.02(2), Amended 1-1-75, Formerly 20-108.02, Amended 4-23-95, 1-28-13.