20-108.007. Disposition of Application and Revocation of Licenses

Each application presented to the Commission shall be accompanied by a recommendation from the staff as to disposition, or, in the event an applicant has sought administrative review of a staff recommendation as outlined in Section 120.569, F.S., and subsection 20-108.002(3), F.A.C., an administrative law judge’s recommended order, and shall be acted upon in the following manner:

(1) Denial: All applications presented to the Commission with a recommendation for denial shall be accompanied by a staff report setting forth a summary of the staff’s review and investigation of the application. The staff recommendation shall include, in addition to other information helpful to the Commission, the basis for the recommendation, and, if applicable, a copy of the administrative law judge’s recommended order. The Commission, by a majority vote of the members present, shall decide the action to be taken on all applications so presented.

(2) Approval: All applications presented to the Commission with a staff recommendation for approval shall be approved by the Commission by a majority vote of the members present.

(3) Approval Subject to Conditions: Whenever the facts warrant it, an application shall be presented to the Commission with the staff recommendation that the Commission approve the application contingent upon such reasonable conditions as the Commission may order endorsed thereon, based on the staff report setting forth the facts, grounds and basis for such conditions. The Commission in so granting approval of a license subject to conditions shall include in its action appropriate sanctions to insure compliance with the conditions endorsed thereon. Approval of a license subject to conditions shall be by majority vote of the Commission members present.

(4) Such conditions include but are not limited to:

(a) Require that the applicant post a higher bond pursuant to paragraph 20-108.004(4)(b), F.A.C.

(b) Require that the applicant and license be reviewed by the Commission at their regularly scheduled meeting six months after issuance of the license subject to conditions, and if the Commission does not meet six months after the issuance of the license subject to conditions then the applicant and license will be reviewed at the next regularly scheduled Commission meeting following the passage of the initial six month review period.

(c) Require the applicant to operate on a cash basis, and/or

(d) Require that the applicant make payments according to a schedule subject to the Commission’s final approval.

(5) Approval of a license subject to conditions shall be by majority vote of the Commission members present. Additionally, a list of all applicants that have been granted a license subject to conditions by the Commission, including the conditions and/or sanctions that accompany the license, shall be posted on the Department’s website.

(6) Deferred action: Commission action on any application may, by majority vote, be deferred to a subsequent date for final action, however, in accordance with Section 120.60, F.S., final action must be taken within 90 days after receipt of the original application or receipt of timely requested additional information or correction of errors or omissions.

(7) Final Agency Action: A vote by the Commission to deny, approve, or approve a license subject to conditions, shall be considered final agency action subject to judicial review as prescribed in Section 120.68, F.S.

(8) The Commission shall have the authority to revoke a license where facts and circumstances indicate that the licensee has failed to satisfy a condition of its licensure, pursuant to Section 120.60, F.S., when such facts and circumstances as those contemplated in Sections 601.64 and 601.641, F.S., indicate that revocation is necessary in order to protect the growers and others in the industry with whom the licensee has or will conduct business during the term of the license.

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(6)(a), (b), Amended 1-1-75, Formerly 20-108.07, Amended 4-23-95, 1-28-13.