5J-20.011. Effect of Revocation or Suspension Upon Reapplication for Licensure  


Effective on Monday, August 5, 1985
  • 1(1) A proper and duly-authorized order of revocation or suspension filed by the Commissioner of Agriculture against any individual or entity licensed pursuant to Chapter 527, F.S., may not be obviated or improperly evaded by changes of company name or by technical restructuring or changes of ownership which are merely superficial and cosmetic in nature and are made for the purpose of improperly evading a lawful revocation or suspension order issued in the interests of public safety.

    78(2) If the Bureau finds that such a sham restructuring of name or ownership has taken place or if the circumstances for which the previous license or certification was revoked or suspended still exist or are likely to recur, the Bureau shall deny the application for licensure or certification for such an applicant. The burden shall rest with the applicant to demonstrate that the ownership transaction in question was not accomplished for the purposes of improper evasion and that the conditions or circumstances which prompted the revocation or suspension do not presently exist and are not likely to recur.

    177Rulemaking Authority 179527.06 FS. 181Law Implemented 183527.14 FS. 185History–New 8-5-85, Formerly 4B-1.24, 4B-1.024, 1905F-11.011.