NATIONAL FREIGHT, INC., A FOREIGN CORPORATION, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, RESPONDENT

Fla. 1st DCA | 1986-01-20
No. BJ-205
ERVIN, SMITH and NIMMONS, JJ., concur.
483 So. 2d 742 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 4 cases

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Synopsis

National Freight sought review of a Florida Department of Transportation order denying renewal of special permits to operate non-conforming semitrailers and threatening to treat them as unlicensed. The court held that Section 120.60(6), Florida Statutes, protected the existing permits from expiration pending final agency action on the timely renewal application.


Holding

Section 120.60(6) clearly applied to National Freight's renewal application, and the Department's preliminary order holding otherwise was vacated. The court declined to address whether the 36-month maximum cap in Section 316.550 constituted an automatic statutory expiration depriving petitioner of the protection of Section 120.60(6).


Headnotes

[1] Preliminary agency action, the review of which would be inadequate after final agency action, is immediately reviewable.

[2] A timely and sufficient application for renewal of a license, which does not automatically expire by statute, prevents the existing license from expiring until the agency…

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Key Quotes

“When a licensee has made timely and sufficient application for the renewal of a license which does not automatically expire by statute, the existing license shall not expire until the application has been finally acted upon by the agency or, in case the application is denied or the terms of the license are limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.”

Establishes the statutory protection applicable to timely renewal applications under Section 120.60(6)

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Facts & Procedural History

In October 1983, National Freight received special permits to operate 100 semitrailers exceeding the 48-foot maximum length allowed by statute. The pe…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks review of a nonfi-nal order of the Department of Transportation, notifying petitioner that the department will treat petitioner’s nonconforming semitrailers as nonlicensed, pending administrative proceedings arising from the department’s decision not to renew petitioner’s permits to operate. We find that the department’s decision is preliminary agency action, review of which after final agency action would be inadequate. Section 120.68(1), Fla.Stat., Fla.R.App.P. 9.100.1

In October, 1983, petitioner received special permits pursuant to § 316.550 to oper ate 100 semitrailers in excess of the 48-foot maximum length allowed by § 316.-515(3), (6). The permits expired and were renewed for another year in October 1984. Prior to the permits’ expiration in October 1985, petitioners filed a timely application for renewal and the department notified petitioner that the application would be denied. The notification letter informed petitioner of its right to request a hearing pursuant to § 120.57. The letter went on to provide:

This is not a question of automatic renewal of a license since strict statutory guidelines apply to the authorization of the permit. Therefore, the Department does not consider Section 120.60(6), Florida Statutes, to be applicable.

... the unregistered trailers will be considered to have expired permits and be nonpermitted trailers and normal enforcement will be pursued effective Monday, October 21, 1985.

Section 120.60(6). Fla.Stat. (1984 Supp.), provides:

(6) When a licensee has made timely and sufficient application for the renewal of a license which does not automatically expire by statute, the existing license shall not expire until the application has been finally acted upon by the agency or, in case the application is denied or the terms of the license are limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

The department argues first that petitioners’ application for renewal failed to meet the sufficiency requirement of § 120.-60(6) because the application was for vehicles which admittedly did not meet the requirements of § 316.515. Since the application was for renewal of permits issued pursuant to § 316.550, this argument is patently without merit.

Second, the department argues that § 120.60(6) does not apply because the permits expired automatically at the end of 12 months pursuant to § 316.550. However, that section provides that the department may issue permits for nonconforming vehicles “for not more than 36 months.”

Because petitioner sought renewal of permits which, under a construction most favorable to the department, expired after 24 months, it cannot be said that in this case the 36-month provision in § 316.-550 was an automatic statutory expiration depriving petitioner of the protection of § 120.60(6). We therefore do not reach the question of whether the 36-month cap provided in § 316.550 constitutes an automatic expiration of a license for purposes of § 120.60(6).

Because we find § 120.60(6) clearly applicable under the circumstances of this case, that portion of the department’s preliminary order purporting to hold otherwise is vacated.

ERVIN, SMITH and NIMMONS, JJ., concur. . The department's decision would effectively preclude petitioner from operating nonconforming vehicles in this state, resulting in economic deprivation which would not necessarily be recoverable in the event petitioner is ultimately successful in its administrative challenge.


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Citator

Cited By

  • Alterman Transp. Lines, Inc. v. Dep't OF Transp., 519 So. 2d 1005 (Fla. 1st DCA 1987)
    …n, it is clear from the case law interpreting section 120.60 that the “privilege” conferred by the state necessarily entails a licensing procedure which is personal in nature. See, e.g., National Freight, Inc. v. State, Department of Transportation, 483 So. 2d 742 (Fla. 1st DCA 1986); Gonzalez v. Department of Health and Rehabilitative Services, 418 So. 2d 1128 (Fla. 1st DCA 1982); Wasserman v. Florida State Board of Architecture, 392 So. 2d 345 (Fla. 1st DCA 1981). Licensing includes the issuance of professi…
  • Int'l Truck & Engine Corp. v. Cap. Truck, Inc., 872 So. 2d 372 (Fla. 1st DCA 2004)
    …rom a non-final order by a State agency may well result in an injury or loss that would “not necessarily be recoverable in the event petitioner is ultimately successful in its administrative challenge.” Nat'l Freight, Inc. v. State Dep’t of Transp., 483 So. 2d 742, 743 n. 1 (Fla. 1st DCA 1986). Thus, a non-final order of the Department of Transportation refusing renewal of certain licenses was treated by this court as immediately reviewable under section 120.68(1) because “final agency action would be inadequ…

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