PREMIER INTERNATIONAL TRAVEL, INC., PETITIONER,
v.
CHARLES H. BRONSON, AS COMMISSIONER OF THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, RESPONDENT
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The court granted a writ of mandamus compelling the Florida Department of Agriculture to issue a travel seller registration because the agency failed to approve or deny the renewal application within the statutory 90-day period, triggering automatic approval under Florida law.
An agency must approve a license renewal application if it fails to approve or deny the application within the 90-day period prescribed by section 120.60(1), Florida Statutes, and does not toll that period by initiating a formal proceeding.
[1] An agency's failure to approve or deny a license application within the statutory 90-day period under section 120.60(1), Florida Statutes, results in automatic approval u…
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Join FLexlaw to unlock all legal intelligencePremier International Travel submitted a renewal application for its Seller of Travel registration before its original registration expired. The agenc…
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PER CURIAM.
Petitioner seeks a writ of mandamus to compel the respondent agency to issue petitioner’s registration as a Seller of Travel pursuant to section 559.928, Florida Statutes (2002).
Before petitioner’s original registration expired, petitioner submitted an application for registration renewal. Pursuant to section 559.928(8), applications are subject to the provisions of section 120.60. Section 120.60(1) provides that the agency must approve any application for a license if the agency has not approved or denied the application within the time periods prescribed by that subsection. Here, the agency failed to initiate a proceeding concerning the renewal application under sec tions 120.569 and 120.57, accordingly, the 90-day time period to act on the application was not tolled. Section 120.60(1). Because the agency failed to approve or deny the application within the 90-day time period, the agency must approve the renewal application. See Tuten v. Department of Envtl. Prot., 819 So. 2d 187 (Fla. 4th DCA 2002); Florida Acad. of Cosmetic Surgery, Inc. v. Department of Health, Bd. of Medicine, 771 So. 2d 602 (Fla. 1st DCA2000); Krakow v. Department of Prof'l Regulation, Bd. of Chiropractic, 586 So. 2d 1271 (Fla. 1st DCA 1991).
The petition for writ of mandamus is granted with directions to the agency to issue petitioner’s registration.
PETITION GRANTED.
ERVIN, BOOTH and BROWNING, JJ., concur.
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Mila ALF, LLC v. State, 273 So. 3d 272 (Fla. 1st DCA 2019)
Authorities Cited
- Elliott Krakow v. Dep't of Prof'l Reg., 586 So. 2d 1271 (Fla. 1st DCA 1991)
- Tuten v. State, 819 So. 2d 187 (Fla. 4th DCA 2002)
- Unisource Pharm. Grp., Inc. v. State, 771 So. 2d 602 (Fla. 1st DCA 2000)
- Fla. Acad. OF Cosm. Surgery, Inc. v. State, 771 So. 2d 602 (Fla. 1st DCA 2000)