Fla. Admin. Code Ann. R. 14-85.025 - Denial, Revocation, Suspension, or Cancellation of Permit

(1) Denial. An application for a permit will be denied if the business does not meet the eligibility requirements outlined in this rule or if permit fees are not timely received.

(2) Revocation. A business's permit to participate in the logo sign program shall be revoked if:

(a) The business no longer meets the eligibility requirements as outlined in this rule chapter, has not been granted a suspension pursuant to subsection (3), or the Program Administrator has not received the permit fees by 5:00 p.m. on December 1, unless the Department has extended the payment due date pursuant to subsections 14-85.024(2) and (3), F.A.C.

(b) Prior to revoking a permit, the Program Administrator shall issue by certified mail a Notice of Intent to Revoke for Noncompliance. This notice shall state the noncompliance found and provide the following:

1. The permittee shall have 30 calendar days from receipt of the Notice of Intent to Revoke to correct the noncompliance and present evidence to the Program Administrator of such correction or to file a request for an administrative proceeding.

2. If corrective action is not accomplished within the 30-day period, and a hearing request is not filed, the revocation becomes the final agency action of the Department.

3. The business logo shall be removed from the logo structure(s) after the revocation is final or after the entry of a Final Order pursuant to Chapter 120, F.S.

(3) Suspension. A permit will be suspended when the business notifies the Program Administrator that it is temporarily unable to provide the services required.

(a) The maximum period of suspension shall be 90 days, except in cases of national disaster or when substantial physical changes, such as retrofitting of fuel tanks, must be made to the business. An additional 90 days will be granted by the Program Administrator upon receipt of complete construction or engineering specifications for the physical changes and a construction schedule supporting the need for additional time.

(b) The permit must remain in force, including payment of all fees, during the period of suspension.

(c) The Program Administrator shall cover or remove the business logo until the business is again able to provide services.

(d) If the circumstances requiring suspension of the permit are not resolved within that time, the Program Administrator shall revoke the permit.

(4) Notice. In cases of denial or revocation, the Program Administrator shall provide written notice to the applicant or permittee by certified mail. The notice shall contain a statement of the reason for the action and an explanation of the permittee's rights under Chapter 120, F.S.

(5) Cancellation. If a business decides to no longer participate in the logo sign program, the business must provide the Program Administrator a written notice of its decision not to participate. Upon receipt of the notice, the Program Administrator will cancel the business' permit and remove the business' business logo.

Notes

Fla. Admin. Code Ann. R. 14-85.025

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4) FS.

New 12-15-09, Amended 4-29-10.

New 12-15-09, Amended 4-29-10.