§ 20-97. Appeals from granting, renewal or denial of certificate.

(a)

If the board of county commissioners decides to grant or renew an application for a certificate without a public hearing, any interested or substantially affected person who has filed a prior written objection will be notified of such decision, and any such person may appeal the board's decision by filing a notice of appeal with the clerk of the board of county commissioners within ten (10) days following the board's decision, indicating the reasons therefor. Reasonable notice of the scheduling of the appeal hearing will be provided to interested and substantially affected persons. An appeal shall stay the effectiveness of a certificate until a hearing is held by the board of county commissioners and the decision on the appeal is rendered. During the pendency of the appeal, the board of county commissioners may permit the applicant to operate under the temporary authority provisions of section 20-94.

(b)

An applicant whose original or renewal application has been denied by the board of county commissioners, or whose application has been granted with conditions, without public hearing, may appeal such decision by filing a notice of appeal with the clerk of the board of county commissioners within ten (10) days of the board's decision. A hearing shall be scheduled before the board of county commissioners, with reasonable notice to be provided to interested and substantially affected persons.

(c)

If a decision has been made following a public hearing by the board of county commissioners to either approve, renew or deny any application, such decision shall be final, except for the provisions of section 20-96 relating to modification of a certificate. Any further review of the board's decision will be by writ of certiorari in the circuit court, in accordance with the Florida Appellate Rules; provided, however, that in order to appeal the granting of a certificate, a notice of intention to file a writ of certiorari must be filed with the clerk of the board of county commissioners within ten (10) days following the board's decision.

(d)

An applicant whose application for a certificate has been denied may not submit another similar application for a period of ninety (90) days following such denial.

(Code 1965, § 12A-27; Ord. No. 81-4, § 9, 3-9-81; Ord. No. 96-24, § 1, 8-27-96)