341.3337  Determination and award of franchise.--

(1)  The department, after assessing each franchise application and after the public meeting required by s. 341.3336, shall preliminarily determine the best applicant or shall reject all applications. Upon such determination, the department shall disseminate the proposed agency action in regard to each application.

(2)  The department shall provide notice of the proposed agency action to the agencies listed in s. 341.352(2)(a) and to any person who has requested to receive such notice. Such request must be in writing and filed with the department no later than the date of the last public meeting held pursuant to s. 341.3336.

(3)  The notice of proposed agency action is a point of entry for a person whose substantial interest is or may be affected or determined by the department's proposed action to file a petition for an administrative proceeding under chapter 120.

(4)  The provisions of chapter 120 govern the actions of the department, except that s. 120.57(3), relating to protests arising from the contract-bidding process, does not apply to the award of the franchise or the selection of a franchisee.

(5)  After the conclusion of the administrative proceeding or after the expiration of the time period for filing a petition, if no petition has been filed, the department shall award the franchise to the best applicant or shall reject all applications. The award of a franchise is a final order of the department and may contain terms and conditions in accordance with the provisions of ss. 341.3201-341.386.