M.A.J.
v.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING

Fla. 1st DCA | 2021-09-02
No. 20-0250
46 Fla. L. Weekly D1421 Florida District Court of Appeal, First District (2021) Positive Treatment
Also reported at: 46 Fla. L. Weekly D1421
Cited by 1 case

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Holding

The Department of Agriculture and Consumer Services must assign appellant's petition for administrative hearing to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes.


Headnotes

[1] A petition for administrative hearing must be assigned to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes.

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Facts & Procedural History

Appellant filed a petition for administrative hearing with the Department of Agriculture and Consumer Services, Division of Licensing. The Department …

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Opinion of the Court

September 2, 2021 B.L. THOMAS, J.

The Department shall assign Appellant’s petition for administrative hearing to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes (2020), as required by R.C. v. Department of Agriculture and Consumer Services, Division of Licensing, 46 Fla. L. Weekly D1421 (Fla. 1st DCA June 16, 2021) (en banc).

REVERSED and REMANDED.

TANENBAUM, J., concurs; KELSEY, J., dissents with opinion.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ KELSEY, J., dissenting.

I dissent for the reasons expressed in my dissent in R.C. v. Department of Agriculture and Consumer Services, Division of Licensing, 46 Fla. L. Weekly D1421 (Fla. 1st DCA June 16, 2021).

_____________________________ Noel H. Flasterstein of Noel H. Flasterstein, P.A., Fort Lauderdale; and Eric J. Friday of Kingry & Friday, PLLC, Jacksonville, for Appellant. Tobey Schultz, Department of Agriculture and Consumer Services, Division of Licensing, Tallahassee, for Appellee.


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