M.A.J. v. Dep't of Agric. & Consumer Servs.

Full title: M.A.J., Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES…

Court: District Court of Appeal of Florida, First District.

Date published: Sep 2, 2021

324 So. 3d 75 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D20-250

09-02-2021

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

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.

B.L. Thomas, J.

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.

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 , 323 So.3d 275 (Fla. 1st DCA June 16, 2021) (en banc).

REVERSED and REMANDED.

Tanenbaum, J., concurs; Kelsey, J., dissents with opinion.

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 , 323 So.3d 275 (Fla. 1st DCA June 16, 2021).