Opinion
CASE NO. 1D16–4244
01-06-2017
WHEELCHAIR SPECIALTIES, INC. d/b/a Mobility Transportation Systems, DOE/DVR Vendor #VF593084987002, Petitioner, v. STATE of Florida, Department of Education, Respondent.
Jean M. Henne, Winter Haven, and Michael D. LaBarbera, Tampa, for Petitioner. Brent McNeal, Deputy General Counsel, Florida Department of Education, Tallahassee, for Respondent.
Jean M. Henne, Winter Haven, and Michael D. LaBarbera, Tampa, for Petitioner.
Brent McNeal, Deputy General Counsel, Florida Department of Education, Tallahassee, for Respondent.
PER CURIAM.
DISMISSED. Cf. Hill v. Div. of Ret., 687 So.2d 1376 (Fla. 1st DCA 1997) (where an otherwise reviewable administrative order has been entered, but not rendered, the review proceeding is premature and should be dismissed); see also Sumner v. Bd. of Trustees, City of Pensacola Firefighters' Relief & Pension Fund, 78 So.3d 123 (Fla. 1st DCA 2012). Any issue petitioner may have with respect to the Department's alleged failure to carry out its ministerial duty by rendering the order by filing it with the agency clerk can be addressed in a separate action, if necessary. Cf. Simmons v. Agency for Health Care Admin., 950 So.2d 431 (Fla. 1st DCA 2007).
ROBERTS, C.J., ROWE and WINSOR, JJ., CONCUR.