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

• Decision Date: 02 September 2021
• Docket Number: No. 1D20-250,1D20-250
• Citation: 324 So.3d 75 (Mem)
• Parties: M.A.J., Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Appellee.
• Court: Florida District Court of Appeals

324 So.3d 75 (Mem)

M.A.J., Appellant,

v.DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Appellee.

No. 1D20-250

District Court of Appeal of Florida, First District.

September 2, 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.

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).