R.E.P. AND D.M.S.
v.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND WILTON SIMPSON
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Appellants were not required to exhaust administrative remedies to pursue relief under section 790.33(3)(f) in circuit court.
[1] Relief authorized by section 790.33(3)(f)1 may be pursued directly in circuit court without prior exhaustion of administrative remedies.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the relief authorized by section 790.33(3)(f)1. is the remedy in this case, Pretzer could bring an action under section 790.33(3)(f) in circuit court without exhausting any administrative remedies.”
Court's citation to controlling precedent from Pretzer v. Swearingen, explaining the availability of statutory relief without administrative exhaustion
R.E.P. and D.M.S. appealed a decision from the Division of Administrative Hearings involving the Department of Agriculture and Consumer Services and W…
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January 29, 2025 PER CURIAM.
AFFIRMED. See Pretzer v. Swearingen, 394 So. 3d 175, 192 (Fla. 1st DCA 2024) (“Because the relief authorized by section 790.33(3)(f)1. is the remedy in this case, Pretzer could bring an action under section 790.33(3)(f) in circuit court without exhausting any administrative remedies.” (Emphasis in original)).
LEWIS, ROBERTS, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Eric J. Friday of Kingry & Friday, PLLC, Jacksonville, for Appellants. Daniel E. Nordby and Denise M. Harle of Shutts & Bowen LLP, Tallahassee, for Appellees.
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