R.E.P. AND D.M.S.
v.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT, GLASS
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Appellants may bring an action under section 790.33(3)(f) in circuit court without exhausting administrative remedies.
[1] A party seeking relief under section 790.33(3)(f) may bring an action in circuit court without first exhausting administrative remedies.
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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 rationale for affirming the administrative decision
R.E.P. and D.M.S. appealed from a decision of the Division of Administrative Hearings regarding the Florida Department of Law Enforcement and Mark Gla…
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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)). OSTERHAUS, C.J., and RAY and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Eric J. Friday of Kingry & Friday, PLLC, Jacksonville, for Appellants.
James Uthmeier, Attorney General, Natalie A. Bielby Senior Assistant Attorney General, and James P. Waczewski, Senior Assistant Attorney General, Tallahassee, for Appellees.
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