WHEELCHAIR SPECIALTIES INC MOBILITY TRANSPORTATION SYSTEMS DOE DVR VENDOR VF593084987002 v. STATE OF FLORIDA DEPARTMENT OF EDUCATION (2017)

District Court of Appeal of Florida, First District.

WHEELCHAIR SPECIALTIES, INC. d/b/a MOBILITY TRANSPORTATION SYSTEMS, DOE/DVR VENDOR #VF593084987002, Petitioner, v. STATE OF FLORIDA, DEPARTMENT OF EDUCATION, Respondent.

CASE NO. 1D16-4244

Decided: January 06, 2017

Jean M. Henne, Winter Haven, and Michael D. LaBarbera, Tampa, for Petitioner. Brent McNeal, Deputy General Counsel, Florida Department of Education, Tallahassee, for Respondent.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

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 Healthcare Admin., 950 So. 2d 431 (Fla. 1st DCA 2007).

PER CURIAM.

ROBERTS, C.J., ROWE and WINSOR, JJ., CONCUR.

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