CRUSAW v. FLORIDA DEPARTMENT OF HEALTH (2023)

District Court of Appeal of Florida, First District.

Henry CRUSAW, Petitioner, v. FLORIDA DEPARTMENT OF HEALTH, Office of Medical Marijuana Use, Terry Donell Gwinn, and Shedrick McGriff, Respondents.

No. 1D23-0441

Decided: May 17, 2023

Jennifer A. Tschetter of Jennifer A. Tschetter, P.A., Tallahassee, for Petitioner. No appearance for Respondents.

Dismissed. The petitioner's request for a formal hearing filed with the Department of Health set out only legal questions to be resolved and no genuine factual disputes. Moreover, the petitioner fails to demonstrate that “review of the final agency decision would not provide an adequate remedy.” § 120.68(1)(b), Fla. Stat.; see § 120.569(1), Fla. Stat. (“If a disputed issue of material fact arises during a proceeding under s. 120.57(2), then, unless waived by all parties, the proceeding under s. 120.57(2) shall be terminated and a proceeding under s. 120.57(1) shall be conducted.”).

Per Curiam.

M.K. Thomas, Nordby, and TANENBAUM, JJ., concur.

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