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COMMUNITY HEALTH CHARITIES OF FLA. v. STATE

No. 1D07-2067.

961 So.2d 372 (2007)

COMMUNITY HEALTH CHARITIES OF FLORIDA; The American Liver Foundation; Cystic Fibrosis Foundation; Crohn's & Colitis Foundation; Prevent Blindness Florida; Children's Tumor Foundation; March of Dimes; Lupus Foundation of America, Florida Chapter; Florida Hospices & Palliative Care; Hemophilia Foundation of Greater Florida; National Parkinson Foundation; American Diabetes Association; Leukemia & Lymphoma Society; American Lung Association; ALS Association; Alzheimer's Association; Juvenile Diabetes Research Foundation; Arthritis Foundation; Florida SIDS Alliance; Sickle Cell Disease Association of Florida; Easter Seals Florida; St. Jude Children's Research Hospital; Muscular Dystrophy Association; Nami Florida; National Kidney Foundation; National Multiple Sclerosis Foundation; Huntington's Disease Society of America; and Association for Retarded Citizens, Petitioners, v. STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, Respondent.

District Court of Appeal of Florida, First District.

July 31, 2007.

Attorney(s) appearing for the Case

David C. Hawkins and D. Andrew Byrne of Cooper & Byrne, PLLC, Tallahassee, for Petitioners.

Matthew F. Minno, Deputy General Counsel, and Gerald T. York, Assistant General Counsel, Department of Management Services, Tallahassee, for Respondent.

KAHN, J.

By this original proceeding, petitioners assert their entitlement to proceed under section 120.569(2), Florida Statutes (2005). They complain that respondent, the Department of Management Services ("Department"), had no discretion to dismiss their petition for formal administrative hearing. We find that the Department had a clear legal duty to comply with the provisions of section 120.569(2) and, accordingly, grant the relief sought by petitioners, which...

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