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ROYER v. AGENCY FOR PERSONS WITH DISABILITIES

No. 1D11-4874.

88 So.3d 300 (2012)

Blake ROYER, Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 4, 2012.

Attorney(s) appearing for the Case

Glorimil R. Walker of Three Rivers Legal Services, Inc., Gainesville, for Appellant.

Mike Palecki , General Counsel, and Melissa Dinwoodie , Agency for Persons with Disabilities, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Blake Royer, seeks review of a final order of the Agency for Persons with Disabilities ("the Agency") assigning him to Tier Three of the Medicaid Developmental Disabilities Home and Community Based Services Waiver Program. Because the Agency misinterpreted and misapplied Florida Administrative Code Rule 65G-4.0027(4) in determining Appellant's tier assignment, we reverse.

The Agency assigned Appellant to Tier Three because he lived with...

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