18-004697 Tropiflora, Llc vs. Florida Department Of Health, An Executive Branch Agency Of The State Of Florida Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 18, 2018.

liaense qualifying 2015 dispensing organization applicants that satisfy certain statutory

l • I

cntena.

On September 7, 2018, the Department referred Tropiflora's Petition to DOAH for

formal administrative proceedings pursuant to section 120.57(1), Florida Statutes, along

wilh five other petitions seeking licenses from a limited statutory pool of licenses.

Trb\\ piflora's Petition (assigned DOAH Case No. 18-4697) was consolidated with DOAH

Jse Nos. 18-4463, 18-4471, 18-4472, 18-4473, and 18-4474 and assigned to ALJ

CTsenhall for a fact-finding hearing. Similar to Tropiflora, the petitioner in each of those

cars claims entitlement to MMTC licensure pursuant to section 381.986(8)(a)2.a.,

Fl,rida Statutes (2018). Unlike Tropiflora, however, the petitioners in those cases seek

licrnsure pursuant to the "one-point" condition provided in section 381.986(8)(a)2.a.­

sp[.cifically, the petitioners contend that they had a "final ranking within one point of the

hi,hest final ranking in [their] region." § 381.986(8)(a)2.a., Fla. Stat. (2018) See

Trlpiflora's Response to Order to Show 1-2.

On September 28, 2018, the ALJ issued an Order to Show Cause Why Jurisdiction

Sh

Shtw Cause Order, the ALJ questioned "whether there are any material facts in dispute

in tre instant case." See Show Cause Order, p. 1. Tropiflora filed its Response to the Show

Ca,se Order on October 9, 2018. On October 18, 2018, the ALJ issued an Order Closing

Fil and Relinquishing Jurisdiction to the Department. 1

1 Tlle ALJ relinquished jurisdiction to the Department based upon an October 5, 2018

ordfr issued by the Leon County Circuit Court temporarily enjoining the Department

fro registering or licensing any MMTCs pursuant to section 381.986, Florida Statutes.

For the reasons that follow and consistent with the ALJ's analysis, the undisputed

mrterial facts demonstrate that Tropiflora cannot-under any circumstance-satisfy the

rebuisite statutory criteria for licensure under section 381.986(8)(a)2.a., Florida Statutes.

J a result, Tropiflora's Petition is dismissed with prejudice, and its August 28, 2018

re \\ uest for MMTC licensure is denied.

BACKGROUND AND TROPIFLORA'S ALLEGATIONS

1. Through the Compassionate Medical Cannabis Act of 2014, the legislature

le alized the licensed cultivation, processing and dispensing of low- TCH cannabis for

20 4-157, Laws of Fla. The Act, codified as amended at section 381.986, Florida Statutes

directed the Department to authorize five "dispensing organizations" ("DOs")­

onl in each of five regions: Northwest, Northeast, Central, Southeast, and Southwest

Fllrida. § 381.986(5)(b), Fla. Stat. (2014); Petition, 5·

2. The Act authorized the Department to adopt rules to implement the Act.

Se, § 381.986(5)(d), Fla. Stat. (2014) The Department formally adopted rules

implementing the application, selection and regulatory processes for DOs. Fla. Admin.

co1e Ch. 64-4; 6-g. The rules included an application form to be completed

to the instructions in the rule text and in the application form itself "Form

D18007-0CU-2/2015." See Fla. Admin. CodeR. 64-4.002; Petition, 9-10. Pursuant

to Jle 64-4.002, the applicant whose application received the highest aggregate score in

a given region would be selected as that region's DO. Fla. Admin. CodeR. 64-4.002(5)(b)

(Nl6-17-15).

3. Tropiflora applied for the exclusive DO license in the Southwest region.

Peftion, 4· Significantly, however, Tropiflora's application was not evaluated and

sc red by the Department. Petition, 11. As alleged by Tropiflora, "the Department

de ied Tropiflora's application prior to submitting it to scoring on the ground that

th t Tropiflora 'failed to meet the mandatory requirements of section 381.986(5)(b),

F1trida Statutes.'" Petition,, 11; Petition, Ex. C.

I 4· Indeed, by letter dated November 23, 2015,. the Department notified

Trrpiflora that its DO application was denied. n; Petition, Ex. C. The letter

contained a notice advising Tropiflora of its right to challenge the Department's denial:

"A party whose substantial interests are affected by this agency action may petition for an

ad inistrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes ...

Fa lure to file a petition within 21 days shall constitute a waiver of the right to a hearing

on this agency action." Petition, Ex. C.

5. In December 2015, Tropiflora filed a petition with the Department pursuant

to chapter 120, Florida Statutes, challenging the denial of its DO license application (the

"2J15 Petition"). Petition, 13. The Department referred Tropiflora's 2015 Petition to

Dr for chapter 120 proceedings, and a final hearing was scheduled for August 2016.

See In re Licensure of the Low-TCH Cannabis Dispensing Org. for the Sw. Region,

Dr Case Nos.15-7269, 15-7270, and 15-7272. However, in June 2016, and prior to the

colpletion of the administrative process, Tropiflora voluntarily dismissed its 2015

Petition. See Id. As a result, the administrative process ceased, DOAH relinquished

and the Department entered an Order closing its file on Tropiflora's 2015

Petftion. See DOAH Case No. 15-7269; and DOH Order Closing File (July 29, 2016)

(Atlached as Exhibit A).

6. In a 2017 Special Session, the legislature rewrote section 381.986. See ch.

2 1 17-232, § 3, Laws of Fla.; Petition, 14. The 2017 statute replaced the previous version

I

section 381.986 in its entirety and provided a comprehensive regulatory structure to

ilplement the constitutional amendment adopted by voter referendum in late 2016,

aTcle X, section 29 of the Florida Constitution. See Id. However, the 2017 statute

prvided that former DO applicants could receive MMTC licenses upon meeting certain

st • tutory requirements. § 381.986(8)(a)2.a., Fla. Stat. (2018); Petition, 14.

7. In particular, the Department was directed to issue MMTC licenses to

ap licants meeting the following conditions and requirements:

(8) MEDICAL MARIJUANA TREATMENT CENTERS.-

(a) ...

2. The department shall license as medical marijuana treatment centers 10

applicants that meet the requirements of this section, under the following

parameterS:

a. As soon as practicable, but not later than August 1, 2017, the department

shall license any applicant whose application was reviewed,

evaluated, and scored by the department and which was

denied a dispensing. organization license by the department

under former 381.986, Florida Statutes 2014; which had one or

more judicial challenges pending as of January 1, 2017, or had a final

ranking within one point of the highest final ranking in its region under

formers. 381.986, Florida Statutes 2014; which meets the requirements

of this section; and which provides documentation to the department

that it has the existing infrastructure and technical and technological

ability to begin cultivating marijuana within 30 days after registration as

a medical marijuana treatment center.

§ 381.986, Fla. Stat. (2017) (emphasis added).

8. Thus, eligibility for MMTC licensure pursuant to section 381.986(8)(a)2.a.

is expressly limited to those applicants whose applications were reviewed evaluated, and

by the department and were denied licensure under former section 381.986,

Fl\\rida Statutes (2014). § 381.986(8)(a)2.a., Fla. Stat. (2017); 15. Put another

way, the threshold requirement for licensure is that the entity's application was reviewed,

eJrluated, and scored by the Department.

g. On or about August 3, 2018, Tropiflora submitted to the Department its

reg_uest for MMTC licensure pursuant to section 381.g86(8)(a)2.a., alleging, in relevant

pah, that it had a "prior application" and "one or more administrative judicial challenges

pe\\ ding as of January 1, 2017." See 16; Petition, Ex. E.

10. The Department denied Tropiflora's request on August 8, 2018, concluding,

in relevant part, that Tropiflora did not meet the "threshold criteria" for licensure.

Pe ition, 18; Petition, Ex. A. Thereafter, Tropiflora filed the instant Petition challenging

th. Department's August 8, 2018 agency action.

CONCLUSIONS OF LAW

11. Pursuant to section 120.569(1), Florida Statutes, section 120.57(1) applies

"wtenever the proceeding involves a disputed issue of material fact." Not all facts are

however. Rather, a material fact is one that is essential to resolution of the legal

qu stion in the case. See e.g., Cont'l Concrete Ins. v. Lakes at La Paz III Ltd. P'ship, 758

So. 2d 1214, 1217 (Fla. 4th DCA 2000).

12. In this case, the dispositive facts are undisputed: Tropiflora's 2015 DO

ap,lication was rejected and was never scored by the Department. Indeed, Tropiflora

rep atedly asserts this fact throughout its Petition.

A. Tropiflora Cannot Satisfy the Threshold Requirement for Licensure Under

Section 381.986(8)(a)2.a., Florida Statutes.

13. Pursuant to section 381.986(8)(a)2.a., Florida Statutes, the threshold

req irement for MMTC licensure is that an entity's 2015 DO application "was reviewed,

e iuated and scored by the Department" and that the entity was denied licensure under

forer section 381.986, Florida Statutes (2014) (emphasis added). Once an entity

sarfies this threshold requirement, the entity is eligible for MMTC licensure upon a

sh wing that it either (i) had one or more judicial challenges pending as of January 1,

14. Thus, only after an entity satisfies the initial threshold requirement (i.e., an

application that was reviewed, evaluated and scored by the Department) is it relevant for

t h e iD epartment to assess t e h . . remammg statutory cntena. . .

15. Tropiflora admits throughout its Petition that its 2015 DO application was

scored by the Department. See Petition, 4, 11, 16, 17, 21( c), 21( e), 24, 25. Despite

thil, Tropiflora nonetheless asserts entitlement to MMTC licensure because it "had a prior

application" and "had one or more administrative or judicial challenges pending as of

Ja [ uary 1, 2017." 16; see also Tropiflora's Response to Order to Show Cause,

16. The fact that Tropiflora "had a prior application" is insufficient as a matter

of aw, as section 381.986(8)(a)2.a., Florida Statutes (2018) expressly conditions MMTC

licensure on an application that was "reviewed, evaluated and scored." Likewise, the

exittence of one or more administrative or judicial challenges pending as of January 1,

2ob is irrelevant given Tropiflora's undisputed failure to satisfy the threshold statutory

req irement.

2 one of these two criteria is satisfied, the MMTC applicant must also "provide

to the department that it has existing infrastructure and technical and

tee nological ability to begin cultivating marijuana within 30 days after registration as a

[M TC]." § 381.986(8)(a)2.a., Fla. Stat. (2018)

17. Because Tropiflora has not (and cannot) allege that its 2015 DO application

"las reviewed, evaluated and scored by the Department," Tropiflora is not entitled to

M TC licensure under section 381.986(8)(a)2.a., Florida Statutes.

18. Ordinarily, the Department would grant leave to file an amended petition.

§ 120.569(2)(c), Fla. Stat. (2018). But here it appears from the face of Tropiflora's

Pe ition that it cannot cure the fatal defect to its Petition: Tropiflora's application simply

wt not scored in 2015. Id. Thus, the Department need not provide leave to amend, as

Tropiflora simply cannot make any allegations that could change the immutable fact that

its 2015 application was not scored. See id. (authorizing an agency to dismiss a petition

wirout leave to amend where "it conclusively appears form the face of the petition that

thj defect cannot be cured"); see also See, e.g., Tuten v. Fariborzian, 84 So. 3d 1063, 1069

(Fl . 1st DCA 2012).

1 I, 19. Additionally, the ALJ issued a show cause order directing Tropiflora to

eXIflain "why the undersigned should not relinquish jurisdiction to the Department for

enJry of a final order." Tropiflora filed a response, which has been considered by the

The motif of Tropiflora's Petition and response to the show cause order is

for a variety of reasons, the Department erroneously failed to score Tropiflora's 2015

apJiication. For the reasons explained below, those allegations fail as a matter of law.

B. Principles o(Administrative Finality and Waiver Preclude Tropitzora from

Challenging the Denial ofits 2015 DO Application.

20. Proposed agency action generally becomes final21 days after a substantially

a:f£ cted party receives notice of the agency decision, unless a petition challenging the

action is filed within that time. See, e.g., Fla. Admin. CodeR. 28-106.111(4);

Ca , eletti Bros., Inc. v. State, Dep't ofTransp., 362 So. 2d 346, 348-49 (Fla. 1st DCA 1978).

A arty that fails to challenge final agency action within the 21-day window waives its

o:pportunity to challenge the agency action. See, e.g., Fla. Admin. CodeR. 28-106.111(4);

St Joseph Hasp. of Charlotte, Fla., Inc. v. Dep't of Health & Rehab. Servs., 559 So. 2d

59\ (Fla. 1st DCA 1989); S. Fla. Reg'l Planning Council v. State Land & Water

Adjudicatory Comm'n, 372 So. 2d 159, 166-67 (Fla. 3d DCA 1979).

21. Thus, if an agency provides a clear point of entry to challenge agency

acron-such as the Department's November 2015letter denying Tropiflora's 2015 DO

aprlication and providing a notice of chapter 120 rights-those objections to the agency

ac1tion that could have been asserted in an administrative proceeding are deemed waived.

I .

Sej, e,g,, Klein v, Dep't of Educ,, 908 So, 2d 1097 (Fla, :Lst DCA 2005); Gulf Coast Home

He\\alth Servs. of Fla. v. Dep't of Health and Rehab. Servs., 515 So. 2d 1009 (Fla. 1st DCA

19: 7); HubschmanAssociates, Ltd. v. Collier County, Case No. 93-8-CIV-FTM-21D, 1993

761342, at *1 (M.D. Fla. Dec. 13, 1993) (applying Florida law).

22. Here, Tropiflora initially filed a petition challenging the Department's 2015

deral of Tropiflora's DO application. But Tropiflora voluntarily dismissed its 2015

Peltion in June 2016, thereby abandoning its administrative challenge. As a result, the

Department entered an order closing its file on Tropiflora's 2015 Petition, and the

Defartment's November 2015 denial of Tropiflora's application became final agency

aclon, 23 , Notably, the very issues that Tropiflora complains of here - the

Delartment's 2015 decision not to score Tropiflora's application - were raised by

Tro1 iflora in its 2015 Petition. Had Tropiflora simply pursued the available remedy then,

it ould have had a comparative, formal administrative hearing as was conducted for the

two other applicants in Tropiflora's region. See Plants of Ruskin, Inc. v. Dep't of He'alth,

DOAH Case No. 17-0116, and Tornello Landscape Corp. v. Dep't of Health, DOAH Case

Nt. 17-0117". Perhaps that final hearing would have led to a recommended order and

fir! order granting Tropiflora the relief it sought- a score and licensure. See I d. But

Tropiflora chose to abandon that remedy then.

24. Thus, because Tropiflora voluntarily dismissed its 2015 Petition, the

D,partment 2015 decision may not be challenged or attacked today regardless of whether

tht Department may have acted erroneously in 2015. See, e.g., State, Dep't of Health &

R hab. Servs. v. Barr, 359 So. 2d 503, 505 (Fla. 1st DCA 1978) ("Nothing in the

ag ncy action taken after regular proceedings under other provisions of the Act.")

(e phasis added). Indeed, theALJ explained that even if the 2015 scoring decisions were

er oneous, the agency action challenged here is the denial of licensure in 2018 based on

th. 2017 statutory provisions- not agency action in 2015. See Show Cause Order, p. 1.

Thrs, the question of whether Tropiflora is entitled to licensure pursuant to section

381.986(8)(a)2.a., Florida Statutes (2018) is easily answered as a matter of law:

Trlpiflora has D.ot alleged and cannot allege that it satisfies the criteria for licensure under

seJion 381.986(8)(a)2.a.

Based on the foregoing, the Petition for Formal Administrative Hearing under

[

sec ion 120.57(1), Florida Statutes, is dismissed with prejudice.

3 re Licensure of the Low-TCH Cannabis Dispensing Org.for the Sw. Region, DOAH

Cas 1 e Nos. 15-7270, and 15-7272 were restyled and renumbered for administrative

pu oses by DOAH.

DONE AND ORDERED in Tallahassee, Leon County, Florida this I!J_ day of April

2 19.

. /7

-..

Michele

Deputy Secretary for Operations

Florida Department of Health

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY ADVERSELY AFFECTED BY THIS ORDER IS ENTITLED TO

JUfDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.

:rur:VIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF

AljPELLATE PROCEDURE. A REVIEW PROCEEDING IS INITIATED BY

FljLING A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT

0! HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE WITH THE

COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE

PJ\\RTY RESIDES OR IN THE FIRST DISTRICT COURT OF APPEAL. THE

OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE FILING

DATE OF THIS ORDER.

C pies furnished to:

Brian 0. Finnerty Eduardo Lombard, Esquire

Steven R. Andrews Radey Law Firm

yan J. Andrews 301 S. Bronaugh Street

w Office of Steven R. Andrews, P .A. Suite 200

2 North Monroe Street Tallahassee, Florida 32301

i T llahassee, Florida 32303 [e-mail]

btian andrewslaw.com

andrewslaws.com

andrewslaw.com

Sean I Frazier Glenn Burhans, Jr.

Ito Gigi Rollini

Pfrker, Hudson, Rainer & Dobbs, LLP Stearns Weaver Miller

2f5 South Monroe Street, Suite 750 Weissler Alhadeff & Sitterson, P.A.

Florida 32301 Highpoint Center

[e-mail] 106 East College Avenue, Suite 700

[e-mail] Tallahassee, FL 32301

[e-mail]

[e-mail]

K · rl E. Pearson, Esquire

C : urtney M. William N. Spicola

N. Keller Rd., Smte 401 204 South Monroe Street, Suite 201

Florida 32751 Tallahassee, FL 32301

[e-mail]

[e-mail] .

J.

A. Ecenia

Talna 1 D. Storey

Rj tledge Ecenia, P.A.

11'. South Monroe Street, Suite 202

Ta lahassee, Florida 32301

s [e-mail]

[e-mail]

[e-mail]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been

by electronic mail, regular U.S. mail, and/or by hand delivery to each of the above­

... u ........... persons this ) 9 day of April 2019.

3ArvvvriTh

Agency Clerk

Department of Health

4052 Bald Cypress Way, BIN A-02

Tallahassee, Florida 32399-1703

DONE and ORDERED this 29tb day of July 2016, in

Tallahassee, Florida.

Celeste Philip, MD, MPH

State Surgeon General

Shannon Revels

Agency Clerk

Florida Department of Health

4052 Bald Cypress Way, Bin A02

Tallahassee, Florida 32399-1703

Ph. [phone]

Fax [phone]

COPIES FURNISHED TO:

Nichole Geary

General Counsel

Department of Health

4052 Bald Cypress Way, Bin A-02

Tallahassee, Florida 32399

William Robert Vezina, Esq.

Eduardo S. Lombard, Esq.

Megan S. Reynolds, Esq.

Vezina, Lawrence and Piscitelli, P.A.

413 East Park Avenue

Tallahassee, Florida 32301

Steven R. Andrews

Ryan Joshua Andrews

Brian o. Finnerty

Law Offices of Steven R. Andrews, P.A.

822 North Monroe Street

Florida 32303

:[e-mail]

[e-mail]

P. Manson

Shirzadi

raig Varn

anson Bolves Donaldson, P.A.

101 West Swann Avenue

ampa, Florida 33606

[e-mail]

[e-mail]

[e-mail]

J. Stephen Menton

Tana D. Story

Rutledge Ecenia, P.A.

119 S. Monroe Street, Suite 202

Tallahassee, Florida 32301

[e-mail]

[e-mail]

Howard Ross, Esquire

Battaglia, Ross, Dicus & McQuaid, P.A.

Suite A

5858 Central Avenue

St. Petersburg, Florida 33707

[e-mail]

Cynthia S. Tunnicliff, Esq.

Brandice Davidson Dickson, Esq.

Pennington, P.A.

215 South Monroe Street, Second Floor

Tallahassee, Florida 32302

[e-mail]

Rodney Fields, Esquire

Douglas P. Manson, Esquire

Paria Shirzadi, Esquire

Manson Bolves Donaldson, P.A.

1101 West Swann Avenue

Tampa, Florida 33606

Craig D. Varn, Esq.

Manson, Bolves, Donaldson, Varn

Suite 201

204 South Monroe Street

Tallahassee, Florida 32301

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the

foregoing Order Closing File has been sent by regular U.S.

rail, certified u.s. mail, hand delivery, and/or by inter­

lffice mail to the above-named persons this 28th day of July

j016.

Shannon Revels

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1N RE: LICENSURE OF THE LOW-THC

ANNABIS DISPENSING ORGANIZATION Case Nos. 15-7269

OR THE SOUTHWEST REGION 15-7270

15-7272

Respondent.

___ I

ORDER SEVERING CASE NO. 15-7269 FROM CONSOLIDATED CASES,

CLOSING THE FILE OF DOAH CASE NO. 15-7269,

AND RELINQUISHING JURISDICTION

Before the undersigned is Petitioners TropiFlora, LLC and

ariJ Agricultural, Inc.'s Notice of Withdrawal Without

Prejudice, which was filed on July 28, 2016.

Upon consideration, it is

ORDERED that:

1. DOAH Case No. 15-7269 is hereby served from DOAH Case

N s. 15-7270 and 15-7272.

2. The file of DOAH Case No. 15-7269 is closed.

J risdiction is relinquished to the Department of Health.

DONE AND ORDERED this 28th day of July, 2016, in

T llahassee, Leon County, Florida.

JOHN G. VAN LANINGHAM

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

EXHIBn"

A

Filed with the Clerk of the

Division of Administrative Hearings

this 28th day of July, 2016.

OPIES FURNISHED:

ichole Chere Geary, General Counsel

epartment of Health

in A-02

052 Bald Cypress Way

allahassee, Florida 32399

(eServed)

illiam Robert Vezina, Esquire

Vezina, Lawrence and Piscitelli, P.A.

413 East Park Avenue

Tallahassee, Florida 32301

(eServed)

Andrews

e Law Offices of Steven R. Andrews, P.A.

2 North Monroe Street

llahassee, Florida 32303

Served)

Esquire

ttaglia, Ross, Dicus & McQuaid, P.A.

ite A

58 Central Avenue

. Petersburg, Florida 33707

gan S. Reynolds, Esquire

zina, Lawrence and Piscitelli, P.A.

3 East Park Avenue

llahassee, Florida 32301

Served)

S even R. Andrews, Esquire

T e Law Offices of Steven R. Andrews, P.A.

822 North Monroe Street

T llahassee, Florida 32303

(eServed)

rian 0. Finnerty, Esquire

he Law Offices of Steven R. Andrews, P.A.

22 North Monroe Street

Florida 32303

rian A. Newman, Esquire

ennington, P.A.

15 South Monroe Street, Second Floor

allahassee, Florida 32302

eServed)

ynthia S. Tunnicliff, Esquire

ennington, P.A.

15 South Monroe Street, Second Floor

ost Office Box 10095

Florida 32302

Lombard, Esquire

ezina, Lawrence and Piscitelli, P.A.

413 East Park Avenue

Florida 32301

dney Fields, Esquire

nson Bolves Donaldson, P.A.

01 West Swann Avenue

mpa, Florida 33606

uglas P. Manson, Esquire

nson Bolves Donaldson, P.A.

01 West Swann Avenue

33606

Stephen Menton, Esquire

R· tledge Ecenia, P.A.

1 9 South Monroe Street, Suite 202

st Office Box 551

llahassee, Florida 32301

Served)

Paria Shirzadi, Esquire

ianson Bolves Donaldson, P.A.

1101 West Swann Avenue

ampa, Florida 33606

(eServed)

1ana D. Storey, Esquire

utledge Ecenia, P.A.

uite 202

19 South Monroe Street

1allahassee, Florida 32301

eServed)

randice Davidson Dickson, Esquire

ennington, Moore, Wilkinson,

Bell and Dunbar, P.A.

2nd Floor

215 South Monroe Street

Tallahassee, Florida 32301

( Served)

aig D. Varn, Esquire

nson Bolves Donaldson Varn

ite 201

2 4 South Monroe Street

llahassee, Florida 32301

Served)

S annon Revels, Agency Clerk

of Health

52 Bald Cypress Way, Bin A02

llahassee, Florida 32399-1703

Served)