STEVEN IVEY, v. FLORIDA DEPARTMENT OF TRANSPORTATION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEVEN IVEY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-2958 FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee. _____________________________/ Opinion filed January 10, 2013. An appeal from an order of the Florida Department of Transportation. Sharon S. Day, Executive Assistant. Steven Ivey, pro se, Appellant. Gerald Curington, General Counsel, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellee. PER CURIAM. Upon consideration of appellant s responses to the Court s orders of August 29, 2012, and September 24, 2012, as well as the record on appeal, the Court has determined that the February 15, 2012, letter from the Department constitutes final agency action subject to appellate review under section 120.68, Florida Statutes. However, because the order has not been filed with the agency clerk, it has not yet been rendered. §120.52(7), Florida Statutes; see also Hill v. Div. of Retirement , 687 So. 2d 1376, 1377 (Fla. 1st DCA 1997). Accordingly, the appeal is hereby dismissed as premature. BENTON, C.J., ROBERTS and RAY, JJ., CONCUR. 2

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