EVIDENCE-BASED ASSOCIATES, v. STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA EVIDENCE-BASED ASSOCIATES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petitioner, CASE NO. 1D13-0852 v. STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, Respondent. ___________________________/ Opinion filed March 4, 2013. Petition to Review Non-Final Agency Action -- Original Jurisdiction. Robert H. Hosay and James A. McKee of Foley & Lardner, LLP, Tallahassee, for Petitioner. John Milla, Assistant General Counsel, Department of Juvenile Justice, Tallahassee, for Respondent. PER CURIAM. We find that the Department of Juvenile Justice s Certification Memorandum fails to satisfy the statutory standard of Section 120.57(3)(c), Florida Statutes. See Cianbro Corp. v. Jacksonville Transportation Authority, 473 So. 2d 209 (Fla. 1st DCA 1985). The petition for review of non-final agency action is therefore GRANTED and the Department s Certification memorandum is QUASHED. The statutory stay shall remain in effect pending resolution of bid protest proceedings. WOLF, THOMAS and ROBERTS, JJ., CONCUR. 2

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