DEPARTMENT OF HEALTH TY CLS. care, JAAS. Drogueria Betances, Inc., os _ . Petitioner, D WVy}-CL05 vs. Case no:. 03-3535 Rendition no.: DOH-03-1974-For- Department of Health, Bureau of Statewide Pharmaceutical Services, Respondent. FINAL ORDER This adjudicatory proceeding was initiated by the Petitioner’s request for an administrative hearing in its letter of July 10, 2003, filed July 14, 2003. At issue is the Petitioner’s application to be permitted as an “Out-of-State Prescription Drug Wholesaler” under the Florida Drug and Cosmetic Act, Chapter 499, Part I, Florida Statutes. The Petitioner was notified of the Department of Health's intent to deny its application by the Bureau of Statewide Pharmaceutical Services’s letter dated July 10, 2003. The Petitioner’s request for an administrative hearing was referred to the Division of Administrative Hearings. On Noveniber 18, 2003, the Petitioner filed a “Notice of Voluntary Dismissal Without Prejudice” of its request for an administrative hearing and its pending application. Counsel for the Department responded pointing out that the Petitioner’s dismissal cannot be without prejudice as to the application which is the subject of this proceeding. The presiding administrative law judge entered an order of January 9, 2003 closing the Division of Administrative Hearings’ file on the basis that the Petitioner’s dismissal amounted to a withdrawal of its pending application, which renders moot the Department's intent to deny the application. I concur. The purpose of an adjudicatory proceeding under section 120.569 and 120.57, Florida Statutes is to finalize agency action, not place it on indefinite hold. See McDonald v. Department of Banking and Finance, 346 So.2d 569, 584 (Fla.1* DCA 1977); Miles v. Florida A and M University, 813 So.2d 242, 247 (Fla. 1* DCA 2002). Neither the Administrative Procedure Act, Chapter 120, Florida Statutes, nor the Final Order, p 2 of 3 Drogueria Betances, Inc., 03-3535 Uniform Rules of Procedure, Chapter 28-106, Florida Administrative Code, authorize dismissal without prejudice. Based on the foregoing, the Petitioner’s application to be permitted as an “Out-of-State Prescription Drug Wholesaler” is deemed withdrawn, the request for an administrative hearing is dismissed with prejudice, and this proceeding is CLOSED DONE and ORDERED this day of Ce 2003, in Tallahassee, Leon County, Florida. JOHN O. AGWUNOBI, M.D., M.B.A. Secretary, Department of Health By: [REQ Ree os Bonita J. Sorensen, M.D., M.B.A. Deputy State Health Officer NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE RULES OF APPELLATE PROCEDURE. JUDICIAL REVIEW IS COMMENCED BY FILING A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES OR THE FIRST DISTRICT COURT OF APPEAL. A NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE FILING OF THIS ORDER. Copy furnished to: Robert Daniti, Esquire Eric Perez-Ochoa, Esquire Department of Health Citibank Towers, suite 1102 Office of the General Counsel 252 Ponce de Leon Avenue 4052 Bald Cypress Way, bin A02 San Juan, Puerto Rico 00918 Tallahassee, Florida 32399 Jerry Hill, Bureau Chief FALR Statewide Pharmaceutical Services Department of Health Hon. Harry Hooper 2818-A Mahan Drive Div. of Administrative Hearings Tallahassee, Florida 32308 DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Final Order, p 3 of 3 Drogueria Betances, inc., 03-3535 CERTIFICATE OF SERVICE I certify that a copy of this FINAL ORDER has been served by ordinary mail via the United States Postal Service, pnterotts il, or by hand delivery to each of the above-named persons this X11 day of ee bar 2000. Crt R. Samuel Power Agency Clerk Department of Health 4052 Bald Cypress Way, bin A02 Tallahassee, Florida 32399-1703 Telephone: (850) 245-4005

Docket for Case No: 03-003535