         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-2036
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STATE OF FLORIDA, DEPARTMENT
OF FINANCIAL SERVICES,

    Appellant,

    v.

CHOICE PLUS, LLC,

    Appellee.
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On appeal from a Final Order of the Division of Administrative
Hearings.
Yolanda Y. Green, Administrative Law Judge.

                        February 11, 2019


PER CURIAM.

     AFFIRMED. See State, Agency for Health Care Admin. v.
Planned Parenthood of Sw. & Cent. Fla., Inc., 207 So. 3d 1032 (Fla.
1st DCA 2017; Bank of America v. Turkanovic, 204 So. 3d 595 (Fla.
1st DCA 2016) (holding trial court lacks jurisdiction to impose
sanctions if the case is voluntarily dismissed within the safe
harbor period in section 57.105(4), Florida Statutes, and before a
motion for sanctions is filed); Town of Davie v. Santana, 98 So. 3d
262 (Fla. 1st DCA 2012) (holding that administrative law judge
lacked jurisdiction to award attorney’s fees under section
120.595(1), Florida Statutes, once the petition was dismissed, the
case was closed and no motion for attorney’s fees was pending).
B.L. THOMAS, C.J., and JAY and M.K. THOMAS, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Lori Lynn Jobe, Assistant General Counsel of the Department of
Financial Services, Tallahassee, for Appellant.

Michael J. Farrar of Michael J. Farrar, P.A., Aventura, for
Appellee.




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