Butler v. Board of Nursing
This text of 107 So. 3d 1184 (Butler v. Board of Nursing) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Rodger Butler appeals the Florida Board of Nursing’s final order revoking his state nursing license, alleging he was denied due process when he was not notified of the final hearing at which his license was revoked. The Department of Health concedes that, although the failure to properly notify Butler was unintentional, it is nevertheless a material procedural error requiring reversal and remand. See § 120.68(7)(c) Fla. Stat.(2011).
Accordingly, we REVERSE the Board’s final order revoking Butler’s nursing license and REMAND for a new hearing, with instructions that Butler be provided adequate notice and an opportunity to be heard in accordance with federal and state principles of due process.
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Cite This Page — Counsel Stack
107 So. 3d 1184, 2013 WL 541111, 2013 Fla. App. LEXIS 2295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-board-of-nursing-fladistctapp-2013.