Zaldivar v. Department of Professional Regulation, Board of Medical Examiners

District Court of Appeal of Florida

Zaldivar v. Department of Professional Regulation, Board of Medical Examiners

503 So. 2d 432, 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 11997

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1987

DocketNo. 86-2157

StatusPublished

Cited by1 cases

This text of 503 So. 2d 432 (Zaldivar v. Department of Professional Regulation, Board of Medical Examiners) 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.

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Zaldivar v. Department of Professional Regulation, Board of Medical Examiners, 503 So. 2d 432, 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 11997 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This is an appeal from a final administrative order of the Florida Board of Medical Examiners, which order rejects the hearing examiner’s recommended lesser penalty and revokes the appellant Orlando Zaldi-var’s license to practice medicine in Florida. The sole point raised on appeal is that the order of revocation is defective under Section 120.57(l)(b)(9), Florida Statutes (1985), because it contains no specific citations to the record to support the particularized reasons stated in the order for increasing the recommended penalty. We disagree and affirm.

The subject order admittedly states “with particularity [the Board’s] reasons” for increasing the recommended penalty as required by the above statute; these rea[433]*433sons, we think, contain sufficient factual data so that the statutory requirement that the order “cit[e] to the record” in support of its reasons is entirely met. § 120.-57(1)(b)(9), Fla.Stat. (1985). Explicit record citations were therefore unnecessary in this case.

Affirmed.

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PER CURIAM.

This is an appeal from a final administrative order of the Florida Board of Medical Examiners, which order rejects the hearing examiner’s recommended lesser penalty and revokes the appellant Orlando Zaldi-var’s license to practice medicine in Florida. The sole point raised on appeal is that the order of revocation is defective under Section 120.57(l)(b)(9), Florida Statutes (1985), because it contains no specific citations to the record to support the particularized reasons stated in the order for increasing the recommended penalty. We disagree and affirm.

The subject order admittedly states “with particularity [the Board’s] reasons” for increasing the recommended penalty as required by the above statute; these rea[433]*433sons, we think, contain sufficient factual data so that the statutory requirement that the order “cit[e] to the record” in support of its reasons is entirely met. § 120.-57(1)(b)(9), Fla.Stat. (1985). Explicit record citations were therefore unnecessary in this case.

Affirmed.

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503 So. 2d 432, 12 Fla. L. Weekly 665, 1987 Fla. App. LEXIS 11997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zaldivar-v-department-of-professional-regulation-board-of-medical-fladistctapp-1987.

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