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Siess v. Department of H R Services

District Court of Appeal of Florida, Second District
May 8, 1985
468 So. 2d 478 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1219.

May 8, 1985.

Appeal from the Department of Health and Rehabilitative Services.

Stephen H. Haskins of Haskins Taylor, Clearwater, for appellant.

Barbara Ann Dell McPherson, District V Legal Counsel, Clearwater, for appellee.


We affirm the revocation of appellant's license to operate an adult congregate living facility.

An agency may reject a hearing officer's conclusions of law. Alles v. Department of Professional Regulation, 423 So.2d 624 (Fla. 5th DCA 1982). The agency concluded as a matter of law that the violations found by the hearing officer amounted to "a substantial danger to health and welfare." Section 400.414(2)(a), Florida Statutes (1983), authorizes revocation of a license for acts "seriously affecting the health, safety, or welfare of a resident." We construe the agency's conclusion of law as falling within this statutory ground for revocation.

This court is without authority to review the penalty imposed by the agency because that penalty is permitted by section 400.414. See Florida Real Estate Commission v. Webb, 367 So.2d 201 (Fla. 1978).

AFFIRMED.

RYDER, C.J., and OTT and LEHAN, JJ., concur.


Summaries of

Siess v. Department of H R Services

District Court of Appeal of Florida, Second District
May 8, 1985
468 So. 2d 478 (Fla. Dist. Ct. App. 1985)
Case details for

Siess v. Department of H R Services

Case Details

Full title:LYDIA SIESS, D/B/A BAYVIEW SUPERIOR RETIREMENT HOME, APPELLANT, v…

Court:District Court of Appeal of Florida, Second District

Date published: May 8, 1985

Citations

468 So. 2d 478 (Fla. Dist. Ct. App. 1985)

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