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

District Court of Appeal of Florida, Third District
Mar 3, 1987
503 So. 2d 432 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2157.

March 3, 1987.

Appeal from the Board of Medical Examiners.

Flynn Tarkoff, Miami, for appellant.

Stephanie A. Daniel, Tallahassee, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.


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 Zaldivar'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(1)(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 reasons, 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.


Summaries of

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

District Court of Appeal of Florida, Third District
Mar 3, 1987
503 So. 2d 432 (Fla. Dist. Ct. App. 1987)
Case details for

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

Case Details

Full title:ORLANDO J. ZALDIVAR, M.D., APPELLANT, v. DEPARTMENT OF PROFESSIONAL…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 3, 1987

Citations

503 So. 2d 432 (Fla. Dist. Ct. App. 1987)

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