John E. Terrel, of Howell, Buchan & Strong, Tallahassee, for Appellant. Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
Appeal from the Department of Health. Lower Tribunal No. 2020-01825
John E. Terrel, of Howell, Buchan & Strong, Tallahassee, for Appellant.
Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for Appellee.
Upon concession of error, we conclude the Board of Speech Language Pathology abused its discretion when it imposed penalties for Appellant's violations of sections 456.072(1)(m) and 468.1295(1)(v), Florida Statutes (2019), without properly including aggravating circumstances in the Final Order. See § 456.079(3),
This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.
Fla. Stat. (2019) ("A specific finding in the final order of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines."); see also Fernandez v. Fla. Dep't of Health, Bd. of Nursing, 82 So.3d 1202, 1204 (Fla. 4th DCA 2012) (finding that the penalty had to be reversed because the board did not include specific findings of aggravating circumstances in the final order; however, the holding was without prejudice to the board imposing a harsher penalty, provided it complied with section 456.079(3)). As a result, we reverse and remand this case with instructions that the Board enter an amended Final Order consistent with this opinion. On remand, the Board may amend its Final Order to include aggravating circumstances if applicable or an appropriate penalty in the absence of aggravating circumstances. We reject the remainder of Appellant's arguments.
REVERSED and REMANDED, with instructions.
STARGEL and NARDELLA, JJ., concur.