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News and Reports

RECENT DECISIONS OF INTEREST

Recent Cases and Decisions of Interest

Another Reason to Avoid "Informal" 120.57(2) Hearings

In proceedings under 120.57(2), the Third District Court of Appeal affirmed a final order of the Board of Medicine imposing, among other things, a one-year suspension.

The Court found that Section 120.57(2) contains no requirement that an agency that wishes to deviate from a recommended order shall review the record and state with particularity the reasons for the modification. The Department of Health recommended a thirty-day supsension, the physician recommened no suspension. The Board imposed a one-year suspension, with six months stayed under conditions. Carlos C. Vicaria. M.D. v. Department of Health, Fla.3DCA, June 3, 1998. Case Number 97-1364, 23 Fla.L.Weekly D1328.