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Shah v. Department of Health

District Court of Appeal of Florida, First District
Jan 23, 2002
804 So. 2d 615 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D01-1629

Opinion filed January 23, 2002.

An appeal from an order of the Department of Health, Board of Medicine.

Jack D. Hoogewind, Dade City, for Appellant.

Lisa Pease, Senior Appellate Attorney, Agency for Health Care Administration, Tallahassee, for Appellee.


Appellant, Zafar Shah, M.D., appeals a Final Order of the Florida Board of Medicine which revokes his license to practice medicine in the State of Florida. Because the order fails to state the reasons for increasing the penalty recommended by the Administrative Law Judge with the requisite particularity required by section 120.57(1)(l), Florida Statutes (2001), we reverse and remand the cause to the Florida Board of Medicine with directions to enter a new order which either accepts the penalty recommendation made by the ALJ, or reimposes the increased penalty stating, with particularity, the reasons for increasing the penalty, as required by section 120.57(1)(l). See Pages v. Department of Prof'l Regulation, Bd. of Med., 542 So.2d 456 (Fla. 3d DCA 1989); Van Ore v. Board of Med. Exam'rs, 489 So.2d 883 (Fla. 5th DCA 1986); Lazarus v. Department of Prof'l Regulation, Bd. of Med. Exam'rs, 461 So.2d 1022 (Fla. 3d DCA 1985).

REVERSED and REMANDED.

BARFIELD, WOLF and DAVIS, JJ., CONCUR.


Summaries of

Shah v. Department of Health

District Court of Appeal of Florida, First District
Jan 23, 2002
804 So. 2d 615 (Fla. Dist. Ct. App. 2002)
Case details for

Shah v. Department of Health

Case Details

Full title:ZAFAR SHAH, M.D., Appellant, v. DEPARTMENT OF HEALTH, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jan 23, 2002

Citations

804 So. 2d 615 (Fla. Dist. Ct. App. 2002)

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