IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JARED DUANE SLAY, RN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-0089
STATE OF FLORIDA,
DEPARTMENT OF HEALTH,
Respondent.
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Opinion filed April 15, 2015.
An appeal from an order of the Department of Health.
Michael R. D'Lugo of Wicker, Smith, O'hara, McCoy & Ford, P.A., Orlando, for
Petitioner.
Therese A. Savona, Chief Appellate Counsel, Florida Department of Health, for
Respondent.
PER CURIAM.
Appellant petitions for review of a non-final administrative order which
imposed emergency restrictions on his nursing license. Section 120.60(6), Florida
Statutes, permits an emergency restriction of a license so long as “[t]he agency
takes only that action necessary to protect the public interest under the emergency
procedure” and states in writing the “specific facts and reasons for finding an
immediate danger to the public health.” We find that the order recited sufficient
facts and reasons to support the emergency restriction and the restrictions were
narrowly tailored as required to fairly address the public safety pending the formal
administrative action. See Nath v. State Dep’t of Health, 100 So. 3d 1273, 1276
(Fla. 1st DCA 2012); Burton v. State Dep’t of Health, 116 So. 3d 1285, 1286-87
(Fla. 1st DCA 2013).
Therefore, the petition is DENIED.
ROBERTS, SWANSON, and BILBREY, JJ., CONCUR.
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