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ROGERS v. BD. OF FUNERAL DIRECTORS & EMBALMERS

No. HH-221.

363 So.2d 1177 (1978)

Arnett P. ROGERS and House of Rogers Funeral Home, Petitioners, v. BOARD OF FUNERAL DIRECTORS AND EMBALMERS, Respondent.

District Court of Appeal of Florida, First District.

November 14, 1978.

Attorney(s) appearing for the Case

Bartley K. Vickers of Mahon, Farley & Vickers, Jacksonville, for petitioners.

Robert L. Shevin, Atty. Gen., and Thomas M. Beason, Asst. Atty. Gen., Tallahassee, for respondent.

SMITH, Judge.

Respondent Board of Funeral Directors and Embalmers is without statutory authority to revoke the funeral home license of petitioner House of Rogers Funeral Home for violation of rules of the Board, as distinguished from statutes. Section 470.12, Florida Statutes (1977). The Board was therefore without jurisdiction to revoke the license of House of Rogers Funeral Home for violation of Rules 21J-8.02, 21J-11.03(a), and 21J-11.04, Fla. Admin. Code, pertaining...

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