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MARTIN v. DEPT. OF PROFESSIONAL REGULATION

No. 85-989.

485 So.2d 39 (1986)

George MARTIN, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF OPTICIANRY, Appellee.

District Court of Appeal of Florida, Second District.

March 19, 1986.

Attorney(s) appearing for the Case

Charles J. Bartlett of Icard, Merrill, Cullis, Timm & Furen, P.A., Sarasota, for appellant.

Edward C. Hill Jr., Dept. of Professional Regulation, Tallahassee, for appellee.

SANDERLIN, Judge.

This is an administrative appeal of an agency's final order entered against appellant. We reverse and remand.

According to section 120.57(1)(b) 9, Florida Statutes (1985):

[t]he agency may adopt the recommended order as the final order of the agency. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the recommended order...

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