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STATE, BD. OF OPTOMETRY v. FLA. SOC. OF OPHTH.

No. 88-142.

538 So.2d 878 (1988)

STATE of Florida, BOARD OF OPTOMETRY; Florida Optometric Association; Frank A. Broome, O.D.; and Howard J. Braverman, O.D., Appellants, v. FLORIDA SOCIETY OF OPHTHALMOLOGY; Florida Medical Association; William J. Broussard, M.D.; Tully C. Patrowicz, M.D.; Baxter H. Byerly, M.D.; and State of Florida, Department of Professional Regulation, Appellees.

District Court of Appeal of Florida, First District.

On Motions for Rehearing and Clarification February 10, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Allen R. Grossman, Asst. Atty. Gen., Tallahassee, for appellant State of Fla., Bd. of Optometry.

Leonard A. Carson and Lucille E. Turner, Carson & Linn, P.A., Tallahassee, for appellants Florida Optometric Ass'n, Frank A. Broome, O.D., and Howard J. Braverman, O.D.

Kenneth G. Oertel, Segundo J. Fernandez, and M. Christopher Bryant, Oertel & Hoffman, P.A., Tallahassee, for appellees.

ZEHMER, Judge.

This section 120.56 rule challenge proceeding involves a determination of the invalidity of rule 21Q-10.001, Florida Administrative Code, and is the companion case to Florida Society of Ophthalmology v. State of Florida Board of Optometry, 532 So.2d 1279 (Fla. 1st DCA 1988) (hereafter cited as Florida Society of Ophthalmology). The Florida Board of Optometry (Board) adopted this rule to implement the...

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