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BORGNER v. BROOKS

No. 01-12098.

284 F.3d 1204 (2002)

Richard A. BORGNER, American Academy of Implant Dentistry, Plaintiffs-Appellees, v. Robert G. BROOKS, Florida Board of Dentistry, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 6, 2002.

Attorney(s) appearing for the Case

Robert Daniti, Senior Attorney, Dept. of Health, Barry Richard, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Tallahassee, FL, Elliot B. Kula, Greenberg Traurig, P.A., Miami, FL, for Defendants-Appellants.

Frank Recker, Frank R. Recker & Associates Co., LPA, Marco Island, FL, Marilyn J. Marshall, Tallahassee, FL, for Plaintiffs-Appellees.

Before WILSON, HILL and FAY, Circuit Judges.

WILSON, Circuit Judge:

This case presents an issue of first impression: whether the disclosure provision of Florida Statutes section 466.0282, which requires Florida-licensed dentists to include disclaimers when advertising specialty areas not recognized by the state and when advertising credentials from non-state approved credentialing organizations, places an unconstitutional ban on commercial speech. The district court...

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