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BOARD OF MEDICINE v. VAZQUEZ

No. 1D08-1914.

11 So.3d 994 (2009)

BOARD OF MEDICINE, Appellant, v. Francisco VAZQUEZ, M.D., Appellee.

District Court of Appeal of Florida, First District.

May 29, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General; Edward A. Tellechea, Senior Assistant Attorney General; Garnett W. Chisenhall, Donna Canzano McNulty and Lisa Ann McGlynn, Assistant Attorneys General, Tallahassee, for Appellant.

Stephen T. Maher of Shutts & Bowen, LLP, Miami; Michael P. Gennett of Akerman Senterfitt, Miami, for Appellee.

PER CURIAM.

We affirm in all respects the finding of the administrative law judge that the challenged agency statement constitutes a rule which has not been adopted pursuant to section 120.54, Florida Statutes.

AFFIRMED.

KAHN, THOMAS, and ROBERTS...

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