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KAPLAN v. STATE, DEPT. OF HEALTH

No. 1D10-2493.

45 So.3d 19 (2010)

Steven L. KAPLAN, M.D., Petitioner, v. STATE of Florida, DEPARTMENT OF HEALTH, Respondent.

District Court of Appeal of Florida, First District.

July 23, 2010.

Attorney(s) appearing for the Case

Monica L. Rodriguez of Dresnick & Rodriguez, Miami, for Petitioner.

Elizabeth Renee Alsobrook , Deputy General Counsel, Florida Department of Health, Tallahassee, for Respondent.

KAHN, J.

Petitioner, Dr. Stephen L. Kaplan, seeks review of an emergency suspension order (ESO), suspending his medical license, entered by the respondent, State of Florida, Department of Health. Such an ESO is subject to the exacting standards of section 120.60(6), Florida Statutes (2009). Under this statute, the Department may take only "that action necessary to protect the public interest under the emergency procedure . . . ." § 120.60(6)(b), Fla. Stat. (2009...

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