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FERNANDEZ v. DEPARTMENT OF HEALTH

Case No. 1D16-0050.

223 So.3d 1055 (2017)

Daniel R. FERNANDEZ and Dax J. Lonetto, Sr., PLLC, Appellants, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellee, and Bactes Imaging Solutions, Inc., and HealthPort Technologies, LLC, Intervenors.

District Court of Appeal of Florida, First District.

Opinion filed April 11, 2017.

Attorney(s) appearing for the Case

David M. Caldevilla and Nicolas Q. Porter of de la Parte & Gilbert, P.A., Tampa; and Scott R. Jeeves , St. Petersburg, for Appellants.

Pamela Jo Bondi , Attorney General, Marlene K. Stern and Edward Tellechea , Assistant Attorneys General, Tallahassee, for Appellees.

Michael Fox Orr and Amanda E. Ferrelle , Jacksonvile, for Intervenor Bactes Imaging Solutions, Inc.

Dan R. Stengle , Tallahassee, for Intervenor HealthPort Technologies, LLC.

Appellants, petitioners below, appeal the Administrative Law Judge's final order which held that the adopted but not yet ratified amendment to rule 64B8-10.003, Florida Administrative Code, was not an invalid exercise of the legislative authority delegated to the Department of Health, Board of Medicine. Appellants fail to establish that...

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