Kaplan v. State, Dep't of Health, 45 So. 3d 19 (Fla. 1st DCA 2010). · Go Syfert
Kaplan v. State, Dep't of Health, 45 So. 3d 19 (Fla. 1st DCA 2010). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: Gerard Kruse v. State of Florida, Department of Health, etc. (fladistctapp, 2019-04-16)
Top citers, strongest first. 9 distinct citers.
cited Cited as authority (rule) Gerard Kruse v. State of Florida, Department of Health, etc.
Fla. Dist. Ct. App. · 2019 · confidence medium
See Mendelsohn v. Dep’t of Health, 68 So. 3d 965, 967 (Fla. 1st DCA 2011); Kaplan v. State, Dep’t of Health, 45 So. 3d 19, 20 (Fla. 1st DCA 2010).
cited Cited as authority (rule) Valls v. Dept. of Health
Fla. Dist. Ct. App. · 2018 · confidence medium
Kaplan v. Dep’t of Health, 45 So. 3d 19, 21 (Fla. 1st DCA 2010); Bio-Med Plus, 915 So. 2d at 672 .
discussed Cited as authority (rule) Lawler v. State, Department of Health
Fla. Dist. Ct. App. · 2017 · confidence medium
See Nath v. Dep’t of Health, 100 So.3d 1273, 1276 (Fla. 1st DCA 2012); Kaplan v. Dep’t of Health, 45 So.3d 19, 20-21 (Fla. 1st DCA 2010); Field v. Dep’t of Health, 902 So.2d 893, 895 (Fla. 1st DCA 2005); § 120.60(6), Fla. Stat. (2016).
discussed Cited as authority (rule) Osakatukei O. Omulepu, M.D. v. State of Florida Department of Health
Fla. Dist. Ct. App. · 2016 · confidence medium
“In addition to alleging an ‘immediate serious danger,’ courts require the factual allegations of an [emergency order] to demonstrate that ‘(1) the complained of conduct is likely to continue; (2) the order, is necessary to stop the emergency; and (3) the order is sufficiently narrowly tailored to be fair.’ ” Nath v. Dep’t of Health, 100 So.3d 1273, 1276 (Fla. 1st DCA 2012) (emphasis added) (quoting Kaplan v. Dep’t of Health, 45 So.3d 19, 21 (Fla. 1st DCA 2010)).
discussed Cited as authority (rule) Zane Paul Webber v. State of Florida, Dept. of Business etc. (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
Nath, 100 So.3d at 1276 (quoting Kaplan v. State, Dept of Health, 45 So.3d 19, 21 (Fla. 1st DCA 2010)).
discussed Cited as authority (rule) Failer v. State, Department of Health
Fla. Dist. Ct. App. · 2014 · confidence medium
Additionally, the factual allegations in an emergency suspension order must demonstrate that “(1) the complained of conduct is likely to continue; (2) the order is necessary to stop the emergency; and (3) the order is sufficiently narrowly tailored to be fair.” Nath v. State Dept. of Health, 100 So.3d 1273, 1276 (Fla. 1st DCA 2012) (quoting Kaplan v. Dep’t. of Health, 45 So.3d 19, 21 (Fla. 1st DCA 2010)).
discussed Cited as authority (rule) Nath v. State Department of Health
Fla. Dist. Ct. App. · 2012 · confidence medium
In addition to alleging an “immediate serious danger,” courts require the factual allegations of an ESO to demonstrate that: “(1) the complained of conduct is likely to continue; (2) the order is necessary to stop the emergency;, and (3) the order is sufficiently narrowly tailored to be fair.” Kaplan v. Dep’t of Health, 45 So.3d 19, 21 (Fla. 1st DCA 2010); see also Bio-Med Plus, Inc. v. Dep’t of Health, 915 So.2d 669, 672 (Fla. 1st DCA 2005).
cited Cited "see" Hunter v. Department of Financial Services
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Kaplan v. State, Dep’t of Health, 45 So.3d 19 (Fla. 1st DCA 2010); Bio-Med Plus, Inc. v. State, Dep’t of Health, 915 So.2d 669 (Fla. 1st DCA 2005).
discussed Cited "see, e.g." Mendelsohn v. State, Department of Health
Fla. Dist. Ct. App. · 2011 · signal: see also · confidence medium
The general rule is that an ESO will not be upheld unless the order on its face sets out “the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and [DOH’s] reasons for concluding that the procedure used is fair under the circumstances.” § 120.60(6)(c), Fla. Stat. (2010); see also Kaplan v. State, Dep’t of Health, 45 So.3d 19, 20 (Fla. 1st DCA 2010) (citing Crudele v. Nelson, 698 So.2d 879, 880 (Fla. 1st DCA 1997)).
Steven L. KAPLAN, M.D., Petitioner,
v.
STATE of Florida, DEPARTMENT OF HEALTH, Respondent
1D10-2493.
District Court of Appeal of Florida, First District.
Jul 23, 2010.
45 So. 3d 19
Monica L. Rodriguez of Dresnick & Rodriguez, Miami, for Petitioner., Elizabeth Renee Alsobrook, Deputy General Counsel, Florida Department of Health, Tallahassee, for Respondent.
Hawkes, Kahn, Webster.
Cited by 10 opinions  |  Published
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). Moreover, the review of such an order is limited to the face of the order itself, and the order must disclose “the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and [the Department’s] reasons for concluding that the procedure used is fair under the circumstances.” § 120.60(6)(c), Fla. Stat. (2009).

Many cases have construed the dictates of the statute. First, and obvious from the wording of the statute, “every element necessary to its validity must appear on the face of the order.” Witmer v. Dep’t of Bus. and Prof'l Regulation, 631 So.2d 338, 341 (Fla. 4th DCA 1994). The reviewing court must focus not simply on charges of statutory violations, but instead, upon “particularized facts which demonstrate an immediate danger to the public.” Crudele v. Nelson, 698 So.2d 879, 880 (Fla. 1st DCA 1997). The factual allegations of[*21] a legally sufficient emergency suspension order must demonstrate: (1) the complained of conduct is likely to continue; (2) the order is necessary to stop the emergency; and (3) the order is sufficiently narrowly tailored to be fair. See Bio-Med Plus, Inc. v. State, Dep’t of Health, 915 So.2d 669, 672 (Fla. 1st DCA 2005).

The allegations in the order before us do not contain so much as a single allegation of particularized harm. Although the Department states certain conclusions, the order contains no facts showing that the conduct complained of was likely to continue, or that the order here under review is necessary to stop any emergency created by the conduct complained of. Most pointedly, and as demonstrated by petitioner, the conduct complained of involved treatment of one patient and occurred over three years before entry of the ESO. No harm to that patient, or any other patient, has been alleged by the Department.

Because respondent has failed to satisfy even a most basic application of section 120.60(6), we QUASH the emergency suspension order under review. See e.g. Bio-Med Plus, 915 So.2d at 669 (quashing emergency suspension order which lacked any factual allegations showing immediate danger to public health, safety, or welfare, despite pendency of a federal indictment against target of the order).

HAWKES, C.J., and WEBSTER, J., concur.