CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 7561, 1991 WL 53881
...ions concerning section
455.225(4) could be avoided depending on state court construction of that section in relation with (1) section 455.-208, Florida Statutes (1988), and (2) the Administrative Procedure Act, Florida Statutes, chapter 120 (1988). Section
455.208 allows the DPR and the board to advise licensees, through the publication of a newsletter, of information of interest to the industry....
...Although section 455.-225(4) states that letters of guidance shall be sent to the licensee, the DPR and the board published letters of guidance to Rindley in such a newsletter. The district court posited that the dissemination of letters of guidance through the newsletter is not authorized by section 455.208, and that such a conclusion could moot the federal constitutional questions because Rindley’s due process might not be violated if the letters of guidance were not so publicized. The district court’s proposed interpretation of section 455.208 does not substantially avoid Rindley’s due process claims....
...an internal affairs report constitutes sufficient publication to implicate liberty interests requiring procedural due process protection. Regardless, therefore, of whether publication of the letters of guidance in a state newsletter is authorized by section 455.208, because the probable cause finding makes the letter part of the public record, the publication alleged in Rindley’s complaint raises a federal constitutional question to which the *1556 interpretation of section 455.208 is immaterial....
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Cited as authorityOrvis (2007)phrase: "rule_authority"
CopyPublished | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 10206, 1989 WL 99085
..." For example, §
455.225(3) states that the letter of guidance shall be sent to the licensee. However, according to the complaint, the Defendants have been publishing the letters of guidance in a newsletter which is disseminated to dentists. F.S.A. §
455.208 (1988) gives the DPR and Board the authority to "advise licensees periodically, through the publication of a newsletter, about information that the department or the board determines is of interest to the industry." Whether Defendants have the authority to publicize the letters of guidance in their newsletter under §
455.225 or §
455.208 is a fair question of law, which may moot the federal constitutional questions....
...h arise. F.S.A. Ch. 455. Furthermore, review by federal courts in this area could have a disruptive effect. In our case, it will be necessary to construe several sections, including but not necessarily limited to §§
455.225(3),
120.57,
120.68, and
455.208....
