Willner v. Department of Professional Regulation, Bd. of Medicine, 89-2237
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | ALLEN |
| Citation | 563 So.2d 805 |
| Parties | 15 Fla. L. Weekly D1723 Robert E. WILLNER, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE, Appellee. |
| Docket Number | No. 89-2237,89-2237 |
| Decision Date | 26 June 1990 |
Page 805
v.
DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE, Appellee.
First District.
Rehearing Denied July 30, 1990.
Page 806
Joseph C. Jacobs, Margaret A. McCall, Robert M. Ervin, Jr. of Ervin, Varn, Jacobs, Odom & Ervin, Tallahassee, for appellant.
Lisa S. Nelson of the Dept. of Professional Regulation, Tallahassee, for appellee.
ALLEN, Judge.
This is an appeal by Robert E. Willner, M.D., from a final order of the Department of Professional Regulation, Board of Medicine, appellee. In its final order, appellee adopted the recommended order of the hearing officer, who had concluded that appellant was guilty of ten violations of Section 458.331(1), Florida Statutes (1981, 1983, & 1985). Appellee imposed a fine in the amount of $50,000 ($5,000 per violation); suspended appellant's medical license for one year; and placed him, upon reinstatement of his license, on two years probation, subject to the special condition that he pay $60,000 to the Department of Legal Affairs, Division of General Legal Services, for use in consumer protection. We find (1) that three of the violations, and the fines therefor, must be set aside, because they were not charged in the administrative complaints filed against appellant; (2) that the penalties for the seven remaining violations were imposed in violation of the ex post facto provisions of the state and federal constitutions; and (3) that the special condition of probation was imposed in violation of Article I, Section 18 of the Florida Constitution. Consequently, we modify the final order to comply with the requirements of law.
First, appellant correctly argues that three of the violations were not charged in the administrative complaints against him. We, therefore, set aside the findings of guilt and the fines for violation of Section 458.331(1)(h), Florida Statutes (1981); Section 458.331(1)(t), Florida Statutes (1981); and Section 458.331(1)(n), Florida Statutes (1983). Davis v. Department of Professional Regulation, 457 So.2d 1074 (Fla. 1st DCA 1984).
Next, appellant argues that the fines imposed against him are in violation of the ex post facto provisions of the state and federal constitutions. We agree. In 1986, Section 458.331(2)(d), Florida Statutes, was amended to increase the amount of the maximum administrative fine which could be assessed by...
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Commissioner of Insurance's March 24, 1992 Order Regarding Jan. 24, 1992 Rate Filing by Market Transition Facility of N.J., Matter of
...Sheeran v. Progressive Life Ins. Co., 182 N.J.Super. 237, 440 A.2d 469 (App.Div.1981); Willner v. Department of Prof'l Reg., 563 So.2d 805 (Fla.Dist.Ct.App.1990), rev. denied, 576 So.2d 295 (Fla.1991); 1 Kenneth C. Davis, Administrative Law Treatise § 3:11 (2d There is another feature of th......
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Childers v. Department of Environmental Protection, 96-4182
...in effect at the time grounds for disciplinary action arise controls. See Willner v. Department of Prof'l Regulation, Bd. of Med., 563 So.2d 805 (Fla. 1st DCA 1990)(holding statutory amendment after violation took place did not authorize larger fine); Department of Transp. v. James, 403 So.......
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Henry v. State, 89-2783
...sentence is imposed. That is an incorrect reading of McNair. McNair was decided under the 1987 version of the habitual offender statute. 563 So.2d at 805. At that time, habitual offender dispositions were subject to the sentencing guidelines. State v. Brown, 530 So.2d at 53. Since the trial......
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Smith v. Fla. Dep't of Bus. & Prof'l Regulation, 1D15–0129.
...; Chrysler v. Department of Professional Regulation, 627 So.2d 31 (Fla. 1st DCA 1993) ; Willner v. Department of Professional Regulation, 563 So.2d 805 (Fla. 1st DCA 1990), review denied, 576 So.2d 295 (Fla.1991) ; Celaya v. Department of Professional Regulation, 560 So.2d 383 (Fla. 3d DCA ......
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Commissioner of Insurance's March 24, 1992 Order Regarding Jan. 24, 1992 Rate Filing by Market Transition Facility of N.J., Matter of
...Sheeran v. Progressive Life Ins. Co., 182 N.J.Super. 237, 440 A.2d 469 (App.Div.1981); Willner v. Department of Prof'l Reg., 563 So.2d 805 (Fla.Dist.Ct.App.1990), rev. denied, 576 So.2d 295 (Fla.1991); 1 Kenneth C. Davis, Administrative Law Treatise § 3:11 (2d There is another feature of th......
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Childers v. Department of Environmental Protection, 96-4182
...in effect at the time grounds for disciplinary action arise controls. See Willner v. Department of Prof'l Regulation, Bd. of Med., 563 So.2d 805 (Fla. 1st DCA 1990)(holding statutory amendment after violation took place did not authorize larger fine); Department of Transp. v. James, 403 So.......
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Henry v. State, 89-2783
...sentence is imposed. That is an incorrect reading of McNair. McNair was decided under the 1987 version of the habitual offender statute. 563 So.2d at 805. At that time, habitual offender dispositions were subject to the sentencing guidelines. State v. Brown, 530 So.2d at 53. Since the trial......
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Smith v. Fla. Dep't of Bus. & Prof'l Regulation, 1D15–0129.
...; Chrysler v. Department of Professional Regulation, 627 So.2d 31 (Fla. 1st DCA 1993) ; Willner v. Department of Professional Regulation, 563 So.2d 805 (Fla. 1st DCA 1990), review denied, 576 So.2d 295 (Fla.1991) ; Celaya v. Department of Professional Regulation, 560 So.2d 383 (Fla. 3d DCA ......