AINALEZ LOPEZ, S. L. P.
v.
DEPT. OF HEALTH
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The Sixth District Court of Appeal reversed the Board of Speech Language Pathology's disciplinary penalties imposed on Ainalez Lopez, S.L.P., finding the Board abused its discretion by failing to properly include aggravating circumstances in the Final Order as required by statute. The Court remanded for the Board to enter an amended order either including specific findings of aggravating circumstances or imposing an appropriate penalty without them.
The Board abused its discretion by imposing penalties without properly including aggravating circumstances in the Final Order. Section 456.079(3) requires specific findings of mitigating or aggravating circumstances in the final order to justify deviating from guideline penalties. The case is reversed and remanded to allow the Board to enter an amended Final Order either including specific findings of aggravating circumstances or imposing an appropriate penalty consistent with the guidelines.
[1] A board abuses its discretion when imposing penalties for statutory violations without properly including aggravating circumstances in its final order.
[2] A specific finding of aggravating circumstances in a final order allows a board to impose a penalty other than that provided for in guidelines.
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Join FLexlaw to unlock all legal intelligence“A specific finding in the final order of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines.”
Establishes the statutory requirement that section 456.079(3) mandates specific findings of aggravating or mitigating circumstances to justify departure from guideline penalties.
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Join FLexlaw to unlock all legal intelligenceAinalez Lopez, S.L.P., a licensed speech-language pathologist, violated sections 456.072(1)(m) and 468.1295(1)(v), Florida Statutes (2019). The Board …
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SASSO, C.J.
Upon concession of error, we conclude the Board of Speech Language Pathology abused its discretion when it imposed penalties for Appellant’s violations of sections 456.072(1)(m) and 468.1295(1)(v), Florida Statutes (2019), without properly including aggravating circumstances in the Final Order.1 See § 456.079(3),
Fla. Stat. (2019) (“A specific finding in the final order of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines.”); see also Fernandez v. Fla. Dep’t of Health, Bd. of Nursing, 82 So. 3d 1202, 1204 (Fla. 4th DCA 2012) (finding that the penalty had to be reversed because the board did not include specific findings of aggravating circumstances in the final order; however, the holding was without prejudice to the board imposing a harsher penalty, provided it complied with section 456.079(3)). As a result, we reverse and remand this case with instructions that the Board enter an amended Final Order consistent with this opinion. On remand, the Board may amend its Final Order to include aggravating circumstances if applicable or an appropriate penalty in the absence of aggravating circumstances. We reject the remainder of Appellant’s arguments. REVERSED and REMANDED, with instructions. STARGEL and NARDELLA, JJ., concur. John E. Terrel, of Howell, Buchan & Strong, Tallahassee, for Appellant.
Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for Appellee.