WILLARD HIRAM GIBSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Showntail the Legend, LLC v. State of Fla. Dep't of Bus. & Prof'l Reg. (Fla. 1st DCA 2020)
  …er Servs., 849 So. 2d 1132, 1136 (Fla. 1st DCA 2003) (requiring specific facts that demonstrate a “level of urgency” regarding harm to seniors). An agency’s “[g]eneral conclusory predictions of harm are not sufficient.” Daube v. Dep’t of Health, 897 So. 2d 493, 495 (Fla. 1st DCA 2005). Hyperbole and breathless statements should not carry the day. Insisting on specific facts is especially critical in a case like this one, where DBPR’s assertion of probable harm had nothing to do with the regulation of…
• Bio-Med Plus, Inc. v. State, 915 So. 2d 669 (Fla. 1st DCA 2005)
  …d in the Department’s order is general and conclusory and relates to actions in excess of two years old. “General con-clusory predictions of harm are not sufficient to support the issuance of an emergency suspension order.” Daube v. Dep’t of Health, 897 So. 2d 493, 495 (Fla. 1st DCA 2005). While the Department does allege that Bio-Med’s blood products have been “per se adulterated” because they were distributed by parties not authorized to do so under section 499.006(10),2 the ESO contains no factual allegati…
• Steven A. Field, M.D. v. State, 902 So. 2d 893 (Fla. 1st DCA 2005)
  …e.g., Witmer v. Dep’t of Bus. and Prof'l Regulation, 631 So. 2d 338 (Fla. 4th DCA 1994). Fairness requires that the order provide a remedy that is tailored to address the harm and provide for an administrative hearing. See Daube v. Dep’t of Health, 897 So. 2d 493 (Fla. 1st DCA 2005); Premier Travel Int'l Inc. v. Dep’t of Agric., 849 So. 2d 1132, 1137 (Fla. 1st DCA 2003); White Constr. Co., Inc. v. State, Dep’t of Transp., 651 So. 2d 1302, 1305 (Fla. 1st DCA 1995). Section 120.60(6)(c) requires, in cases of s…

Authorities Cited

• Bover v. State, 797 So. 2d 1246 (Fla. 2001)
• Miller Seabrooks v. State, 817 So. 2d 934 (Fla. 4th DCA 2002)
• Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002)