RALPH E. SKULLESTAD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sanchez v. State of Fla. Dep't OF Health, 225 So. 3d 964 (Fla. 1st DCA 2017)
  …iscussion in Nath that “agencies employing the procedure must ‘explain why less harsh remedies ... would have been insufficient to stop the harm alleged,’” Nath, 100 So. 3d at 1276, and resembles Machiela v. Department of Health, Board of Optometry, 995 So. 2d 1168 (Fla. 4th DCA 2008), where the court reversed a suspension because it determined that merely requiring a second person in the room would sufficiently protect the public (Machiela involved an optometrist who repeatedly exposed himself to minors durin…
• Kelli A. Burton, R.N. v. State, 116 So. 3d 1285 (Fla. 1st DCA 2013)
  …See Nath, 100 So. 3d at 1276 (quashing emergency suspension of acupuncturist accused of sexual misconduct with two patients; emergency order could have provided for supervised patient sessions); Machiela v. State, Dep’t of Health, Bd. of Optometry, 995 So. 2d 1168, 1169 (Fla. 4th DCA 2008) (quashing emergency suspension of optometrist who pled guilty to indecent exposure, for exposing himself to minor patients during eye examinations, as optometrist entitled to [*1287] “less restrictive, but equally effective…
• Eric Lang, D.O. v. State (Fla. 1st DCA 2020)
  …rest.” § 120.60(6)(b), Fla. Stat. (2019). We have disapproved harsh discipline imposed by agencies when less severe remedies are sufficient to stop the alleged harm. See, e.g., Nath, 100 So. 3d at 1276; Machiela v. Dep’t of Health, Bd. of Optometry, 995 So. 2d 1168, 1171 (Fla. 4th DCA 2008). Here, the ERO concluded that only a complete prohibition on Dr. Lang’s seeing female patients would protect public safety. There was no additional analysis of available remedies. The Department didn’t evaluate, for example…