BOARD OF MEDICINE, v. FRANCISCO VAZQUEZ, M.D.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BOARD OF MEDICINE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-1914 FRANCISCO VAZQUEZ, M.D., Appellee. _____________________________/ Opinion filed May 29, 2009. An appeal from Division of Administrative Hearings. Larry J. Sartin, Judge. Bill McCollum, Attorney General; Edward A. Tellechea, Senior Assistant Attorney General; Garnett W. Chisenhall, Donna Canzano McNulty and Lisa Ann McGlynn, Assistant Attorneys General, Tallahassee, for Appellant. Stephen T. Maher of Shutts & Bowen, LLP, Miami; Michael P. Gennett of Akerman Senterfitt, Miami, for Appellee. PER CURIAM. We affirm in all respects the finding of the administrative law judge that the challenged agency statement constitutes a rule which has not been adopted pursuant to section 120.54, Florida Statutes. AFFIRMED. KAHN, THOMAS, and ROBERTS, JJ., CONCUR. 2

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