From Casetext: Smarter Legal Research

Astaphan v. Department of Health

District Court of Appeal of Florida, First District.
Apr 20, 2022
336 So. 3d 872 (Fla. Dist. Ct. App. 2022)

Opinion

No. 1D22-0607

04-20-2022

Joseph A. ASTAPHAN, M.D., Petitioner, v. State of Florida DEPARTMENT OF HEALTH, Respondent.

Sean M. Ellsworth of Ellsworth Law Firm, P.A., Miami Beach, for Petitioner. Sarah Young Hodges, Chief Appellate Counsel, Department of Health, Tallahassee, for Respondent.


Sean M. Ellsworth of Ellsworth Law Firm, P.A., Miami Beach, for Petitioner.

Sarah Young Hodges, Chief Appellate Counsel, Department of Health, Tallahassee, for Respondent.

Per Curiam.

The petitioner seeks review of the Department of Health's emergency restriction order pertaining to his medical license. The order contains sufficiently detailed facts satisfying the requirements set out in section 120.60(6), Florida Statutes, and we do not have the authority here to weigh the evidence or look behind those averments to question their veracity. There in turn is ample factual detail in the order to establish a credible concern of a continuing public danger and a necessity for emergency action. The facts also support the conclusion that the restriction placed on the petitioner's license was narrowly tailored to meet the threat appearing on the face of the order. This is the extent of our review. See § 120.60(6)(c), Fla. Stat. ("The agency's findings of immediate danger, necessity, and procedural fairness are judicially reviewable.").

DENIED .

Osterhaus, Nordby, and Tanenbaum, JJ., concur.


Summaries of

Astaphan v. Department of Health

District Court of Appeal of Florida, First District.
Apr 20, 2022
336 So. 3d 872 (Fla. Dist. Ct. App. 2022)
Case details for

Astaphan v. Department of Health

Case Details

Full title:Joseph A. ASTAPHAN, M.D., Petitioner, v. State of Florida DEPARTMENT OF…

Court:District Court of Appeal of Florida, First District.

Date published: Apr 20, 2022

Citations

336 So. 3d 872 (Fla. Dist. Ct. App. 2022)

Citing Cases

Delisi v. State

Denied. See Astaphan v. Dep't of Health, 336 So.3d 872 (Fla. 1st DCA 2022). B.L. Thomas, Kelsey, and…