Opinion
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.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Petition to Review Non-Final Agency Action-Original Jurisdiction.
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.