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Adenike ADEBIYI, Appellant, v. DEPARTMENT OF HEALTH, BOARD OF NURSING, Appellee.

District Court of Appeal of Florida, Fourth District2018-06-13No. No. 4D17–3852
244 So. 3d 335

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Opinion

majority opinion

Per Curiam.

We reverse the final order of the Board of Nursing suspending appellants nursing license because the board issued the order pursuant to an informal hearing when a formal hearing was required. When it became apparent in the informal hearing that the appellant disputed the underlying facts of the proceeding, a formal hearing should have been convened. See § 120.57(1), Fla. Stat. (2017) ; DeRosa v. State, Dept of Fin. Servs. , 175 So.3d 946 (Fla. 4th DCA 2015) ; Campbell v. Dept of Bus. & Profl Regulation , Div. of Real Estate , 868 So.2d 1265, 1266 (Fla. 4th DCA 2004). Although appellee contends that appellant waived her right to a formal hearing, there is no written or oral waiver from appellant in the record-only emails from appellees counsel assuming that appellant waived her right to a formal hearing. No election of an informal hearing is in the record, but there is a handwritten note from appellant stating that she wished to have a hearing to present her case; thus, this indicates appellant disputed the facts surrounding the Departments proposed suspension.

Reversed and remanded for a formal hearing.

Warner, Gross and Taylor, JJ., concur.