FRANCES B. GLENN, D.D.S., APPELLANT,
v.
DEPARTMENT OF PROFESSIONAL REGULATION, APPELLEE
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FERGUSON, Judge.
The final order of the Board of Denistry, Department of Professional Regulation suspending appellant’s license to practice dentistry for six months and fining her $1,000.00 is affirmed upon our finding that there is competent substantial evidence to support each of the Agency’s factual determinations of violation of Section 466.-028(1)(g), Florida Statutes (1979), and a violation of Section 466.028(1)(aa).
Upon review of an agency decision, an appellate court may not reweigh or reevaluate the evidence even though the court may disagree with the trial court’s resolution of that conflict. Graham v. Estuary Properties, Inc., 399 So. 2d 1374 (Fla.1981); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976). We note that even if we had determined that any one of the violations was not supported by the evidence, it would have been a useless act to remand on authority of Florida Real Estate Commission v. Webb, 367 So. 2d 201 (Fla.1978) for reconsideration of the length of suspension, which penalty we consider extremely harsh on these facts, in that a single violation under Section 466.-028(1)(aa) mandates a minimum six-month suspension.
Affirmed.
PER CURIAM.
Following the issuance of our opinion of January 12, 1982 we granted appellant’s timely motion for rehearing. On rehearing, we now withdraw our reliance on Section 466.028(1)(aa), Florida Statutes (1979) as preventing remand for reconsideration of the penalty imposed. Though the statute was in effect at the time charges were filed, and possibly at the time of at least some of the alleged illegal acts of Tonya Fogg who was employed by Dr. Glenn until November 1, 1979, Dr. Glenn was not charged with violating Section 466.028(1)(aa), the statute is not mentioned in the Recommended Order of the Hearing Examiner or in the Final Order of Temporary Suspension and the agency does not contend either on appeal or on rehearing that the statute should apply.
Accordingly, since we find the evidence insufficient to support a finding of violation as to the charges of directing and allowing Sandra Novotny to pre-size and cement orthodontic bands onto patients’ teeth, and directing and allowing Anabelle Winnan to clean and polish clinical crowns before obtaining a certificate, we reverse in part the agency’s findings and remand for reconsideration of the penalty. Florida Real Estate Commission v. Webb, 367 So. 2d 201 (Fla.1978).
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Toney Hatfield McDonald Koenemann v. State, 409 So. 2d 1126 (Fla. 3d DCA 1982)…PER CURIAM. Affirmed. Glenn v. Department of Professional Regulation, 410 So. 2d 935 (Fla. 3d DCA 1982); Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976).…
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Frances B. Glenn, D.D.S. v. State, 444 So. 2d 1000 (Fla. 3d DCA 1984)…PER CURIAM. Based on an exception contained in Florida Real Estate Commission v. Webb, 367 So. 2d 201 (Fla.1978), we reversed the penalty imposed on appellant and remanded for reconsideration. Glenn v. Department of Professional Regulation, 410 So. 2d 935 (Fla. 3d DCA 1982). When the matter came before the board, four members thereof recused themselves. This reduced the normal composition of the board from nine to five. The board imposed a penalty of $1,000 and a four-month suspension. Glenn appeals…
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Dep't OF Child. & Families v. Belkis Molina, 951 So. 2d 1011 (Fla. 3d DCA 2007)…h directed that appellee Belkis Molina be reinstated to her position as family services counselor for the Department. We affirm based on our conclusion that the order is supported by competent substantial evidence. See Glenn v. Dep’t of Prof'l Reg., 410 So. 2d 935 (Fla. 3d DCA 1982); § 120.68(10), Fla. Stat. (2006). “When an agency terminates the employment of a career service employee on certain stated grounds, the agency must affirmatively prove the essence of the allegations by a preponderance of the evi…
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Fla. Real Est. Comm'n & Casimir Szpak v. Webb, 367 So. 2d 201 (Fla. 1978)
- Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981)
- Metro. Dade Cnty. v. Sergeant Gerald Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976)