AMERICAN MEDICAL ACADEMY, INC.,
v.
STATE OF FLORIDA BOARD OF NURSING,

Fla. 3d DCA | 2020-09-09
No. 19-2101
Florida District Court of Appeal, Third District (2020)


Opinion of the Court
Lobree

HENDON, J.

We affirm. In our review of the administrative decision of the State of

Florida, Board of Nursing (“Board”), we find that there was no violation of American Medical Academy’s right to procedural due process and that the record on appeal shows that the Board’s decision was supported by competent and substantial evidence. See § 464.019(5)(a)2., Fla. Stat. (2018) (providing, in part, that “[i]f an approved program’s graduate passage rates do not equal or exceed the required passage rates for 2 consecutive calendar years, the board shall place the program on probationary status pursuant to chapter 120 . . . .”); A & S Entm’t, LLC v. Fla. Dep’t of Revenue, 282 So. 3d 905, 908 (Fla. 3d DCA 2019) (“[T]he final agency decision cannot be reversed unless the action taken is not supported by competent, substantial evidence in the record. Other grounds for reversing that agency’s final action include a material error in procedure or failure to follow proper procedure, an error in interpreting applicable law and an abuse of delegated discretion or violation of constitutional or statutory provisions. Absent any such grounds, the administrative action shall be affirmed.”) (internal citations omitted).

Affirmed.


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