STATE OF FLORIDA, APPELLANT,

v.

JAMES H. ROBINSON, APPELLEE

Citator

Cited By

• BIG Bend Hospice, Inc. v. Agency FOR Health Care Admin. & Covenant Hospice, Inc., 904 So. 2d 610 (Fla. 1st DCA 2005)
  …886 So. 2d 1007, 1009 (Fla. 1st DCA 2004), a review of an order of an administrative agency begins “with the usual recognition of deference to an agency’s interpretation of a statute it is charged to administer.” See also Ocampo v. Dep’t of Health, 806 So. 2d 633, 634 (Fla. 1st DCA 2002); Florida Dep’t of Ins. & Treasurer v. Bankers Ins. Co., 694 So. 2d 70 (Fla. 1st DCA 1997). However, a reviewing court can overturn the agency’s interpretation of a statute if the interpretation is clearly erroneous. Id.; see…
• Residential Plaza AT Blue Lagoon, Inc. v. Agency for Health Care Admin., 891 So. 2d 604 (Fla. 1st DCA 2005)
  …appellant’s request for a formal administrative hearing. Specifically, AHCA took the position that section 400.407(3)(b)l. mandated denial of the license renewal. Because AHCA’s construction was erroneous, we reverse. See Ocampo v. Dep’t of Health, 806 So. 2d 633 (Fla. 1st DCA 2002). We also grant appellant’s motion for attorney’s fees filed under section 120.595(5), Florida Statutes (2002). Appellant Residential Plaza at Blue Lagoon, Inc. (RPBL) is an assisted living facility (ALF) in Miami-Dade County. RP…
• Ellinwood v. Bd. of Architecture & Interior Design, 835 So. 2d 1269 (Fla. 1st DCA 2003)
  …upheld its denial of Ellin-wood’s application. Although an agency’s interpretation of a statute it administers is entitled to deference, this court can overturn the agency’s interpretation if it is clearly erroneous. See Ocampo v. Dep’t of Health, 806 So. 2d 633, 634 (Fla. 1st DCA 2002). The Board’s application of the five-year degree requirement to both paragraph (b) and (c) is clearly erroneous. Section 481.213(3) is unambiguous and must be given its plain meaning. See Holly v. Auld, 450 So. 2d 217, 219 (…

Authorities Cited

• Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)