Opinion

Jamie Deroin, D.V.M. v. State of Florida, Department of Business and Professional Regulation, Board of Veterinary Medicine

  • 160 So. 3d 516
  • 2015 Fla. App. LEXIS 4275
  • 2015 WL 1334301
Court
District Court of Appeal of Florida
Filed
Mar 25, 2015
Status
Published
Author
Damoorgian
On the bench
Damoorgian, Conner, Forst
Cited by
1 cases
Authority
More cited than 46.5%

recognizing that statutes authorizing sanctions or penalties against a person’s professional license are to be interpreted in favor of the licensee

How later courts described this case

  • recognizing that statutes authorizing sanctions or penalties against a person’s professional license are to be interpreted in favor of the licensee

Written by the judges who cited it.

The opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JAMIE DEROIN, D.V.M.,

Appellant,

v.

STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE,

Appellee.

No. 4D13-4093

[March 25, 2015]

Appeal from the State of Florida, Department of Business and

Professional Regulation, Board of Veterinary Medicine, Case No.

2012-046327.

David S. Romanik of David S. Romanik, P.A., Oxford, for appellant.

Garnett W. Chisenhall and J. Layne Smith, Tallahassee, for appellee.

DAMOORGIAN, C.J.

Jamie DeRoin, D.V.M., appeals the State of Florida, Department of

Business and Professional Regulation (“DBPR”), Board of Veterinary

Medicine’s final order imposing discipline against her veterinary license.

We affirm in part and reverse in part.

Dr. DeRoin is a veterinarian licensed by the DBPR Board of Veterinary

Medicine (“the Board”). She also holds an occupational license issued by

the DBPR Division of Pari-Mutuel Wagering (“PMW”), which allows her to

provide veterinary care to racehorses at pari-mutuel facilities. On

August 25, 2012, Dr. DeRoin was late to administer medication to a

racehorse at a pari-mutuel facility and as a result, the horse was

scratched from the race.

On September 22, 2012, Dr. DeRoin participated in an informal

hearing before one of the state stewards.1 At the hearing, Dr. DeRoin

1 Rule 61D-3.001(2) of the Florida Administrative Code requires that each

horseracing permitholder “establish a board of three stewards, at least one of

admitted that she was late to treat the horse and the state steward

informed her that she would be fined $200. Dr. DeRoin did not receive a

written order at that time and she did not report the ruling to the Board.

On November 9, 2012, Dr. DeRoin saw the state steward at the racing

office and inquired about the written order. The state steward informed

her that he gave the order to the horsemen’s bookkeeper the day before.

Dr. DeRoin went to see the bookkeeper and paid the fine that day.

The DBPR learned about the PMW ruling during an investigation of

Dr. DeRoin that commenced on November 1, 2012. Thereafter, the

DBPR filed an administrative complaint alleging that Dr. DeRoin violated

paragraphs (b) and (jj) of section 474.214(1), Florida Statutes (2012).

Paragraph (b) allows the Board to discipline a veterinarian who has “a

license or the authority to practice veterinary medicine revoked,

suspended, or otherwise acted against . . . by the licensing authority of

any jurisdiction, including any agency or subdivision thereof.” See

§ 474.214(1)(b), Fla. Stat. Paragraph (jj) allows the Board to discipline a

veterinarian for “failing to report to the board within 30 days, in writing,

any action set forth in paragraph (b) that has been taken against the

practitioner’s license to practice veterinary medicine by any jurisdiction,

including any agency or subdivision thereof.” § 474.214(1)(jj), Fla. Stat.

Dr. DeRoin requested a formal administrative hearing pursuant to

section 120.57(1), Florida Statutes (2012), alleging that the complaint

concerned disputed issues of material fact. The DBPR denied Dr.

DeRoin’s formal hearing request and the Board conducted an informal

hearing. The Board concluded that Dr. DeRoin violated section

474.214(1)(b) based on the PMW ruling. The Board also concluded that

Dr. DeRoin violated section 474.214(1)(jj) based on her failure to

self-report the ruling to the Board within thirty days of the written order.

The Board issued an order imposing a $1,000 fine against Dr. DeRoin for

both violations and requiring her to retake and pass the Florida

Veterinary Medicine Laws and Rules Examination. This appeal follows.

Because we agree that Dr. DeRoin violated section 474.214(1)(b)

based on the PMW ruling, we recognize that she was obligated to report

the ruling to the Board in writing within thirty days of the written order.

See § 474.214(1)(jj), Fla. Stat. The DBPR maintains that the thirty-day

whom shall be the state/division steward selected and hired by the division.”

Fla. Admin. Code R. 61D-3.001(2). The board of stewards hears alleged

violations of the statutes and rules governing horseracing and must issue a

written order within fourteen days after the hearing. Fla. Admin. Code

R. 61D-3.001(2), (19).

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reporting period began on September 22, 2012—the date Dr. DeRoin

appeared before the state steward and received oral notice of the $200

fine. Dr. DeRoin counters that the reporting period did not commence

until she received the PMW’s written order.

Section 474.214(1)(jj), Florida Statutes does not specify when the

thirty-day reporting period commences. It merely allows the Board to

impose discipline on a veterinarian for “failing to report to the board

within 30 days, in writing” any adverse action taken against his or her

license to practice veterinary medicine. § 474.214(1)(jj), Fla. Stat.

Although we generally defer to an agency’s interpretation of the statutes

it administers, statutes authorizing sanctions or penalties against a

person’s professional license “are deemed penal in nature and must be

strictly construed, with any ambiguity interpreted in favor of the

licensee.” See Elmariah v. Dep’t of Prof’l Regulation, Bd. of Med., 574 So.

2d 164, 165 (Fla. 1st DCA 1990). In light of this standard, the imprecise

language of section 474.214(1)(b), and the administrative rule requiring

three stewards to issue a written order, see Fla. Admin. Code

R. 61D-3.001(2), (19), we hold that the oral notice Dr. DeRoin received

from a single state steward was insufficient to trigger the thirty-day

reporting period.

The record does not establish when the written order was signed by

three stewards or if and when the written order was sent to Dr. DeRoin.

Therefore, it is impossible for us to determine when the thirty-day

reporting period commenced. Because administrative cases involving

disputed issues of material fact must be referred to the Division of

Administrative Hearings, see § 120.57(1), Fla. Stat.; Gonzalez v. Dep’t of

Bus. & Prof’l Regulation, 958 So. 2d 494, 495 (Fla. 3d DCA 2007), we

hold that Dr. DeRoin was entitled to a formal administrative proceeding.

Accordingly, we reverse and remand this case for a formal hearing to

determine when the written order was entered and whether Dr. DeRoin

violated section 474.214(1)(jj) by failing to report the ruling to the Board

within thirty days of that date. We affirm in all other respects.

Affirmed in part, Reversed in part, and Remanded.

CONNER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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