# Florida Board of Optometry v. Florida Board of Medicine

> District Court of Appeal of Florida · April 5, 1993 · 616 So. 2d 581

URL: https://www.frixlaw.com/law-library/cases/7627931

## Case

- **Full name:** FLORIDA BOARD OF OPTOMETRY, Florida Optometric Association, Albert Aran, M.D., Philip Dagostino, O.D., Paul E. Garland, M.D., and John McClane, III, O.D., and Florida Nurses Association, Intervenor/Appellant v. FLORIDA BOARD OF MEDICINE, and Florida Medical Association and Waite S. Kirkconnell, M.D., Intervenors/Appellees
- **Court:** District Court of Appeal of Florida
- **Decided:** April 5, 1993
- **Citations:** 616 So. 2d 581; 1993 Fla. App. LEXIS 3674; 1993 WL 96765
- **Precedential status:** Published
- **Opinion:** Dissent by Zehmer
- **Judges:** Barfield, Ervin, Zehmer
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7627931

## Opinion text

ZEHMER, Judge
(Dissenting).
I conclude that the rule in question, rule 21M-20.015, constitutes an invalid exercise of delegated legislative authority because it exceeds the statutory authority delegated to the Board of Medicine by the statutes cited as authority for this rule, and that the implementation of this rule as presently framed will adversely affect appellants, individually or in their representative capacities. Therefore, the appealed order errs in denying appellants standing to challenge the validity of the rule and errs in upholding the validity of the rule. Accordingly, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7627931. Public record. Not legal advice.