Opinion

Shamp v. Board of Orthotists & Prosthetists

  • 781 So. 2d 1124
  • 2001 Fla. App. LEXIS 1316
  • 2001 WL 120068
Court
District Court of Appeal of Florida
Filed
Feb 14, 2001
Status
Published
On the bench
Browning, Kahn, Lewis
Cited by
0 cases
Authority
More cited than 0.8%

The opinion

PER CURIAM.

N. Joseph Shamp (Appellant) appeals a final order of the State of Florida Board of Orthotists and Prosthetists (Appellee) finding Appellant ineligible for licensure pursuant to section 468.805, Florida Statutes (1997), and denying his application for Florida licensure. Appellant, who has more than 20 years’ out-of-state experience in the field of orthotics and prosthet-ics, moved to Florida to practice in 1996 and filed an application for Florida licen-sure in 1999. He argues that the provision in section 468.805(1) requiring 5 years of experience “in this state” in lieu of certain educational requirements violates substantive due process and the protections provided in the Privileges and Immunities Clause, the “dormant” Commerce Clause, and the Equal Protection Clause. At oral argument, Appellee asserted that the ap *1125 propriate avenue for Appellant to seek relief is a declaratory action in the circuit court addressing the statute’s constitutionality. See § 86.011, Florida Statutes (1997); Butler v. State, Dep’t of Insur., 680 So.2d 1103 (Fla. 1st DCA 1996). Given the paucity of the record, we affirm, without prejudice to Appellant’s right to seek any appropriate relief in the circuit court on the constitutional issues raised in this appeal. See Great House of Wine, Inc. v. Florida Dep’t of Business & Professional Regulation, 752 So.2d 728 (Fla. 3d DCA 2000).

AFFIRMED.

KAHN, BROWNING and LEWIS, JJ., concur.

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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