175 So. 3d 815
Fla. Dist. Ct. App.2015Background
- William Kale, Ph.D. sought to defend a Florida Board of Psychology action accusing him of grounds for discipline following a 2013 federal health care fraud conviction.
- The Department of Health filed an Administrative Complaint; the Board held an informal hearing with Kale represented by counsel.
- Kale’s conviction was on appeal; he requested an indefinite suspension pending the appeal with future reconsideration before the Board.
- The Assistant Attorney General advised the Board it could suspend and revisit later but could not revoke based solely on the conviction not being overturned.
- The prosecutor recommended revoking Kale’s license and imposing a $10,000 fine; the Board revoked the license, imposed a $10,000 fine and costs, but stayed the financial penalties for six months pending the criminal appeal.
- Kale appealed, challenging the Board’s authority to indefinitely suspend with retained jurisdiction to revoke if the conviction remained intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board could indefinitely suspend Kale and retain jurisdiction to revoke if the conviction was not overturned | Kale contends the Board could suspend and later revoke if circumstances changed. | Board relied on its interpretation that it cannot indefinitely suspend and retain revocation authority absent a change in circumstance. | Board properly revoked; indefinite suspension with retention of revocation authority is not permitted. |
Key Cases Cited
- Brown v. State, Comm’n on Ethics, 969 So.2d 553 (Fla. 1st DCA 2007) (agency deference on legal interpretation; heightened standards for penalties)
- Mann v. Department of Professional Regulation, Board of Dentistry, 585 So.2d 1059 (Fla. 1st DCA 1991) (finality in administrative actions; potential for change in circumstances to revisit orders)
- Rife v. Department of Professional Regulation, 638 So.2d 542 (Fla. 2d DCA 1994) (agency may revoke based on external licensing decisions even with pending appellate proceedings)