Dr. Mann appeals an order by the Board of Dentistry (board) denying his motion for modification of а suspension from the practice of dentistry. On September 26, 1986, the board suspended appellant from the practice of dentistry for a period of 10 years. No appeal from that order of discipline was taken. In June 1990, appellant filed a motion for modificаtion with the Board of Dentistry.
Respondent’s Motion for Modification does not seek tо correct a clerical error or an inadvertent mistake. Rather, the motion is Respondent’s third attempt in approximately four years since the final order was filed to change the final terms within the Final Order. The Board has no jurisdiction to modify its Final Order at this time. Peoples Gas Systems, Inc. v. Mason,187 So.2d 335 (Fla.1966); Austin Tyler (sic) Trucking, Inc. v. Hawkins,377 So.2d 679 (Fla.1979) [;] Taylor v. Depаrtment of Professional Regulation, Board of Medical Examiners,520 So.2d 557 (Fla.1988); Systems Management Associates, Inc. v. State, Department of Health and Rehabilitative Services,391 So.2d 688 (Fla. 1st DCA 1980); and AGO 88-40.
We find that the final order is ambiguous and remand to the board for further proceedings. See Alachua County v. Department of Highway Safety,
The final order in this case may be read and interpreted in two distinct ways. The first interpretation would be that the board is totally devoid of jurisdiction to modify previously rendered disciplinary orders.
In Peoples Gas System v. Mason,
Florida, however, is among those jurisdictions holding that such agencies do have inherent power to reconsider final orders which are still under their control. However, the decisions of this court clearly say this inherent аuthority to modify is a limited one.
Id. at 338 (citations omitted).
In Austin Tupler Trucking, Inc. v. Hawkins,
In Wood v. Department of Professional Regulation, Board of Dentistry,
In the instаnt case, although we are dealing with suspension for a specified period of time (nоt revocation), we are also unwilling to say that the board is precluded in all cases from ever revisiting such an order.
Alternatively, if the board’s order constituted a summary denial of appellant’s petition because it contained insufficient faсts to justify modification, the order does not apprise the petitioner or this court sufficiently as to the reason the petition was defective. Alachua County v. Department of Highway Safety,
Therefore, the order of the bоard is vacated and the case is remanded for proceedings consistent with this opiniоn.
Notes
.The board had denied two prior motions to modify made by the appellant. The record before the court contains the prior orders issued by the board as to these modificаtion requests. It appears that on at least one occasion the board cоnsidered the merits of the motion.
. A reading of the transcript and the appellee's brief, аnd a review of the oral argument would reflect that this was the position of the board.
. For example, the petition contains no allegations of a change of circumstanсes.
. Such a ruling would be inappropriate, especially in cases such as this which involve conditions of suspension, thereby implying continuing oversight and jurisdiction by the board.
