Department of Health & Rehabilitative Services v. Zeigler

ON MOTION FOR REHEARING EN BANC

W. SHARP, Judge.

Appellant, Department of Health and Rehabilitative Services, State of Florida, moves for a rehearing en banc, contending that our opinion in these two consolidated cases is inconsistent with Belflower v. Department of Health and Rehabilitative Services, 578 So.2d 827 (Fla. 5th DCA 1991), which was released on the same day. Because a majority of the judges on this *603court agree the two decisions are in conflict, we grant appellant’s motion for en banc rehearing. We withdraw our prior opinion and issue the following one in its place.

This proceeding…