Vicaria v. Department of Health

The only thing in issue at what amounted to the appellant’s sentencing hearing after a guilty plea — which, by statutory definition, could “not [involve] disputed issues of material fact,” § 120.57(2), Fla. Stat. (1997)1 — was *289the penalty to be imposed for his admitted violations. It is therefore inconceivable to me that section 120.57(2)(a)32 can refer to anything but the Board’s ruling on that penalty. Conversely, the contrary view — that the “written explanation” the agency must file refers solely and instead to its reasons for overruling an objection to “evidence” presented at the hearing…