Carter v. Department of Professional Regulation, Board of Optometry

I do not agree that the appealed order should be affirmed. I conclude that the inordinate delays and multiple statutory time limit violations by the Department of Professional Regulation and the Board of Optometry require reversal and remand with directions to dismiss the charges. I do not agree with the majority opinion that Appellant was required to show actual prejudice under the test enunciated by the supreme court in Department of Business Regulation v. Hyman, 417 So.2d 671 (Fla.1982), and that such test should be applied to the facts of this case. I do agree, in view of the majority’s…