Legal Opinion

Florida Nutrition Counselors Ass'n v. Department of Business & Professional Regulation, Board of Medicine, Dietetics & Nutrition Practice Council

District Court of Appeal of Florida

Decided August 10, 1995No. 94-1764Published

1Opinion of the Court

WENTWORTH, Senior Judge.

This is an appeal by Florida Nutrition Counselors Association (FNCA) from a final order of a hearing officer entered after evi-dentiary hearing on a rule challenge under section 120.54, Florida Statutes. The order invalidated one rule for vagueness but upheld four of the rule amendments proposed by the Board of Medicine (Board) and the Dietetics and Nutrition Council (Council), a sub-agency -within the Florida Department of Business and Professional Regulation (DBPR). We affirm as to Rules 21M — 49.002(6)1 and 21M-50.002(3)(j), but reverse as to Rules 21M-50.002(3)(f),…

2Cases cited3 opinions

  1. Agrico Chemical Co. v. STATE, ETC.District Court of Appeal of Florida · 1979
  2. State Bd. of Medical Examiners v. RogersSupreme Court of Florida · 1980
  3. Staten v. CouchDistrict Court of Appeal of Florida · 1987

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