CENTER FOR CARDIOVASCULAR EXCELLENCE FLORIDA SOUTH LLC v. DEPARTMENT OF HEALTH (2025)

Affirmed.

I concur. See Tillman v. Dep't of Highway Safety & Motor Vehicles, 355 So. 3d 566, 568 (Fla. 1st DCA 2023) (holding that the appellant waived his right to a formal hearing by electing an informal hearing and failing to object or request a formal hearing later despite multiple opportunities to do so); Gonzalez v. Dep't of Health, 120 So. 3d 234, 236–37 (Fla. 1st DCA 2013) (“When it becomes apparent during an informal hearing that material facts are in dispute, an administrative board must grant a request for a formal hearing. However, it is not the responsibility of the administrative board to terminate an informal hearing when a disputed issue of material fact becomes apparent if not requested to do so.” (emphasis added) (citations omitted)); Mendez v. Fla. Dep't of Health, 943 So. 2d 909, 911 (Fla. 1st DCA 2006) (“This court cannot substitute its judgment for that of an administrative agency, charged with implementing and enforcing its own statute, when that agency has imposed a penalty within the permissible range of penalties.”); Aldrete v. Dep't of Health Bd. of Med., 879 So. 2d 1244, 1246 (Fla. 1st DCA 2004) (“Penalty imposition is a complex task requiring the ALJ, in making a recommendation, and the Board, in choosing a penalty, to weigh numerous factors․ We cannot say on appeal that [the physician's] penalty was excessive based on the allegation that others, in [the physician's] opinion, received more favorable treatment.”).

Per Curiam.

B.L. Thomas and Ray, JJ., concur; Kelsey, J., concurs in result with opinion.