Background
Ermane Samuel Alexandre appealed a final order of the Florida Board of Massage Therapy revoking his license to practice massage therapy.
Alexandre argued that he had not been properly served with the administrative complaint and therefore lacked notice of the proceeding and an opportunity to request a hearing. The Department of Health conceded on appeal that the Board had erred by entering the final order without proper notice.
The Court’s Holding
The Florida First District Court of Appeal accepted the Department’s concession of error. It set aside the Board’s final order revoking Alexandre’s massage-therapy license because the order was entered without proper notice.
The court remanded the matter for further proceedings. It expressly declined to state any view on the merits of the allegations in the administrative complaint.
Key Takeaways
- A professional-licensing board may not enter a final disciplinary order without properly notifying the licensee.
- Failure of service that deprives a licensee of notice and an opportunity to request a hearing requires the resulting order to be set aside.
- The remand permits further proceedings but does not resolve the underlying allegations against Alexandre.
Why It Matters
The decision underscores that administrative licensing agencies must comply with notice and service requirements before imposing professional discipline. Even when serious sanctions are at issue, procedural protections cannot be bypassed.
The ruling is limited to the defective notice and leaves the Board free to address the administrative complaint through proper proceedings on remand.