Valdez v. Department of Professional Regulations, Board of Pharmacy
Valdez v. Department of Professional Regulations, Board of Pharmacy
Opinion of the Court
Dulce Secades Valdez, a pharmacist and president of La Universal Drug, Inc., entered a plea of no contest to charges of second-degree grand theft of $103.85, arising from the pharmacy’s unwarranted recovery of medicaid funds.
On appeal, Ms. Valdez contends that the Board’s confusion as to her identity caused it to impose such an unusually severe penalty that she was deprived of due process of law. Specifically, she challenges the fairness of her hearing. A review of the record reveals that the Board was extremely confused about the person whose conduct it was considering. Although the owner of the pharmacy and secretary of La Universal Drug, Inc., was Thomas Valdez, the Board continually referred to Ms. Valdez as “Mr. Valdez” and even as “the owner in charge of the pharmacy.” Thus, the Board’s revocation of Ms. Valdez’s license is not supported by substantial competent evidence, § 120.68(10), Fla.Stat. (1985), but
We reverse and remand for a de novo penalty hearing. See Florida Real Estate Comm’n v. Webb, 367 So.2d 201 (Fla. 1978).
Reversed and remanded.
. The pharmacy submitted false medicaid claims for $119.46 and received payments in the sum of $103.85. Purchasers were permitted to trade prescriptions for merchandise.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.