Full Opinion

Third District Court of Appeal State of Florida Opinion filed September 9, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-2101 Lower Tribunal No. 19-1538-FOI-MQA ________________ American Medical Academy, Inc., Appellant, vs. State of Florida, Board of Nursing, Appellee. An Appeal from the State of Florida, Board of Nursing. Leon & Saltiel, PLLC, and Matthew Carcano and Moises A. Saltiel, for appellant. Ashley Moody, Attorney General, and Marlene K. Stern, Senior Assistant Attorney General (Tallahassee), for appellee. Before FERNANDEZ, HENDON, and LOBREE, JJ. HENDON, J. We affirm. In our review of the administrative decision of the State of Florida, Board of Nursing (“Board”), we find that there was no violation of American Medical Academy’s right to procedural due process and that the record on appeal shows that the Board’s decision was supported by competent and substantial evidence. See § 464.019(5)(a)2., Fla. Stat. (2018) (providing, in part, that “[i]f an approved program’s graduate passage rates do not equal or exceed the required passage rates for 2 consecutive calendar years, the board shall place the program on probationary status pursuant to chapter 120 . . . .”); A & S Entm’t, LLC v. Fla. Dep’t of Revenue, 282 So. 3d 905, 908 (Fla. 3d DCA 2019) (“[T]he final agency decision cannot be reversed unless the action taken is not supported by competent, substantial evidence in the record. Other grounds for reversing that agency’s final action include a material error in procedure or failure to follow proper procedure, an error in interpreting applicable law and an abuse of delegated discretion or violation of constitutional or statutory provisions. Absent any such grounds, the administrative action shall be affirmed.”) (internal citations omitted). Affirmed. 2