Fla. Admin. Code Ann. R. 64B20-7.004 - Citations
(1) As used in this
rule, "citation" means an instrument which meets the requirements set forth in
Section
456.077,
F.S., and which is served upon a licensee or certificateholder for the purpose
of assessing a penalty in an amount established by this rule.
(2) In lieu of the disciplinary procedures
contained in Section
456.073,
F.S., the Agency is hereby authorized to dispose of any violation designated
herein by issuing a citation to the subject within six months after the filing
of the complaint that is the basis for the citation. If a violation for which a
citation may be issued is discovered during the course of an investigation for
an unrelated violation, the citation must be issued within 6 months from the
discovery of the violation and filing of the uniform complaint form by the
investigator.
(3) The following
violations with accompanying fines may be disposed of by citation:
(a) Practice on an inactive license or
certificate for less than six months. The fine shall be $125 for each month or
fraction thereof of practice within a maximum fine of $750 for each violation.
(See Section
468.1295(1)(h),
F.S.)
(b) Falsely certifying
compliance with continuing education hours required for renewal of licensure or
certification. The fine shall be $1,000. (See Section 468.1295(1)(d),
F.S.)
(c) Failure to submit to the
board on an annual basis certification of testing and calibration of equipment.
The fine shall be $1,000. (See Section 468.1295(1)(u), F.S.)
(d) Failure to maintain and have available
for inspection by the Agency certifications for the testing and calibration of
any audiometric testing equipment designated by the Board covering the current
year. The fine shall be $500. (See Rule
64B20-8.001,
F.A.C.; Section 468.1295(1)(k), F.S.)
(e) Failure to identify the type of license
under which the practitioner is practicing. The fine shall be $500. (See
Section
456.072(1)(t),
F.S.)
(4) If the subject
does not dispute the matter in the citation in writing within 30 days after the
citation is served by personal service or within 30 days after receipt by
certified mail restricted delivery, the citation shall become a final order of
the Board of Speech Language Pathology and Audiology. The subject has 30 days
from the date the citation becomes a final order to pay the fine, along with
costs of investigation and prosecution, which shall be imposed in each citation
issued. Failure to pay the fine and costs within the prescribed time period
constitutes a violation of Sections 468.1295(1)(g) and
456.072(1)(q),
F.S., which will result in further disciplinary action. All fines and costs are
to be made payable to "Florida Department of Health - Citation."
(5) Prior to issuance of the citation, the
investigator must confirm that the violation has been corrected or is in the
process of being corrected.
(6)
Once the citation becomes a final order, the citation and complaint become a
public record pursuant to Chapter 119, F.S., unless otherwise exempt from the
provisions of Chapter 119, F.S. The initial citation final order against a
license shall not be considered as disciplinary action. A second citation final
order against a license shall be considered disciplinary action.
(7) The procedures described herein apply
only for an initial offense of the alleged violation. Subsequent violation(s)
of the same rule or statute shall require the procedure of Section
456.073,
F.S., to be followed. In addition, should an initial offense for which a
citation could be issued occur in conjunction with violations not described
herein, then the procedures of Section
456.073,
F.S., shall apply.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.