Florida Regulations 64B33-5.003: Citations
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(1) Definition. As used in this rule:
(a) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 456.077, and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
(b) “”Subject”” means the licensee alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 456.073, the Department 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 which is the basis for the citation.
(3) The Board hereby designates the following as citation violations, which shall result in the indicated penalty:
(a) Failing to complete the continuing education requirements prescribed in Florida Statutes § 468.711(2), and the rules promulgated thereto: $25.00 fine per continuing education hour plus proof of completing the continuing education within three months;
(b) Failure to notify the Department of a change in the licensee’s current mailing address as required by Florida Statutes § 456.035: $50.00 fine, plus proof of compliance within 30 days, and costs;
(c) Practice on an inactive license for less than four months: $100.00 fine for each month or fraction thereof, plus proof of compliance within 30 days, and costs;
(d) Failure to timely pay required fees and fines: $100.00 fine, plus proof of compliance within 30 days, and costs;
(e) First time issuance of a bad check to the Department for the payment of a fee or fine if not satisfied within 45 days: $100.00 fine, plus proof of compliance, and costs;
(f) First time failure to notify the Board in writing within 60 days of action taken against one’s license in another jurisdiction or of a criminal felony conviction within 30 days: $250.00 fine, plus proof of compliance, and costs;
(g) First time falsely certifying completion of required continuing education: $100.00 fine, plus proof of completing the continuing education within three months, and costs;
(h) Failure to sign, file or render any report required by statute as part of a licensee’s responsibility: $50.00 fine, plus proof of compliance, and costs;
(i) Failure to report to the Department any person whom the licensee knows is in violation of the laws and rules of the Department: $50.00 fine, and costs; and,
(j) Improper use of practice title or credentials: $50.00 fine, plus proof of compliance, and costs.
(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, the citation shall become a public final order of the Board of Athletic Training and does not constitute discipline for a first offense, but does constitute discipline for a second subsequent offense. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. All fines and costs are to be made payable to “”Board of Athletic Training – Citation.””
(5) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Florida Statutes Chapter 119, unless otherwise exempt from the provisions of Florida Statutes Chapter 119
Rulemaking Authority 456.077, 468.705, 468.719 FS. Law Implemented 456.077, 468.719 FS. History-New 5-9-02, Amended 8-15-05, 1-6-16.
Terms Used In Florida Regulations 64B33-5.003
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(b) “”Subject”” means the licensee alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 456.073, the Department 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 which is the basis for the citation.
(3) The Board hereby designates the following as citation violations, which shall result in the indicated penalty:
(a) Failing to complete the continuing education requirements prescribed in Florida Statutes § 468.711(2), and the rules promulgated thereto: $25.00 fine per continuing education hour plus proof of completing the continuing education within three months;
(b) Failure to notify the Department of a change in the licensee’s current mailing address as required by Florida Statutes § 456.035: $50.00 fine, plus proof of compliance within 30 days, and costs;
(c) Practice on an inactive license for less than four months: $100.00 fine for each month or fraction thereof, plus proof of compliance within 30 days, and costs;
(d) Failure to timely pay required fees and fines: $100.00 fine, plus proof of compliance within 30 days, and costs;
(e) First time issuance of a bad check to the Department for the payment of a fee or fine if not satisfied within 45 days: $100.00 fine, plus proof of compliance, and costs;
(f) First time failure to notify the Board in writing within 60 days of action taken against one’s license in another jurisdiction or of a criminal felony conviction within 30 days: $250.00 fine, plus proof of compliance, and costs;
(g) First time falsely certifying completion of required continuing education: $100.00 fine, plus proof of completing the continuing education within three months, and costs;
(h) Failure to sign, file or render any report required by statute as part of a licensee’s responsibility: $50.00 fine, plus proof of compliance, and costs;
(i) Failure to report to the Department any person whom the licensee knows is in violation of the laws and rules of the Department: $50.00 fine, and costs; and,
(j) Improper use of practice title or credentials: $50.00 fine, plus proof of compliance, and costs.
(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, the citation shall become a public final order of the Board of Athletic Training and does not constitute discipline for a first offense, but does constitute discipline for a second subsequent offense. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. All fines and costs are to be made payable to “”Board of Athletic Training – Citation.””
(5) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Florida Statutes Chapter 119, unless otherwise exempt from the provisions of Florida Statutes Chapter 119
Rulemaking Authority 456.077, 468.705, 468.719 FS. Law Implemented 456.077, 468.719 FS. History-New 5-9-02, Amended 8-15-05, 1-6-16.