Florida Regulations 64B8-44.005: Citations
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(1) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 456.077, and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 456.073, the Department may issue a citation to the subject within six (6) months after the filing of the complaint which is the basis for the citation.
(3) The citation may be served upon the licensee by hand delivery or certified mail at the licensee’s last known home address. If service by certified mail fails because the licensee has relocated without leaving a forwarding address, then the Department shall endeavor to give the subject actual or constructive notice of the pending disciplinary action as permitted by law.
(4) The Board designates the following as citation violations:
(a) Failure to renew license during which time the person continues to practice up to sixty (60) days – a fine of $100.
(b) Tendering a dishonored check or electronic payment to the Department for payment of licensure or renewal – a fine of $100.
(c) Failure to notify the Department of a change of address within sixty (60) days – a fine of $100.
(d) Falsely certifying timely completion of required continuing education courses for renewal or initial licensure, if completed by the time the citation is to be issued – a fine of $100 per contact hour wrongfully claimed.
(e) Failure to comply with continuing education requirements:
1. Fines:
a. Failure to complete less than nine (9) hours, a fine of $300.
b. Failure to complete between nine (9) and sixteen (16) hours, a fine of $600.
c. Failure to complete between seventeen (17) and twenty-four (24) hours, a fine of $1,000.
2. Licensee must submit full payment of the fine and costs within ninety (90) days of the date the citation was issued.
3. Licensee must provide proof of completion of the deficient hours within ninety (90) days of the date the citation was issued.
(f) Failure to timely pay required fees and fines – a fine of $100.
(g) Failure to comply with advertising requirements – a fine of $100.
(h) Failure to display signs, licenses and permits – a fine of $100.
(4) In addition to the penalties established in this rule, the Department may recover the costs of investigation in accordance with its rules. When the Department intends to assess the costs of investigation, the penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s cost of investigation.
(5) If the subject disputes any matter contained in the citation within thirty (30) days after service, the Department shall follow the procedure set forth in Florida Statutes § 456.073; otherwise, the citation shall become a final order of the Board.
Rulemaking Authority 456.077, 468.507 FS. Law Implemented 456.077, 468.517, 468.518 FS. History-New 1-1-92, Formerly 21M-50.005, 61F6-50.005, 59R-44.005, Amended 9-26-01, 3-25-02, 7-17-05, 4-10-06, 7-8-09, 2-3-10, 8-20-14.
Terms Used In Florida Regulations 64B8-44.005
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(3) The citation may be served upon the licensee by hand delivery or certified mail at the licensee’s last known home address. If service by certified mail fails because the licensee has relocated without leaving a forwarding address, then the Department shall endeavor to give the subject actual or constructive notice of the pending disciplinary action as permitted by law.
(4) The Board designates the following as citation violations:
(a) Failure to renew license during which time the person continues to practice up to sixty (60) days – a fine of $100.
(b) Tendering a dishonored check or electronic payment to the Department for payment of licensure or renewal – a fine of $100.
(c) Failure to notify the Department of a change of address within sixty (60) days – a fine of $100.
(d) Falsely certifying timely completion of required continuing education courses for renewal or initial licensure, if completed by the time the citation is to be issued – a fine of $100 per contact hour wrongfully claimed.
(e) Failure to comply with continuing education requirements:
1. Fines:
a. Failure to complete less than nine (9) hours, a fine of $300.
b. Failure to complete between nine (9) and sixteen (16) hours, a fine of $600.
c. Failure to complete between seventeen (17) and twenty-four (24) hours, a fine of $1,000.
2. Licensee must submit full payment of the fine and costs within ninety (90) days of the date the citation was issued.
3. Licensee must provide proof of completion of the deficient hours within ninety (90) days of the date the citation was issued.
(f) Failure to timely pay required fees and fines – a fine of $100.
(g) Failure to comply with advertising requirements – a fine of $100.
(h) Failure to display signs, licenses and permits – a fine of $100.
(4) In addition to the penalties established in this rule, the Department may recover the costs of investigation in accordance with its rules. When the Department intends to assess the costs of investigation, the penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s cost of investigation.
(5) If the subject disputes any matter contained in the citation within thirty (30) days after service, the Department shall follow the procedure set forth in Florida Statutes § 456.073; otherwise, the citation shall become a final order of the Board.
Rulemaking Authority 456.077, 468.507 FS. Law Implemented 456.077, 468.517, 468.518 FS. History-New 1-1-92, Formerly 21M-50.005, 61F6-50.005, 59R-44.005, Amended 9-26-01, 3-25-02, 7-17-05, 4-10-06, 7-8-09, 2-3-10, 8-20-14.