497.155 Disciplinary citations and minor violations. - Florida Statutes

497.155 Disciplinary citations and minor violations.

   (1) CITATIONS.

   (a) Notwithstanding the provisions of s. 497.153, the board shall adopt rules to permit the issuance of citations. The citation shall be issued to the subject and shall contain the subject’s name and address, the subject’s license number if applicable, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedures under s. 497.153. If the subject disputes the matter in the citation, the procedures set forth in s. 497.153 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the board and shall constitute discipline. The penalty shall be a fine or other conditions as established by rule.

   (b) The board shall adopt rules designating violations for which a citation may be issued. Such rules shall designate as citation violations those violations for which there is no substantial threat to the public health, safety, and welfare. Citations shall not be utilized if there was any significant consumer harm resulting from the violation.

   (c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to board rule, as part of the penalty levied pursuant to the citation.

   (d) A citation must be issued within 6 months after the filing of the complaint that is the basis for the citation.

   (e) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.

   (2) MINOR VIOLATIONS.

   (a) The board may by rule specify violations of this chapter, and criteria for use by the department in identifying violations of this chapter, which are minor violations and which, if promptly corrected by the licensee upon notice by the department during investigation, may, with the concurrence of the department, result in closure of the investigation in the matter without further action by the department or the board.

   (b) The rules may establish limits as to the number of times in total, or per period of time, that this subsection may be used in regard to any one licensee.

   (c) The rules may establish limits or prohibitions on the use of this subsection where the violation relates to a consumer complaint received by the department concerning the licensee, and the complaint has not been resolved.

   (d) There may by rule be specified notices of noncompliance and other forms and procedures for use in implementation of this subsection.

History. s. 51, ch. 93-399; s. 25, ch. 2004-301.

Note. Former s. 497.121.