61N-1.0245. Notice of Non Compliance; Minor Violations

(1) In accordance with section 120.695, F.S., the Department of Business and Professional Regulation (hereinafter the “Department”) may issue a notice of noncompliance to a licensee, registrant or permitholder for an initial offense of a minor violation.

(2) The Department designates a violation of subsection 61N-1.012(5), F.A.C. – Failure to maintain a copy of the Florida Drug and Cosmetic Act, chapter 499, part I, F.S., and chapter 61N-1, F.A.C., Regulations for Drugs, Devices and Cosmetics, at the permitted establishment, as a minor violation for which a notice of noncompliance may be issued.

(3) The designation of a minor violation for purposes of section 120.695, F.S., is limited to only initial violations in which corrective action is commenced within 14 days after the licensee, registrant or permitholder’s receipt of the Department’s issuance of a notice of noncompliance. The failure of a licensee, registrant or permitholder to comply with the notice of noncompliance within the prescribed period of time shall no longer be deemed a minor violation and shall be treated as a disciplinary violation pursuant to section 499.066, F.S., and/or rule 61N-1.024, F.A.C. Violations of this section shall be handled in accordance with the standard disciplinary guidelines of the Department. Nothing provided in this section shall restrict the Department from seeking full administrative action in such instances where aggravating circumstances are present which would preclude a minor violation dismissal.

(4) The notice of noncompliance may be delivered to the licensee, registrant or permitholder’s current mailing address by certified mail, by restricted delivery or by personal service. The notice of noncompliance may also be issued by an authorized representative of the Department.

Rulemaking Authority 120.695(2)(c), 499.05 FS. Law Implemented 120.695, 499.05, 499.066 FS. History–New 11-2-17.