69B-228.280. Duration of Suspension or Revocation; Effect of Suspension or Revocation upon Associated Authorizations

(1) The Department shall, in its order suspending a provider, school official, supervising instructor or instructor authorization, or in its order suspending the eligibility of a person to hold or apply for such authorization, specify the period during which the suspension is to be in effect. The suspension period shall not exceed 2 years. A person whose authorization or eligibility has been previously suspended who subsequently seeks authorization pursuant to this rule chapter must apply and qualify in the same manner as a first-time applicant and is subject to the requirements of this rule chapter and section 626.207, F.S. Additionally, the Department shall not approve an application if it finds that the circumstance or circumstances for which the authorization or eligibility was suspended still exist or are likely to recur. The waiting periods specified in section 626.207, F.S., also apply to the applicants.

(2) No person or appointee under any authorization revoked by the Department, or any person whose eligibility to hold same has been revoked by the Department, shall apply for another authorization under this rule chapter within 2 years from the effective date of such revocation or, if judicial review of such revocation is sought, within 2 years from the date of final court order or decree affirming the revocation. A person whose authorization or eligibility has been previously revoked who subsequently seeks authorization pursuant to this rule chapter must apply and qualify for authorization in the same manner as a first-time applicant and is subject to the requirements of this rule chapter and section 626.207, F.S. In addition, the Department shall not grant a new authorization or reinstate eligibility to hold such authorization if it finds that the circumstance or circumstances for which the eligibility was revoked or for which the previous authorization was revoked still exist or are likely to recur. The waiting periods specified in section 626.207, F.S., also apply to the applicants.

(3) The Department shall not grant or issue any authorization under this rule chapter to any person whose authorization or eligibility has been revoked twice.

(4) During the period of suspension or revocation of an authorization, and until a new authorization is issued, the former provider, school official, supervising instructor or instructor may not engage in or attempt or profess to engage in any transaction or business for which an authorization is required under this rule chapter.

(5) Upon suspension or revocation of any one authorization of a person, or upon suspension or revocation of eligibility to hold an authorization, the Department shall also suspend or revoke any other authorization or status of eligibility held by the person under this rule chapter.

Rulemaking Authority 624.308(1), 626.2816 FS. Law Implemented 626.207, 626.2816 FS. History‒New 4-12-17.