RULE NO.:RULE TITLE:
64B23-6.001Penalty-Guidelines
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 82, April 27, 2023 issue of the Florida Administrative Register.
64B23-6.001 Penalty- Guidelines.
(1) Unless mitigating or aggravating factors are present, when the Department finds an applicant or licensee whom it regulates under Chapter 483, Part IV, F.S., has committed any of the acts set forth in Section 483.901(6), F.S., it shall issue a final order imposing appropriate penalties based on the severity and repetition of the violation within the ranges recommended in the following disciplinary guidelines. The identification of violations is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. Any of the listed violations provide sufficient grounds for denying a licensure application. A finding of financial benefit or self-gain related to the violation is grounds for requiring the person charged with a violation to refund fees billed and collected from a patient or third party in addition to any other appropriate penalties imposed by this rule. In addition to any other discipline imposed, the Department shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of the penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Department shall impose a fine of $10,000.00 per count or offense.
(a) through (gg) No change.
(hh) Section 456.072(1)(rr), F.S.: Failure to comply with the parental consent requirements of s. 1014.06, F.S., – from a minimum fine of $200 and a letter of concern $1,000.00 up to a maximum fine of $1,000 and one (1) year probation $10,000.00 and/or revocation. For a second or subsequent violation, from a minimum fine of $2,000 and one (1) year probation $5,000.00 up to a maximum fine of $5,000 and six (6) month suspension followed by one (1) year probation $10,000.00 and/or revocation.
(ii) No change.
(2) No change.
Rulemaking Authority 456.079(1) FS. Law Implemented 456.072, 456.079, 483.901(4)(g) FS. History–New 7-15-99, Amended 8-5-07, 7-20-10, 5-24-15, .
