This rulemaking eliminates language that is redundant of statutory language or has been identified as unnecessary.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NOS.:RULE TITLES:

64B-6.001Citations

64B-6.002Issuance of Citations

64B-6.003Penalties

PURPOSE AND EFFECT: This rulemaking eliminates language that is redundant of statutory language or has been identified as unnecessary.

SUMMARY: This rulemaking relates to citations, the issuance of citations, and penalties for unlicensed activities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist prepared by the Department, this proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.065 FS, 456.065(2)(b) FS.

LAW IMPLEMENTED: 456.065 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susie Love at [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-6.001 Citations.

Rulemaking Specific Authority 456.065 FS. Law Implemented 456.065 FS. History–New 10-5-04, Repealed________.

 

64B-6.002 Issuance of Citations.

(1) No change.

(2) The contents of the citation shall comply with the requirements of Section 456.065(2)(b), F.S.

(2)(3) No change.

(4) Each day that the unlicensed practice continues shall constitute a separate violation.

(5) The Department shall be entitled to recover the costs of investigation and prosecution in addition to the fine levied pursuant to the citation.

(6) The citation becomes a Final Order of the Department within 30 days of service if the subject fails to dispute the issuance.

Rulemaking Specific Authority 456.065 FS. Law Implemented 456.065 FS. History–New 10-5-04, Amended_________.

 

64B-6.003 Penalties.

For the purposes of this rule only, the following violations with accompanying penalty may be disposed of by citation:

(1) Violations that form the basis of a misdemeanor in the second degree, as determined by the applicable statutes, shall result in a penalty of $500 for the first offense,. The fine for a second offense shall be $1,000 for a second offense, and. A third offense or more shall be fined the maximum penalty of $5,000 for a third offense or more.

(2) Violations that form the basis of a misdemeanor in the first degree, as determined by the applicable statute, shall result in a penalty of $750 for the first offense,. The fine for a second offense shall be $1,500 for a second offense, and. A third offense or more shall be fined the maximum penalty of $5,000 for a third offense or more.

(3) Violations that form the basis of a felony in the third degree, as determined by the applicable statute, shall result in a penalty of $1,000 for the first offense,. The fine for a second offense shall be $2,000 for the second offense, and. A third offense or more shall be fined the maximum penalty of $5,000 for a third offense or more.

(4) Violations that form the basis of a felony in the second degree, as determined by the applicable statute, shall result in a penalty of $5,000, the maximum allowed per incident or violation.

(5) The costs the Department may recover for the investigation and prosecution shall be the actual dollar amount up to and including the day of service of the citation. If personal service is the method of service, the Department investigator will determine the actual cost at the time of service of the citation on the subject.

Rulemaking Specific Authority 456.065 FS. Law Implemented 456.065 FS. History–New 10-5-04, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Susie Love

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, M.D., FACS

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 1, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2014