64B12-8.021. Citations

(1) Definition. As used in this rule:

(a) “Citation” means an instrument which meets the requirements set forth in section 456.077, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule. All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed three months, and impose whatever obligations will remedy the offense.

(b) “Subject” means the licensee or apprentice alleged to have committed a violation designated in this rule.

(2) In lieu of the disciplinary procedures contained in section 456.073, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.

(3) The Board hereby designates the following as citation violations, which shall result in the indicated penalty:

(a) Failing to make a fee or price information readily available by providing such information upon request or upon the presentation of a prescription pursuant to section 484.014(1)(d), F.S., $200.00;

(b) Failing to keep written prescription files pursuant to section 484.014(1)(l), F.S., $200.00;

(c) Failing to give notice of withdrawal of services pursuant to rule 64B12-10.003, F.A.C., $200.00;

(d) Failing to properly transfer prescription files pursuant to rule 64B12-10.006, F.A.C., $200.00;

(e) Failing to assure that duplicate prescription forms contain the information required by rule 64B12-10.0065, F.A.C., $200.00;

(f) Failing to return certificates and licenses to the Department, $500.00;

(g) Failing to pay any civil penalty imposed by order of the Board, $200.00;

(h) Failing to complete the continuing education requirements prescribed in section 484.008, F.S., and the rules promulgated thereto, $500 plus $25 per credit hour missing;

(i) Negligently failing to file a report or record required by state or federal law which person is required to make or file as an optician pursuant to section 484.014(1)(c), F.S., $150.00;

(j) Practicing opticianry with an inactive or retired status license, so long as the license has been inactive or retired for a period not to exceed two months, pursuant to section 456.036(1), F.S., $500.00;

(k) Failing to file the proper report upon termination of apprenticeship as required by rule 64B12-16.004, F.A.C., $200.00;

(l) Failing to file the proper report upon termination of sponsorship, as required by rule 64B12-16.004, F.A.C., $200.00;

(m) Failing to file complete reports and information timely, as required by rule 64B12-16.008, F.A.C., $200.00;

(n) Failing to provide change of address, pursuant to rule 64B12-10.012, F.A.C., $200.00; and,

(o) Failing to identify the type of license under which the practioner is practicing. The fine shall be $200.00. (See rule 64B12-10.0035, F.A.C.; section 456.072(1)(t), F.S.)

(4) The penalty specified in the citation shall be the sum provided herein plus the Department’s investigative costs.

(5) The Department shall report to the Board regarding the number of citations issued and the nature of the offenses for which they were issued.

Rulemaking Authority 456.077, 484.005 FS. Law Implemented 456.035(1), 456.072, 456.073, 456.077, 484.014 FS. History–New 1-19-92, Amended 5-27-92, Formerly 21P-8.021, Amended 5-2-94, Formerly 61G13-8.021, Amended 12-4-95, Formerly 59U-8.021, Amended 8-6-97, 6-14-01, 8-16-04, 8-28-05, 6-29-06, 6-24-08, 7-23-19.