64B20-7.004. Citations

(1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a licensee or certificateholder for the purpose of assessing a penalty in an amount established by this rule.

(2) In lieu of the disciplinary procedures contained in Section 456.073, F.S., the Agency 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 that is the basis for the citation. If a violation for which a citation may be issued is discovered during the course of an investigation for an unrelated violation, the citation must be issued within 6 months from the discovery of the violation and filing of the uniform complaint form by the investigator.

(3) The following violations with accompanying fines may be disposed of by citation:

(a) Practice on an inactive license or certificate for less than six months. The fine shall be $125 for each month or fraction thereof of practice within a maximum fine of $750 for each violation. (See Section 468.1295(1)(h), F.S.)

(b) Falsely certifying compliance with continuing education hours required for renewal of licensure or certification. The fine shall be $1,000. (See Section 468.1295(1)(d), F.S.)

(c) Failure to submit to the board on an annual basis certification of testing and calibration of equipment. The fine shall be $1,000. (See Section 468.1295(1)(u), F.S.)

(d) Failure to maintain and have available for inspection by the Agency certifications for the testing and calibration of any audiometric testing equipment designated by the Board covering the current year. The fine shall be $500. (See Rule 64B20-8.001, F.A.C.; Section 468.1295(1)(k), F.S.)

(e) Failure to identify the type of license under which the practitioner is practicing. The fine shall be $500. (See Section 456.072(1)(t), F.S.)

(4) If the subject does not dispute the matter in the citation in writing within 30 days after the citation is served by personal service or within 30 days after receipt by certified mail restricted delivery, the citation shall become a final order of the Board of Speech Language Pathology and Audiology. The subject has 30 days from the date the citation becomes a final order to pay the fine, along with costs of investigation and prosecution, which shall be imposed in each citation issued. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Sections 468.1295(1)(g) and 456.072(1)(q), F.S., which will result in further disciplinary action. All fines and costs are to be made payable to “Florida Department of Health – Citation.”

(5) Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected.

(6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The initial citation final order against a license shall not be considered as disciplinary action. A second citation final order against a license shall be considered disciplinary action.

(7) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedure of Section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 456.073, F.S., shall apply.

Rulemaking Authority 456.073, 456.077, 468.1135(4) FS. Law Implemented 456.077, 468.1295 FS. History–New 2-12-92, Amended 8-24-92, 11-9-92, Formerly 21LL-7.004, 61F14-7.004, 59BB-7.004, Amended 8-9-04, 8-28-07, 5-20-09.