The 2023 Florida Statutes (including Special Session C)
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. . . The probable cause panel's decision whether to initiate a disciplinary action under section 455.225, . . . However, section 120.57 does apply to disciplinary proceedings instituted under section 455.225 once . . . nature of the administrative proceedings because the probable cause panel was authorized under section 455.225 . . .
. . . dismissal of the administrative complaint, it would have expressly included that sanction within section 455.225 . . .
. . . Florida Statute § 455.225(4) (2012) describes the Defendants’ prosecutorial role at the Department of . . . Stat. § 455.225(4)(2012). . . .
. . . dismissal of the administrative complaint, it would have expressly included that sanction within section 455.225 . . .
. . . to the licensee by the board or the department except where other service is required pursuant to s. 455.225 . . .
. . . Section 455.225(5), Florida Statutes (2006), provides in relevant part, "If any party raises an issue . . .
. . . In Goodson, this court interpreted section 455.225(5), Florida Statutes, which requires that “[i]f any . . .
. . . Appellant also argues that the Department failed to comply with section 455.225(5), Florida Statutes, . . . Section 455.225(5) provides, in relevant part, “If any party raises an issue of disputed fact during . . .
. . . dismissal of the administrative complaint, it would have expressly included that sanction within Section 455.225 . . .
. . . the former department that had disciplinary authority over licensed physicians pursuant to section 455.225 . . . See § 455.225 note 1, Fla.Stat. (1997) (stating “[t]he Department of Health has replaced the Agency of . . . The intent behind sections 455.621(10) and 455.225(10), as they relate to this proceeding, is to protect . . . However, they have evolved into section 455.225, Florida Statutes (1997), and section 455.621, Florida . . . In 1979, section 455.08 was repealed and section 455.013 was transferred to section 455.225. . . .
. . . potentially involved conduct by the licensee that is subject to disciplinary action, in which case s. 455.225 . . .
. . . The matter was referred to a probable cause panel pursuant to section 455.225, Florida Statutes (1995 . . .
. . . Schilling, 349 So.2d 185 (Fla. 3d DCA 1977); § 455.225(11), Fla. Stat. (1993). . . .
. . . While section 455.225(7), when taken out of context, appears to support AHCA’s opinion, a reading of . . .
. . . Therefore, Count IV is not mooted by the temporary legislative amendment of 455.225(4). . . . Pursuant to statutory changes, however, Florida Statute Section 455.225(1) (1991) now requires the DPR . . . Florida Statute Section 455.225(3) (now 455.225(4)) provides “If the probable cause panel finds that . . . Florida Statute 455.225(4) (see Am. . . . See, Florida Statute § 455.225, Historical and Statutory Notes. . . . .
. . . Nothing in sections 120.57(1) or 455.225(4), or Florida Administrative Code Rule 28-5.201 imposes a requirement . . .
. . . COMPLAINT BECAUSE THE DEPARTMENT OR A BOARD HAS FAILED TO COMPLY WITH THE TIME LIMITATIONS OF SECTION 455.225 . . . Carter also contended that the Department and the Board’s probable cause panel violated section 455.225 . . . The district court rejected the contention that the time limits in section 455.225 were only intended . . . Section 455.225(3), Florida Statutes (Supp. 1986), recodified as section 455.225(4), Florida Statutes . . . Currently section 455.225(7), Florida Statutes (1993). . . . .
. . . In reversing and remanding for reconsideration of the penalty, the court asserted that section 455.225 . . .
. . . Section 455.225(5), Florida Statutes (1991), provides for a formal hearing before a hearing officer if . . . were disputed issues of fact during the penalty phase of the informal hearing, we interpret section 455.225 . . .
. . . of Professional Regulation (the department) and the board had disregarded the time limits in section 455.225 . . . Regarding Carter’s motion to dismiss the complaint based on the section 455.225 time limits violations . . . We agree with Carter that the time limits set forth in section 455.225, Florida Statutes (Supp.1986), . . . We decline, however, to treat violations of section 455.225 time limits as requiring dismissal of the . . . Carter established that the department and the board violated the section 455.225 time limitations. . . . Finally, regarding Appellant’s motion to dismiss the complaint based on the numerous section 455.225 . . . Section 455.225(2) provides that, “The department shall expeditiously investigate complaints.” . . . Appellant contends that specific time limits in subsection 455.225(3) were violated in at least three . . . Thus, section 455.225(3) does not authorize dismissal as a remedy for failure to investigate within a . . . I agree with the majority opinion that the time limits set forth in section 455.225, Florida Statutes . . .
. . . the department was bound to proceed to formal hearing or discontinue prosecution pursuant to section 455.225 . . . cause panel of the board had wished to continue the prosecution, it could have done so pursuant to § 455.225 . . .
. . . Such disclosure shall constitute a complaint pursuant to the general provisions of s. 455.225. . . .
. . . On March 14, 1991, pursuant to section 455.225(4), Florida Statutes (1990 Supp.), the Department issued . . . The Department stated in the appealed order that while subsection 455.225(4), Florida Statutes (1989) . . . The court further stated: From our examination of section 455.225, it appears that a panel’s decision . . . Based on this analysis of section 455.225, we held that, although review of the entire transcript of . . . Hence, our discussion of the application of section 120.57 to proceedings pursuant to section 455.225 . . .
. . . January 23, 1990, a complaint was filed with the Department of Professional Regulation, per Section 455.225 . . .
. . . Section 455.225(4) provides in pertinent part: If the probable cause panel finds that probable cause . . . The district court suggested that although the language of section 455.225(4) suggests that letters of . . . The 1989 amendment to section 455.225 renumbered former subsections (3) through (11) as subsections ( . . . Fla.Stat.Ann. § 455.225 historical note (West Supp.1990). . . . . The issuance of a letter of guidance becomes part of the public record pursuant to section 455.225(9) . . .
. . . Pursuant to its authority under Section 455.225(7), Florida Statutes, the department has appealed that . . .
. . . decision of the Board should be reversed because the Board failed to follow the dictates of section 455.225 . . .
. . . First, although section 455.225, Florida Statutes (1989), requires prior notice to a physician of the . . .
. . . . § 455.225(3). . . . Fla.Stat. § 455.225(5). Defendant Rupert Q. . . .
. . . Indeed, the procedure set forth under Section 455.225, Florida Statutes (1987), relating to disciplinary . . . From our examination of section 455.225, it appears that a panel’s decision of whether to initiate a . . . Moreover, section 455.225(3) specifically states that the strictures of chapter 120 are applicable only . . . Therefore, we conclude, by reference to the statutory procedure outlined under section 455.225, that . . .
. . . . § 455.225(3) (1983), states in pertinent part: If the probable cause panel finds that probable cause . . . The parties agree that the Florida courts have not interpreted § 455.225(3); the Court would be navigating . . . However, a review of the applicable statutes indicates that § 455.225 is “fairly subject” to “avoiding . . . For example, § 455.225(3) states that the letter of guidance shall be sent to the licensee. . . . The language of § 455.225(3) suggests that letters of guidance are not subject to the notice and hearing . . .
. . . To resolve this issue, and because the statutory scheme in Section 455.225, Florida Statutes (1987) applies . . .
. . . Section 455.225(3), Florida Statutes requires the Respondent to follow the directions of a probable cause . . . By initiating its action after the finding of probable cause in each case in accordance with Section 455.225 . . .
. . . Otherwise, the amended definition would have the effect of stripping Yolman of his rights under section 455.225 . . . Section 455.225(4) addresses the regulation of professions and occupations, and states that in disciplinary . . .
. . . termination of the informal hearing and a formal hearing pursuant to chapter 120, as provided in Section 455.225 . . .
. . . .-57(l)(b)(9), 455.225(4), Fla.Stat. (1984). . . .
. . . Pursuant to subsections 455.225(3) and (9), Florida Statutes (1981), all proceedings and records made . . . A privilege against civil liability is granted by section 455.225(10) “to any complainant or any witness . . . Moreover, ap-pellee urges, section 455.225(10) expressly recognizes a willful and intentional tort action . . . But for the provisions of section 455.225(10) creating a qualified privilege from civil liability, as . . . We do not, therefore, find it necessary to consider what legal effect section 455.225(10) might have . . .
. . . physicians; the ensuing investigation of these physicians by DPR was, in turn, authorized by Section 455.225 . . .
. . . . § 455.225(3), Fla.Stat. (1983). . . .
. . . Further, he contends that the Department has failed to comply with the requirements of Section 455.225 . . . We have also noted Carrow’s argument that since the Department has failed to comply with Section 455.225 . . . present investigation be terminated because the Department has not proceeded in accordance with Section 455.225 . . . We have determined that even if Carrow’s allegation concerning failure to comply with Section 455.225 . . .
. . . Sec. 455.225(4) Fla.Stat. provides for a formal hearing pursuant to Ch. 120 where there is an issue of . . .
. . . disciplinary proceedings against him by the Department of Professional Regulation pursuant to section 455.225 . . .
. . . Section 455.225(4), Florida Statutes (1979) states: A formal hearing before a hearing officer from the . . .
. . . . § 455.225(2), Fla.Stat. (1979). . . . probable cause, the department has a limited right to file, notwithstanding the board’s finding. § 455.225 . . . This would result in an anomaly, as § 455.225(8) requires the department to periodically notify the complainant . . . In fact, section 455.225, Florida Statutes (1979), indicates that the department is not required to file . . . footnote two of the majority opinion regarding the requirement of periodic notification under section 455.225 . . .
. . . Section 455.225, in discussing disciplinary proceedings, gives the secretary power to grant certain extensions . . .