The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.079

456.079 Disciplinary guidelines.—

(1) Each board, or the department if there is no board, shall adopt by rule and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board, or the department if there is no board, pursuant to this chapter, the respective practice acts, and any rule of the board or department.

(2) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses, it being the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; that such guidelines provide reasonable and meaningful notice to the public of likely penalties which may be imposed for proscribed conduct; and that such penalties be consistently applied by the board.

(3) A specific finding in the final order of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines. If applicable, the board, or the department if there is no board, shall adopt by rule disciplinary guidelines to designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances.

(4) The department must review such disciplinary guidelines for compliance with the legislative intent as set forth herein to determine whether the guidelines establish a meaningful range of penalties and may also challenge such rules pursuant to s. 120.56.

(5) The administrative law judge, in recommending penalties in any recommended order, must follow the penalty guidelines established by the board or department and must state in writing the mitigating or aggravating circumstances upon which the recommended penalty is based.

History.—s. 70, ch. 97-261; s. 97, ch. 2000-160; s. 16, ch. 2001-277.

Note.—Former s. 455.627.

F.S. 456.079 on Google Scholar

F.S. 456.079 on Casetext

Amendments to 456.079

Arrestable Offenses / Crimes under Fla. Stat. 456.079

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.079.

Annotations, Discussions, Cases:

Cases from cite.case.law:

T. BREWER, LPN, v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF NURSING,, 268 So. 3d 871 (Fla. App. Ct. 2019)

. . . Section 456.079(1), Florida Statutes, authorized the Board "to adopt by rule ... the disciplinary guidelines . . .

CAMPBELL, L. P. N. v. DEPARTMENT OF HEALTH,, 233 So. 3d 488 (Fla. Dist. Ct. App. 2017)

. . . . § 456.079(3), Fla. Stat. (2015). . . .

FERNANDEZ, v. DEPARTMENT OF HEALTH,, 120 So. 3d 117 (Fla. Dist. Ct. App. 2013)

. . . Section 456.079(3), Florida Statutes (2008), gives the Board discretion to depart from the penalty guidelines . . .

FERNANDEZ, R. N. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF NURSING,, 82 So. 3d 1202 (Fla. Dist. Ct. App. 2012)

. . . comply with the legislative requirement that there be penalty guidelines in place pursuant to section 456.079 . . . We acknowledge that section 456.079(3), Florida Statutes (2008), gives the Board discretion to depart . . . See 456.079(3), Fla. Stat. (2008); Lusskin v. . . . holding is without prejudice to the Board imposing a harsher penalty, provided it complies with section 456.079 . . . Absent the penalty guidelines required by section 456.079, we are compelled by legislative mandate to . . .

HESHMATI, M. D. v. DEPARTMENT OF HEALTH,, 983 So. 2d 632 (Fla. Dist. Ct. App. 2008)

. . . First, contrary to Appellant’s argument, neither section 456.079, Florida Statutes (2001), or Rule 64B8 . . .