Florida Statutes|Section 455.2273

                                                

455.2273 Disciplinary guidelines.—

(1) Each board, or the department when 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 when 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 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 when 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.
(6) Notwithstanding s. 455.017, this section applies to disciplinary guidelines adopted by all boards or divisions within the department.

History.—s. 2, ch. 86-90; s. 56, ch. 92-33; s. 23, ch. 92-149; s. 23, ch. 93-129; s. 81, ch. 94-218; s. 212, ch. 96-410; s. 23, ch. 97-261; s. 33, ch. 2000-160; s. 24, ch. 2008-240.
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County

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Filed Date

Feb 08, 2010

Category

WRIT OF CERTIORARI 2010

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DIVISION A, CIRCUIT

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Case Filed

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Case Status

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County

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Filed Date

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Filing # 19280229 Electronically Filed 10/10/2014 05:41:02 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 08-53186 CA 15 RAUL MUNOZ and ANA ROSA CEBALLOS, individually and as representatives of YETSIYEL R. MUNOZ CEBALLOS, deceased, Plaintiffs, v. MIAMI FUNERAL SERVICES & CREMATORIES, INC., a Florida corporation d/b/a AUXILIADORA FUNERARIA NACIONAL; and SCI FUNERAL SERVICES OF FLORIDA, INC., a Florida profit corporation d/b/a GOLD COAST…

Case Filed

Sep 10, 2008

Case Status

CLOSED

County

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Filed Date

Oct 10, 2014

Category

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