(1) As an alternative to the provisions of Sections 456.073(1) and (2), F.S., the Department may provide a licensee with a notice of non-compliance for an initial offense of a minor violation.

Terms Used In Florida Regulations 64B20-7.003

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
    (2) Minor violations that do not endanger the public health, safety and welfare, and which do not demonstrate a serious inability to practice the profession are:
    (a) Failure to submit to the Board office within thirty (30) days the SPA-2B and SPA-2C forms required in subsection 64B20-2.004(1), F.A.C.
    (b) Failure to report to the Board within thirty (30) days any changes in the roster of assistants under supervision as required in subsection 64B20-4.004(6), F.A.C.
    (c) Failure to report, upon renewal of licensure, a current roster of assistants as required in subsection 64B20-4.004(6), F.A.C.
    (d) Failure to conspicuously display license as required in subsections 64B20-8.006(1) and (2), F.A.C.
    (e) Failure to notify the Executive Director of the Board within thirty (30) days of a change in the licensee’s regular place of business as required in subsection 64B20-8.006(3), F.A.C.
    (f) Failure to notify the Department of a change in the licensee’s current mailing address as required by Florida Statutes § 456.035
    (3) This designation of violations as minor for the purposes of Florida Statutes § 456.073(3), is limited to initial violations which are corrected within 15 days of the Agency’s issuance of a notice of non-compliance. A violation which continues past that period shall no longer be deemed a minor violation and shall be forwarded to the probable cause panel for appropriate action, after appropriate investigation by the Agency. Violations of this section, except as provided herein, shall be handled in accordance with standard disciplinary guidelines. Nothing provided in this section shall restrict the Board from seeking full prosecution in such instances where aggravating circumstances are present which would preclude a minor violation dismissal.
Rulemaking Authority Florida Statutes § 456.073(3), 468.1135(4) FS. Law Implemented 456.073(3), 468.1295(1)(m) FS. History-New 4-15-91, Formerly 21LL-7.003, 61F14-7.003, 59BB-7.003, Amended 7-7-98, 3-6-02.