Effective date: 8/25/2010
(1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Florida Statutes § 455.224, and which is served upon a licensee or certificateholder for the purpose of assessing a penalty in an amount established by this rule.
Terms Used In Florida Regulations 61G14-17.005
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Statute: A law passed by a legislature.
(3) The following violations with accompanying fine may be disposed of by citation:
(a) Unintentional failure to timely file a marine incident report. The fine shall be $100. (See Florida Statutes § 310.111)
(b) Failure to report in writing to the Board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication a crime in any jurisdiction. The fine shall be $100. (See Section 455.227(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, the citation shall become a final order of the Board of Pilot Commissioners. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Florida Statutes § 310.111, which will result in further disciplinary action. All fines and costs are to be made payable to “Department of Business and Professional Regulation — 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. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation.
(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 citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 61G14-17.004, F.A.C.
(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 Florida Statutes § 455.225, 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 Florida Statutes § 455.225, shall apply.
Rulemaking Authority 455.224, 455.225 FS., Chapter 94-119, Laws of Florida. Implements Florida Statutes § 455.224., Chapter 94-119, Laws of Florida. History—New 2-16-92, Amended 8-24-92, Formerly 21SS-7.006, 21SS-17.005, Amended 9-27-94, 10-19-97, 8-25-10.