Florida Regulations 61G18-30.003: Citations
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(1) Definitions.
(a) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 455.224, and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
(b) “”Subject”” means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 455.225, the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) 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 procedures 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.
(4) Pursuant to Florida Statutes § 455.224, the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. The Board hereby designates the following as citation violations which shall result in a penalty of five hundred dollars ($500.00) unless otherwise noted:
(a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Fl. Admin. Code R. 61G18-21.001, so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client;
(b) Failure to include in an advertisement for free or discounted services the statement required by Florida Statutes § 455.24;
(c) Failure to display a license, premises permit or mobile clinic permit as required by Florida Statutes § 474.216
(d) Practicing veterinary medicine or operating a veterinary establishment when the license has become delinquent.
(e) Failure to notify the Board of a change in responsible veterinarian.
(f) Failure to obtain or complete the continuing education required for licensure renewal within the biennium.
1. If the licensee responds to the audit letter and the required continuing education hours were not completed prior to the end of the biennium, but the licensee provides proof of completion within 60 days of receipt of initial audit letter, the licensee shall be issued a Notice of Non-compliance. These hours shall not be used for license renewal during the biennium in which they were earned.
2. If the licensee responds to the audit but cannot provide proof that the required continuing education hours were completed, the licensee will be issued a citation in the amount of $250. The licensee shall be required to complete the hours needed within 6 months of the date of issuance of the citation. These hours shall not be used for license renewal during the biennium in which they were earned.
3. If the licensee fails to respond to the continuing education audit the licensee will be issued a citation in the amount of $500. The licensee shall be required to complete the hours needed within 6 months of the date of issuance of the citation. These hours shall not be used for license renewal during the biennium in which they were earned.
4. If a licensee responds to the continuing education audit with an explanation and documentation of an illness or hardship which prevented them from completing the required continuing education within the biennium the Board, or the Board Chair when delegated by the Board, may grant up to a 6 month extension during which the licensee shall be required to complete the hours needed. These hours shall not be used for license renewal during the biennium in which they were earned.
(g) Signing and distributing to others invalid or incomplete official certificates of veterinary inspection for the intrastate sale of dogs or cats.
(h) Operating a veterinary establishment without a premises permit for more than 60 days but less than one year. The fine shall be $100 per month, to a maximun of $1,200.
(5) Prior to issuance of the citation, the Department 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 Florida Statutes Chapter 119, unless otherwise exempt from the provisions of Florida Statutes Chapter 119 The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Fl. Admin. Code R. 61G18-30.001
(7) The Board of Veterinary Medicine shall, at the end of each calendar quarter, promulgate a report of the citations issued which report shall contain the name of the subject, the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of Florida Statutes § 455.224
Rulemaking Authority 455.224, 474.206 FS. Law Implemented Florida Statutes § 455.224. History-New 1-1-92, Formerly 21X-30.003, Amended 7-4-95, 5-13-96, 2-17-02, 6-16-14, 12-30-14, 6-30-16.
Terms Used In Florida Regulations 61G18-30.003
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Statute: A law passed by a legislature.
(b) “”Subject”” means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 455.225, the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) 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 procedures 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.
(4) Pursuant to Florida Statutes § 455.224, the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. The Board hereby designates the following as citation violations which shall result in a penalty of five hundred dollars ($500.00) unless otherwise noted:
(a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Fl. Admin. Code R. 61G18-21.001, so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client;
(b) Failure to include in an advertisement for free or discounted services the statement required by Florida Statutes § 455.24;
(c) Failure to display a license, premises permit or mobile clinic permit as required by Florida Statutes § 474.216
(d) Practicing veterinary medicine or operating a veterinary establishment when the license has become delinquent.
(e) Failure to notify the Board of a change in responsible veterinarian.
(f) Failure to obtain or complete the continuing education required for licensure renewal within the biennium.
1. If the licensee responds to the audit letter and the required continuing education hours were not completed prior to the end of the biennium, but the licensee provides proof of completion within 60 days of receipt of initial audit letter, the licensee shall be issued a Notice of Non-compliance. These hours shall not be used for license renewal during the biennium in which they were earned.
2. If the licensee responds to the audit but cannot provide proof that the required continuing education hours were completed, the licensee will be issued a citation in the amount of $250. The licensee shall be required to complete the hours needed within 6 months of the date of issuance of the citation. These hours shall not be used for license renewal during the biennium in which they were earned.
3. If the licensee fails to respond to the continuing education audit the licensee will be issued a citation in the amount of $500. The licensee shall be required to complete the hours needed within 6 months of the date of issuance of the citation. These hours shall not be used for license renewal during the biennium in which they were earned.
4. If a licensee responds to the continuing education audit with an explanation and documentation of an illness or hardship which prevented them from completing the required continuing education within the biennium the Board, or the Board Chair when delegated by the Board, may grant up to a 6 month extension during which the licensee shall be required to complete the hours needed. These hours shall not be used for license renewal during the biennium in which they were earned.
(g) Signing and distributing to others invalid or incomplete official certificates of veterinary inspection for the intrastate sale of dogs or cats.
(h) Operating a veterinary establishment without a premises permit for more than 60 days but less than one year. The fine shall be $100 per month, to a maximun of $1,200.
(5) Prior to issuance of the citation, the Department 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 Florida Statutes Chapter 119, unless otherwise exempt from the provisions of Florida Statutes Chapter 119 The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Fl. Admin. Code R. 61G18-30.001
(7) The Board of Veterinary Medicine shall, at the end of each calendar quarter, promulgate a report of the citations issued which report shall contain the name of the subject, the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of Florida Statutes § 455.224
Rulemaking Authority 455.224, 474.206 FS. Law Implemented Florida Statutes § 455.224. History-New 1-1-92, Formerly 21X-30.003, Amended 7-4-95, 5-13-96, 2-17-02, 6-16-14, 12-30-14, 6-30-16.