(1) The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 456, Part II, or 491, F.S., or of the rules promulgated thereunder has occurred, shall be made by a majority vote of a probable cause panel; except as provided in subsection (2), below.

Terms Used In Florida Regulations 64B4-5.006

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
    (2) In the event panel members disagree as to a finding of probable cause, the Secretary of the Department of Health shall determine whether probable cause exists to believe that a violation has occurred.
    (3) The probable cause panel shall consist of at least two professional members and one consumer member if one is available and willing to serve. Any of the appointments may be a past Board member, but at least one must be a current member of the Board.
    (4) The probable cause panel members shall be assigned by the Chairman of the Board and each panel shall meet as necessary.
Rulemaking Authority 456.073, 491.004(5) FS. Law Implemented Florida Statutes § 456.073. History-New 1-3-91, Amended 2-24-93, Formerly 21CC-5.006, 61F4-5.006, 59P-5.006, Amended 8-9-00, 8-13-08.