Florida Statutes 1005.385 – Authority to issue citations
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 1005.385
- Commission: means the Commission for Independent Education. See Florida Statutes 1005.02
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Independent postsecondary educational institution: means any postsecondary educational institution that operates in this state or makes application to operate in this state, and is not provided, operated, and supported by the State of Florida, its political subdivisions, or the Federal Government. See Florida Statutes 1005.02
- License: means a certificate signifying that an independent postsecondary educational institution meets standards prescribed in statute or rule and is permitted to operate in this state. See Florida Statutes 1005.02
(1) The commission shall adopt rules to permit the issuance of citations. A citation shall be issued to an independent postsecondary educational institution and shall contain the institution’s name and address, the institution’s license number if applicable, a brief factual statement, the sections of law allegedly violated, and the penalty imposed. A citation must clearly state that the subject may choose, in lieu of accepting the citation, to dispute the matter in the citation and must provide the subject all rights for either an informal hearing to dispute the facts before the commission or a formal hearing to dispute the facts before an administrative law judge from the Division of Administrative Hearings pursuant to chapter 120. However, if the subject does not dispute the matter in the citation within 30 days after the citation is served, the citation becomes a final order and constitutes discipline. The penalty shall be a fine or other conditions as established by rule.
(2) The commission shall adopt rules designating violations for which a citation may be issued. A violation so designated shall be a violation for which there is no substantial threat to the public health, safety, or welfare.
(3) The commission shall be entitled to recover the costs of investigation, in addition to any penalty provided according to rule, as part of the penalty levied pursuant to a citation.
(4) A citation must be issued within 6 months after the filing of a complaint that is the basis for the citation.
(5) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address of record.