Florida Statute 456.79 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.079

456.079 Disciplinary guidelines.—

(1) Each board, or the department if there is no board, shall adopt by rule and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board, or the department if there is no board, pursuant to this chapter, the respective practice acts, and any rule of the board or department.

(2) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses, it being the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; that such guidelines provide reasonable and meaningful notice to the public of likely penalties which may be imposed for proscribed conduct; and that such penalties be consistently applied by the board.

(3) A specific finding in the final order of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines. If applicable, the board, or the department if there is no board, shall adopt by rule disciplinary guidelines to designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances.

(4) The department must review such disciplinary guidelines for compliance with the legislative intent as set forth herein to determine whether the guidelines establish a meaningful range of penalties and may also challenge such rules pursuant to s. 120.56.

(5) The administrative law judge, in recommending penalties in any recommended order, must follow the penalty guidelines established by the board or department and must state in writing the mitigating or aggravating circumstances upon which the recommended penalty is based.

History.—s. 70, ch. 97-261; s. 97, ch. 2000-160; s. 16, ch. 2001-277.

Note.—Former s. 455.627.

F.S. 456.079 on Google Scholar

F.S. 456.079 on CourtListener

Amendments to 456.079

Annotations, Discussions, Cases:

Cases Citing Statute 456.079

Total Results: 8

Donna Leah T. Brewer, LPN v. Florida Department of Health, Board of Nursing

268 So. 3d 871

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819621

Cited 1 times | Published

permanent revocation of a license.” Section 456.079(1), Florida Statutes, authorized the Board

Fernandez v. Department of Health

120 So. 3d 117, 2013 WL 4081026, 2013 Fla. App. LEXIS 12656

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233890

Cited 1 times | Published

As noted above, we reversed (Fernandez I). Section 456.079(3), Florida Statutes (2008), gives the Board

Fernandez v. Florida Department of Health, Board of Nursing

82 So. 3d 1202, 2012 WL 933082, 2012 Fla. App. LEXIS 4478

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2412164

Cited 1 times | Published

be penalty guidelines in place pursuant to section 456.079, Florida Statutes (2008), so as to alert licensees

Liang v. Department of Health

District Court of Appeal of Florida | Filed: Jan 23, 2025 | Docket: 69569110

Published

Board to adopt disciplinary guidelines by rule. § 456.079(1), Fla. Stat. Accordingly, the Board adopted

Cunningham v. Department of Health

District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132271

Published

of mitigating or aggravating circumstances.” § 456.079(3), Fla. Stat. (2022). The Board failed to do

Kimberley McQueary v. Florida Department of Health, State of Florida Board of Nursing

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365634

Published

action which may be imposed by the board . . . .” § 456.079(1), Fla. Stat. These guidelines “provide reasonable

Denise Melissa Campbell, L.P.N. v. Department of Health

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6244028

Published

in the Department’s disciplinary guidelines. § 456.079(3), Fla. Stat. (2015). And while the disciplinary

Heshmati v. Department of Health

983 So. 2d 632, 2008 Fla. App. LEXIS 6689, 2008 WL 1986267

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1756361

Published

contrary to Appellant's argument, neither section 456.079, Florida Statutes (2001), or Rule 64B8-8.001