Florida Statute 456.079 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 456.079

Arrestable Offenses / Crimes under Fla. Stat. 456.079

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.079.

Annotations, Discussions, Cases:

Cases Citing Statute 456.079

Total Results: 8

Cunningham v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-03T00:00:00-08:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: action which may be imposed by the board . . . .” § 456.079(1), Fla. Stat. These guidelines “provide reasonable…may be imposed for proscribed conduct . . . .” § 456.079(2), Fla. Stat. To impose a penalty above a guideline…final order of . . . aggravating circumstances.” § 456.079(3), Fla. Stat. The board must “adopt by rule disciplinary

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-17T23:53:00-08:00

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

Fernandez v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-14T00:00:00-07:00

Citation: 120 So. 3d 117

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

Fernandez v. Florida Department of Health, Board of Nursing

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-21T00:00:00-07:00

Citation: 82 So. 3d 1202

Snippet: penalty guidelines in place pursuant to section 456.079, Florida Statutes (2008), so as to alert licensees…in the guidelines. We acknowledge that section 456.079(3), Florida Statutes (2008), gives the Board discretion… when there are aggravating circumstances. See 456.079(3), Fla. Stat. (2008); Lusskin v. Dep't of…harsher penalty, provided it complies with section 456.079(3) and its own guideline. See Fla. Admin. Code …Absent the penalty guidelines required by section 456.079, we are compelled by legislative mandate to reverse

Heshmati v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-09T00:53:00-07:00

Citation: 983 So. 2d 632

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

Pope v. State

Court: Fla. | Date Filed: 1908-06-15T00:00:00-08:00

Citation: 56 Fla. 81

Snippet: may interfere. See Krolage v. State, 224 Ill. 456, 79 N. E. Rep. 570; Gardner v. State, 106 Ill. 76.