648.46
Procedure for disciplinary action against licensees.
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648.46 Procedure for disciplinary action against licensees.—
(1) The department shall investigate the actions of a licensee when it receives a written complaint containing allegations of fact that, if true, show that a violation of this chapter, or a rule adopted pursuant thereto, has occurred. The department shall also investigate a licensee if the department is made aware that a possible violation of this chapter, or a rule adopted pursuant thereto, has occurred. If the department determines that a violation of this chapter or a violation of a rule adopted pursuant to this chapter has occurred, the department may file a formal complaint against the licensee and prosecute under chapter 120.
(2) Any proceeding for the purpose of summary suspension of a license pursuant to s. 120.60(6) shall be conducted by the department, which shall issue the final summary order.
(3) The complaint and all information obtained pursuant to the investigation of the department are confidential and exempt from the provisions of s. 119.07(1) until such investigation is completed or ceases to be active. For the purpose of this section, an investigation is considered “active” while the investigation is being conducted by the department with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the department is proceeding with reasonable dispatch and there is good faith belief that action may be initiated by the department or other administrative or law enforcement agency. This subsection does not prevent the department or office from disclosing the complaint or such information as it deems necessary to conduct the investigation, to update the complainant as to the status and outcome of the complaint, or to share such information with any law enforcement agency or other regulatory body.
(4) The expiration, nonrenewal, or surrender of licensure under this chapter does not eliminate the jurisdiction of the department or office to investigate and prosecute for a violation committed by a licensee while licensed under this chapter. The prosecution of any matter may be initiated or continued notwithstanding the withdrawal of a complaint.
History.—s. 18, ch. 29621, 1955; s. 16, ch. 61-406; ss. 13, 35, ch. 69-106; s. 177, ch. 70-339; s. 26, ch. 71-86; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 26, 71, 72, ch. 82-175; ss. 28, 50, 51, ch. 84-103; s. 5, ch. 87-321; ss. 34, 46, 47, ch. 90-131; s. 4, ch. 91-429; s. 7, ch. 93-119; s. 35, ch. 96-372; s. 407, ch. 96-406; s. 289, ch. 96-410; s. 62, ch. 2022-138; s. 69, ch. 2023-144.
Note.—Former s. 903.54.
Notes of Decisions
Cited in 2
cases, 1997–1997 · leading case: Florida Dept. of Ins. v. BANKERS INS.
Florida Dept. of Ins. v. BANKERS INS. (1997)
“section 648.46(1) authorizes DOI to administratively prosecute any violation of chapter 648.”
Etheridge v. Department of Insurance (1997)
“44(7) “contains no exception from the general rule established in Section 648.46(1), Florida Statutes, but the former merely establishes a more severe penalty than is provided in Section 648.”
— 648.46(1) — 2 cases
Florida Dept. of Ins. v. BANKERS INS. (1997)
“section 648.46(1) authorizes DOI to administratively prosecute any violation of chapter 648.”
Etheridge v. Department of Insurance (1997)
“44(7) “contains no exception from the general rule established in Section 648.46(1), Florida Statutes, but the former merely establishes a more severe penalty than is provided in Section 648.”
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