§ 2-3-53. Disciplinary proceedings.

(a)

On its own motion, the board may, or upon the verified written complaint of any person, the board shall investigate the action of any holder of a certificate and hold a hearing in order to determine the necessity for disciplinary action. The certificate holder shall be notified by certified mail, return receipt requested, of the time and place of such hearing and shall be furnished a copy of the complaint or a short and plain statement of the matters asserted by the board. Such notice shall be sent to the certificate holder at least ten (10) days prior to the date of the hearing. All parties shall have the opportunity to respond, to present evidence and argument on all the issues involved, to conduct cross examination and to submit rebuttal evidence.

(b)

The following acts shall constitute cause for disciplinary action:

(1)

The certificate holder made a material false statement in the application for a certificate;

(2)

The certificate holder has been convicted of a felony or other offense involving moral turpitude; or, in the case of a certificate held by a partnership, a general partner has been convicted of such offense; or, in the case of a corporation, a person with ten (10) percent or more voting shares has been convicted of such offense. However, no such disciplinary action shall be taken in violation of F.S section 112.011;

(3)

Failure to comply with F.S. Chapter 401, Chapter 10D-66 of the Florida Administrative Code, any other applicable federal or state law or regulation adopted pursuant thereto or applicable local ordinances; or

(4)

The receipt of any reprimand, censure, revocation, suspension or other discipline pursuant to action initiated by the state department of health and rehabilitative services.

(c)

Upon a determination that a certificate holder has committed one (1) or more of the acts described in subsection (b), the board may either revoke the certificate or may suspend the certificate for a period of one (1) year or less.

(d)

Nothing in this section shall be construed to restrain the board from bringing an action or suit in the circuit court to restrain, enjoin or otherwise prevent the violation of this article, and the board shall at all times have such authority.

(e)

Violations of this article may also be punished as violations of this Code.

(Ord. No. 84-03, § 7, 2-14-84)

State law reference

Felons, removal of disqualifications for employment, F.S. § 112.011.