The 2023 Florida Statutes (including Special Session C)
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. . . The Board filed an administrative complaint against Diaz-Ramirez alleging a violation of section 456.072 . . .
. . . On appeal, Hall first argues that revocation of her license was improper because section 456.072(3)(b . . . However, section 456.072(3)(b) provides for the penalty of "a citation ... and ... a penalty as determined . . .
. . . Section 456.072(1)(aa), Florida Statutes, provides that "[t]esting positive for any drug ... on any confirmed . . . Section 456.072(2), Florida Statutes, states that, if a board finds that a person has violated subsection . . . Section 456.072(2) allows the suspension imposed on Appellant if a board finds that Appellant violated . . . section 456.072(1)(aa), Florida Statutes. . . . The Board correctly interpreted section 456.072 and did not abuse its discretion in suspending Appellant's . . .
. . . , and (2) by failing to report the fact of her plea to the Board of Nursing in violation of section 456.072 . . . Section 464.018(2) authorizes the Board to "impose any of the penalties in s. 456.072(2) against any . . . In turn, section 456.072(2)(b), Florida Statutes (2015), empowers the Board to impose a penalty of "suspension . . .
. . . Sanchez repeatedly had violated §§ 456.072(l)(v) and 456.063(1) by committing sexual misconduct against . . .
. . . The Department filed a two-count administrative complaint pursuant to sections 464.018(1)(d)(5) and 456.072 . . .
. . . contains the following information regarding the incident and violations: Possible Violation of SS. 456.072 . . .
. . . Department filed an amended administrative complaint against Paylan alleging that she violated section 456.072 . . . reviewing Paylan’s application for renewal, did not base the nonre-newal on Paylan’s violation of section 456.072 . . .
. . . appeals a final administrative order permanently revoking her nursing license for violations of sections 456.072 . . .
. . . . §§ 790.338, 456.072, 395.1055, & 381.026). . . . See § 456.072(l)(nn) (emphasis added). . . . See § 456.072(2)(a)-(j); Joint Statement of Undisputed Facts, D.E. 87, at ¶ 11. . . . Id. at § 456.072(l)(nn). . . . Id. at § 456.072(2)(b)-(d), (f), (i)-(j). . . . Violations of the provisions of subsections (1) — (4) constitute grounds for disciplinary action under ss. 456.072 . . .
. . . Violation of any of the provisions of the Act constitutes grounds for disciplinary action under § 456.072 . . . Stat. § 456.072(l)(nn). . . . Stat. §§ ] 456.072(2) and 395.1055.” Fla. Stat. § 790.338(8). . . . Stat. § 456.072(2). . . . Stat. §§ 381.026, 456.072, 790.338). . . . .
. . . Violation of any of the provisions of the Act constitutes grounds for disciplinary action under § 456.072 . . . Stat. § 456.072(l)(nn). . . . Stat. §§] 456.072(2) and 395.1055.” Fla. Stat. § 790.338(8). . . . Stat. § 456.072(2). . . . Stat. §§ 381.026, 456.072, 790.338). . . . .
. . . and thereby violated section 490.009(l)(w), Florida Statutes (2013), through a violation of section 456.072 . . . in the Administrative Complaint; found that it was authorized by section 490.009(2) and/or section 456.072 . . . Section 456.072, Florida Statutes (2013), is titled “Grounds for discipline; penalties; enforcement” . . . For a violation of section 456.072(l)(ii), the penalty range is “[revocation and a fine of $10,000, or . . . Kale primarily relies on section 456.072(2) and Mann. . . .
. . . itself, what would be deemed an infringement of the law.’ ”); Sloban, 982 So.2d at 31 (holding section 456.072 . . .
. . . (2). § 456.072(l)(nn). . . . Stat. §§ ] 456.072(2) and 395.1055.” § 790.338(8). . . . . § 456.072(2). . . . Farmer, 814 F.Supp.2d 1367, 1384 (S.D.Fla.2011) (citing §§ 456.072(1)(nn), (2), 790.338(1), (2), (5), . . . Stat. §§ 381.026, 456.072, 790.338). . . . .
. . . the Florida Department of Health, Board of Medicine, imposing penalties for a violation of section 456.072 . . . discussed and ultimately recommended an administrative fine of $5,000.00, as authorized by section 456.072 . . . These facts established a prima facie case for a consideration of discipline under section 456.072(l) . . .
. . . it shall issue a final order imposing appropriate penalties, for each count, as set forth in Section 456.072 . . .
. . . Counts 2 and 3 charged the defendant with violating section 456.072(l)(x), Florida Statutes (2009), by . . .
. . . Sabates for the investigation and prosecution of the case in accordance with section 456.072(4), Florida . . . Section 456.072(4), Florida Statutes (2011), permits the Board to impose “costs related to the investigation . . . case” only after it considers “an affidavit of itemized costs and any written objections thereto.” § 456.072 . . . for the Consumer Services and Compliance Management Unit, an award of attorneys’ fees under section 456.072 . . .
. . . The Department concluded that Nath’s misconduct violates sections 456.072(1)(v) (engaging in sexual misconduct . . .
. . . to assess the costs relating to the investigation and prosecution of Appellant pursuant to section 456.072 . . . specify the grounds for the objections and the specific elements of the costs to which he objected. § 456.072 . . . Section 456.072(4) specifies the procedure the Board was required to use to assess the costs relating . . . The Department complied with the plain language in section 456.072(4), and Appellant was on notice of . . .
. . . fees, we reverse the award of $65,134.31 in costs relating to attorneys’ fees awarded under section 456.072 . . . Section 456.072(4) permits the Board to impose “costs related to the investigation and prosecution of . . . requirements” constitutes fundamental error, we reverse this portion of costs awarded under section 456.072 . . .
. . . . §§ 790.338, 381.026, 456.072, 395.1055). The bill created Fla. . . . Stats. §§ 456.072, 395.1055. Pursuant to Fla. . . . The State is further permanently enjoined from enforcing § 456.072(l)(mm), to the extent that it provides . . . 790.338(1), (2), (5), and (6) shall constitute grounds for which disciplinary actions specified under § 456.072 . . .
. . . Board agreed and entered a final order adopting the recommendation, citing sections 464.018(2) and 456.072 . . . Section 464.018(2) states that the "board may enter an order ... imposing any of the penalties in s. 456.072 . . . Section 456.072(2)(b) provides for the "suspension or permanent revocation of a license” for violations . . . of any grounds set forth in section 456.072(1) or the applicable practice act. § 456.072(2)(b), Fla. . . . and mitigating circumstances used by the Board in discharging its duties under sections 464.018 and 456.072 . . .
. . . Similarly, the Board failed to follow the procedure outlined in section 456.072(4), Florida Statutes . . . While section 456.072(4) permits the Board to impose “costs related to the investigation and prosecution . . .
. . . . §§ 790.338, 381.026, 456.072, 395.1055). The bill created Fla. . . . Stats. §§ 456.072, 395.1055. A. . . . However, §§ 790.338(8) and 456.072(l)(mm) provide that a violation of the inquiry restriction provision . . . violation of the antidiscrimination provision may constitute grounds for disciplinary action under § 456.072 . . . See' § 790.338(8); 456.072(l)(mm). . . .
. . . . §§ 456.0721, 456.072(2), 456.072(l)(k). . . .
. . . Pendergraft, who is board certified in obstetrics and gynecology, alleging that he violated sections 456.072 . . . Pendergraft violated sections 456.072(l)(k) and 458.331(l)(g) when he performed a third trimester abortion . . . Pender-graft violated sections 456.072(l)(k) and 458.331(l)(g). . . . Pendergraft’s performance of the third trimester abortion in his clinic was contrary to sections 456.072 . . . Pendergraft argues that the violation of sections 456.072(l)(k) and 458.331(l)(g) cannot serve as the . . .
. . . surgical procedure on a patient’s T3 vertebra level rather than the intended T4 level, violated section 456.072 . . . As the Legislature delegated to the Board the power to enforce section 456.072(l)(aa), we are required . . . Below and in his initial brief, Abram acknowledged the Board’s interpretation that section 456.072(l) . . . We agree with the Department that section 456.072(l)(aa)’s plain meaning does not include a presumption . . . Even if section 456.072(l)(aa) included an irrebuttable presumption that a wrong-site procedure falls . . .
. . . Section 456.072(2)(c), Florida Statutes (2008) specifically authorizes the Department of Health to tailor . . .
. . . .” §§ 458.331(l)(t); 456.072(2), Fla. Stat. (2007). . . .
. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .
. . . To address whether the Board properly denied Appellant’s petition requires us to construe section 456.072 . . . Section 456.072(6) purports to grant the executive branch the authority to make fundamental and primary . . . Accordingly, section 456.072(6) constitutes an unauthorized delegation of legislative authority. . . . This provision later became section 456.072(5), Florida Statutes (1997), now numbered as section 456.072 . . . II, section 3; therefore, section 456.072(6) is unconstitutional. . . . I concur with the majority’s determination that the last two sentences of section 456.072(6), Florida . . .
. . . In this count, the Department charged appellant with violating section 456.072(1)(c), Florida Statutes . . . jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. § 456.072 . . . We therefore affirm ap-pellee’s actions finding appellant in violation of section 456.072(l)(c) and revoking . . . Section 456.072(4), Florida Statutes, controls the award of costs in this matter. . . . See § 456.072(4), Fla. . . .
. . . See §§ 120.60(6), 456.072(1)(q), 456.072(2)(b), Fla. Stat. (2006). See, e.g., Bio-Med Plus, Inc. v. . . .
. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .
. . . Doe of its investigation, it indicated that the allegations involved a possible violation of sections 456.072 . . .
. . . Section 456.072(2), Florida Statutes (2002), lists penalties which the Board may impose when a person . . . of another licensee, or satisfy any terms which are reasonably tailored to the violations found.” § 456.072 . . . dispensing privilege, were authorized by and within the range of permissible penalties under section 456.072 . . .
. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . . exemption is limited to payments and plans “described, defined, or established pursuant to section 456.072 . . . The Debtors point out that the modifier referring to § 456.072 (now § 456.014) appears to modify the . . . Section 456.072 of the Missouri Statutes has been renumbered and is now denominated as § 456.014. . . .
. . . Section 456.072(l)(u), Florida Statutes (2004), allows the suspension of a license of a health care professional . . .
. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .
. . . Osteopathic Medicine, permanently revoking his license to practice osteopathic medicine, pursuant to section 456.072 . . . Whether the Board properly applied § 456.072(l)(f), Florida Statutes, to revoke appellant’s license to . . . A cursory reference to the general provisions of 456.072(l)(f) clearly belies that argument. . . . This statute provides in pertinent part: 456.072 Grounds for discipline; penalties; enforcement.— (1) . . . The Board points out that the “applicable practice act,” referenced in section 456.072(2), is chapter . . .
. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . . 513.430.1(10)(e) is limited to payments and plans “described, defined, or established pursuant to section 456.072 . . . Section 456.072 limits the exemption to payments from “[a] trust created as part of a ... disability . . . Ann. § 456.072 (Supp.2004). . Scarlett v. . . .
. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .
. . . See §§ 456.072(2)(b); 466.028(1)00, Fla. Stat. (2003). . . .
. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .
. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . .
. . . . § 456.072, annuity or similar plan or contract on account of illness, disability, death, or length . . .
. . . plan, nonpublic retirement plan or any similar plan described, defined, or established pursuant to 456.072 . . .
. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . .
. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . .