Florida/Georgia Personal Injury & Workers Compensation

.... licensee who is found guilty of violating any provision of subsection (1) of this section.” In turn, section 456.072(2)(b), Florida Statutes (2015), empowers the Board to impose a penalty of “suspension or permanent revocation of a license.” Section 456.079(1), Florida Statutes, authorized the Board “to adopt by rule ....

...tatutes (2008), [2] as a basis for the penalty. This appeal follows. Fernandez argues that the penalty imposed is unlawful because the Department failed to comply with the legislative requirement that there be penalty guidelines in place pursuant to section 456.079, Florida Statutes (2008), so as to alert licensees of prohibited actions and to ensure consistency in penalties imposed....

...d suspension, followed by a term of probation. See Fla. Admin. Code R. 64B9-8.006(3)(qq) (2006). However, the penalty imposed on Fernandez for Count I, permanent revocation, exceeded the penalty range specified in the guidelines. We acknowledge that section 456.079(3), Florida Statutes (2008), gives the Board discretion to depart from the guidelines and impose a harsher penalty when there are aggravating circumstances. See 456.079(3), Fla....

...Admin. Code R. 64B9-8.006(5)(b) (2006). Accordingly, we reverse the penalty imposed on Count I and remand for a penalty consistent with the guideline. Our holding is without prejudice to the Board imposing a harsher penalty, provided it complies with section 456.079(3) and its own guideline....

...nce as defined by rule 64B9-8.005(2)(n). [5] Fernandez correctly *1205 argues that there is no corresponding penalty guideline for the violation charged in Count II. This is precisely what occurred in Arias. Absent the penalty guidelines required by section 456.079, we are compelled by legislative mandate to reverse the penalty imposed for Count II....

...riating drugs.” In its original final order, the Board accepted the Department’s recommendation and entered an order permanently revoking Fernandez’s nursing license. An appeal to this court followed. As noted above, we reversed (Fernandez I). Section 456.079(3), Florida Statutes (2008), gives the Board discretion to depart from the penalty guidelines set forth in rule 64B9-8.006, Florida Administrative Code (2006), and to impose a harsher penalty when there are aggravating circumstances....

...Department failed to notify her of the allegation of a violation of patient confidentiality. We agree. Each practice board must adopt “disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board . . . .” § 456.079(1), Fla. Stat. These guidelines “provide reasonable and meaningful notice to the public of likely penalties which may be imposed for proscribed conduct . . . .” § 456.079(2), Fla. Stat. To impose a penalty above a guideline for a particular violation, a board must make a “specific finding in the final order of . . . aggravating circumstances.” § 456.079(3), Fla....

...["Appellant"], appeals a final order of the Board of Medicine ["Board"], approving the Administrative Law Judge's ["ALJ"] recommended order suspending his license for one year, with credit for the time his license had been under emergency suspension. We affirm. First, contrary to Appellant's argument, neither section 456.079, Florida Statutes (2001), or Rule 64B8-8.001 requires the ALJ or the Board to consider all enumerated aggravating and mitigating factors and make findings as to each; it provides the mechanism to deviate from the range of penalties when there are such factors....

...mitigating circumstances, and enumerating a non-exhaustive list of circumstances the Board may consider). In imposing a penalty outside the guidelines, the Board must make “[a] specific finding in the final order of mitigating or aggravating circumstances.” § 456.079(3), Fla....

...1st DCA 2015). While the Board has broad discretion when imposing penalties, it is limited to the range delegated by law and must be consistent with the Board’s promulgated rules. See § 120.68(7)(e)1.–2., Fla. Stat. Florida law authorizes the Board to adopt disciplinary guidelines by rule. § 456.079(1), Fla....

...ent effect of the penalty imposed” under rule 64B7–30.002(3)(f). To impose a penalty outside the disciplinary guidelines, the Board was required make “[a] specific finding in the final order of mitigating or aggravating circumstances.” § 456.079(3), Fla....

...argument is that revocation was within the permissible penalty range with or without those aggravating factors. Findings of aggravating circumstances are necessary only when the Board imposes a penalty other than that provided in the Department’s disciplinary guidelines. § 456.079(3), Fla....