The Florida Senate

¹246.226  Disciplinary proceedings.--

(1)(a)  The board shall cause to be investigated any suspected violation of a provision of ss. 246.201-246.231 or rule of the board. Regardless of the source of information regarding the violation, an investigation may be continued until it is completed and an investigative report is presented to a probable cause panel of the board.

(b)  Any institution or individual that is the subject of an investigation by the board shall be notified by the board of the investigation and the substance of the complaint that prompted the investigation. Notification may be withheld upon the recommendation of the executive director and concurrence of the chair of the board if both parties agree that notification would impede the investigation. The board may also withhold notification to a person under investigation for an act which constitutes a criminal offense.

(2)  The board shall investigate complaints in a timely manner. The complaint and all information obtained by the board during the resultant investigation shall be confidential and exempt from the provisions of s. 119.07(1) for a maximum of 10 days after the probable cause panel declares a finding of probable cause. The board may provide information obtained pursuant to this subsection to any law enforcement or regulatory agency. The board may utilize consultants who possess expertise or specialized knowledge regarding the substance of the investigation. Any such consultants shall be subject to the provisions of this subsection. A consultant so utilized shall prepare and submit an investigative report that contains the investigative findings and recommendations concerning the existence of probable cause to the probable cause panel. The probable cause panel may request additional investigative information within 15 days of receipt of an investigative report. The panel shall make its determination of probable cause no later than 30 days after it receives the final investigative report.

(3)  The determination of probable cause shall be made by a majority vote of the probable cause panel. The panel shall be composed pursuant to board rule. The proceedings of such panel shall be exempt from the provisions of ss. 120.525 and 286.011 until the panel declares a finding of probable cause. After the panel declares a finding of probable cause, the board may issue an administrative complaint and prosecute such complaint pursuant to the provisions of chapter 120.

(4)  The board members who did not serve on the probable cause panel shall review the recommended order of the administrative law judge and shall issue a final order for each such hearing. Such order shall constitute final agency action.

(5)  Upon written request by an informant, the board shall notify the informant of the status of an investigation, civil action, or administrative proceeding. The findings of the probable cause panel shall not be disclosed until the information is no longer confidential.

(6)  A privilege against civil liability is granted to any informant or any witness who provides information in good faith for an investigation or proceeding conducted pursuant to this section.

(7)  The board may deny initial licensure, renewal licensure, or amended licensure on the basis of all information available to the board. Such actions shall not be considered disciplinary and shall not require probable cause proceedings.

History.--ss. 9, 15, ch. 86-275; s. 1, ch. 88-375; s. 24, ch. 89-344; s. 84, ch. 90-360; s. 4, ch. 91-429; s. 94, ch. 95-148; s. 106, ch. 96-406; s. 55, ch. 96-410; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.