(1) The department shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this part, or of any rule adopted by the department, has occurred. The department may investigate or continue to investigate, and may take appropriate final action on, a complaint even though the original complainant withdraws his or her complaint or otherwise indicates a desire not to cause it to be investigated to completion. When an investigation of any person is undertaken, the department shall notify that person of the investigation and inform him or her of the substance of any complaint filed against him or her. The department may conduct an investigation without notifying any person if the act under investigation is a crime.
(2) The department shall expeditiously investigate each complaint. When its investigation is complete, the department shall prepare an investigative report. The report must contain the investigative findings and the recommendations of the department concerning the existence of probable cause.
(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency.
History.—s. 18, ch. 84-317; s. 1, ch. 85-65; s. 5, ch. 89-162; s. 18, ch. 90-344; ss. 22, 36, ch. 92-78; s. 800, ch. 95-148; s. 234, ch. 96-406.
Structure Florida Statutes
Chapter 401 - Medical Telecommunications and Transportation
Part III - Medical Transportation Services (Ss. 401.2101-401.465)
401.24 - Emergency medical services state plan.
401.245 - Emergency Medical Services Advisory Council.
401.25 - Licensure as a basic life support or an advanced life support service.
401.251 - Air ambulance service; licensure.
401.252 - Interfacility transfer.
401.253 - Reporting of controlled substance overdoses.
401.254 - Treatment of injured police canines.
401.26 - Vehicle permits for basic life support and advanced life support services.
401.268 - Protocols with regional poison control centers.
401.27 - Personnel; standards and certification.
401.2701 - Emergency medical services training programs.
401.2715 - Recertification training of emergency medical technicians and paramedics.
401.272 - Emergency medical services community health care.
401.273 - Emergency medical technician and paramedic registry for disasters and emergencies.
401.2915 - Automated external defibrillators.
401.2916 - Educational campaign.
401.31 - Inspection and examination.
401.321 - Transferability of license; effect of sale, transfer, assignment, or lease of service.
401.345 - Emergency Medical Services Trust Fund.
401.38 - Participation in federal programs.
401.411 - Disciplinary action; penalties.
401.414 - Complaint investigation procedures.
401.421 - Injunctive relief; cease and desist notice; civil penalty; enforcement.
401.425 - Emergency medical services quality assurance; immunity from liability.
401.435 - First responder agencies and training.
401.445 - Emergency examination and treatment of incapacitated persons.