(1) A licensee may petition the department to review a disciplinary incident to determine whether the specific violation meets the standard of a minor violation as set forth in s. 455.225(3). If the circumstances of the violation meet that standard and 2 years have passed since the issuance of a final order imposing discipline, the department shall reclassify that violation as inactive if the licensee has not been disciplined for any subsequent minor violation of the same nature. After the department has reclassified the violation as inactive, it is no longer considered to be part of the licensee’s disciplinary record, and the licensee may lawfully deny or fail to acknowledge the incident as a disciplinary action.
(2) The department may establish a schedule classifying violations according to the severity of the violation. After the expiration of set periods of time, the department may provide for such disciplinary records to become inactive, according to their classification. After the disciplinary record has become inactive, the department may clear the violation from the disciplinary record and the subject person or business may lawfully deny or fail to acknowledge such disciplinary actions.
(3) Notwithstanding s. 455.017, this section applies to the disciplinary records of all persons or businesses licensed by the department.
History.—s. 143, ch. 99-251; s. 71, ch. 2013-18.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 455 - Business and Professional Regulation: General Provisions
455.017 - Applicability of This Chapter.
455.10 - Restriction on Requirement of Citizenship.
455.116 - Regulation Trust Funds.
455.1165 - Federal Grants Trust Fund.
455.117 - Sale of Services and Information by Department.
455.201 - Professions and Occupations Regulated by Department; Legislative Intent; Requirements.
455.203 - Department; Powers and Duties.
455.2035 - Rulemaking Authority for Professions Not Under a Board.
455.204 - Long-Range Policy Planning; Plans, Reports, and Recommendations.
455.205 - Contacting Boards Through Department.
455.207 - Boards; Organization; Meetings; Compensation and Travel Expenses.
455.208 - Publication of Information.
455.209 - Accountability and Liability of Board Members.
455.211 - Board Rules; Final Agency Action; Challenges.
455.212 - Education; Substituting Demonstration of Competency for Clock-Hour Requirements.
455.2121 - Education; Accreditation.
455.2123 - Continuing Education.
455.2124 - Proration of or Not Requiring Continuing Education.
455.213 - General Licensing Provisions.
455.2171 - Use of Professional Testing Services.
455.2175 - Penalty for Theft or Reproduction of an Examination.
455.2177 - Monitoring of Compliance With Continuing Education Requirements.
455.2178 - Continuing Education Providers.
455.2179 - Continuing Education Provider and Course Approval; Cease and Desist Orders.
455.218 - Foreign-Trained Professionals; Special Examination and License Provisions.
455.2185 - Exemption for Certain Out-of-State or Foreign Professionals; Limited Practice Permitted.
455.219 - Fees; Receipts; Disposition; Periodic Management Reports.
455.221 - Legal and Investigative Services.
455.2228 - Barbers and Cosmetologists; Instruction on HIV and Aids.
455.223 - Power to Administer Oaths, Take Depositions, and Issue Subpoenas.
455.224 - Authority to Issue Citations.
455.225 - Disciplinary Proceedings.
455.2255 - Classification of Disciplinary Actions.
455.227 - Grounds for Discipline; Penalties; Enforcement.
455.2273 - Disciplinary Guidelines.
455.2274 - Criminal Proceedings Against Licensees; Appearances by Department Representatives.
455.2275 - Penalty for Giving False Information.
455.2277 - Prosecution of Criminal Violations.
455.2278 - Restriction on Disciplinary Action for Student Loan Default.
455.2281 - Unlicensed Activities; Fees; Disposition.
455.2286 - Automated Information System.
455.232 - Disclosure of Confidential Information.
455.24 - Advertisement by a Veterinarian of Free or Discounted Services; Required Statement.
455.243 - Authority to Inspect.
455.245 - Veterinarians; Immediate Suspension of License.
455.271 - Inactive and Delinquent Status.