Unlicensed Activity Citation
The Department of Health (“the Department”) is the state agency regulating the unlicensed practice of health care professionals in Florida.
Section 456.65, Florida Statute (2017) empowers the Department to issue a “Notice to Cease and Desist” when the Department has probable cause to believe that a person is practicing a health care profession without an active, valid license to practice that profession.
This article explains what you should do after being served with a “Uniform Unlicensed Activity Citation” from the Florida Department of Health or a “Notice to Cease and Desist.”
Attorney for Unlicensed Activity Allegations in Tampa, FL
Many of these allegations relate to practicing as a licensed medical professional when the Department records show that the person is not licensed in the State of Florida.
If you receive a “Uniform Unlicensed Activity Citation” or a “Notice to Cease and Desist,” contact the attorneys at the Sammis Law Firm in Tampa, FL, to discuss your case.
The Assistant General Counsel, Office of the General Counsel, and Prosecution Services Unit for the Florida Department of Health litigate the hearings for the department. The best outcome in these cases is getting the Assistant General Counsel to agree to the following:
- not to file the Cease & Desist;
- drop the citation;
- waive any fine; and
- close the case.
We can help you respond to the citation within 30 days by seeking a review to contest and dispute the citation and by filng a request for a hearing.
Call (813) 250-0500 today.
Don’t Waive Your Right to Judicial Review
If you have any defense for the violation, you should request a hearing to dispute the citation immediately. Do not miss that 30-day deadline.
A final order will be issued if you request a hearing and the matter is not resolved in your favor after you present your defenses.
The final order constitutes a final agency action of the Department that triggers your right to judicial review as explained in Section 120.68, Florida Statutes.
The Florida Rules of Appellate Procedure govern the proceedings. Such proceedings are commenced by filing one copy of the Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees prescribed by law, with the appropriate district court of appear in accordance with the provision of the Florida Rule of Appellate Procedure 9.110.
The Notice of Appeal must be filed within 30 days of the rendition of the Final Order to be reviewed. The rendition date is the date the citation becomes the final agency action.
Sample Petition Involving Disputed Material Facts in the Citation
Your attorney can file your petition to dispute material facts in the citation. The petition must be double-spaced on an 8 1/2 by 11-inch white paper referencing the citation number and petitioner’s contact information.
Re: [name and address of the agency affected, agency’s file or identification number if known]
Dear Agency Clerk,
The petitioner, __[insert name]____, through undersigned counsel, hereby files this dispute of the citation in conformance with Florida Administrative Code Rules 28-106.201 or 28-106.301, as applicable. This petition is being served by mail to the Agency Clerk, Department of Health (DOH), 4052 Bald Cypress Way, BIN#A-02, Tallahassee, FL, and facsimile to 850-413-8743.
We are demanding an evidentiary proceeding because of disputed issues of material fact, including the allegation in the citation that the Petition did practice, attempt to practice or offered to practice [____insert applicable profession ____]. The petitioner’s substantial interests will be affected by the agency determination because _____________________.
In support of this petition, the Petitioner shows:
- Petition received notice of agency decision by ______ on _________.
- The agency decision and citation is attached as Exhibit “A.”
- The disputed issues of material fact are that Petition did not practice, attempt to practice or offered to practice [____insert applicable profession ____] on _____ at __[insert location]____ as alleged in Exhibit “A.”
- The ultimate facts include: _________[list all of the facts in dispute and any other facts that are favorable]_____.
- These specific facts warrant the reversal of the agency’s proposed action.
- The following rules or statutes require reversal or modification of the agency’s proposed action (include an explanation of how the alleged facts related to the specific rules or statutes);
- The relief sought by the petition is to invalidate, quash, or set aside the citation for the reasons cited herein.
Please refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. Please attach a copy of the petition and a copy of the notice of agency action in compliance with FAC 28-106.201.
Please provide us with the administrative hearing’s date, time, and location. The Petition hereby demands a copy of any documents in possession of the DOH that will be used to support the allegations contained in the citation, including any witness list, police reports, audio recordings or video recordings, or any written correspondence from any witness in this case.
If there is a copy cost to obtain such documents, please let us know the amount and how to make payment. Additionally, the Petition will request a subpoena for any witness listed in the supporting documents to force their attendance at the formal review hearing.
The Petitioner’s contact information:
Sincerely,
[[undersigned attorney’s contact information]]
The Form for Citations for Unlicensed Activity in Florida
The uniform unlicensed activity citation issued by the Florida Department of Health uses form INV Form 616U. It often provides:
Under Section 456.065, F.S., the undersigned, who is an investigator for the Department of Health, hereby certifies that the Department has probable cause to believe that the above-referenced subject did violate the following provisions of law, F.S. 480.047(1)(a) and 456.065(2)(d), by committing the following, including but not limited to, act:….
-
- did practice, attempt to practice, or offered to practice _________ without an active, valid Florida ______ license
- when per Department records, that person is not a licensed ___________ in the State of Florida.
Under Section 456.065, F.S., and Rule 64B-6.03, F.A.C., the Department will set the penalty for violations of the aforesaid provision. The fines and costs are due within 30 calendar days from the date of the service of the citation.
An attorney can help you seek a review of the citation by filing an appropriate petition with the Agency Clerk. The petition must be filed in conformance with Administrative Code Rules 28-106.201 or 28-106.301, as applicable. Mediation is not available.
The Department must receive the petition within 30 calendar days of the citation’s service date. The petition must be sent by mail, hand delivery, or facsimile. The failure to file a dispute within 30 calendar days of service shall constitute a waiver of hearing, and the citation shall automatically become a Final Order of the Department.
The failure to comply with the Formal Order may result in legal action by the Department, as well as additional fines and costs, in accordance with Section 456.065(2), Florida Statutes.
This article was last updated on Wednesday, April 19, 2023.
