Independence, Integrity, Etc., for Florida Licensed CPAs

May 22nd, 2013

The following information is from Florida Regulations, in the Department of Business and Professional Regulation, Division 61H1 Board of Accountancy:

CHAPTER 61H1-21

INDEPENDENCE, INTEGRITY, ETC.

61H1-21.001       Independence

61H1-21.002       Integrity and Objectivity

61H1-21.003       Commissions or Referral Fees

61H1-21.005       Contingent Fees

61H1-21.006       Communication with Client of Another Certified Public Accountant

61H1-21.001 Independence.

(1) A firm shall not express an opinion on financial statements (as that term is defined in the Standards for Independence) of an enterprise or on the reliability of an assertion by one party for use by another (third) party unless the firm is active licensed and independent with respect to such enterprise or the party making the assertion. A licensed firm is also precluded from expressing such an opinion if the firm is aware that an individual in the firm is not independent and that individual is a covered certified public accountant or is otherwise required to be independent. A certified public accountant shall not express such an opinion unless the certified public accountant is independent with respect to such enterprise or the party making the assertion. A certified public accountant is also precluded from expressing such an opinion if he or she is aware that an individual in the firm is not independent and that individual is a covered certified public accountant or is otherwise required to be independent. All covered certified public accountants and all other individuals who are

required to be independent are required to disclose to the firm that they are not independent prior to the issuance of such an opinion; failure to do so is a violation of this rule. All firms are required to adopt appropriate policies to implement the disclosure requirement and to monitor compliance therewith.

(2) In order to delineate the standards against which a certified public accountant’s independence or lack thereof is to be judged, the Board has created a document entitled “Standards for Determining Independence in the Practice of Public Accountancy for CPAs Practicing Public Accountancy in the State of Florida” (effective 12-31-2004) (hereinafter “Standards for Independence”) which document is hereby incorporated by reference in this rule. The standards contained in the “Standards for Independence” are similar to those contained in the Code of Professional Conduct promulgated by the American Institute of Certified Public Accountants.

(3) In order to be considered independent a certified public accountant must comply with the requirements set out in the “Standards for Independence” and the requirements of this rule.

Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, 10-28-85, Formerly 21A-21.01, Amended 10-20-86, Formerly 21A-21.001, Amended 5-21-03, 1-31-05, 12-10-09.

61H1-21.002 Integrity and Objectivity.

A certified public accountant shall not knowingly misrepresent facts, and, when engaged in the practice of public accounting, shall not subordinate his/her judgment to others including but not limited to clients, employers or other third parties. In tax practice, a certified public accountant may resolve doubt in favor of his/her client as long as there is reasonable support for his/her position.

Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Formerly 21A-21.02, Amended 6-4-86, Formerly 21A-21.02, 21A-21.002, Amended 12-10-09.

61H1-21.003 Commissions or Referral Fees.

(1) A certified public accountant shall not pay or accept a commission or referral fee in connection with the sale of a product or referral of any services as defined in Section 473.302(8)(a) and (c), F.S., or prohibited to non-certified public accountants as listed in Section 473.322, F.S. These services include:

(a) Audit, review or compilation services.

(b) Services for any prospective financial data including forecasts or projections.

(c) Any special procedures engagement resulting in an expression of an opinion when the services fall within the definitions as set forth in Section 473.302(8)(a) and (c) and Section 473.322, F.S.

(2) The certified public accountant must have an engagement letter signed by the client prior to beginning any engagement for which the certified public accountant will receive a commission. The letter must include complete details of the financial arrangements involving compensation for the services rendered.

Rulemaking Authority 473.304, 473.319 FS. Law Implemented 473.319 FS. History–New 12-4-79, Formerly 21A-21.05, 21A-21.005, Amended 11-30-93, 2-23-98, 12-10-09.

61H1-21.006Communication with Client of Another Certified Public Accountant.

If a client of one certified public accountant or firm requests a second certified public accountant or firm to provide professional advice on accounting or auditing matters in connection with an expression of opinion, the second certified public accountant or firm must consult with the first certified public accountant or firm, after obtaining the client’s consent, to make certain that the (the second certified public accountant or firm) is aware of all the relevant facts.

Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-21.06, 21A-21.006, Amended 12-10-09.

This ends the information from the DBPR’s website.  We encourage anyone interested in the CPA statutes to obtain all current and changing information there.

Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues.  For a free consultation with an attorney call: (888) 760-6552.

Tags: , , , , , , , ,
Posted in Florida License Issues | Comments Off

Disciplinary Actions in Florida Related to Pharmacy

May 2nd, 2013

The following are the statutes found on Florida’s Department of Health’s website under, “2012 Statutes and Rules. Pharmacy.”

465.023 Pharmacy permittee; disciplinary action.—

(1) The department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under s. 465.022(3), has:

(a) Obtained a permit by misrepresentation or fraud or through an error of the department or the board;
(b) Attempted to procure, or has procured, a permit for any other person by making, or causing to be made, any false representation;
(c) Violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy; of chapter 499, known as the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392, known as the “Federal Food, Drug, and Cosmetic Act”; of 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse Prevention and Control Act; or of chapter 893;
(d) Been convicted or found guilty, regardless of adjudication, of a felony or any other crime involving moral turpitude in any of the courts of this state, of any other state, or of the United States;
(e) Been convicted or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of this chapter;
(f) Been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, the profession of pharmacy;
(g) Been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud; or
(h) Dispensed any medicinal drug based upon a communication that purports to be a prescription as defined by s. 465.003(14) or s. 893.02 when the pharmacist knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship that includes a documented patient evaluation, including history and a physical examination adequate to establish the diagnosis for which any drug is prescribed and any other requirement established by board rule under chapter 458, chapter 459, chapter 461, chapter 463, chapter 464, or chapter 466.
(2) If a pharmacy permit is revoked or suspended, the owner, manager, or proprietor shall cease to operate the establishment as a pharmacy as of the effective date of such suspension or revocation. In the event of such revocation or suspension, the owner, manager, or proprietor shall remove from the premises all signs and symbols identifying the premises as a pharmacy. The period of such suspension shall be prescribed by the Board of Pharmacy, but in no case shall it exceed 1 year. In the event that the permit is revoked, the person owning or operating the establishment shall not be entitled to make application for a permit to operate a pharmacy for a period of 1 year from the date of such revocation. Upon the effective date of such revocation, the permittee shall advise the Board of Pharmacy of the disposition of the medicinal drugs located on the premises. Such disposition shall be subject to continuing supervision and approval by the Board of Pharmacy.
This ends the information from the Florida Board of Health’s website.

These are some of the situations that could put your Florida Pharmacy license in jeopardy. Your license is your livelihood.

Soreide Law Group, PLLC, will represent those seeking admittance to the Florida Board of Pharmacy. We also represent those pharmacists brought in front of the Florida Board of Pharmacy in disciplinary hearings. To speak to a lawyer regarding these issues please call: (888) 760-6552.

Tags: , , , , , , ,
Posted in Uncategorized | Comments Off

Florida Statutes for Licensed Dentists Regarding Disciplinary Action

April 29th, 2013

The following are just a small sampling (this is only one of three pages) of the statutes regarding grounds for disciplinary actions found on Florida’s Department of Health’s website under Dentistry.

466.028 Grounds for disciplinary action; action by the board.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072

(2): (a) Attempting to obtain, obtaining, or renewing a license under this chapter by bribery, fraudulent misrepresentations, or through an error of the department or the board.

(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(c) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a
crime in any jurisdiction which relates to the practice of dentistry or dental hygiene. A plea of nolo contendere shall create a rebuttable presumption of guilt to the underlying criminal charges.

(d) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content contrary to s. 466.019 or rules of the board adopted pursuant thereto.

(e) Advertising, practicing, or attempting to practice under a name other than one’s own.

(f) Failing to report to the department any person who the licensee knows, or has reason to believe, is clearly in violation of this chapter or of the rules of the department or the board.

(g) Aiding, assisting, procuring, or advising any unlicensed person to practice dentistry or dental hygiene contrary to this chapter or to a rule of the department or the board.

(h) Being employed by any corporation, organization, group, or person other than a dentist or a professional corporation or limited liability company composed of dentists to practice dentistry.

(i) Failing to perform any statutory or legal obligation placed upon a licensee.

(j) Making or filing a report which the licensee knows to be false, failing to file a report or record required by state or federal law, knowingly impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the capacity as a licensee.

(k) Committing any act which would constitute sexual battery, as defined in chapter 794, upon a patient or intentionally touching the sexual organ of a patient.

(l) Making deceptive, untrue, or fraudulent representations in or related to the practice of dentistry.

(m) Failing to keep written dental records and medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken.

(n) Failing to make available to a patient or client, or to her or his legal representative or to the department if authorized in writing by the patient, copies of documents in the possession or under control of the licensee which relate to the patient or client.

(o) Performing professional services which have not been duly authorized by the patient or client, or her or his legal representative, except as provided in ss. 766.103 and 768.13.

(p) Prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the professional practice of the dentist. For the purposes of this paragraph, it shall be legally presumed that prescribing, procuring, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the professional practice of the dentist, without regard to her or his intent.

This information should not be misconstrued as legal advice, and is only a sampling of the statutes in the State of Florida for Dentists.

The Soreide Law Group represents those seeking admittance to the Florida Board of Dentistry. We also represent those dentists brought in front of the Florida Board of Dentistry for disciplinary hearings.  To speak to a lawyer regarding these issues please call: (888) 760-6552.

Tags: , , , , , , ,
Posted in Uncategorized | Comments Off

New Amendment To Veterinary Medicine Statute

April 22nd, 2013

On March 6, 2013, at a Board of Veterinary Medicine meeting in Fort Lauderdale, a unanimous amendment was adopted by the Board to add to 61G18-15.0025 “an American Veterinary Medical Association Approved Method of Chemical method of euthanasia.” This means that all Mobile Veterinary units must maintain a Chemical Method of euthanasia.

The following was the previous statute from the Florida Administrative Code and Register located on the florida.eregulations website:

61G18-15.0025. Minimum Standards for a Mobile Veterinary Practice for Agricultural Animals

  • Effective: Thursday, July 22, 2010 — Wednesday, September 26, 2012 Filed Date: Friday, July 02, 2010

    The following minimum standards shall apply to mobile veterinary medical practices for agricultural animals:

    (1) Mobile units utilized by veterinarians:

    (a) Shall be clean and orderly.

    (b) Shall contain the following:

    1. Sterile syringes and needles.

    2. Properly stored biologics.

    3. Antiseptic intravenous equipment.

    4. If controlled substances are on the unit, a locking secure cabinet for storage and an accurate controlled substance log.

    5. When surgery is to be performed, the following shall be maintained:

    a. Surgical instruments,

    b. Access to a means of sterilization,

    c. Suture material, and

    d. Intravenous equipment.

    (2) When working with known infectious diseases within a herd, precautions shall be used to prevent transmission of infectious agents to another animal whether or not within the herd.

    (3) Veterinarians must have a written agreement with a clinic or hospital for the provision of long term hospitalization, surgery, or radiology, if these services are not provided by the mobile clinic.

    (4) Veterinarians must furnish a permanent address at which the veterinarian can be reached so that their clients can request veterinary medical records.

    Rulemaking Authority 474.206, 474.215(6) FS. Law Implemented 474.215(6) FS. History–New 7-4-95, Amended 7-22-10.

    This ends the information from Florida Administrative Code.

    The Soreide Law Group will represent you in front of the Florida Board of Veterinary Medicine. To speak to a lawyer regarding licensing issues please call: (888) 760-6552.

 

 

Tags: , , , , , , , ,
Posted in Florida License Issues | Comments Off

Florida Licensed CPAs

March 5th, 2013

In the State of Florida, The Uniform CPA Exam, administered by the American Institute of Certified Public Accountants (AICPA) is a prerequisite for earning the CPA certificate in Florida, as well as throughout the rest of the United States and its territories. The Uniform CPA Exam allows state boards of accountancy to determine a CPA candidate’s competence.

The Uniform CPA Exam is the same throughout the United States, however, eligibility requirements for taking the exam vary from state to state.

Go to the Florida Board of Accountancy’s website to view a full list of requirements for taking the Uniform CPA Exam in Florida.

There are 23 colleges and universities in Florida that offer accredited accounting programs and related degrees. CPAs are accountants who have at least a bachelor’s degree from a university that has an accredited accounting curriculum, and who have taken the written CPA examination.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues.  For a free consultation an attorney call: (888) 760-6552.

Tags: , , , , , , , ,
Posted in Uncategorized | Comments Off

Discipline Actions Against Florida Nurses

January 31st, 2013

The following information was obtained from the Official Internet Site of the Florida Legislature, “The 2012 Florida Statutes.”  This is a listing of the Statutes from the State of Florida regarding the discipline of nurses.

“464.018 Disciplinary actions.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.456.072(2):

(a) Procuring, attempting to procure, or renewing a license to practice nursing by bribery, by knowing misrepresentations, or through an error of the department or the board.
(b) Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing.
(d) Being found guilty, regardless of adjudication, of any of the following offenses:

1. A forcible felony as defined in chapter 776.
2. A violation of chapter 812, relating to theft, robbery, and related crimes.
3. A violation of chapter 817, relating to fraudulent practices.
4. A violation of chapter 800, relating to lewdness and indecent exposure.
5. A violation of chapter 784, relating to assault, battery, and culpable negligence.
6. A violation of chapter 827, relating to child abuse.
7. A violation of chapter 415, relating to protection from abuse, neglect, and exploitation.
8. A violation of chapter 39, relating to child abuse, abandonment, and neglect.
(e) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s.741.28.
(f) Making or filing a false report or record, which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the nurse’s capacity as a licensed nurse.
(g) False, misleading, or deceptive advertising.
(h) Unprofessional conduct, as defined by board rule.
(i) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes authorized by this part.
(j) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice nursing because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The licensee against whom the petition is filed shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A nurse affected by the provisions of this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of nursing with reasonable skill and safety to patients.
(k) Failing to report to the department any person who the licensee knows is in violation of this part or of the rules of the department or the board; however, if the licensee verifies that such person is actively participating in a board-approved program for the treatment of a physical or mental condition, the licensee is required to report such person only to an impaired professionals consultant.
(l) Knowingly violating any provision of this part, a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the department.
(m) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the nurse knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the nurse also provides services.
(n) Failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience.
(o) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The board may enter an order denying licensure or imposing any of the penalties in s.456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).
(3) The board shall not reinstate the license of a nurse, or cause a license to be issued to a person it has deemed unqualified, until such time as it is satisfied that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of nursing.
(4) The board shall not reinstate the license of a nurse who has been found guilty by the board on three separate occasions of violations of this part relating to the use of drugs or narcotics, which offenses involved the diversion of drugs or narcotics from patients to personal use or sale.
(5) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license.”
This ends the article from the website. This is merely a reminder of the statutes.  We highly recommend checking regularly with the Florida Department of Health.
If you feel your Florida professional nursing license is in jeopardy, contact us. Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website a www.floridaprofessionallicense.com.

Tags: , , , , , , , , , , , , , , , , , , , , , , ,
Posted in Uncategorized | Comments Off

Use a Licensed CPA to Prepare Your Taxes

January 25th, 2013
On Florida’s Department of Business and Professional Regulation’s website, they remind the public  that it’s tax season, and at DBPR they work with the Florida Institute of Certified Public Accountants (FICPA) to remind people that before they hire a certified public accountant, they should check to make sure that person has a state license. Unlicensed certified public accounting activity not only takes jobs away from licensed Florida professionals, it can also cause serious financial harm to consumers.
The DBPR works to educate the public about the importance of using licensed professionals. Florida state licenses for certified public accountants, can be checked at the Florida license website. Make sure to check before you hire a CPA this tax season.
Also, CPA’s, make sure your license is current and in good standing.  Remember, your license is your livelihood.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues. For more information about professional licensing law please visit our website at: http://www.floridaprofessionallicense.com or call to speak with an attorney at: (888) 760-6552.

Tags: , , , , , , , , , , , , , , , , , , , ,
Posted in Florida License Issues | Comments Off

All Florida Engineers Must Renew Licenses by February 28, 2012

January 14th, 2013

The following appeared on the (FBPE) Florida Board of Professional Engineers’ website.

 

“All current and active licenses for Florida engineers are set to expire on February 28, 2013.  Licensure renewal officially opened on November 5, 2012.”

 

The FBPE has provided valuable information, guidelines and explanations of changes that have been made.  We highly recommend visiting the FBPE’s website for the most current and up-to-date information.

If you feel your Florida professional license is in jeopardy contact us. Remember, your license is your livelihood.

Soreide Law Group will represent you in front of the Florida Board of Professional Engineers regarding licensing issues.  To speak with an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.

 

Tags: , , , , , , , , , , , , , , , , , , , , ,
Posted in Uncategorized | Comments Off

Discipline of Florida Licensed Real Estate Appraisers

January 10th, 2013

The following appeared on the “The 2012 Florida Statutes” from the Official Internet Site of the Florida Legislature. This is a listing of the Statutes from the State of Florida regarding the discipline of real estate appraisers.

“475.624 Discipline of appraisers.—The board may deny an application for registration or certification of an appraiser; may investigate the actions of any appraiser registered, licensed, or certified under this part; may reprimand or impose an administrative fine not to exceed $5,000 for each count or separate offense against any such appraiser; and may revoke or suspend, for a period not to exceed 10 years, the registration, license, or certification of any such appraiser, or place any such appraiser on probation, if the board finds that the registered trainee, licensee, or certificateholder:

(1) Has violated any provision of this part or s. 455.227(1); however, any appraiser registered, licensed, or certified under this part is exempt from s. 455.227(1)(i).
(2) Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a contract, whether written, oral, express, or implied, in an appraisal assignment; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the registered trainee appraiser or licensed or certified appraiser that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the registered trainee appraiser or licensed or certified appraiser, or was an identified member of the general public.
(3) Has advertised services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
(4) Has violated any provision of this part or any lawful order or rule issued under this part or chapter 455.
(5) Has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the activities of a registered trainee appraiser or licensed or certified appraiser or that involves moral turpitude or fraudulent or dishonest conduct. The record of a conviction certified or authenticated in such form as admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt.
(6) Has had a registration, license, or certification as an appraiser revoked, suspended, or otherwise acted against; has been disbarred; has had her or his registration, license, or certificate to practice or conduct any regulated profession, business, or vocation revoked or suspended by this or any other state, any nation, or any possession or district of the United States; or has had an application for such registration, licensure, or certification to practice or conduct any regulated profession, business, or vocation denied by this or any other state, any nation, or any possession or district of the United States.
(7) Has become temporarily incapacitated from acting as an appraiser with safety to those in a fiduciary relationship with her or him because of drunkenness, use of drugs, or temporary mental derangement; however, suspension of a license, certification, or registration in such cases shall only be for the period of such incapacity.
(8) Is confined in any county jail, postadjudication; is confined in any state or federal prison or mental institution; or, through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity.
(9) Has failed to inform the board in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.
(10) Has been found guilty, for a second time, of any misconduct that warrants disciplinary action, or has been found guilty of a course of conduct or practice that shows that she or he is incompetent, negligent, dishonest, or untruthful to an extent that those with whom she or he may sustain a confidential relationship may not safely do so.
(11) Has made or filed a report or record, either written or oral, that the registered trainee appraiser or licensed or certified appraiser knows to be false; has willfully failed to file a report or record required by state or federal law; has willfully impeded or obstructed such filing; or has induced another person to impede or obstruct such filing. However, such reports or records shall include only those that are signed or presented in the capacity of a registered trainee appraiser or licensed or certified appraiser.
(12) Has obtained or attempted to obtain a registration, license, or certification by means of knowingly making a false statement, submitting false information, refusing to provide complete information in response to an application question, or engaging in fraud, misrepresentation, or concealment.
(13) Has paid money or other valuable consideration, except as required by this section, to any member or employee of the board to obtain a registration, license, or certification under this section.
(14) Has violated any standard of professional practice established by rule of the board, including standards for the development or communication of a real estate appraisal.
(15) Has failed or refused to exercise reasonable diligence in developing an appraisal or preparing an appraisal report.
(16) Has failed to communicate an appraisal without good cause.
(17) Has accepted an appraisal assignment if the employment itself is contingent upon the appraiser reporting a predetermined result, analysis, or opinion or if the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion, or valuation reached upon the consequences resulting from the appraisal assignment.
(18) Has failed to timely notify the department of any change in business location, or has failed to fully disclose all business locations from which she or he operates as a registered trainee appraiser or licensed or certified appraiser.”
This ends the article from the website.

If you feel your Florida professional license is in jeopardy contact us. Remember, your license is your livelihood.

Attorney Lars Soreide, of  Soreide Law Group, PLLC, will represent you in front of the Florida Real Estate Appraisal Board and/or the Florida Real Estate Commission regarding licensing issues. To speak to an attorney, please call: (888)760-6552 or visit our website at: http://www.floridaprofessionallicense.com.

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , ,
Posted in Florida License Issues | Comments Off

Florida Veterinary Medicine

January 9th, 2013

The following information was obtained from the Florida Department of Business and Professional Regulation’s website listed under Board of Veterinary Medicine.  This is just a fraction of the Florida Statutes listed under Disciplinary proceedings.

“474.214 Disciplinary proceedings.—

(1) The following acts shall constitute grounds for which the disciplinary actions in subsection (2) may be taken:

(a) Attempting to procure a license to practice veterinary medicine by bribery, by fraudulent representations, or through an error of the department or the board.
(b) Having a license or the authority to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including any agency or subdivision thereof. The licensing authority’s acceptance of a veterinarian’s relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the veterinarian’s license or authority to practice, shall be construed as action against the veterinarian’s license or authority to practice.
(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of veterinary medicine or the ability to practice veterinary medicine. Any crime which demonstrates a lack of regard for animal life relates to the ability to practice veterinary medicine. In addition, crimes relating to the ability to practice veterinary medicine shall include, but not be limited to, crimes involving any violation of state or federal drug laws.
(d) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian.
(e) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.
(f) Violating any provision of this chapter or chapter 455, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department.
(g) Practicing with a revoked, suspended, inactive, or delinquent license.
(h) Being unable to practice veterinary medicine with reasonable skill or safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. In enforcing this paragraph, upon a finding by the secretary, the secretary’s designee, or the probable cause panel of the board that probable cause exists to believe that the licensee is unable to practice the profession because of the reasons stated in this paragraph, the department shall have the authority to compel a licensee to submit to a mental or physical examination by a physician designated by the department. If the licensee refuses to comply with the department’s order, the department may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business. The licensee shall not be named or identified by initials in any other public court records or documents and the enforcement proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee affected under this paragraph shall be afforded an opportunity at reasonable intervals to demonstrate that she or he can resume the competent practice for which she or he is licensed with reasonable skill and safety to patients. Neither the record of proceedings nor the orders entered by the board in any proceedings under this paragraph shall be used against a licensee in any other proceedings.
(i) Judicially determined mental incompetency. However, a license suspended for this cause may be reinstated upon legal restoration of the competency of the individual whose license was so suspended.”
This ends the information from the DBPR’s website.
Again, this was only a fraction of the statutes relating to discipline, licensing and regulating veterinarians.  The board meets regularly to consider applications for licensure, to review disciplinary cases, and to conduct informal hearings relating to licensure and discipline.
Remember, your license is your livelihood.
The Soreide Law Group will represent you in front of the Florida Board of Veterinary Medicine. To speak to a lawyer regarding licensing issues please call: (888) 760-6552, or visit our website at: www.floridalicenselaws.com

Tags: , , , , , , , , , , , , , , , , ,
Posted in Uncategorized | Comments Off

« Older Entries