If probable cause is found that a licensee has violated a practice act, the Office of General Counsel (OGC) may prosecute an administrative action to ensure compliance and/or impose discipline. OGC represents the interests of the people of the state of Florida.

Fairness to all concerned is considered. OGC does not represent individual complainants, the subjects of complaints, or any other interest(s). OGC does not serve as any individual’s or group’s attorney.

The legislature limits the range of administrative discipline that the Department may impose on licensees who violate their practice acts. Administrative law serves a different purpose than does civil law or criminal law. Administrative law provides for different standards of proof and a more restricted range of options and remedies than are available in civil or criminal proceedings. As prosecutor, OGC cannot seek to award monetary damages on behalf of a victim or to cause a licensee to be sentenced to prison.

OGC has, and exercises, prosecutorial discretion. Prosecutorial discretion includes, among other things: weighing the strength of the evidence which would support a violation against the Department’s applicable burden of proof; the motives and biases of the complainant; the motives and biases of the subject; the credibility of each witness; the timeliness or staleness of the complaint; the harm, if any, caused to others by the alleged violation; the subject’s prior disciplinary history; and a costs-benefits analysis of prosecuting a case through to a final order.

OGC’s resources are limited, and thus it strives to allocate the use of those resources to maximize the safety, health, and welfare of Floridians and those who visit and do business in our great state.