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
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 individualís
or groupís attorney.
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
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 Departmentís 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 subjectís prior disciplinary history; and a costs-benefits analysis
of prosecuting a case through to a final order.
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.