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Office of the General Counsel as Prosecutor

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 individualís or groupís 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 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.

OGCís 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.

2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395

The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement

Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change.