§ 38-47. Revocation, modification, suspension or affirmation.

(a)

Every certificate of public convenience and necessity issued pursuant to this division is subject to revocation, modification or suspension when it is found that:

(1)

The certificate holder has failed or neglected to render services as required by the certificate or the rules and regulations promulgated under F.S. ch. 401;

(2)

The application by which the certificate was secured contained false representations or omitted material facts;

(3)

The certificate holder or his agent has demanded money or other compensation in excess of that established in his schedule of fees or rates filed with the board of county commissioners; or

(4)

The certificate holder has been convicted of a felony which renders the certificate holder of such character and conduct which fail to meet standards of conduct considered appropriate in the licensed activity. In determining whether to revoke, suspend or modify a certificate holder's certificate, the board shall consider the following factors:

a.

The nature and seriousness of the offense.

b.

The circumstances under which the felony occurred.

c.

The amount of time which has passed since the commission of the offense.

d.

The age of the person when he committed the offense.

e.

Whether the offense was an isolated or repeated violation.

f.

Social conditions which may have contributed to this offense.

g.

Any evidence of rehabilitation.

h.

The type of position or employment in which the certificate holder is involved.

i.

Any extenuating or mitigating circumstances which the certificate holder may offer.

(b)

Complaints about the service of certificate holders or evidence of infractions shall be received and investigated by the advisory board or its designee. Upon sufficient finding, the advisory board may issue a deficiency correction notice, pursuant to provisions of rules and regulations.

(c)

If the advisory board finds that revocation, suspension, modification or affirmation of a certificate is warranted, notice shall be sent to the certificate holder by certified mail of such finding and of the date of the public hearing on the matter not less than 20 days prior to the hearing date.

(d)

A public hearing shall be held by the advisory board on the scheduled date, for the purpose of considering revocation, suspension, modification or affirmation of the certificate. The advisory board shall then forward a recommendation to the board regarding the status of a certificate in question.

(e)

The board shall then either revoke, modify, suspend or affirm the certificate in question, after providing notice and an opportunity for the applicant or other interested parties to address the board.

(Code 1970, § 6¼-22; Ord. No. 84-02, § 7, 2-7-84)