context: Although the statutes Dr. Pendergraft is charged with violating may provide penal sanctions, there is no explicit statutory requirement that a licensee be adjudicated guilty of the acts specified in the penal statutes before disciplinary action may be instituted. In fact, both sections 456.072(l)(c) and 458.331(l)(c), Florida Statutes (2005), allow disciplinary action, regardless of adjudication, for crimes the licensee may have committed in any jurisdiction relating to the practice of, or the ability to practice, medicine. Further, even an acquittal in a criminal prosecution will not bar a license revocation proceeding based upon the same offense as the criminal prosecution.
citation_a.signal: no signal
citation_a.identifier: 190 So. 461, 463
citation_a.parenthetical: holding revocation of appellant's medical license not barred by previous acquittal on charge of criminal abortion, even though criminal charge was basis of license revocation proceeding
citation_a.sentence: State ex rel. De Gaetani v. Driskell, 139 Fla. 49, 190 So. 461, 463 (1939) (holding revocation of appellant’s medical license not barred by previous acquittal on charge of criminal abortion, even though criminal charge was basis of license revocation proceeding); see State ex rel. Sbordy v. Rowlett, 138 Fla. 330, 190 So. 59, 61-62 (1939) (recognizing that acquittal in criminal court on identical charges as those forming basis for medical board’s complaint does not bar inquiry into physician’s actions for purposes of depriving him of right to practice medicine).
citation_b.signal: see
citation_b.parenthetical: recognizing that acquittal in criminal court on identical charges as those forming basis for medical board's complaint does not bar inquiry into physician's actions for purposes of depriving him of right to practice medicine
citation_b.sentence: State ex rel. De Gaetani v. Driskell, 139 Fla. 49, 190 So. 461, 463 (1939) (holding revocation of appellant’s medical license not barred by previous acquittal on charge of criminal abortion, even though criminal charge was basis of license revocation proceeding); see State ex rel. Sbordy v. Rowlett, 138 Fla. 330, 190 So. 59, 61-62 (1939) (recognizing that acquittal in criminal court on identical charges as those forming basis for medical board’s complaint does not bar inquiry into physician’s actions for purposes of depriving him of right to practice medicine).