61-31.602. Disciplinary Guidelines  


Effective on Thursday, January 30, 2014
  • 1(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 455, F.S. or Chapter 468, Part XVI, F.S., the following Disciplinary Guidelines shall be followed. 30The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included55:

    56Statutory Violation

    58Description of Violation (This description is a general summary).

    67Penalty Range for First Violation.

    72Penalty Range for Subsequent Violation.

    77(a) Violation of:

    80Section 81468.842(1)(a) 82or 83455.227(1)(q), F.S.

    85Violation of any provision of Chapter 468, Part XVI or Section 96455.227(1), F.S.

    98Fine up to $1000; Plus Reprimand, Probation, or Suspension.

    107Fine up to $5000; Plus Probation, Suspension, or Revocation.

    116(b) Violation of:

    119Section 120468.842(1)(b) 121or 122455.227(1)(h), F.S.

    124Attempting to procure a license by bribery or fraudulent

    133misrepresentations.

    134Fine up to $1000; Plus Reprimand, Probation, Suspension, Revocation, or Denial of License.

    147Fine up to $5000; Plus Probation, Suspension, Revocation, or Denial of License.

    159(c) Violation of:

    162Section 163468.842(1)(c) 164or 165455.227(1)(f), F.S.

    167Having a license to practice mold assessment or mold remediation revoked, suspended, denied or acted against in another state, territory or country.

    189Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.

    199Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    209(d) Violation of:

    212Section 213468.842(1)(d) 214or 215455.227(1)(c), F.S.

    217Being convicted, found guilty, pleading nolo contendere to a crime,  in any jurisdiction, that directly relates to the practice or ability to practice.

    240Fine up to $1000; Plus Reprimand, Suspension, or Revocation.

    249Fine up to $5000; Plus Revocation.

    255(e) Violation of:

    258Section 259468.842(1)(e) 260or 261455.227(1)(l), F.S.

    263Making or filing a known false report, willfully failing to file a required record or report, willfully impeding or obstructing such filing.

    285Fine up to $1000; Plus Reprimand, Probation Suspension, or Revocation.

    295Fine up to $5000; Plus Revocation.

    301(f) Violation of:

    304Section 305468.842(1)(f), F.S.

    307Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

    325Fine up to $1000; Plus Reprimand, Probation, or Suspension.

    334Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    344(g) Violation of:

    347Section 348468.842(1)(g), F.S.

    350Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of mold assessment or remediation services.

    367Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    377Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    387(h) Violation of:

    390Section 391468.842(1)(h), F.S.

    393Failing to perform any statutory or

    399legal obligation placed upon a licensed mold assessor or remediator; violating any provision of Chapter 468, Part XVI, F.S.; violating an order of the Department previously entered.

    426Fine up to $1000; Plus Reprimand, Probation, or Suspension.

    435Fine up to $5000; Plus Probation, Suspension, or Revocation.

    444(i) Violation of:

    447Section 448468.832(1)(i) , F.S.

    450Practicing on a revoked, suspended, inactive or delinquent license.

    459Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, or Revocation.

    471Fine up to $5000; Plus Probation, Suspension, or Revocation.

    480(j) Violation of:

    483Section 484455.227(1)(a), F.S.

    486Making false, fraudulent, deceptive or misleading representations in or related to the practice of the licensee’s profession.

    503Fine up to $1000; Plus Reprimand, Probation, or Suspension.

    512Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    522(k) Violation of:

    525Section 526455.227(1)(b), F.S.

    528Intentional violation of any administrative rule.

    534Fine up to $1000; Plus Reprimand, Probation, Suspension.

    542Fine up to $5000; Plus Suspension, Revocation.

    549(l) Violation of:

    552Section 553455.227(1)(g), F.S.

    555Having been found civilly liable for knowingly filing a false report or complaint against another licensee.

    571Fine up to $1000; Plus Reprimand, or Probation.

    579Fine up to $5000; Plus Suspension, or Revocation.

    587(m) Violation of:

    590Section 591455.227(1)(i), F.S.

    593Knowingly concealing information regarding violation of Chapter 468, Part XVI, F.S., or rules of the Department.

    609Fine up to $1000; Plus Reprimand.

    615Fine up to $5000; Plus Probation, Suspension, or Revocation.

    624(n) Violation of:

    627Section 628455.227(1)(j), F.S.

    630Aiding, assisting, procuring, employing or advising unlicensed person or

    639entity to practice profession contrary to Chapter 468, Part XVI or Chapter 455, F.S. or rules of the Department.

    658Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.

    668Fine up to $5000; Plus Suspension, or Revocation.

    676(o) Violation of:

    679Section 680455.227(1)(k), F.S.

    682Failing to perform any statutory or

    688legal obligation of licensee.

    692Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    702Fine up to $5000; Plus Suspension, or Revocation.

    710(p) Violation of:

    713Section 714455.227(1)(n), F.S.

    716Exercise influence on client for

    721improper financial gain of licensee or third party.

    729Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.

    739Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

    749(q) Violation of:

    752Section 753455.227(1)(o), F.S.

    755Practicing beyond the scope of license.

    761Fine up to $1000; Plus Reprimand, Probation.

    768Fine up to $5000; Plus Suspension.

    774(r) Violation of:

    777Section 778455.227(1)(p), F.S.

    780Accepting and performing or

    784delegating responsibilities licensee knows or should know he or the

    794delegee is not competent to perform.

    800Fine up to $1000; Plus Reprimand, or Probation.

    808Fine up to $5000; Plus Suspension, or Revocation.

    816(r) Violation of:

    819Section 820455.227(1)(r), F.S.

    822Interfering with an investigation, inspection or disciplinary proceeding.

    830Fine up to $1000; Plus Reprimand, Probation Suspension, or Denial of Licensure.

    842Fine up to $1000; Plus Suspension, Revocation, or Denial of Licensure.

    853(2) Additional conditions which may be imposed through a final order:

    864(a) Licensee is placed on probation for a period of time as determined by the Department;

    880(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation, the license will be suspended until the licensee is compliant;

    919(c) The licensee shall demonstrate compliance with all the conditions of the final order, prior to the lifting of probation;

    939(d) Licensee shall complete additional continuing education courses of a specified type, as set forth by the final order, not to exceed more than 14 hours of continuning education courses.

    969(3) Aggravating/Mitigating Circumstances: The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence.

    994(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

    10121. History of previous violations of the practice act or the rules promulgated thereunder;

    10262. The magnitude and scope of the project and the damage inflicted upon the public;

    10413. Evidence of violations of professional practice acts in this or other jurisdictions which resulted in discipline by the regulatory authority;

    10624. Failure to attempt to correct the violation by the licensee;

    10735. Any other relevant aggravating circumstances.

    1079(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

    10971. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted;

    11242. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;

    11433. Restitution of any damages suffered by the licensee’s client;

    11534. Remedial steps taken by the licensee to avoid similar violations in the future;

    11675. Attempts by the licensee to correct the violation;

    11766. Any other relevant mitigating circumstances.

    1182Rulemaking 1183Authority 1184455.2035, 1185455.2273, 1186468.8424 FS. 1188Law Implemented 1190455.227, 1191455.2273, 1192468.8419, 1193468.842 FS. 1195History‒New 1-30-14.

     

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