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Florida Administrative Code (Last Updated: April 18, 2024) |
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61. Department of Business and Professional Regulation |
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61G6. Electrical Contractors' Licensing Board |
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61G6-10. Disciplinary Guidelines |
1(1) In imposing disciplinary penalties upon licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty corresponding to the violations set forth below absent aggravating and mitigating circumstances and subject to the other provisions of Chapters 455 and 489, Part II, F.S.: The cited statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited following the violation description.
87(2) The minimum penalty range is based upon a first time single count violation of each provision listed. The maximum penalty range is based upon repeated violations of the same provision of Chapters 455 and 489, Part II, F.S., or the rules promulgated thereto. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety and welfare. In addition to any other discipline imposed under these guidelines, the board may require restitution to a consumer and or assess costs relating to the investigation and prosecution of the case.
249(3) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:
275VIOLATION
2761st OFFENSE
2782nd OFFENSE
2803rd OFFENSE
282(a) Section 284489.533(1)(a), F.S., 286failure to comply with any provision of Chapter 455, F.S., Section 297489.533(1)(o), F.S., 299failing to materially comply with provisions of Chapter 489, Part II, F.S., or board rules; Section 315455.227(1)(q), F.S., 317violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules, DBPR or Board Order, or subpoena; Section 337455.227(1)(b), F.S., 339intentionally violating a rule of the board or department.
348From reprimand and $500 to $1,000 fine, up to probation or denial.
361From reprimand and $1,000 to $2,500 fine up to suspension followed by probation, or revocation.
378$2,500 to $5,000 fine and/or revocation.
386(b) Section 388489.533(1)(b), F.S., 390Section 391455.227(1)(h), F.S., 393attempting to procure a license by bribery or fraudulent or willful misrepresentations.
405Denial or revocation and $1,000 fine.
412Revocation and $5,000 fine.
417Section 418489.533(1)(b), F.S. 420revocation and $10,000 fine.
425(c) Section 427489.533(1)(c), F.S., 429(Section 430455.227(1)(f), F.S.432), having a license to practice acted against by another jurisdiction.
443Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.
460Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.
477Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.
494(d) Section 496489.533(1)(d), F.S., 498Section 499455.227(1)(c), F.S., 501being convicted of or entering a plea to a crime related to the practice.
515Section 516489.533(1)(d), F.S. 518From reprimand and/or $250 to $1,000 fine, up to probation or denial or revocation.
533Section 534489.533(1)(d), F.S. 536From reprimand and a $1,000 to $5,000 fine up to suspension followed by probation or revocation.
554Section 555489.533(1)(d), F.S. 557From $5,000 to $10,000 fine and/or revocation.
566(e) Section 568489.533(1)(e), F.S., 570Section 571455.227(1)(l), F.S., 573making or filing a false report.
579From reprimand and $250 to $1,000 fine, up to probation.
590From $1,000 to $5,000 fine and suspension followed by probation, or revocation.
604Section 605489.533(1)(e), F.S.607: From $5,000 to $10,000 fine and/or revocation.
617(f) Section 619489.533(1)(f), F.S., 621committing fraud, negligence or misconduct.
626From reprimand and $1,000 to $3,000 fine and or probation.
638From $5,000 to $10,000 fine and or suspension followed by probation or revocation.
653Revocation and/or $10,000 fine.
658(g) Section 660489.533(1)(g), F.S., 662violating Chapter 633, F.S., or rules of State Fire Marshal.
672From $1,000 to $2,500 fine, up to probation or denial.
684From $3,000 to $5,000 fine up to suspension followed by probation or revocation.
699Revocation and/or $10,000 fine.
704(h) Section 706489.533(1)(h), F.S., 708practicing on revoked, suspended, inactive or delinquent license.
716Delinquent: $250 fine, and/or probation or revocation.
723Inactive, Revoked or Suspended: From reprimand and $1,000 to $5,000 fine, up to probation, or denial or revocation.
743Delinquent: From reprimand and $500 to $1,000 fine, up to, suspension followed by probation or revocation.
760Inactive, Revoked or Suspended: From reprimand and $5,000 to $10,000 fine, up to suspension followed by probation or revocation.
781Delinquent: $1,000 to $5,000 fine, and/or suspension or revocation.
792Inactive, Revoked or Suspended: $10,000 fine and/or revocation.
801(i) Section 803489.533(1)(i), F.S., 805violating the applicable building codes or laws of the state, municipality or county.
818From reprimand and $500 to $2,000 fine, up to probation or denial.
831From reprimand and $2,500 to $5,000 fine, up to suspension followed by probation.
846$5,000 to $10,000 fine, and/or revocation.
854(j) Section 856489.533(1)(j), F.S., 858Section 859455.227(1)(j), F.S., 861assisting in unlicensed practice. Section 866489.533(1)(k), F.S., 868knowingly aiding unlicensed practice by combining or conspiring.
876From reprimand and $2,000 to $5,000 fine, up to suspension followed by probation, or denial.
893$5,000 to $10,000 fine, and/or revocation.
901From $10,000 fine and revocation.
907(k) Section 909489.533(1)(l), F.S., 911acting in a name not on the license or failure to properly qualify a firm.
926From reprimand and $500 to $1,000 fine.
934From reprimand and $1,000 to $2,500 fine, up to probation.
946$5,000 to $10,000 fine, up to suspension followed by probation or revocation.
960(l) Section 962489.533(1)(m), F.S., 964financial mismanagement or misconduct.
968$1,000 to $2,500 fine, up to probation, or denial or revocation.
981From reprimand and $3,000 to $7,500 fine up to suspension followed by probation, or revocation.
998$10,000 fine and suspension followed by probation, or revocation.
1008(m) Section 1010489.533(1)(n), F.S., 1012discipline by municipality or county.
1017Penalty for violation most closely approximating act underlying local discipline.
1027Penalty for violation most closely approximating act underlying local discipline.
1037Penalty for violation most closely approximating act underlying local discipline.
1047(n) Section 1049489.533(1)(p), F.S., 1051abandoning a project.
1054From reprimand and $1,000 to $2,500 fine, up to probation, or denial or revocation.
1070From reprimand and $2,500 to $5,000 fine up to suspension followed by probation or revocation.
1087$5,000 to $10,000 fine and/or revocation.
1095(o) Section 1097489.533(1)(q), F.S., 1099failing to affix a registration or certification number as required by Section 1111489.521(7), F.S.
1113From $100 to $250 fine.
1118From $250 to $400 fine.
1123From reprimand and $500 to $1,000 fine.
1131(p) Section 1133489.533(1)(r), F.S., 1135proceeding on job without obtaining local building permits or inspections.
1145From $100 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.
1162From $500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
1179From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
1197(q) Section 1199489.533(1)(s), F.S., 1201Section 1202455.227(1)(o), F.S., 1204practicing beyond scope of license.
1209Geographical: From $100 to $250 fine. Occupational: From $1,000 to $2,500 fine, up to suspension followed by probation, or denial or revocation.
1233Geographical: From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.
1252Occupational: From $2,500 to $5,000 fine, up to suspension followed by probation, or denial or revocation.
1270Geographical: From $2,500 to $5,000 fine, suspension followed by probation up to revocation.
1285Occupational: Section 1287489.533(1)(s), F.S. 1289From $5,000 to $10,000 fine, up to suspension followed by probation, or denial or revocation.
1306Section 1307455.227(l)(o), F.S. 1309From $5,000 fine, up to suspension followed by probation, or denial or revocation.
1323(r) Section 1325455.227(1)(a), F.S., 1327making misleading, deceptive or fraudulent representations in or related to the practice. Section 1340455.227(1)(m), F.S., 1342making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession.
1359From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.
1376$5,000 fine and or suspension followed by probation or revocation.
1387Revocation and $5,000 fine.
1392(s) Section 1394455.227(1)(g), F.S., 1396having been found liable in civil court for filing false report or complaint against another licensee.
1412From $1,000 to $3,000 fine, up to probation or denial.
1424From 1425reprimand and $2,500 to $5,000 fine up to suspension followed by probation.
1439From $5,000 fine and suspension followed by probation or revocation.
1450(t) Section 1452455.227(1)(i), F.S., 1454failing to report to the Department any person in violation of Chapters 455, and 489, Part II, F.S., or Board rules.
1475From $500 fine, up to probation or denial.
1483From reprimand and $750 to $1,500 fine, up to suspension followed by probation.
1497From $2,000 to $5,000 fine, up to suspension followed by probation or revocation.
1512(u) Section 1514455.227(1)(k), F.S., 1516failure to perform any statutory or legal obligation.
1524From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.
1542From $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
1560From $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
1575(z) Section 1577455.227(1)(n), F.S., 1579exercising influence on patient or client for gain of licensee or third party.
1592From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.
1608From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.
1626$5,000 fine and revocation.
1631(w) Section 1633455.227(1)(p), F.S., 1635improper delegation of professional responsibilities.
1640From $250 to $1,000 fine, up to probation or denial.
1651From reprimand and $1,000 to $2,500 fine, up to suspension followed by probation.
1666From $2,500 to $5,000 fine, up to suspension followed by probation or revocation.
1681(x) Section 1683455.227(1)(t), F.S., 1685failing to report to Board, in writing, criminal plea or conviction within 30 days.
1699From reprimand and $500 to $1,000 fine or denial.
1709From $2,000 to $5,000 fine up to suspension.
1719$5,000 fine and/or revocation.
1724(y) Section 1726455.227(1)(r), F.S., 1728improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
1743From $1,000 to $5,000 fine, up to probation or denial.
1755From reprimand and $5,000 fine, up to suspension followed by probation, or revocation.
1769$5,000 fine and suspension, up to revocation.
1777Rulemaking Authority 1779455.2273(1), 1780489.507(3) FS. 1782Law Implemented 1784455.227, 1785455.2273, 1786489.533 FS. 1788History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, 6-15-17, 4-9-24.
