61K1-4.015. Disciplinary Guidelines  


Effective on Thursday, March 14, 2013
  • 1(1) The commission shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The commission shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the commission finds an aggravating or mitigating circumstance, in which case the commission may deviate from the guideline penalty. The following disciplinary guidelines shall be followed by the commission in imposing disciplinary penalties upon licensees for violation of the noted statutes and rules:

    82(a) Being guilty of violating Chapter 548, F.S. or the rules of the commission. (Section 97548.071(1), F.S.99)

     

    100MINIMUM

    101MAXIMUM

    102FIRST OFFENSE

    104$250 fine

    106denial of licensure or

     

     

    110$5000 fine and suspension

     

     

    114to be followed by a term of

     

     

    121probation

     

     

     

    122SECOND OFFENSE

    124$500 fine and probation

    128denial of licensure or

     

     

    132revocation

    133(b) Having commited fraud or deceit in securing any license or permit. (Section 146548.071(2), F.S.148)

     

    149MINIMUM

    150MAXIMUM

    151FIRST OFFENSE

    153$1000 fine and probation

    157denial of licensure or

     

     

    161$5000 fine and suspension

     

     

    165to be followed by a term of

     

     

    172probation

     

     

     

    173SECOND OFFENSE

    175$5000 fine and suspension

    179denial of licensure

     

     

    182or $5000 fine and

     

     

    186revocation

    187(c) Having an 190officer, trustee, partner, director, or owner 196who has been convicted of, having 202pleaded guilty to, or having entered a plea of nolo contendere to, or having been found guity of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation. (Section 237548.071(3), F.S.239)

     

    240MINIMUM

    241MAXIMUM

    242FIRST OFFENSE

    244$500 fine and probation

    248denial of licensure or

     

     

    252$5000 fine and suspension

     

     

    256to be followed by a term of

     

     

    263probation

     

     

     

    264SECOND OFFENSE

    266$1000 fine and suspension

    270denial of licensure

     

     

    273or $5000 fine and

     

     

    277revocation

    278(d) Being guilty of unprofessional or unethical conduct. (Section 287548.071(4), F.S.289)

     

    290MINIMUM

    291MAXIMUM

    292FIRST OFFENSE

    294$250 fine

    296denial of licensure or

     

     

    300$5000 fine and suspension

     

     

    304to be followed by a term of

     

     

    311probation

     

     

     

    312SECOND OFFENSE

    314$500 fine and probation

    318denial of licensure or

     

     

    322$5000 fine and revocation

    326(e) Having made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under Chapter 548, F.S. (Section 364548.071(5), F.S.366)

     

    367MINIMUM

    368MAXIMUM

    369FIRST OFFENSE

    371$1000 fine

    373denial of licensure or

     

     

    377$5000 fine and suspension

     

     

    381to be followed by a term of

     

     

    388probation

     

     

     

    389SECOND OFFENSE

    391$2000 fine and probation

    395denial of licensure or

     

     

    399$5000 fine and revocation

    403(f) Having loaned her or his license or permit to another person or having borrowed or used the license or permit of another. (Section 427548.071(9), F.S.429)

     

    430MINIMUM

    431MAXIMUM

    432FIRST OFFENSE

    434$1000 fine and probation

    438denial of licensure or

     

     

    442$2000 fine and suspension

     

     

    446to be followed by a term of

     

     

    453probation

     

     

     

    454SECOND OFFENSE

    456$300 fine and suspension

    460denial of licensure or

     

     

    464$5000 fine and revocation

    468(g) Having employed a person who does not hold a license or permit as required by law. (Section 486548.071(10), F.S.488)

     

    489MINIMUM

    490MAXIMUM

    491FIRST OFFENSE

    493$500 fine

    495denial of licensure or

     

     

    499$1000 fine and suspension

     

     

    503to be followed by a term of

     

     

    510probation

     

     

     

    511SECOND OFFENSE

    513$3000 fine and probation

    517denial of licensure or

     

     

    521$5000 fine and revocation

    525(h) Having been disciplined by the commission or similar agency or body of any jursidiction. (Section 541548.071(12), F.S.543)

     

    544MINIMUM

    545MAXIMUM

    546FIRST OFFENSE

    548$1000 fine and same penalty

    553denial of licensure or

     

    557imposed by the other

    561$5000 fine and suspension

     

    565jurisdiction

    566to be followed by a term of

     

     

    573probation or revocation

     

     

     

    576SECOND OFFENSE

    578$3000 fine and same penalty

    583denial of licensure or

     

    587imposed by the other

    591$5000 fine and

     

    594jurisdiction

    595revocation

    596(i) Having failed to pay a fine imposed under Chapter 548, F.S. (Section 609548.071(13), F.S.611)

     

    612MINIMUM

    613MAXIMUM

    614FIRST OFFENSE

    616$1000 fine

    618denial of licensure or

     

     

    622$3000 fine and suspension

     

     

    626to be followed by a term of

     

     

    633probation or revocation

     

     

     

    636SECOND OFFENSE

    638$5000 fine and probation

    642denial of licensure or

     

     

    646$5000 fine and revocation

    650(2) Based upon consideration of the following factors, the commission may impose disciplinary action other than the penalties recommended above:

    670(a) The danger to the public;

    676(b) The length of time since date of violation;

    685(c) The number of complaints filed against the licensee;

    694(d) The length of time licensee or registrant has practiced;

    704(e) The actual damage, physical or otherwise, caused by the violation;

    715(f) The deterrent effect of the penalty imposed;

    723(g) The effect of the penalty upon the licensee’s or registrant’s livelihood;

    735(h) Any efforts for rehabilitation;

    740(i) The actual knowledge of the licensee or registrant pertaining to the violation;

    753(j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations;

    775(k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served;

    797(l) Actual negligence of the licensee or registrant pertaining to any violations;

    809(m) Any other mitigating or aggravating circumstances.

    816(3) The provisions of subsections (1) and (2) above shall not be construed so as to prohibit civil action or criminal prosecution, and the provisions of subsections (1) and (2) above shall not be construed so as to limit the ability of the commission to enter into binding stipulations with accused parties as per Section 871120.57(3), F.S.

    873(4) In every case the commission imposes a monetary fine, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the commission’s final order. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted.

    961Rulemaking Authority 963548.003 FS. 965Law Implemented 967548.071, 968548.075 FS. 970History–971New 3-14-13.

     

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