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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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61E1. Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination |
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61E1-6. Disciplinary Guidelines |
61E1-6.001. Disciplinary Guidelines
1(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 469 or 455, F.S., the following Disciplinary Guidelines shall be followed. 26Penalties imposed by the Department pursuant to Chapter 61E1-6, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below. 51The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included76:
77Statutory Violation
79Description of Violation (This
83description is a general summary).
88Penalty Range for First Violation.
93Penalty Range for Any Subsequent
98Violations.
99(a) Violation of:
102Section 103469.009(1)(a), F.S.
105Willfully or deliberately
108disregarding or violating health
112and safety standards, Florida
116Statutes or rules promulgated
120thereunder, or any ordinance.
124Fine of $1,000 up to $2,500,
132Censure, Investigative/
134Prosecution Costs,
136Reprimand, Probation,
138Suspension, Revocation,
140Deny Issuance/Renewal License.
143Fine of $2,500 up to $5,000 and
152Probation, Suspension, Revocation;
155Investigative/Prosecution Costs,
157Deny Issuance/Renewal License.
160(b) Violation of:
163Section 164469.009(1)(b), F.S.
166Violating any provision of
170Chapter 455, F.S.
173Fine of $500 up to $2,500,
180Censure, Investigative/
182Prosecution Costs, Reprimand,
185Continuing Education, Probation,
188Suspension, Revocation, Deny
191Issuance/Renewal License.
193Fine of $2,500 up to $5,000,
201Investigative/Prosecution Costs,
203Continuing Education, Probation,
206Suspension, Revocation, Deny
209Issuance/Renewal License.
211(c) Violation of:
214Section 215469.009(1)(c), F.S.
217Failing in any material respect
222to comply with the provisions
227of this chapter or any rule
233promulgated hereunder.
235Fine of $500 up to $1,000,
242Censure, Investigative/
244Prosecution Costs, Reprimand,
247Continuing Education, Probation,
250Suspension, Revocation, Deny
253Issuance/Renewal License.
255Fine of $1,000 up to $5,000,
263Investigative/Prosecution Costs,
265Continuing Education, Probation,
268Suspension, Revocation, Deny
271Issuance/Renewal License.
273(d) Violation of:
276Section 277469.009(1)(d), F.S.
279Acting in the capacity of an
285asbestos contractor or asbestos
289consultant under any license
293issued under this chapter except
298in the name of the licensee as
305set forth on the issued license.
311Fine of $500 up to $1,000,
318Investigative/Prosecution Costs,
320Probation, Suspension, Deny
323Issuance License/Renewal
325License.
326Fine of $1,000 up to $5,000,
334Investigative/Prosecution Costs,
336Probation, Suspension, Revocation,
339Deny Issuance/Renewal License.
342(e) Violation of:
345Section 346469.009(1)(e), F.S.
348Proceeding on any job without
353obtaining all applicable
356approvals authorizations,
358permits, and inspections.
361Fine of $500 up to $1,000,
368Censure, Investigative/
370Prosecution Costs, Reprimand,
373Continuing Education, Probation,
376Suspension.
377Fine of $1,000 up to $5,000,
385Investigative/Prosecution Costs,
387Continuing Education, Probation,
390Suspension, Revocation.
392(f) Violation of:
395Section 396469.009(1)(f), 397or
400Obtaining a license by fraud
405or misrepresentation.
407Fine of $500 to $2,500,
413Investigative/Prosecution Costs,
415Reprimand, Probation,
417Suspension, Revocation, Deny
420Issuance/Renewal License.
422Fine of $2,500 up to $5,000,
430Investigative/Prosecution Costs,
432Probation, Suspension, Revocation,
435Deny Issuance/Renewal License.
438(g) Violation of:
441Section 442469.009(1)(g), 443or
446Being convicted, found guilty,
450pleading nolo contendere to a
455crime, in any jurisdiction, that
460directly relates to the practice or
466ability to practice.
469Fine of $500 up to $1,000,
476Investigative/Prosecution Costs,
478Censure, Reprimand, Suspension,
481Revocation.
482Fine of $1,000 up to $5,000,
490Investigative/Prosecution Costs,
492Suspension, Revocation.
494(h) Violation of:
497Section 498469.009(1)(h), F.S.
500Knowingly violating any
503building code, lifesafety code,
507or county or municipal
511ordinance relating to the
515practice of asbestos consulting
519or contracting.
521Fine of $500 up to $1,000,
528Investigative/Prosecution Costs,
530Censure, Reprimand, Continuing
533Education, Probation, Suspension,
536Revocation.
537Fine of $2,500 up to $5,000,
545Investigative/Prosecution Costs,
547Continuing Education, Suspension,
550Revocation.
551(i) Violation of:
554Section
557Performing an act assisting a
562person or entity in the
567unlicensed practice of asbestos
571consulting or contracting, if the
576licensee knows or has reason to
582know the person or entity was
588unlicensed.
589Fine of $500 up to $1,000,
596Investigative/Prosecution Costs,
598Censure, Reprimand, Continuing
601Education, Probation, Suspension,
604Revocation.
605Fine of $1,000 up to $5,000 and
614Probation, Suspension, Revocation;
617Investigative/Prosecution Costs,
619Continuing Education, Deny
622Issuance/Renewal License.
624(j) Violation of:
627Section
630Committing mismanagement or
633misconduct in the practice of
638contracting causing financial
641harm to a customer.
645Fine of $1,000 up to $2,500,
653Investigative/Prosecution Costs,
655Censure, Reprimand, Restitution,
658Suspension, Probation, Continuing
661Education, Deny Issuance/
664Renewal License.
666Fine of $2,500 up to $5,000 and
675Probation, Suspension, Revocation;
678Investigative/Prosecution Costs,
680Restitution, Continuing Education,
683Deny Issuance/Renewal License.
686(k) Violation of:
689Section 690469.009(1)(k), 691or
694Being disciplined by any
698municipality or county for an act
704or violation of this chapter.
709Fine of $500 up to $1,000,
716Censure, Reprimand, Probation,
719Suspension, Revocation.
721Fine of $1,000 up to $5,000,
729Reprimand, Probation, Suspension,
732Revocation.
733(l) Violation of:
736Section
739Failing in any material respect
744to comply with the provisions
749of Chapter 469, F.S., or
754violating a rule or lawful order
760of the department.
763Fine of $500 up to $1,000,
770Censure, Investigative/Prosecution
772Costs, Reprimand, Probation,
775Suspension, Revocation, Deny
778Issuance/Renewal License.
780Fine of $1,000 up to $5,000,
788Investigative Costs, Probation,
791Suspension, Revocation, Deny
794Issuance/Renewal License.
796(m) Violation of:
799Section 800469.009(1)(m), F.S.
802Abandoning an asbestos
805abatement project in which the
810asbestos contractor is engaged
814or under contract as a contractor.
820Fine of $1,000 up to $2,500,
828Investigative/Prosecution Costs,
830Censure, Reprimand, Restitution,
833Suspension, Probation,
835Continuing Education, Deny
838Issuance/Renewal License,
840Revocation.
841Fine of $2,500 up to $5,000 and
850Probation, Suspension, Revocation;
853Investigative/Prosecution Costs,
855Restitution, Continuing Education,
858Deny Issuance/Renewal License.
861(n) Violation of:
864Section 865469.009(1)(n), F.S.
867Signing a statement falsely
871indicating that: 1) work is
876bonded; or 2) payment has been
882made for all subcontracted work,
887labor, and materials, resulting in
892financial loss to owner, purchaser,
897or contractor; or 3) workers’
902compensation and public liability
906insurance are provided.
909Fine of $1,000 up to $2,500,
917Investigative/Prosecution Costs,
919Censure, Reprimand, Suspension,
922Probation, Continuing Education,
925Deny Issuance/Renewal License,
928Revocation.
929Fine of $2,500 up to $5,000 and
938Probation, Suspension, Revocation;
941Investigative/Prosecution Costs,
943Continuing Education, Deny
946Issuance/Renewal License.
948(o) Violation of:
951Section 952469.009(1)(o), 953or
956Committing fraud or deceit in
961the practice of asbestos
965consulting or contracting.
968Fine of $1,000 up to $2,500,
976Investigative/Prosecution Costs,
978Censure, Reprimand, Restitution,
981Suspension, Probation,
983Continuing Education, Deny
986Issuance/Renewal License,
988Revocation.
989Fine of $2,500 up to $5,000 and
998Probation, Suspension, Revocation;
1001Investigative/Prosecution Costs,
1003Restitution, Continuing Education,
1006Deny Issuance/Renewal License.
1009(p) Violation of:
1012Section 1013469.009(1)(p), F.S.
1015Committing incompetency or
1018misconduct in the practice of
1023asbestos consulting or
1026contracting.
1027Fine of $500 up to $1,000,
1034Investigative/Prosecution Costs,
1036Censure, Reprimand, Suspension,
1039Probation, Continuing Education,
1042Deny Issuance/Renewal License,
1045Revocation.
1046Fine of $1,000 up to $5,000,
1054Investigative/Prosecution Costs,
1056Suspension, Probation, Continuing
1059Education, Deny Issuance/Renewal
1062License, or Revocation.
1065(q) Violation of:
1068Section 1069469.009(1)(q), F.S.
1071Committing gross negligence,
1074repeated negligence, or
1077negligence resulting in a
1081significant danger to life or
1086property in the practice of
1091asbestos consulting or
1094contracting.
1095Fine of $1,000 up to $2,500,
1103Investigative/Prosecution Costs,
1105Censure, Reprimand, Restitution,
1108Suspension, Probation,
1110Continuing Education, Deny
1113Issuance/Renewal License,
1115Revocation.
1116Fine of $2,500 up to $5,000 and
1125Probation, Suspension, and/or
1128Revocation; Investigative/
1130Prosecution Costs, Restitution,
1133Continuing Education, Deny
1136Issuance/Renewal License.
1138(r) Violation of:
1141Section 1142469.009(1)(r), F.S.
1144Intimidating, threatening,
1146coercing, or otherwise
1149discouraging the service of a
1154notice to owner under Part I of
1161Chapter 713, F.S., or a notice to
1168contractor under Chapter 255 or
1173Part I of Chapter 713, F.S.
1179Fine of $1,000 up to $2,500,
1187Investigative/Prosecution Costs,
1189Censure, Reprimand, Suspension,
1192Probation, Continuing Education,
1195Deny Issuance/Renewal License,
1198Revocation.
1199Fine of $2,500 up to $5,000 and
1208Probation, Suspension,
1210Revocation; Investigative/
1212Prosecution Costs, Censure,
1215Reprimand, Continuing Education,
1218Deny Issuance/Renewal License.
1221(s) Violation of:
1224Section 1225469.009(1)(s), F.S.
1227Failing to satisfy, within a
1232reasonable time, the terms of a
1238civil judgment obtained against
1242the licensee, or the business
1247organization qualified by the
1251licensee, relating to the practice
1256of the licensee’s profession.
1260Fine of $500 up to $1,000,
1267Investigative/Prosecution Costs,
1269Censure, Reprimand,
1271Suspension, Probation, Continuing
1274Education, Deny Issuance/
1277Renewal License, Revocation.
1280Fine of $1,000 up to $5,000,
1288Investigative/Prosecution Costs,
1290Suspension, Probation, Continuing
1293Education, Deny Issuance/Renewal
1296License, Revocation.
1298(2) Minor Violations.
1301(a) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 1322455.225(3), F.S.
13241. Violation of Section 1328469.006(5)(a), F.S.
13302. Violation of Section 1334469.006(5)(b), F.S.
1336(b) The designation of violations as minor for the purposes of Section 455.255(3), F.S., is limited to initial violations.
1355Rulemaking 1356Authority 1357455.225(3), 1358455.2273, 1359469.011 FS. 1361Law Implemented 1363455.225(3), 1364455.2273, 1365469.009 FS. 1367History‒New 9-19-16.
