61K1-4.015. Disciplinary Guidelines

(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:

(a) Being guilty of violating Chapter 548, F.S. or the rules of the commission. (Section 548.071(1), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	denial of licensure or
		$5000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$500 fine and probation	denial of licensure or
		revocation

(b) Having commited fraud or deceit in securing any license or permit. (Section 548.071(2), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine and probation	denial of licensure or
		$5000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$5000 fine and suspension	denial of licensure
		or $5000 fine and
		revocation

(c) Having an officer, trustee, partner, director, or owner who has been convicted of, having pleaded 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 548.071(3), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and probation	denial of licensure or
		$5000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$1000 fine and suspension	denial of licensure
		or $5000 fine and
		revocation

(d) Being guilty of unprofessional or unethical conduct. (Section 548.071(4), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	denial of licensure or
		$5000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$500 fine and probation	denial of licensure or
		$5000 fine and revocation

(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 548.071(5), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine	denial of licensure or
		$5000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$2000 fine and probation	denial of licensure or
		$5000 fine and revocation

(f) Having loaned her or his license or permit to another person or having borrowed or used the license or permit of another. (Section 548.071(9), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine and probation	denial of licensure or
		$2000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$300 fine and suspension	denial of licensure or
		$5000 fine and revocation

(g) Having employed a person who does not hold a license or permit as required by law. (Section 548.071(10), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine	denial of licensure or
		$1000 fine and suspension
		to be followed by a term of
		probation
SECOND OFFENSE	$3000 fine and probation	denial of licensure or
		$5000 fine and revocation

(h) Having been disciplined by the commission or similar agency or body of any jursidiction. (Section 548.071(12), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine and same penalty	denial of licensure or
	imposed by the other	$5000 fine and suspension
	jurisdiction	to be followed by a term of
		probation or revocation
SECOND OFFENSE	$3000 fine and same penalty	denial of licensure or
	imposed by the other	$5000 fine and
	jurisdiction	revocation

(i) Having failed to pay a fine imposed under Chapter 548, F.S. (Section 548.071(13), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine	denial of licensure or
		$3000 fine and suspension
		to be followed by a term of
		probation or revocation
SECOND OFFENSE	$5000 fine and probation	denial of licensure or
		$5000 fine and revocation

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

(a) The danger to the public;

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

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

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

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

(f) The deterrent effect of the penalty imposed;

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

(h) Any efforts for rehabilitation;

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

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

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

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

(m) Any other mitigating or aggravating circumstances.

(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 120.57(3), F.S.

(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.

Rulemaking Authority 548.003 FS. Law Implemented 548.071, 548.075 FS. History–New 3-14-13.