Disciplinary Guidelines, Mediation

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NOS.:RULE TITLES:

61-20.010Disciplinary Guidelines

61-20.012Mediation

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 113, June 11, 2015 issue of the Florida Administrative Register.

61-20.010 Disciplinary Guidelines.

(1) AGGRAVATING AND MITIGATING CIRCUMSTANCES. The department shall be entitled to deviate from the disciplinary guidelines provided by this rule upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the department prior to the imposition of a final penalty. The department must make a specific finding of mitigating or aggravating guidelines. Based upon consideration of the facts present in an individual case, the department shall consider the following factors in aggravation and mitigation when deviating from the disciplinary guidelines set forth in this rule:

(a) Danger to the public;

(b) Physical or financial harm resulting from the violation;

(c) Prior violations committed by the subject;

(d) Length of time the licensee has practiced;

(e) Deterrent effect of the penalty;

(f) Correction or attempted correction of the violation;

(g) Effect on the licensee’s livelihood;

(h) Any efforts toward rehabilitation;

(i) Any other aggravating or mitigating factor which is directly relevant under the circumstances.

 

(2)(1) In imposing discipline upon applicants, registrants, and licensees for any of the violations set forth below, the department shall act in accordance with the following disciplinary guidelines. The verbal identifications of violations are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included.

 

                                                                       PENALTY RANGE

VIOLATION	MINIMUM (Each semi-colon indicates “or” in this column)	MAXIMUM (Each semi-colon indicates “and” in this column)
(a) through (j) No change.
(k) Paragraph 61E14-2.001(3)(a), F.A.C. A licensee or registrant shall not withhold possession of records.
First Offense	Reprimand	$2500 fine; one year suspension;costs
Second Offense	$500 fine	$2500 fine; Revocation; costs
Third or Subsequent Offense	$1000 fine	Revocation; $5000 fine; costs
(l) Paragraph 61E14-2.001(3)(b), F.A.C. A licensee or registrant shall not deny or delay access to association records.
First Offense	Reprimand	$1000 fine; costs
Second Offense	$500 fine	$2500 fine; Revocation; costs
Third or Subsequent Offense	One year probation; $3000 fine	One year suspension; two years probation; $5000 fine; costs
(m) through (o) No Change.
(p) Section 455.227(1)(c), F.S. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere, to a crime related to the practice of or ability to practice a licensee’s or registrant’s profession.
First Offense	One year suspension; $1000 fine	Revocation; $5000 fine; costs
Second Offense	One year suspension; $1500 fine	Revocation; $5000 fine; costs
Third or Subsequent Offense	Two years suspension; $3000 fine	Revocation; $5000 fine; costs
(q) through (u) No Change.
(v) Section 455.227(1)(l), F.S. Making a report that the licensee or registrant knows to be false, failing to file a required report, willfully impeding or obstructing another person to file a report.
First Offense	$500 fine	Revocation; $5000 fine; costs
Second Offense	$1000 fine	Revocation; $5000 fine; costs
Third or Subsequent Offense	$2500 fine	Revocation; $5000 fine; costs
(w) No Change.
(x) Section 455.227(1)(p), F.S. Knowingly delegating or contracting for the performance of professional responsibilities to a person who is not qualified by training, experience, and authorization to perform them.
First Offense	Reprimand	One year suspension; $3000 fine; costs
Second Offense	Two years probation; $500 fine	Two years suspension; two years probation; $5000 fine; costs
Third or Subsequent Offense	One year suspension; two years probation; $2500 fine	Revocation; $5000 fine; costs
(y) Section 455.227(1)(r), F.S. Improperly interfering with an investigation or inspection authorized by statute, or within any disciplinary proceedings.
First Offense	$1000 fine	Revocation; $5000 fine; costs
Second Offense	One year suspension; $2500 fine	Revocation; $5000 fine; costs
Third or Subsequent Offense	Two years suspension; $5000 fine	Revocation; $5000 fine; costs
(z) No change

(2) through (4) No change.

Rulemaking Authority 455.2273(1) FS. Law Implemented 455.227, 455.2273, 468.436 FS. History–New 6-2-03, Amended____.

 

61-20.012 Mediation.

No change.

Rulemaking Authority 468.4315(3), 455.2235 FS. Law Implemented 455.2235 FS. History–New 9-3-13, Amended_______.