Disciplinary Guidelines; Range of Penalties

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Employee Leasing Companies

RULE NO.:RULE TITLE:

61G7-7.001Disciplinary Guidelines; Range of Penalties

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. 44 No. 203, October 17, 2018 issue of the Florida Administrative Register.

The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee in a letter dated October 24, 2018, and a meeting of the Board on November 14, 2018. The changes are as follows:

 

61G7-7.001 Disciplinary Guidelines; Range of Penalties.

(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 455, F.S., Chapter 468, Part XI, F.S., or the rules promulgated thereto. The violations as set forth below are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of the particular provisions identified in subsection (2).

(a) through (b) No change.

(2) The following disciplinary guidelines include costs related to the investigation and prosecution of the case, excluding costs associated with an attorney’s time, as permitted by Section 455.227(3)(a), F.S. The penalty for each count in the administrative complaint shall be determined by the Board to be within the minimum and maximum penalty range and reflect the seriousness of the harm to public welfare. The Board may impose a penalty outside the penalty range when mitigating or aggravating circumstances are identified. 

 

PENALTY RANGE
VIOLATION	MINIMUM	MAXIMUM
(a) through (o) No change.
(p) Violation of Chapter 455, F.S., Chapter 468, Part XI, F.S., or any rule promulgated thereto, in violation of Section 468.532(1)(i) or 455.227(1)(k), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(q) through (s) No change.
(t) Failure to notify the Board of felony conviction or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime of any jurisdiction, within 30 days, in violation of Section 468.532(1)(m) or 455.227(1)(t), F.S.	Suspension and/or $2,500 fine.	Denial or revocation of license and/or $5,000 fine.
(u) through (ii) No change.
(jj) Failing to report to the department any person who the licensee knows is in violation of Chapters 468, Part XI, or 455, F.S., or rules promulgated thereto, in violation of 455.227(1)(i), F.S.	Reprimand and/or $100 fine.	Probation and/or $500 fine.
(kk) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice employee leasing contrary to Chapter 455 or 468, Part XI, or rules promulgated thereto, in violation of Section 455.227(1)(j), F.S.	Reprimand, probation, and/or $500.	Denial or revocation of license and/or $5,000 fine.
(ll) through (vv) No change.

 

(3) No change.

Rulemaking Authority 455.2273, 468.522, 468.532(4) FS. Law Implemented 455.227, 455.2273, 468.525, 468.526, 468.529, 468.530, 468.531, 468.532 FS. History–New 5-20-93, Formerly 21EE-7.001, Amended 5-29-94, 12-19-94, 11-9-95, 6-23-04,               .