Disciplinary Guidelines for Unlicensed Activity

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO: RULE TITLE
61-5.007: Disciplinary Guidelines for Unlicensed Activity

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. 32, No. 47, November 22, 2006 issue of the Florida Administrative Weekly.

The changes are based upon comments received from the Joint Administrative Procedures Committee.

The changes to the proposed rule are identified in underline/strike format and are as follows:

61-5.007 Administrative Penalty Guidelines for Unlicensed Activity.

(1) through (3) No change.

(4) In imposing administrative penalties hereunder in cases in which a Notice to Cease and Desist or Order to Cease and Desist has been issued to the unlicensed person prior to the violation(s) currently being prosecuted, the Department shall impose its attorney fees and costs, including the costs of collection, pursuant to Subsection 455.228(1), Florida Statutes.

(4)(5) For using a professional title or designation without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $2500 administrative fine; and

(b) Second and subsequent violations – $5000 administrative fine.

(5)(6) For advertising or offering to practice a profession without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $3000 administrative fine; and

(b) Second and subsequent violations – $5000 administrative fine.

(6)(7) For practicing a profession without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $4000 administrative fine; and

(b) Second and subsequent violations – $5000 administrative fine.

(7)(8) Notwithstanding the foregoing, all second and subsequent violations of Section 489.13, Florida Statutes, shall result in the imposition of a $10,000 administrative fine.

(8)(9) Circumstances which may be considered for the purposes of mitigation or aggravation of the foregoing penalties shall include, but are not limited to, consist of the following:

(a) Monetary or other damage to the unlicensed person’s customer and/or other persons, in any way associated with the violation, which damage the unlicensed person has not relieved as of the time the penalty is to be assessed.

(b) The severity of the offense.

(c) The danger to the public.

(d) The number of repetitions of offenses.

(e) The number of complaints filed against the unlicensed person.

(f) The length of time the unlicensed person has been engaging in unlicensed activity.

(g) The actual damage, physical or otherwise, to the unlicensed person’s customer.

(h) The deterrent effect of the penalty imposed.

(i) The effect of the penalty upon the unlicensed person’s livelihood.

(j) Any efforts at rehabilitation.

(k) The unlicensed person’s use of an altered license or impersonation of a licensee.

(l) Any other mitigating or aggravating circumstances.

(9)(10) The administrative penalty guidelines established by this rule are only applicable to final orders issued by the Secretary of the Department or his/her appointed designee.

Specific Authority 455.228 FS. Law Implemented 455.228 FS. History–New_________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer A. Tschetter, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]