The Board proposes to amend this rule to add a chart for the violations and penalties.  

  • Electrical Contractors’ Licensing Board

    RULE NO.: RULE TITLE:

    61G6-10.002 Violations and Penalties

    PURPOSE AND EFFECT: The Board proposes to amend this rule to add a chart for the violations and penalties.

    SUMMARY: A chart of violations and penalties will be added to the rule.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared. 

    Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    SPECIFIC AUTHORITY: 455.2273 FS., 489.507(3) FS.

    LAW IMPLEMENTED: 455.2273 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Electrical Contractors’ Licensing Board,1940 North Monroe Street, Tallahassee, Florida 32399-0750.

    THE TEXT OF THE PROPOSED RULE IS: 

     

    61G6-10.002 Violations and Penalties.

    (1)  In imposing disciplinary penalties upon licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty corresponding to the violations set forth below absent aggravating and mitigating circumstances and subject to the other provisions of Chapters 455 and 489, Part II, F.S.: The cited statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited following the violation description.

    (1) Violation of Chapter 455, F.S. (Section 489.533(1)(a), F.S.). Penalty within ranges prescribed by Section 455.227, F.S., unless otherwise prescribed herein.

    (a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession (Section 455.227(1)(a), F.S.). First violation: $1,000 to $3,000 fine or probation, suspension, revocation and fine; repeat violation: revocation and $5,000 fine.

    (b) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee (Section 455.227(1)(g), F.S.). First violation: $1,000 to $3,000 fine or probation, suspension, revocation and fine; repeat violation: $5,000 fine and revocation.

    (c) Failing to report to the department any person who the licensee knows is in violation of this part, the chapter regulating the alleged violator, or the rules of the department or the board (Section 455.227(1)(l), F.S.). First violation: $500 fine to probation and fine; repeat violation; $750 to $1,500 fine and probation or suspension.

    (d) Failing to perform any statutory or legal obligation placed upon the licensee (Section 455.227(1)(k), F.S.). First violation: $500 to $1,000 fine to probation or suspension and fine; repeat violation: $1,500 to $3,000 fine and probation, suspension, or revocation.

    (e) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession (Section 455.227(1)(m), F.S.). First violation: $500 to $2,000 fine to probation, suspension, or revocation and fine; repeat violation: $2,000 to $5,000 fine and revocation.

    (f) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform (Section 455.227(1)(o), F.S.). First violation: $250 to $750 fine to probation and fine; repeat violation: $750 to $1,500 fine and probation, suspension, or revocation.

    (g) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them (Section 455.227(1)(p), F.S.). First violation: $250 to $1,000 fine to probation and fine; repeat violation: $1,000 to $2,500 fine and probation, suspension, or revocation.

    (h) Failing to comply with a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department (Section 455.227(1)(q), F.S.). First violation: $500 to $1,500 fine to probation or suspension and fine; repeat violation: $2,000 to $5,000 fine and probation, suspension, or revocation.

    (i) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding (Section 455.227(1)(r), F.S.). First violation: $1,000 to $5,000 fine to probation and fine, suspension, or revocation; repeat violation: $5,000 fine and revocation.

    (2) Attempting to obtain licensure by bribery or fraudulent or willful misrepresentation (Section 489.533(1)(b), F.S.). First violation: $1,000 to $5,000 fine and denial or revocation of licensure.

    (3) Disciplinary action taken against license by another jurisdiction (Section 489.533(1)(c), F.S.). Imposition of discipline, comparable to that imposed by other jurisdiction, or the penalty listed herein for the violation most closely resembling the act underlying the original discipline.

    (4) Crime directly related to practice (Section 489.533(1)(d), F.S.). Probation to denial or revocation of licensure depending upon the seriousness of the crime.

    (5) Failing to file a report or filing a false report (Section 489.533(1)(e), F.S.). First violation: $250 to $750 fine to probation or suspension and fine; repeat violation: $ 750 to $1,500 fine and probation, suspension or revocation.

    (6) Fraud, deceit, negligence, incompetence, or misconduct (Section 489.533(1)(f), F.S.).

    (a) Fraud or deceit: First violation: $500 to $2,500 fine and probation to suspension and fine; repeat violation: $2,500 to $5,000 fine and probation, suspension, or revocation.

    (b) Negligence, incompetence, or misconduct: First violation: $500 to $1,500 fine to probation or suspension and fine; repeat violation: $1,000 to $5,000 fine and probation, suspension, or revocation.

    (7) Violation of Chapter 633, F.S. (Section 489.533(1)(g), F.S.). First violation: $500 to $1,500 fine to probation and fine or denial of licensure; repeat violation: $1,500 to $2,500 fine and probation, suspension or revocation.

    (8) Practicing on an inactive, delinquent, suspended, or revoked license (Section 489.533(1)(h), F.S.).

    (a) Inactive license: First violation: $100 fine for each month license is inactive up to $1,000; repeat violation: $200 fine for each month license is inactive up to $2,000 fine and probation, suspension or revocation.

    (b) Suspended license: First violation: $1,000 fine and one (1) year probation or additional suspension; repeat violation: $2,000 fine and revocation.

    (c) Revoked license: Referral to the State Attorney and denial of application for licensure for two (2) to three (3) years.

    (d) Delinquent license: Notice of Non-compliance or citation; repeat violation: $500 to $1,500 fine and probation, suspension or revocation.

    (9) Willful violation or disregard of applicable building codes or laws (Section 489.533(1)(i), F.S.). First violation: Reprimand and $500 to $1,250 fine and one (1) year suspension followed by one (1) year probation depending upon seriousness of violation; repeat violation: $1,250 to $5,000 fine and probation, suspension or revocation.

    (10) Any act assisting unlicensed activity (Section 489.533(1)(j), F.S.). First violation: $ 1,000 fine to one (1) year suspension followed by one (1) year probation and fine; repeat violation: $2,500 to $5,000 fine and probation, suspension, or revocation.

    (11) Aiding unlicensed practice by combining and conspiring (Section 489.533(1)(k), F.S.). First violation: $1,500 to $2,500 fine to one (1) year suspension followed by one (1) year probation and fine; repeat violation: $2,500 to $5,000 fine and suspension or revocation.

    (12) Acting in a name not on the licenses (Section 489.533(1)(l), F.S.). First violation: Notice of non-compliance or citation; repeat violation: Reprimand and $500 to $1,000 fine to one (1) year suspension and fine followed by probation.

    (13) Financial mismanagement (Section 489.533(1)(m), F.S.). First violation: $500 to $1,500 fine to one (1) year suspension and fine followed by one (1) year probation; repeat violation: $1,500 to $5,000 fine and probation, suspension or revocation.

    (14) Discipline by municipality or county (Section 489.533(1)(n), F.S.). Use penalty for violation most closely approximating act underlying local discipline.

    (15) Failure to comply with Chapter 489, Part II, F.S., (Section 489.533(1)(o), F.S.):

    (a) Failure to maintain public liability insurance as required (Section 489.515, F.S.). First violation: $500 to $750 fine; repeat violation: $750 to $2,500 fine to probation, suspension or revocation.

    (b) Failure to maintain workers' compensation insurance, or an exemption, as required (Section 489.510, F.S.). First violation: $500 to $1,000 fine to probation, suspension or revocation; repeat violation: $1,000 to $2,500 fine and probation, suspension or revocation.

    (c) Failure to obtain continuing education credits as required (Section 489.517, F.S.). First violation: $250 to $500 fine; repeat violation: $500 to $1,000 fine and 14 additional hours of continuing education.

    (d) Failure to provide required proof of public liability insurance, required proof of workers' compensation insurance or an exemption, or required proof of continuing education in response to an audit request by the Board (Rules 61G6-5.008 and 61G6-9.011, F.A.C.). First violation: $500 fine for each requirement to probation and fine or suspension; repeat violation: $750 to $1,000 fine and probation or suspension.

    (e) Failure to respond to request to submit any proof of continuing education liability or workers' compensation insurance.

    (f) Failure to supervise (Section 489.522(1), F.S.). First violation: $250 to $1,000 fine to probation and fine; repeat violation: $1,000 to $5,000 fine and probation, suspension or revocation.

    (g) Employing a burglar alarm system agent in violation of Section 489.518, F.S., or employing a fire alarm system agent in violation of Section 489.5185, F.S. First violation: $500 to $1,000 fine plus proof of compliance; repeat violation: $1,000 to $2,500 fine plus probation or suspension and proof of compliance.

    (16) Abandonment (Section 489.533(1)(p), F.S.). First violation: $500 to $2,000 fine to one (1) year probation and fine or suspension; repeat violation: $5,000 fine and revocation.

    (17) Failure to affix a registration or certification number (Section 489.533(1)(q), F.S.). First violation: $100 fine; repeat violation: $300 to $500 fine.

    (18) Failure to obtain building permit or inspections (Section 489.533(1)(r), F.S.). First violation: $100 to $1,500 fine; repeat violation: $500 to $2,500 fine to probation and fine, suspension or revocation. Penalties imposed shall depend upon whether the permit or inspection was obtained late or not obtained at all.

    (19) Practicing beyond the scope of a certification or registration (Section 489.533(1)(s), F.S.):

    (a) Geographical scope of licensure violation. First violation: Notice of non-compliance or citation; repeat violation: $1,500 to $2,500 fine to probation and fine, suspension or revocation.

    (b) Occupational scope of licensure violation. First violation: $1,000 to $2,500 fine to probation and fine; repeat violation: $1,000 to $2,500 fine and probation, suspension or revocation.

    (20) Failure to notify the board of changes in name style or address of record (Section 455.275, F.S.; Rule 61G6-5.012, F.A.C.). First violation: $250 to $500 fine; repeat violation: $500 to $1,000 fine to probation and fine or suspension.

    (2)  The minimum penalty range is based upon a first time single count violation of each provision listed.  The maximum penalty range is based upon repeated violations of the same provision of Chapter 455, 489, Part II, or the rules promulgated thereto.  All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board’s discretion.  Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety and welfare.  In addition to any other discipline imposed under these guidelines, the board may require restitution to a consumer and or assess costs relating to the investigation and prosecution of the case.

    (3) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

     

    VIOLATION

    1st OFFENSE

    2nd OFFENSE

    3rd OFFENSE

     

    (a) 489.533(1)(a), F.S., failure to comply with any provision of Chapter 455.

     

    From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.

    From reprimand and $1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation or denial.

    From reprimand and $2,500 to $5,000 fine and suspension followed by probation, or revocation or denial.

     

    (b) 489.533(1)(b), F.S., (455.227(1)(h), F.S.), attempting to procures a license by bribery, fraud or willful misrepresentation

     

    From denial and or revocation and $1,000 fine, up to $5,000 fine and denial and or revocation.

    From denial and or revocation and $5,000 fine, up to $10,000 fine and denial and or revocation.

    Denial and or revocation and $10,000 fine.

    (c) 489.533(1)(c), F.S., (455.227(1)(f), F.S.), having a license to practice acted against by another jurisdiction

     

    Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.

    Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.

    Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.

     

    (d) 489.533(1)(d), F.S., (455.227(1)(c), F.S.), being convicted of or entering a plea to a crime related to the practice.

     

    From reprimand and or $250 to $10,000 fine and probation, up to suspension, denial or revocation.

    From $1,000 to $10,000 fine and probation, up to suspension, denial or revocation

    From $5,000 to $10,000 fine and suspension followed by probation, denial or revocation

    (e) 489.533(1)(e), F.S., (455.227(1)(l), F.S.), making or filing a false report.

    From reprimand and $250 to $1000 fine, up to probation or suspension followed by probation.

    From $1,000 to $5,000 fine and probation, or suspension followed by probation or revocation.

     

    From $5,000 to $10,000 fine and revocation.

    (f) 489.533(1)(f), F.S., committing fraud, negligence or misconduct.

    From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.

    From $5,000 to $10,000 fine and or suspension followed by probation or revocation.

     

    Revocation and $10,000 fine.

    (g) 489.533(1)(g), F.S., violating chapter 633 or rules of State Fire Marshall.

    From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    From $2,500 to $5,000 fine up to suspension followed by probation, or denial or revocation.

    Revocation and $10,000 fine.

    (h) 489.533(1)(h), F.S., practicing on revoked, suspended, inactive or delinquent license.

    Delinquent: From reprimand and $250 fine, up to probation, suspension followed by probation, or denial or revocation.

     

     

    Inactive, Revoked or Suspended: From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

     

     

    Delinquent: From reprimand and $500 to $1,000 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    Inactive, Revoked or Suspended: From reprimand and $5,000 to $10,000 fine, up to suspension followed by probation or denial or revocation.

    Delinquent: From reprimand and $1,000 to $5,000 fine, up to suspension followed by probation or denial or revocation.

     

     

    Inactive, Revoked or Suspended: $10,000 fine and denial or revocation.

    (i) 489.533(1)(i), F.S., violating the applicable building codes or laws of the state, municipality or county.

    From reprimand and $500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    From reprimand and $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    From reprimand $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    (j) 489.533(1)(j), F.S., (455.227(1)(j), F.S.), assisting in unlicensed practice.

    From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    From $10,000 fine and suspension followed by probation, up to denial or revocation.

    (k) 489.533(1)(k), F.S., knowingly aiding unlicensed practice by combining or conspiring.

    From reprimand and $2,500 to $5,000 fine and probation, up to probation, suspension followed by probation, or denial or revocation.

     

    From reprimand and $5,000 to $10,000 fine and suspension followed by probation, or denial or revocation.

    From reprimand and $5,000 to $10,000 fine, and denial or revocation.

    (l) 489.533(1)(l), F.S., acting in a name not on the license or failure to properly qualify a firm.

    From notice of noncompliance up to a citation.

    From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    (m) 489.533(1)(m), F.S., financial mismanagement or misconduct.

    From reprimand and $1,000 to $3,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    From reprimand and $3,000 to $7,500 fine and probation, up to suspension followed by probation, or denial or revocation.

     

    From reprimand and $7,500 to $10,000 fine and suspension followed by probation, or denial or revocation.

    (n) 489.533(1)(n), F.S., discipline by municipality or county.

    Penalty for violation most closely approximating act underlying local discipline.

    Penalty for violation most closely approximating act underlying local discipline.

     

    Penalty for violation most closely approximating act underlying local discipline.

    (o) 489.533(1)(o), F.S., failing to materially comply with provision of this 489, Part II, or board rules.

    From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.

    From reprimand and $1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation or denial.

    From reprimand and $2,500 to $5,000 fine and suspension followed by probation, or revocation or denial.

     

    (p) 489.533(1)(p), F.S., (455.227(1)(j), F.S.), abandoning a project

    From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.

    From reprimand and $5,000 to $10,000 fine and suspension, up to revocation.

    (q) 489.533(1)(q), F.S.), failing to affix a registration or certification number as required by s. 489.521(7), F.S.

     

    Citation.

    Citation.

    Citation.

    (r) 489.533(1)(r), F.S., failure to obtain building permit or inspections.

    From $100 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    (s) 489.533(1)(s), F.S., (455.227(1)(o), F.S.), practicing beyond the scope.

    Geographical:  Citation.

     

     

     

     

     

    Occupational: From $1,000 to $2,500 fine, up to suspension followed by probation, or denial or revocation.

    Geographical: From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    Occupational: From $2,500 to $5,000 fine, up to suspension followed by probation, or denial or revocation.

     

    Geographical: From $2,500 to $5,000 fine, suspension followed by probation up to revocation.

     

     

    Occupational: From $5,000 to $10,000 fine, up to suspension followed by probation or denial or revocation.

    (t) 455.227(1)(a), F.S., making misleading, deceptive or fraudulent representations in or related to the practice.

     

    From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.

    From $5,000 to $10,000 fine and or suspension followed by probation or revocation.

    Revocation and $10,000 fine.

    (u) 455.227(1)(b), F.S., intentionally violating a rule of the board or department.

     

    From reprimand and $1,000 to $2,500 fine, up to probation, suspension, revocation or denial.

    From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or revocation or denial.

    From reprimand and $5,0000 to $10,000 fine and suspension followed by probation, or revocation or denial.

     

    (v) 455.227(1)(g), F.S., having been found liable in civil court for filing false report or complaint against another licensee.

     

    From $1,000 to $3,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.

    From $5,000 to $10,000 fine and suspension followed by probation, up to denial or revocation.

    (w) 455.227(1)(i), F.S., failing to report to the Department any person in violation of 455, 489, Part II, or the Board rules.

     

    From $500 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $750 to $1,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    (x) 455.227(1)(k), F.S., failure to perform any statutory or legal obligation.

    From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

     

    From $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    (y) 455.227(1)(m), F.S., making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession.

     

    From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.

    From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.

    From $5,000 to $10,000 fine and revocation.

    (z) 455.227(1)(n), F.S., exercising influence on patient or client for gain of licensee or third party.

    From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.

    From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.

     

    From $5,000 to $10,000 fine and revocation.

    (aa) 455.227(1)(p), F.S., improper delegation of professional responsibilities.

    From $250 to $1,000 fine, up to probation or suspension followed by probation, or denial or revocation.

    From $1,000 to $2,500 fine, up to probation or suspension followed by probation, or denial or revocation.

     

    From $2,500 to $5,000 fine, up to probation or suspension followed by probation, or denial or revocation.

    (bb) 455.227(1)(q), F.S., violation of 455, 489 Part II, Board rules, Final Order or subpoena.

     

    From $1,000 to $5,000 fine and suspension until compliance, up to revocation.

    From $5,000 to $10,000 fine and suspension until compliance, up to revocation.

    $10,000 fine and revocation.

    (cc) 455.227(1)(r), F.S., improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    From $5,000 to $10,000 fine and probation, suspension followed by probation, or denial or revocation.

    $10,000 fine and suspension, up to denial or revocation.

     

    (21)(4) The absence of a guideline penalty from this rule for a violation of Chapter 489, Part II, F.S., or the rules promulgated thereto, shall be construed as an oversight and not as an indication that no penalty is to be assessed. Where no penalty is specified, the guideline penalty for the violation most closely approximating the offense shall apply.

    Specific Authority 455.2273 FS., 489.507(3) FS. Law Implemented 455.2273 FS. History-New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, __________

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Electrical Contractors’ Licensing Board.

    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Electrical Contractors’ Licensing Board.

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2006.

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 19, 2005.

Document Information

Comments Open:
3/31/2006
Summary:
A chart of violations and penalties will be added to the rule.
Purpose:
The Board proposes to amend this rule to add a chart for the violations and penalties.
Rulemaking Authority:
455.2273 FS., 489.507(3) FS.
Law:
455.2273 FS.
Contact:
Anthony Spivey, Executive Director, Electrical Contractors’ Licensing Board,1940 North Monroe Street, Tallahassee, Florida 32399-0750.
Related Rules: (1)
61G6-10.002. Violations and Penalties