The proposed amendments will revise and clarify existing language and remove unnecessary language to save state time and resources by making processes more efficient.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-32.003Issuance of Citations for Unlicensed Practice of a Profession

PURPOSE AND EFFECT: The proposed amendments will revise and clarify existing language and remove unnecessary language to save state time and resources by making processes more efficient.

SUMMARY: The proposed amendments will revise and clarify existing language and remove unnecessary language to save state time and resources by making the process of issuing citations to unlicensed persons for the unlicensed practice of a profession more efficient.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

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

RULEMAKING AUTHORITY: 455.228(3), F.S.

LAW IMPLEMENTED: 455.228, F.S.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brooke Adams, Chief Legal Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61-32.003 Issuance of Citations for Unlicensed Practice of a Profession.

(1) Notwithstanding citation rules adopted under applicable practice acts pursuant to Section 455.224, F.S., citations imposing a designated fine may be issued to persons or businesses not licensed by the Department for the violations listed below, under the following conditions:

(a) The subject has received a previous Notice to Cease and Desist for the unlicensed practice of the same profession;

(b) The subject has not received a prior citation, or final order, for the unlicensed practice of the same profession;

(c) There is no evidence of consumer harm in the amount of $10,000.00 or less. current case; and

(d) The subject has not previously held a license to practice the same profession.

(2) The Department may issue citations in lieu of administrative complaints for the unlicensed practice of a profession, and impose the following penalties:

(a) Advertising or otherwise holding ones self out as available to practice a profession, provide a service, or engage in an activity that requires licensure by the Department. CITATION PENALTY: A fine of $1,000, and costs of the investigation.

(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in a practice, that requires licensure by the Department. CITATION PENALTY: A fine of $2,500, and costs of the investigation.

(3) Citations for the unlicensed practice of a profession shall be either personally-served or served by certified mail, restricted delivery, and may shall include, but is not limited to, the following information if available:

(a) Subject’s full name, age and date of birth.

(b) Subject’s driver’s license number, or any other identifying information.

(c) Subject’s last known address.

(d) A brief factual statement of the activity engaged in, the sections of law allegedly violated, and the penalty imposed.

(e) A statement that, in lieu of accepting and paying the citation, the subject may choose to proceed in accordance with Section 455.225, F.S.

(4) If the subject does not dispute the citation within 30 days after the citation is served, the citation will become a final order of the Department.

(5) Payment of an undisputed citation is due within 30 days after the citation has become a final order.

(6) Citations which have become final orders pursuant to Section 455.228, F.S., will be used in any subsequent proceedings as evidence of a prior violation of that statute or rule.

(7) Citations which have become final orders pursuant to Section 455.228 F.S., shall be forwarded to the proper prosecuting authority in accordance with Section 455.2277, F.S.

Rulemaking Authority 455.228(3) FS. Law Implemented 455.228 FS. History–New 8-15-05, Amended 1-5-11,                       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brooke Adams, Chief Legal Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 3, 2023