Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  


  • RULE NO: RULE TITLE
    61G1-12.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
    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. 36 No. 8, February 26, 2010 issue of the Florida Administrative Weekly.

    The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:

    1. Subsection (1) shall now read as follows:

    (1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 481, F.S. 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 particular provisions of Chapter 481, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 481, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. 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. Pursuant to Section 481.219(12), F.S., all businesses holding a certificate of authorization are subject to these guidelines.

    2. Subsection (2)(bb) shall now read as follows:

     

    VIOLATION

    PENALTY RANGE

     

    MAXIMUM

    MINIMUM

    (bb) Failure to timely report being convicted or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (more than 30 days late.) (455.227(1)(t)), F.S.

    Reprimand.

    Suspension to $5000 fine.

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Architecture and Interior Design, 1940 North Monroe Street, Tallahassee, Florida 32399-0750