DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination
RULE NO.:RULE TITLE:
61E1-6.001Disciplinary Guidelines.
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. 42 No. 99, May 20, 2016 issue of the Florida Administrative Register.
61E1-6.001 Disciplinary Guidelines
(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 469 or Chapter 455, F.S., the following Disciplinary Guidelines shall be followed. Penalties imposed by the Department pursuant to Rule 61E1-6, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below. The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:
(a) through(k) No change.
Statutory Violation
Description of Violation (This description is a general summary).
Penalty Range for First Violation.
Penalty Range for Any Subsequent Violations.
(l) Violation of:
Section 469.009(1)(l), F.S.
Failing in any material respect to comply with the provisions of Ch. 469 this chapter, or violating a rule or lawful order of the department.
Fine of $500 up to $1000, Censure, Investigative/Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License.
Fine of $1000 up to $5000, Investigative Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License.
(m) through (s) No change.
(2) Aggravating/Mitigating Circumstances. The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence.
(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:
1. History of previous violations of the practice act or the rules promulgated thereunder;
2. The magnitude and scope of the project and the damage inflicted upon the public;
3. Evidence of violations of professional practice acts in this or other jurisdictions which resulted in discipline by the regulatory authority;
4. Failure to attempt to correct the violation by the licensee;
5. Any other relevant aggravating circumstances;
6. Physical harm to public or employees.
(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:
1. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted;
2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;
3. Restitution of any damages suffered by the licensee’s client;
4. Remedial steps taken by the licensee to avoid similar violations in the future;
5. Attempts by the licensee to correct the violation;
6. Any other relevant mitigating circumstances.
(2)(3) No change.
Rulemaking Authority 455.2273, 469.011,455.225(3), , FS. Law Implemented 455.2273, 469.009, 455.225(3), FS. History‒new.
