Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  



    Division of Licensing


    5N-1.113Disciplinary Guidelines; Aggravating and Mitigating Circumstances; Range of Penalties.


    Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 46, No.109, June 4, 2020, issue of the Florida Administrative Register.

    5N-1.113 Disciplinary Guidelines; Aggravating and Mitigating Circumstances; Range of Penalties.

    (1) Purpose. This rule sets forth disciplinary guidelines used by the division when imposing penalties authorized under chapter 493, F.S. The guidelines notify applicants and licensees of the range of penalties which are routinely imposed unless the division finds it necessary to deviate based on aggravating and mitigating circumstances factors established within this rule.

    (2) Violations.

    (a) No change.

    (b) This rule does not and is not intended to encompass all possible violations of statute or rule. The absence from this rule of a violation should not be construed as an indication that the violation does not cause harm to the public or is not subject to a penalty. In any instance where a violation is not listed in this rule, the penalty will be determined by consideration of:

    1. The closest analogous violation, if any, and

    2. Aggravating and mitigating circumstances factors.

    (3) Aggravating and Mitigating Circumstances Factors.

    In proceedings pursuant to sections 120.57(1) and (2), F.S., the division will impose a penalty within the range corresponding to the violations as set forth below. The ranges are guidelines to which the division will refer in determining the level of penalty. Penalty ranges are based on a single occurrence of each violation listed. Multiple occurrences of a violation, or a combination of different violations, will be added together to determine the total penalties to be assessed and can be grounds for enhancement of penalties. The division will consider any applicable aggravating or mitigating circumstances when imposing a penalty within or outside the guideline range as can deviate upward or downward from the range of penalties provided by this rule and impose any penalty permitted by section 493.6118(2), F.S. based on aggravating and mitigating factors related to each violation. The division considers the following as aggravating or mitigating circumstances: 

    (a) through (k) No Change

    (l) Any other relevant aggravating or mitigating circumstances factor.

    (4)  No change.

    (5) Final Orders.  A violator’s failure to comply with a final order that imposes penalties, shall result in denial of a license application, or revocation of existing chapter 493 licenses pursuant to section 493.6118(2)(a) and (e), F.S. This is in addition to suspension of licenses under section 493.6118(6), F.S. for nonpayment of fines.  Additional penalties as stated within (4)(b) of this rule, can be sought by the division through enforcement of the final order in circuit court.

    (6) through (9) No change.

    Rulemaking Authority 493.6103 FS. Law Implemented 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115, 493.6118, 493.6120(5), 493.6121, 493.6124, 493.6301(8), 493.6404 FS. History–New 5-7-91, Amended 5-15-95, Formerly 1C-3.113, Amended 5-23-19,                               .