Florida Administrative Code (Last Updated: April 18, 2024) |
61. Department of Business and Professional Regulation |
D61. Departmental |
61-30. Home Inspectors |
1(1) Whenever the department finds a licensee in violation of a provision of Chapter 455 or 468, Part XV, F.S., the following Disciplinary Guidelines shall be followed. 28The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included54:
55Statutory Violation
57Description of Violation
60Penalty Range for First
64Violation.
65Penalty Range for Subsequent Violation.
70(a) Section
74Violation of any provision of
79Chapter 468, Part XV or Section 85455.227(1), F.S.
87Fine up to $1000, plus reprimand, probation, or suspension.
96Fine up to $5000, plus probation, suspension, or revocation.
105(b) Section
109Attempting to procure a license by bribery or fraudulent misrepresentations.
119Fine up to $1000, plus reprimand, probation, suspension, revocation,
128or denial of license.
132Fine up to $5000, plus probation, suspension, revocation, or denial of license.
144(c) Section
147or
150Having a license to practice home inspection services revoked, suspended, denied or acted against in another state, territory or country.
170Fine up to $1000, plus reprimand, probation, suspension, or revocation.
180Fine up to $5000, plus reprimand, probation, suspension, or revocation.
190(d) Section
193or
196Being convicted, found guilty, pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice or ability to practice home inspection services.
225Fine up to $1000, plus reprimand, suspension, or revocation.
234Fine up to $5000, plus revocation.
240(e) Section
243or
246Making or filing a report or record
253the licensee knows to be false, willfully failing to file a record or report required by state or federal law, willfully impeding or obstructing such filing.
279Fine up to $1000, plus reprimand, probation, suspension, or revocation.
289Fine up to $5000, plus revocation.
295(f) Section
299Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
317Fine up to $1000, plus reprimand, probation, or suspension.
326Fine up to $5000, plus reprimand, probation, suspension, or revocation.
336(g) 337Section
340Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of home inspection services.
355Fine up to $5000, plus reprimand, probation, suspension, or revocation.
365Fine up to $5000, plus reprimand, probation, suspension, or revocation.
375(h) 376Section
379Failing to perform any statutory or legal obligation placed upon a
390licensed home inspector; violating any provision of Chapter 468, Part XV, F.S., a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.
432Fine up to $1000, plus reprimand, probation, or suspension.
441Fine up to $5000, plus probation, suspension, or revocation.
450(i) Section
454Practicing on a revoked, suspended, inactive or delinquent license.
463Fine up to $1000, plus reprimand, probation, suspension, or revocation.
473Fine up to $5000, plus probation, suspension, or revocation.
482(j) Section
486Making false, fraudulent, deceptive
490or misleading representations in or related to the practice of the licensee’s profession.
503Fine up to $1000, plus reprimand, probation, or suspension.
512Fine up to $5000, plus reprimand, probation, suspension, or revocation.
522(k) Section
526Intentionally violating any rule adopted by the department.
534Fine up to $1000, plus reprimand, probation, or suspension.
543Fine up to $5000, plus suspension, or revocation.
551(l) Section
555Having been found civilly liable for knowingly filing a false report or complaint with the department against another licensee.
574Fine up to $1000, plus reprimand, or probation.
582Fine up to $5000, plus suspension, or revocation.
590(m) Section
594Attempting to obtain, obtaining or renewing a license to practice by bribery or fraudulent misrepresentation or through an error of the department.
616Fine up to $1000, plus reprimand, probation, suspension, or revocation.
626Fine up to $5000, plus probation, suspension, or revocation.
635(n) Section
639Failing to report to the department
645any person who the licensee knows is in violation of Chapter 455, F.S., the chapter regulating the alleged violator, or the rules of the department.
670Fine up to $1000, plus reprimand.
676Fine up to $5000, plus probation, suspension, or revocation.
685(o) Section
689Aiding, assisting, procuring, employing or advising an unlicensed person or entity to practice profession contrary to Chapter 468, Part XV, or 455, F.S., or rules of the department.
717Fine up to $1000, plus reprimand, probation, suspension, or revocation.
727Fine up to $5000, plus suspension, or revocation.
735(p) Section
739Failing to perform any statutory or legal obligation placed upon a licensee.
751Fine up to $5000, plus reprimand, probation, suspension, or revocation.
761Fine up to $5000, plus suspension, or revocation.
769(q) Section
773Making deceptive, untrue or fraudulent representations in or
781related to the practice of the licensee’s profession.
789Fine up to $1000, plus reprimand, suspension, or revocation.
798Fine up to $5000, plus revocation, or denial of license.
808(r) Section
812Exercising influence on client for improper financial gain of the
822licensee or a third party.
827Fine up to $1000, plus reprimand, probation, suspension, or revocation.
837Fine up to $5000, plus reprimand, probation, suspension, or revocation.
847(s) Section
851Practicing 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.
883Fine up to $1000, plus reprimand, or probation.
891Fine up to $5000, plus suspension.
897(t) Section
901Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance knows or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.
942Fine up to $1000, plus reprimand, or probation.
950Fine up to $5000, plus suspension, or revocation.
958(u) Section
962Violating any provision of Chapter 468, Part XV, or 455, F.S., rules of
975the department or any lawful order of the department.
984Fine up to $1000, plus reprimand, or probation.
992Fine up to $2500, plus probation, or suspension.
1000(v) Section
1004Improperly interfering with an investigation, inspection or disciplinary proceeding.
1013Fine up to $1000, plus reprimand, probation, suspension, or denial
1023of licensure.
1025Fine up to $1000, plus suspension, revocation, or denial of licensure.
1036(w) Section
1040Failing to report in writing to the department within 30 days after the licensee is convicted of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.
1075Fine up to $1000, plus reprimand, suspension, or revocation.
1084Fine up to $5000, plus revocation.
1090(2) Additional Conditions which may be imposed through a final order:
1101(a) Licensee is placed on probation for a period of time as determined by the department;
1117(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation, the license will be suspended until the licensee is compliant;
1156(c) The licensee shall demonstrate compliance with all the conditions of the Final Order, prior to the lifting of probation;
1176(d) Licensee shall complete additional continuing education courses of a specified type, as set forth by the Final Order, not to exceed more than 24 hours of continuing education courses;
1206(e) Licensee shall, as specified in the Final Order, provide quarterly reports setting forth the number and type of home inspections conducted, provide copies of completed home inspection reports, and any other documentation determined by the Department to be necessary for the monitoring of the licensee.
1252(3) 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.
1277(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:
12951. History of previous violations of the practice act or the rules promulgated thereunder;
13092. The magnitude and scope of the project and the damage inflicted upon the public;
13243. Evidence of violations of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority;
13434. Failure to attempt to correct the violation by the licensee;
13545. Any other relevant aggravating circumstances.
1360(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:
13781. 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;
14052. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;
14243. Restitution of any damages suffered by the licensee’s client;
14344. Remedial steps taken by the licensee to avoid similar violat1445ions in the future;
14495. Attempts by the licensee to correct the violation;
14586. Any other relevant mitigating circumstances.
1464Rulemaking Authority 1466455.2035, 1467455.227(3), 1468455.2273, 1469468.8325 FS. 1471Law Implemented 1473455.227, 1474455.2273, 1475468.832, 1476468.8319 FS. 1478History1479‒New 148010-22-13.