61G6-10.002. Violations and Penalties  


Effective on Thursday, June 15, 2017
  • 1(1) In imposing disciplinary penalties upon licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty corresponding to the violations set forth below absent aggravating and mitigating circumstances and subject to the other provisions of Chapters 455 and 489, Part II, F.S.: The cited statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited following the violation description.

    87(2)  The minimum penalty range is based upon a first time single count violation of each provision listed.  The maximum penalty range is based upon repeated violations of the same provision of Chapters 455 and 489, Part II, F.S., or the rules promulgated thereto.  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 at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety and welfare.  In addition to any other discipline imposed under these guidelines, the board may require restitution to a consumer and or assess costs relating to the investigation and prosecution of the case.

    249(3) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

     

    275VIOLATION

    2761st OFFENSE

    2782nd OFFENSE

    2803rd OFFENSE

    282(a) Section 284489.533(1)(a), F.S., 286failure to comply with any provision of Chapter 455, F.S.

    296From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.

    311From reprimand and

    314$1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation or denial.

     

    332From reprimand and $2,500 to $5,000 fine and suspension followed by probation, or revocation or denial.

    350(b) Section 352489.533(1)(b), F.S., 354Section 355455.227(1)(h), F.S., 357attempting to procure a license by bribery or fraudulent or willful misrepresentations.

    369From denial or revocation and $1,000 fine, up to $5,000 fine.

    382Section 383489.533(1)(b), F.S.385:

    386From denial or revocation and $5,000 fine, up to $10,000 fine and denial and or revocation.

    404Section 405455.227(1)(h), F.S.407: From denial or revocation and $5,000 fine.

    416Section 417489.533(1)(b), F.S. 419Denial or revocation and $10,000 fine. Section 427455.227(1)(h), F.S. 429Denial or revocation and $5,000 fine.

    436(c) Section 438489.533(1)(c), F.S., 440(Section 441455.227(1)(f), F.S.443), having a license to practice acted against by another jurisdiction.

    454Discipline comparable to

    457that of the other jurisdiction

    462or discipline consistent

    465with the same violation in Florida.

    471Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.

    488Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.

    505(d) Section 507489.533(1)(d), F.S., 509Section 510455.227(1)(c), F.S., 512being convicted of or entering a plea to a crime related to the practice.

    526Section 527489.533(1)(d), F.S. 529From reprimand and or $250 to $10,000 fine and probation, up to suspension, denial or revocation. Section 547455.227(1)(c), F.S. 549From reprimand and or $250 to $5,000 fine and probation, up to suspension, denial or revocation.

    566Section 567489.533(1)(d), F.S. 569From $1,000 to $10,000 fine and probation, up to suspension, denial or revocation.

    584Section 585455.227(1)(c), F.S. 587From $1,000 to $5,000 fine and probation, up to suspension, denial or revocation.

    602Section 603489.533(1)(d), F.S. 605From $5,000 to $10,000 fine and suspension followed by probation, denial or revocation. Section 621455.227(1)(c), F.S. 623From $5,000 fine and suspension, followed by probation, to denial or revocation.

    636(e) Section 638489.533(1)(e), F.S., 640Section 641455.227(1)(l), F.S., 643making or filing a false report.

    649From reprimand and $250 to $1,000 fine, up to probation

    660or suspension followed by probation.

    665From $1,000 to $5,000 fine and probation, or suspension followed by probation, or revocation.

    681Section 682489.533(1)(e), F.S.684: From $5,000 to $10,000 fine and revocation. Section 695455.227(1)(l), F.S. 697$5,000 fine and revocation.

    702(f) Section 704489.533(1)(f), F.S., 706committing fraud, negligence or misconduct.

    711From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.

    728From $5,000 to $10,000 fine and or suspension followed by probation or revocation.

    743Revocation and $10,000 fine.

    748(g) Section 750489.533(1)(g), F.S., 752violating Chapter 633, F.S., or rules of State Fire Marshal.

    762From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    780From $2,500 to $5,000 fine up to suspension followed by probation, or denial or revocation.

    797Revocation and $10,000 fine.

    802(h) Section 804489.533(1)(h), F.S., 806practicing on revoked, suspended, inactive or delinquent license.

    814Delinquent: From reprimand and $250 fine, up to probation, suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    855Delinquent: From reprimand and $500 to $1,000 fine, up to probation, suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: From reprimand and $5,000 to $10,000 fine, up to suspension followed by probation or denial or revocation.

    898Delinquent: From reprimand and $1,000 to $5,000 fine, up to suspension followed by probation, or denial or revocation.

    918Inactive, Revoked or Suspended: $10,000 fine and denial or revocation.

    929(i) Section 931489.533(1)(i), F.S., 933violating the applicable building codes or laws of the state, municipality or county.

    946From reprimand and $500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    965From reprimand and $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    985From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1005(j) Section 1007489.533(1)(j), F.S., 1009Section 1010455.227(1)(j), F.S., 1012assisting in unlicensed practice.

    1016From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1036Section 1037489.533(1)(j), F.S. 1039From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation. Section 1060455.227(1)(j), F.S. 1062From reprimand and $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1079Section 1080489.533(1)(j), F.S. 1082From $10,000 fine and suspension followed by probation, up to denial or revocation.

    1096Section 1097455.227(1)(j), F.S. 1099From $5,000 fine and suspension followed by probation, up to denial or revocation.

    1113(k) Section 1115489.533(1)(k), F.S., 1117knowingly aiding unlicensed practice by combining or conspiring.

    1125From reprimand and $2,500 to $5,000 fine and probation, up to probation, suspension followed by probation, or denial or revocation.

    1147From reprimand and $5,000 to $10,000 fine and suspension followed by probation, or denial or revocation.

    1165From reprimand and $5,000 to $10,000 fine, and denial or revocation.

    1178(l) Section 1180489.533(1)(l), F.S., 1182acting in a name not on the license or failure to properly qualify a firm.

    1197From reprimand and $500 to $1,000 fine.

    1205From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    1225From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1245(m) Section 1247489.533(1)(m), F.S., 1249financial mismanagement or misconduct.

    1253From reprimand and $1,000 to $3,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1273From reprimand and $3,000 to $7,500 fine and probation, up to suspension followed by probation, or denial or revocation.

    1294From reprimand and $7,500 to $10,000 fine and suspension followed by probation, or denial or revocation.

    1312(n) Section 1314489.533(1)(n), F.S., 1316discipline by municipality or county.

    1321Penalty for violation most closely approximating act underlying local discipline.

    1331Penalty for violation most closely approximating act underlying local discipline.

    1341Penalty for violation most closely approximating act underlying local discipline.

    1351(o) Section 1353489.533(1)(o), F.S., 1355failing to materially comply with provisions of Chapter 489, Part II, F.S., or board rules.

    1370From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.

    1385From reprimand and $1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation or denial.

    1406From reprimand and $2,500 to $5,000 fine and suspension followed by probation, or revocation or denial.

    1424(p) Section 1426489.533(1)(p), F.S., 1428abandoning a project.

    1431From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    1451From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.

    1472Section 1473489.533(1)(p), F.S. 1475From reprimand and $5,000 to $10,000 fine and suspension, up to revocation.

    1489(q) Section 1491489.533(1)(q), F.S., 1493failing to affix a registration or certification number as required by Section 1505489.521(7), F.S.

    1507From $100 to $250 fine.

    1512From $250 to $400 fine.

    1517From reprimand and $500 to $1,000 fine.

    1525(r) Section 1527489.533(1)(r), F.S., 1529proceeding on job without obtaining local building permits or inspections.

    1539From $100 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    1556From $500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1573From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1591(s) Section 1593489.533(1)(s), F.S., 1595Section 1596455.227(1)(o), F.S., 1598practicing beyond scope of license.

    1603Geographical: From $100 to $250 fine. Occupational: From $1,000 to $2,500 fine, up to suspension followed by probation, or denial or revocation.

    1627Geographical: From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation. Occupational: From $2,500 to $5,000 fine, up to suspension followed by probation, or denial or revocation.

    1664Geographical: From $2,500 to $5,000 fine, suspension followed by probation up to revocation. Occupational: Section 1681489.533(1)(s), F.S. 1683From $5,000 to $10,000 fine, up to suspension followed by probation, or denial or revocation. Section 1701455.227(l)(o), F.S. 1703From $5,000 fine, up to suspension followed by probation, or denial or revocation.

    1717(t) Section 1719455.227(1)(a), F.S., 1721making misleading, deceptive or fraudulent representations in or related to the practice.

    1733From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.

    1750$5,000 fine and or suspension followed by probation or revocation.

    1761Revocation and $5,000 fine.

    1766(u) Section 1768455.227(1)(b), F.S., 1770intentionally violating a rule of the board or department.

    1779From reprimand and $1,000 to $2,500 fine, up to probation, suspension, revocation or denial.

    1795From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or revocation or denial.

    1816From reprimand and $5,000 fine and suspension followed by probation, or revocation or denial.

    1831(v) Section 1833455.227(1)(g), F.S., 1835having been found liable in civil court for filing false report or complaint against another licensee.

    1851From $1,000 to $3,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    1869From $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.

    1888From $5,000 fine and suspension followed by probation, up to denial or revocation.

    1902(w) Section 1904455.227(1)(i), F.S., 1906failing to report to the Department any person in violation of Chapters 455, and 489, Part II, or Board rules.

    1926From $500 fine, up to probation, suspension followed by probation, or denial or revocation.

    1940From $750 to $1,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    1957From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    1975(x) Section 1977455.227(1)(k), F.S., 1979failure to perform any statutory or legal obligation.

    1987From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

    2005From $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    2023From $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    2038(y) Section 2040455.227(1)(m), F.S., 2042making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession.

    2059From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.

    2075From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.

    2093$5,000 fine and revocation.

    2098(z) Section 2100455.227(1)(n), F.S., 2102exercising influence on patient or client for gain of licensee or third party.

    2115From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.

    2131From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.

    2149$5,000 fine and revocation.

    2154(aa) Section 2156455.227(1)(p), F.S., 2158improper delegation of professional responsibilities.

    2163From $250 to $1,000 fine, up to probation or suspension followed by probation, or denial or revocation.

    2181From $1,000 to $2,500 fine, up to probation or suspension followed by probation, or denial or revocation.

    2200From $2,500 to $5,000 fine, up to probation or suspension followed by probation, or denial or revocation.

    2219(bb) Section 2221455.227(1)(q), F.S., 2223violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules, DBPR or Board Order, or subpoena.

    2242From $1,000 to $5,000 fine and suspension until compliance, up to revocation.

    2256From $5,000 fine and suspension until compliance, up to revocation.

    2267$5,000 fine and revocation.

    2272(cc) Section 2274455.227(1)(t), F.S., 2276failing to report to Board, in writing, criminal plea or conviction within 30 days.

    2290From $500 to $1,000 fine and probation, suspension followed by probation, or denial or revocation.

    2306From $2,000 to $5,000 fine and suspension, up to denial or revocation.

    2320$5,000 fine up to denial or revocation.

    2328(dd) Section 2330455.227(1)(r), F.S., 2332improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    2347From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

    2365From $5,000 fine and probation, suspension followed by probation, or denial or revocation.

    2379$5,000 fine and suspension, up to denial or revocation.

    2389Rulemaking Authority 2391455.2273(1), 2392489.507(3) FS. 2394Law Implemented 2396455.227, 2397455.2273, 2398489.533 FS. 2400History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, 6-15-17.

     

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