61H1-36.005. Citations

(1) Pursuant to Section 455.224, F.S., the Board sets forth in subsection (3) of this rule, those violations for which there is no substantial threat to the public health, safety and welfare; or, if there is a substantial threat to the public health, safety and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed.

(2) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation.

(3) The following violations with accompanying fines may be disposed of by citation:

(a) Practicing on an inactive or delinquent license (section 473.323(1)(i), F.S.)	Reprimand and fine based on length of time in practice while inactive; $100/month or $5,000 maximum (penalty will require licensure or cease practice).
(b) Licensees practicing in an unlicensed firm (including sole proprietors)or otherwise in violation of Sections 473.309, 473.3101, and 473.323(1)(g), F.S.	Reprimand and $100 per month fine to maximum of $5,000 and suspension of right to practice until corrected.
(c) Licensees who complete continuing professional education requirements timely but who are found to be deficient after December 31st of their renewal year (Rule 61H1-33.003, F.A.C.)	Submit documentation that deficient hours have been completed and pay $50 fine within 60 days.
(d) Licensees who fail to timely submit complete documentation for a CE audit	Fined $100 per month.
(e) Retention of client records when records are returned more than three months after the date requested and there is no evidence that the failure to return the records was due to any fees not being paid (Rule 61H1-23.002, F.A.C.)	$500 fine.
(f) 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 (up to 30 days late) (Section 455.227(1)(t), F.S.)	$250 fine.

(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions thereof. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to paragraph 61H1-36.004(3)(a), F.A.C.

(5) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be applied. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply.

Rulemaking Authority 455.224, 473.304 FS. Law Implemented 455.224 FS. History–New 12-30-91, Formerly 21A-36.005, Amended 12-7-93, 5-23-94, 8-16-99, 5-11-03, 7-23-06, 7-28-10, 10-13-22.