61K1-3.026. Disciplinary Guidelines

(1) When the commission finds any of the enumerated violations have occurred in disciplinary cases, it shall act in accordance with the guidelines set forth below. The commission shall impose the applicable penalty, unless it finds an aggravating or mitigating circumstance, in which case it may deviate from these disciplinary guidelines; otherwise, said guidelines shall be followed by the commission in imposing disciplinary penalties upon licensees for violation of the noted statutes and rules:

(a) Being guilty of violating Chapter 548, F.S., or the rules of the commission (Section 548.071(1), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine	Denial of licensure or $5000 fine and suspension to be followed by a term of probation or revocation
SECOND OFFENSE	$1000 fine and probation	Denial of licensure or $5000 fine and suspension to be followed by a term of probation or revocation

(b) Having commited fraud or deceit in securing any license or permit (Section 548.071(2), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine and probation	Denial of licensure or $5000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$5000 fine and suspension	Denial of licensure or $5000 fine and revocation

(c) Having been convicted of, having pled guilty to, having entered a plea of nolo contendere to, or having been found guity of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation (Section 548.071(3), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and probation	Denial of licensure or $1000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$1000 fine and suspension	Denial of licensure or $5000 fine and revocation

(d) Being guilty of unprofessional or unethical conduct (Section 548.071(4), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	Denial of licensure or $5000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$500 fine and probation	Denial of licensure or $5000 fine and revocation

(e) Having made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under Chapter 548, F.S. (Section 548.071(5), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine	Denial of licensure or $5000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$2000 fine and probation	Denial of licensure or $5000 fine and revocation

(f) Having failed to account for or pay over moneys belonging to others which have come into his or her possession in connection with a match (Section 548.071(6), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine	Denial of licensure or $2000 fine and suspension followed by probation
SECOND OFFENSE	$3000 fine and probation	Denial of licensure or $5000 fine and revocation

(g) Having failed to furnish to the proper party a copy of any contract or statement required by Chapter 548, F.S., or having breached such contract (Section 548.071(7), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine	Denial of licensure or $500 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$1000 fine and probation	Denial of licensure or $1,000 fine and revocation

(h) Having paid or agreed to pay any money or article of value to any licensee or permittee for soliciting or for business secured or for rendering any service or the doing of any of the acts foridden by Chapter 548, F.S., and the rules adopted thereunder (Section 548.071(8), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine	Denial of licensure or $3000 fine, and suspension to be followed by a term of probation
SECOND OFFENSE	$1000 fine, and suspension to be followed by a term of probation	Denial of licensure and $2,000 fine and revocation

(i) Having loaned his or her license or permit to another person or having borrowed or used the license or permit of another (Section 548.071(9), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine and probation	Denial of licensure or $2000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$3000 fine and suspension	Denial of licensure or $5000 fine and revocation

(j) Having employed a person who does not hold a license or permit as required by law (Section 548.071(10), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine	Denial of licensure or $1000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$3000 fine and probation	Denial of licensure or $5000 fine and revocation

(k) Having failed to maintain in force the bond required by Chapter 548, F.S., or having failed to deposit with the commission the requried cash, check or securities (Section 548.071(11), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine	Denial of licensure or $3000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$3000 fine and probation	Denial of licensure or $5000 fine and revocation

(l) Having been disciplined by the commission or similar agency or body of any jursidiction (Section 548.071(12), F.S.);

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1000 fine and same penalty imposed by the other jurisdiction up to $5000 and revocation	Denial of licensure or $5000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$3000 fine and same penalty imposed by the other jurisdiction up to $5000 and revocation	Denial of licensure or $5000 fine and revocation

(m) Having failed to pay a fine imposed under Chapter 548, F.S. (Section 548.071(13), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100 fine	Denial of licensure or $3000 fine and suspension to be followed by a term of probation
SECOND OFFENSE	$500 fine and probation	Denial of licensure or $5000 fine and revocation

(2) Based upon consideration of the following factors, the commission may impose disciplinary action other than the penalties recommended above not to exceed a $5000 fine and revocation:

(a) Danger to the public;

(b) Length of time since date of violation;

(c) Number of complaints filed against the licensee;

(d) Actual damage, physical or otherwise, caused by the violation;

(e) Deterrent effect of the penalty imposed;

(f) Effect of the penalty upon the licensee’s or registrant’s livelihood;

(g) Any efforts for rehabilitation;

(h) Actual knowledge of the licensee or registrant pertaining to the violation;

(j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations;

(i) Related violations against a licensee or registrant in another state, including findings of guilt or innocence, penalties imposed and penalties served;

(j) Actual negligence of the licensee or registrant pertaining to any violations;

(k) Any other mitigating or aggravating circumstances.

(3) The provisions of subsections (1) through (2) above shall not be construed so as to prohibit civil action or criminal prosecution, and the provisions of subsections (1) through (2) above shall not be construed so as to limit the ability of the commission to enter into binding stipulations with accused parties as per Section 120.57(3), F.S.

(4) In every case in which the commission imposes a monetary fine, it shall also suspend the Respondent’s license(s); however, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the commission’s final order. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted.

Rulemaking Authority 455.2273(3), 548.003, 548.071, 548.075 FS. Law Implemented 455.2273(3), 548.071, 548.075 FS. History–New 11-26-15.