64E-18.008. Disciplinary Guidelines

(1) The following guidelines shall be used in disciplinary cases subject to other provisions of this rule.

(a) Knowingly authorizing or approving the construction, modification, installation, repair, use, or operation of a facility, structure, or device which does not meet health and sanitary standards as set forth in Chapter 500, 386, or 381, F.S., or Chapter 64E-6 or 64E-11, F.A.C., as they are applicable to the facility, the structure, or the device. First violation, letter of warning; second violation, $250 fine; repeat violation, 90 day suspension.

(b) Falsifying or providing written or verbal reports of inspections or evaluations which do not reflect the actual conditions observed or violations found at a site or within a facility. First violation, letter of warning; second violation, $250 fine; repeat violation, 30 day suspension.

(c) Allowing the continued existence of a sanitary nuisance without initiating efforts to obtain corrections. First violation, letter of warning; second violation, $250 fine; repeat violation, 30 day suspension.

(d) Directing a subordinate or coworker to violate rules and standards of the department relative to the provision of environmental health services as set forth in Chapter 500, 386, or 381, F.S., or Chapter 64E-6 or 64E-11, F.A.C. First violation, letter of warning; second violation, $250 fine; repeat violation, $500 fine and 90 day suspension.

(e) Providing primary environmental health services without obtaining prior certification from the department, offering to provide primary environmental health services without maintaining a current certification. First violation, letter of warning; second violation, $250 fine; repeat violation, $500 fine.

(f) Providing primary environmental health services with an expired or inactive certificate. First violation, letter of warning; second violation, $250 fine; repeat violation, $500 fine.

(g) Aiding or abetting evasion of Chapters 381, 386, 489 Part III, and 500, F.S., Chapter 64E-6 or 64E-11, F.A.C., promulgated thereunder. First violation, letter of warning; second violation, $250 fine; repeat violation, $500 fine and 90 day suspension.

(h) Obtaining a certificate through fraud, misrepresentation, or concealment of material facts. Revocation.

(i) Gross negligence, incompetence, or misconduct which:

1. Causes no monetary or other harm to an individual or the public, or physical harm to any person. First violation, letter of warning; second violation, $250 fine; repeat violation, 30 day suspension.

2. Causes monetary or other harm to an individual or the public, or physical harm to any person. First violation, letter of warning; second violation, $250 fine; repeat violation, 30 day suspension.

(j) Use of improper procedures or methodology to perform work, or a violation of subsection (1) above. First violation, letter of warning; second violation, $250 fine; repeat violation, $250 fine and 30 day suspension.

(2) Circumstances which will be considered for the purposes of determinig a penalty shall include the following:

(a) Monetary or other damage to the public or an individual, in any way associated with the violation, which damage the certified professional has not relieved, as of the time the penalty is to be assessed.

(b) The severity of the offense as recommended by the Environmental Health Professional Advisory Board and approved by the Division of Environmental Health.

(c) The danger to the public.

(d) The number of repetitions of the offense.

(e) The number of complaints filed against the individual.

(f) The length of time the environmental health professional has practiced.

(g) The actual damage, physical or otherwise, to the individual or the public.

(h) Any efforts at rehabilitation.

(3) Where several of the above violations shall occur in one or several cases being considered together, the penalties shall normally be cumulative and consecutive.

Specific Authority 381.0101 (5) FS. Law Implemented 381.0012, 381.0061(1), 381.0101(3), (4), (5), (8) FS. History–New 9-21-94, Amended 8-20-96, Formerly 10D-123.008, Amended 3-2-98, 8-21-05.