Rule 61-30.602. Disciplinary Guidelines

(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. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included: |Statutory Violation |Description of Violation |Penalty Range for First |Penalty Range for Subsequent Violation.| | | |Violation. | | |(a) Section |Violation of any provision of Chapter 468, Part |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus probation, | |468.832(1)(a), F.S. |XV or Section 455.227(1), F.S. |probation, or suspension. |suspension, or revocation. | |(b) Section |Attempting to procure a license by bribery or |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus probation, | |468.832(1)(b), F.S. |fraudulent misrepresentations. |probation, suspension, revocation, or |suspension, revocation, or denial of | | | |denial of license. |license. | |(c) Section |Having a license to practice home inspection |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus reprimand, | |468.832(1)(c) or |services revoked, suspended, denied or acted |probation, suspension, or revocation. |probation, suspension, or revocation. | |455.227(1)(f), F.S. |against in another state, territory or country. | | | |(d) Section |Being convicted, found guilty, pleading nolo |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus revocation. | |468.832(1)(d) or |contendere to, regardless of adjudication, a |suspension, or revocation. | | |455.227(1)(c), F.S. |crime in any jurisdiction that directly relates | | | | |to the practice or ability to practice home | | | | |inspection services. | | | |(e) Section |Making or filing a report or record the licensee |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus revocation. | |468.832(1)(e) or |knows to be false, willfully failing to file a |probation, suspension, or revocation. | | |455.227(1)(l), F.S. |record or report required by state or federal | | | | |law, willfully impeding or obstructing such | | | | |filing. | | | |(f) Section |Advertising goods or services in a manner that is|Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus reprimand, | |468.832(1)(f), F.S. |fraudulent, false, deceptive, or misleading in |probation, or suspension. |probation, suspension, or revocation. | | |form or content. | | | |(g) Section |Engaging in fraud, deceit, negligence, |Fine up to $5,000, plus reprimand, |Fine up to $5,000, plus reprimand, | |468.832(1)(g), F.S. |incompetence or misconduct in the practice of |probation, suspension, or revocation. |probation, suspension, or revocation. | | |home inspection services. | | | |(h) Section |Failing to perform any statutory or legal |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus probation, | |468.832(1)(h), F.S. |obligation placed upon a licensed home inspector;|probation, or suspension. |suspension, or revocation. | | |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. | | | |(i) Section |Practicing on a revoked, suspended, inactive or |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus probation, | |468.832(1)(i), F.S. |delinquent license. |probation, suspension, or revocation. |suspension, or revocation. | |(j) Section |Making false, fraudulent, deceptive or misleading|Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus reprimand, | |455.227(1)(a), F.S. |representations in or related to the practice of |probation, or suspension. |probation, suspension, or revocation. | | |the licensee’s profession. | | | |(k) Section |Intentionally violating any rule adopted by the |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus suspension, or | |455.227(1)(b), F.S. |department. |probation, or suspension. |revocation. | |(l) Section |Having been found civilly liable for knowingly |Fine up to $1,000, plus reprimand, or |Fine up to $5,000, plus suspension, or | |455.227(1)(g), F.S. |filing a false report or complaint with the |probation. |revocation. | | |department against another licensee. | | | |(m) Section |Attempting to obtain, obtaining or renewing a |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus probation, | |455.227(1)(h), F.S. |license to practice by bribery or fraudulent |probation, suspension, or revocation. |suspension, or revocation. | | |misrepresentation or through an error of the | | | | |department. | | | |(n) Section |Failing to report to the department any person |Fine up to $1,000, plus reprimand. |Fine up to $5,000, plus probation, | |455.227(1)(i), F.S. |who the licensee knows is in violation of Chapter| |suspension, or revocation. | | |455, F.S., the chapter regulating the alleged | | | | |violator, or the rules of the department. | | | |(o) Section |Aiding, assisting, procuring, employing or |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus suspension, or | |455.227(1)(j), F.S. |advising an unlicensed person or entity to |probation, suspension, or revocation. |revocation. | | |practice profession contrary to Chapter 468, Part| | | | |XV, or 455, F.S., or rules of the department. | | | |(p) Section |Failing to perform any statutory or legal |Fine up to $5,000, plus reprimand, |Fine up to $5,000, plus suspension, or | |455.227(1)(k), F.S. |obligation placed upon a licensee. |probation, suspension, or revocation. |revocation. | |(q) Section |Making deceptive, untrue or fraudulent |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus revocation, or | |455.227(1)(m), F.S. |representations in or related to the practice of |suspension, or revocation. |denial of license. | | |the licensee’s profession. | | | |(r) Section |Exercising influence on client for improper |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus reprimand, | |455.227(1)(n), F.S. |financial gain of the licensee or a third party. |probation, suspension, or revocation. |probation, suspension, or revocation. | |(s) Section |Practicing or offering to practice beyond the |Fine up to $1,000, plus reprimand, or |Fine up to $5,000, plus suspension. | |455.227(1)(o), F.S. |scope permitted by law or accepting and |probation. | | | |performing professional responsibilities the | | | | |licensee knows, or has reason to know, the | | | | |licensee is not competent to perform. | | | |(t) Section |Delegating or contracting for the performance of |Fine up to $1,000, plus reprimand, or |Fine up to $5,000, plus suspension, or | |455.227(1)(p), F.S. |professional responsibilities by a person when |probation. |revocation. | | |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. | | | |(u) Section |Violating any provision of Chapter 468, Part XV, |Fine up to $1,000, plus reprimand, or |Fine up to $2,500, plus probation, or | |455.227(1)(q), F.S. |or 455, F.S., rules of the department or any |probation. |suspension. | | |lawful order of the department. | | | |(v) Section |Improperly interfering with an investigation, |Fine up to $1,000, plus reprimand, |Fine up to $1,000, plus suspension, | |455.227(1)(r), F.S. |inspection or disciplinary proceeding. |probation, suspension, or denial of |revocation, or denial of licensure. | | | |licensure. | | |(w) Section |Failing to report in writing to the department |Fine up to $1,000, plus reprimand, |Fine up to $5,000, plus revocation. | |455.227(1)(t), F.S. |within 30 days after the licensee is convicted |suspension, or revocation. | | | |of, or entered a plea of nolo contendere or | | | | |guilty to, regardless of adjudication, a crime in| | | | |any jurisdiction. | | |

(2) Additional Conditions which may be imposed through a final order:

(a) Licensee is placed on probation for a period of time as determined by the department;

(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;

(c) The licensee shall demonstrate compliance with all the conditions of the Final Order, prior to the lifting of probation;

(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;

(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.

(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.

(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. History of previous violations of the practice act or the rules promulgated thereunder;

2. The magnitude and scope of the project and the damage inflicted upon the public;

3. Evidence of violations of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority;

4. Failure to attempt to correct the violation by the licensee;

5. Any other relevant aggravating circumstances.

(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. 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;

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;

3. Restitution of any damages suffered by the licensee’s client;

4. Remedial steps taken by the licensee to avoid similar violations in the future;

5. Attempts by the licensee to correct the violation;

6. Any other relevant mitigating circumstances. Rulemaking Authority 455.2035, 455.227(3), 455.2273, 468.8325 FS. Law Implemented 455.227, 455.2273, 468.832, 468.8319 FS. History‒New 10-22-13.