Rule 61-31.602. Disciplinary Guidelines

(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 455 or 468, Part XVI, F.S., the following Disciplinary Guidelines shall be followed. The identification of violations is 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 (This description |Penalty Range for First Violation. |Penalty Range for Subsequent Violation.| | |is a general summary). | | | |(a) Violation of: |Violation of any provision of Chapter 468, |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Probation, | |Section 468.842(1)(a) or |Part XVI or Section 455.227(1), F.S. |Probation, or Suspension. |Suspension, or Revocation. | |455.227(1)(q), F.S. | | | | |(b) Violation of: |Attempting to procure a license by bribery |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Probation, | |Section 468.842(1)(b) or |or fraudulent misrepresentations. |Probation, Suspension, Revocation, |Suspension, Revocation, or Denial of | |455.227(1)(h), F.S. | |or Denial of License. |License. | |(c) Violation of: |Having a license to practice mold |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Reprimand, | |Section 468.842(1)(c) or |assessment or mold remediation revoked, |Probation, Suspension, or |Probation, Suspension, or Revocation. | |455.227(1)(f), F.S. |suspended, denied or acted against in |Revocation. | | | |another state, territory or country. | | | |(d) Violation of: |Being convicted, found guilty, pleading |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Revocation. | |Section 468.842(1)(d) or |nolo contendere to a crime, in any |Suspension, or Revocation. | | |455.227(1)(c), F.S. |jurisdiction, that directly relates to the | | | | |practice or ability to practice. | | | |(e) Violation of: |Making or filing a known false report, |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Revocation. | |Section 468.842(1)(e) or |willfully failing to file a required record|Probation Suspension, or Revocation.| | |455.227(1)(l), F.S. |or report, willfully impeding or | | | | |obstructing such filing. | | | |(f) Violation of: |Advertising goods or services in a manner |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Reprimand, | |Section 468.842(1)(f), F.S. |that is fraudulent, false, deceptive, or |Probation, or Suspension. |Probation, Suspension, or Revocation. | | |misleading in form or content. | | | |(g) Violation of: |Engaging in fraud, deceit, negligence, |Fine up to $5,000; Plus Reprimand, |Fine up to $5,000; Plus Reprimand, | |Section 468.842(1)(g), F.S. |incompetence or misconduct in the practice |Probation, Suspension, or |Probation, Suspension, or Revocation. | | |of mold assessment or remediation services.|Revocation. | | |(h) Violation of: |Failing to perform any statutory or legal |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Probation, | |Section 468.842(1)(h), F.S. |obligation placed upon a licensed mold |Probation, or Suspension. |Suspension, or Revocation. | | |assessor or remediator; violating any | | | | |provision of Chapter 468, Part XVI, F.S.; | | | | |violating an order of the Department | | | | |previously entered. | | | |(i) Violation of: |Practicing on a revoked, suspended, |Fine up to $1,000 + Costs; Plus |Fine up to $5,000; Plus Probation, | |Section 468.832(1)(i), F.S. |inactive or delinquent license. |Reprimand, Probation, Suspension, or|Suspension, or Revocation. | | | |Revocation. | | |(j) Violation of: |Making false, fraudulent, deceptive or |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Reprimand, | |Section 455.227(1)(a), F.S. |misleading representations in or related to|Probation, or Suspension. |Probation, Suspension, or Revocation. | | |the practice of the licensee’s profession. | | | |(k) Violation of: |Intentional violation of any administrative|Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Suspension, | |Section 455.227(1)(b), F.S. |rule. |Probation, Suspension. |Revocation. | |(l) Violation of: |Having been found civilly liable for |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Suspension, or | |Section 455.227(1)(g), F.S. |knowingly filing a false report or |or Probation. |Revocation. | | |complaint against another licensee. | | | |(m) Violation of: |Knowingly concealing information regarding |Fine up to $1,000; Plus Reprimand. |Fine up to $5,000; Plus Probation, | |Section 455.227(1)(i), F.S. |violation of Chapter 468, Part XVI, F.S., | |Suspension, or Revocation. | | |or rules of the Department. | | | |(n) Violation of: |Aiding, assisting, procuring, employing or |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Suspension, or | |Section 455.227(1)(j), F.S. |advising unlicensed person or entity to |Probation, Suspension, or |Revocation. | | |practice profession contrary to Chapter |Revocation. | | | |468, Part XVI or Chapter 455, F.S., or | | | | |rules of the Department. | | | |(o) Violation of: |Failing to perform any statutory or legal |Fine up to $5,000; Plus Reprimand, |Fine up to $5,000; Plus Suspension, or | |Section 455.227(1)(k), F.S. |obligation of licensee. |Probation, Suspension, or |Revocation. | | | |Revocation. | | |(p) Violation of: |Exercise influence on client for improper |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Reprimand, | |Section 455.227(1)(n), F.S. |financial gain of licensee or third party. |Probation, Suspension, or |Probation, Suspension, or Revocation. | | | |Revocation. | | |(q) Violation of: |Practicing beyond the scope of license. |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Suspension. | |Section 455.227(1)(o), F.S. | |Probation. | | |(r) Violation of: |Accepting and performing or delegating |Fine up to $1,000; Plus Reprimand, |Fine up to $5,000; Plus Suspension, or | |Section 455.227(1)(p), F.S. |responsibilities licensee knows or should |or Probation. |Revocation. | | |know he or the delegee is not competent to | | | | |perform. | | | |(r) Violation of: |Interfering with an investigation, |Fine up to $1,000; Plus Reprimand, |Fine up to $1,000; Plus Suspension, | |Section 455.227(1)(r), F.S. |inspection or disciplinary proceeding. |Probation Suspension, or Denial of |Revocation, or Denial of Licensure. | | | |Licensure. | |

(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 14 hours of continuning education courses.

(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 this or 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, 455.2273, 468.8424 FS. Law Implemented 455.227, 455.2273, 468.8419, 468.842 FS. History‒New 1-30-14.