Rule 61E1-6.001. Disciplinary Guidelines

(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 469 or 455, F.S., the following Disciplinary Guidelines shall be followed. Penalties imposed by the Department pursuant to Chapter 61E1-6, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below. 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 |Penalty Range for First Violation. |Penalty Range for Any Subsequent | | |description is a general summary). | |Violations. | |(a) Violation of: |Willfully or deliberately |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section 469.009(1)(a), |disregarding or violating health |Censure, Investigative/ |Probation, Suspension, Revocation; | |F.S. |and safety standards, Florida |Prosecution Costs, |Investigative/Prosecution Costs, | | |Statutes or rules promulgated |Reprimand, Probation, |Deny Issuance/Renewal License. | | |thereunder, or any ordinance. |Suspension, Revocation, | | | | |Deny Issuance/Renewal License. | | |(b) Violation of: |Violating any provision of |Fine of $500 up to $2,500, |Fine of $2,500 up to $5,000, | |Section 469.009(1)(b), |Chapter 455, F.S. |Censure, Investigative/ |Investigative/Prosecution Costs, | |F.S. | |Prosecution Costs, Reprimand, |Continuing Education, Probation, | | | |Continuing Education, Probation, |Suspension, Revocation, Deny | | | |Suspension, Revocation, Deny |Issuance/Renewal License. | | | |Issuance/Renewal License. | | |(c) Violation of: |Failing in any material respect |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(c), |to comply with the provisions |Censure, Investigative/ |Investigative/Prosecution Costs, | |F.S. |of this chapter or any rule |Prosecution Costs, Reprimand, |Continuing Education, Probation, | | |promulgated hereunder. |Continuing Education, Probation, |Suspension, Revocation, Deny | | | |Suspension, Revocation, Deny |Issuance/Renewal License. | | | |Issuance/Renewal License. | | |(d) Violation of: |Acting in the capacity of an |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(d), |asbestos contractor or asbestos |Investigative/Prosecution Costs, |Investigative/Prosecution Costs, | |F.S. |consultant under any license |Probation, Suspension, Deny |Probation, Suspension, Revocation, | | |issued under this chapter except |Issuance License/Renewal |Deny Issuance/Renewal License. | | |in the name of the licensee as |License. | | | |set forth on the issued license. | | | |(e) Violation of: |Proceeding on any job without |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(e), |obtaining all applicable |Censure, Investigative/ |Investigative/Prosecution Costs, | |F.S. |approvals authorizations, |Prosecution Costs, Reprimand, |Continuing Education, Probation, | | |permits, and inspections. |Continuing Education, Probation, |Suspension, Revocation. | | | |Suspension. | | |(f) Violation of: |Obtaining a license by fraud |Fine of $500 to $2,500, |Fine of $2,500 up to $5,000, | |Section 469.009(1)(f), or |or misrepresentation. |Investigative/Prosecution Costs, |Investigative/Prosecution Costs, | |455.227(1)(h), F.S. | |Reprimand, Probation, |Probation, Suspension, Revocation, | | | |Suspension, Revocation, Deny |Deny Issuance/Renewal License. | | | |Issuance/Renewal License. | | |(g) Violation of: |Being convicted, found guilty, |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(g), or |pleading nolo contendere to a |Investigative/Prosecution Costs, |Investigative/Prosecution Costs, | |455.227(1)(c), F.S. |crime, in any jurisdiction, that |Censure, Reprimand, Suspension, |Suspension, Revocation. | | |directly relates to the practice or |Revocation. | | | |ability to practice. | | | |(h) Violation of: |Knowingly violating any |Fine of $500 up to $1,000, |Fine of $2,500 up to $5,000, | |Section 469.009(1)(h), |building code, lifesafety code, |Investigative/Prosecution Costs, |Investigative/Prosecution Costs, | |F.S. |or county or municipal |Censure, Reprimand, Continuing |Continuing Education, Suspension, | | |ordinance relating to the |Education, Probation, Suspension, |Revocation. | | |practice of asbestos consulting |Revocation. | | | |or contracting. | | | |(i) Violation of: |Performing an act assisting a |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000 and | |Section |person or entity in the |Investigative/Prosecution Costs, |Probation, Suspension, Revocation; | |469.009(1)(i), F.S. |unlicensed practice of asbestos |Censure, Reprimand, Continuing |Investigative/Prosecution Costs, | | |consulting or contracting, if the |Education, Probation, Suspension, |Continuing Education, Deny | | |licensee knows or has reason to |Revocation. |Issuance/Renewal License. | | |know the person or entity was | | | | |unlicensed. | | | |(j) Violation of: |Committing mismanagement or |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section |misconduct in the practice of |Investigative/Prosecution Costs, |Probation, Suspension, Revocation; | |469.009(1)(j), F.S. |contracting causing financial |Censure, Reprimand, Restitution, |Investigative/Prosecution Costs, | | |harm to a customer. |Suspension, Probation, Continuing |Restitution, Continuing Education, | | | |Education, Deny Issuance/ |Deny Issuance/Renewal License. | | | |Renewal License. | | |(k) Violation of: |Being disciplined by any |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(k), or |municipality or county for an act |Censure, Reprimand, Probation, |Reprimand, Probation, Suspension, | |455.227(1)(f), F.S. |or violation of this chapter. |Suspension, Revocation. |Revocation. | |(l) Violation of: |Failing in any material respect |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section |to comply with the provisions |Censure, Investigative/Prosecution |Investigative Costs, Probation, | |469.009(1)(l), F.S. |of Chapter 469, F.S., or |Costs, Reprimand, Probation, |Suspension, Revocation, Deny | | |violating a rule or lawful order |Suspension, Revocation, Deny |Issuance/Renewal License. | | |of the department. |Issuance/Renewal License. | | |(m) Violation of: |Abandoning an asbestos |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section 469.009(1)(m), |abatement project in which the |Investigative/Prosecution Costs, |Probation, Suspension, Revocation; | |F.S. |asbestos contractor is engaged |Censure, Reprimand, Restitution, |Investigative/Prosecution Costs, | | |or under contract as a contractor. |Suspension, Probation, |Restitution, Continuing Education, | | | |Continuing Education, Deny |Deny Issuance/Renewal License. | | | |Issuance/Renewal License, | | | | |Revocation. | | |(n) Violation of: |Signing a statement falsely |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section 469.009(1)(n), |indicating that: 1) work is |Investigative/Prosecution Costs, |Probation, Suspension, Revocation; | |F.S. |bonded; or 2) payment has been |Censure, Reprimand, Suspension, |Investigative/Prosecution Costs, | | |made for all subcontracted work, |Probation, Continuing Education, |Continuing Education, Deny | | |labor, and materials, resulting in |Deny Issuance/Renewal License, |Issuance/Renewal License. | | |financial loss to owner, purchaser, |Revocation. | | | |or contractor; or 3) workers’ | | | | |compensation and public liability | | | | |insurance are provided. | | | |(o) Violation of: |Committing fraud or deceit in |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section 469.009(1)(o), or |the practice of asbestos |Investigative/Prosecution Costs, |Probation, Suspension, Revocation; | |455.227(1)(m), F.S. |consulting or contracting. |Censure, Reprimand, Restitution, |Investigative/Prosecution Costs, | | | |Suspension, Probation, |Restitution, Continuing Education, | | | |Continuing Education, Deny |Deny Issuance/Renewal License. | | | |Issuance/Renewal License, | | | | |Revocation. | | |(p) Violation of: |Committing incompetency or |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(p), |misconduct in the practice of |Investigative/Prosecution Costs, |Investigative/Prosecution Costs, | |F.S. |asbestos consulting or |Censure, Reprimand, Suspension, |Suspension, Probation, Continuing | | |contracting. |Probation, Continuing Education, |Education, Deny Issuance/Renewal | | | |Deny Issuance/Renewal License, |License, or Revocation. | | | |Revocation. | | |(q) Violation of: |Committing gross negligence, |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section 469.009(1)(q), |repeated negligence, or |Investigative/Prosecution Costs, |Probation, Suspension, and/or | |F.S. |negligence resulting in a |Censure, Reprimand, Restitution, |Revocation; Investigative/ | | |significant danger to life or |Suspension, Probation, |Prosecution Costs, Restitution, | | |property in the practice of |Continuing Education, Deny |Continuing Education, Deny | | |asbestos consulting or |Issuance/Renewal License, |Issuance/Renewal License. | | |contracting. |Revocation. | | |(r) Violation of: |Intimidating, threatening, |Fine of $1,000 up to $2,500, |Fine of $2,500 up to $5,000 and | |Section 469.009(1)(r), |coercing, or otherwise |Investigative/Prosecution Costs, |Probation, Suspension, | |F.S. |discouraging the service of a |Censure, Reprimand, Suspension, |Revocation; Investigative/ | | |notice to owner under Part I of |Probation, Continuing Education, |Prosecution Costs, Censure, | | |Chapter 713, F.S., or a notice to |Deny Issuance/Renewal License, |Reprimand, Continuing Education, | | |contractor under Chapter 255 or |Revocation. |Deny Issuance/Renewal License. | | |Part I of Chapter 713, F.S. | | | |(s) Violation of: |Failing to satisfy, within a |Fine of $500 up to $1,000, |Fine of $1,000 up to $5,000, | |Section 469.009(1)(s), |reasonable time, the terms of a |Investigative/Prosecution Costs, |Investigative/Prosecution Costs, | |F.S. |civil judgment obtained against |Censure, Reprimand, |Suspension, Probation, Continuing | | |the licensee, or the business |Suspension, Probation, Continuing |Education, Deny Issuance/Renewal | | |organization qualified by the |Education, Deny Issuance/ |License, Revocation. | | |licensee, relating to the practice |Renewal License, Revocation. | | | |of the licensee’s profession. | | |

(2) Minor Violations.

(a) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S.

1. Violation of Section 469.006(5)(a), F.S.

2. Violation of Section 469.006(5)(b), F.S.

(b) The designation of violations as minor for the purposes of Section 455.255(3), F.S., is limited to initial violations. Rulemaking Authority 455.225(3), 455.2273, 469.011 FS. Law Implemented 455.225(3), 455.2273, 469.009 FS. History‒New 9-19-16.