Rule 61G1-12.005. Citations

(1) Pursuant to Section 455.224, F.S. (1991), the Board sets forth in subsection (3) of this rule those violations for which there is no substantial threat to the public health, safety and welfare; or, if there is a substantial threat to the public health, safety and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed.

(2) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation.

(3) The following violations with accompanying fines may be disposed of by citation: |(a) |Practice on inactive license or delinquent license |Fine based on length of time in practice while inactive; | | |(Section 481.225(1)(h), F.S.) |$100/month or $500 maximum. The individual must reactivate the license or | | |(Section 481.225(1)(h), F.S.) |cease practice. | |(b) |Failure of individual or qualified business organization to |$250 fine and must comply with Section 481.221(8), F.S. | | |include their certificateof registration number (as other | | | |advertising medium) | | | |(Section 481.221(8), F.S. and paragraph 61G1-11.013(2)(a), | | | |F.A.C.) | | |(c) |Failure to timely report being convicted or found guilty of, or |$250 Fine | | |entering a plea of nolo contendere or guilty to, regardless of | | | |adjudication, a crime in any jurisdiction (up to 30 days late) | | | |(Section 455.227(l)(t)), F.S. | | |(d) |Failure to timely respond to a continuing education audit |$500 fine. | | |(Section 481.225(1)(a), F.S., and Rule 61-6.010, F.A.C.) | | |(e) |Failure to timely complete two hours in advanced instruction in |$500 fine. | | |the Florida Building Code curriculum | | | |(Section 481.215(5), F.S., and Rule 61G1-24.001(1)(a), F.A.C.) | |

(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions thereof. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to paragraph 61G1-12.004(3)(a), F.A.C.

(5) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be applied. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. Rulemaking Authority 455.224, 455.225 FS. Law Implemented 455.224 FS. History–New 12-22-91, Amended 1-3-93, 3-28-93, Formerly 21B-12.005, Amended 11-16-93, 5-4-97, 2-25-98, 12-3-98, 6-30-99, 12-12-04, 1-16-07, 7-22-10, 2-17-15, 12-6-20.