Rule 61G19-5.002. Disciplinary Guidelines

(1) Purpose. Pursuant to Section 455.2273, F.S., the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 468, Part XII, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given in Rule 61G19-5.003, F.A.C. The ranges of penalties provided below include the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.569 and 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. |VIOLATION |RECOMMENDED RANGE OF PENALTY | |(a) Violating or failing to comply with any provision of this part, Chapter |(a)1. Unless otherwise specified in this rule, in the case of an applicant, | |455, F.S., or a valid rule or lawful order of the board or department, or |the usual action of the Board shall be from licensure with a $500 | |subpoena of the department. |administrative fine and one year’s probation to denial of the application; in | |(Sections 468.621(1)(a), F.S., 455.227(1)(b) and (q), F.S.) |the case of a licensee, the usual action of the Board shall be to impose a | | |penalty from reprimand to one year’s probation and a fine of $1,000 up to | | |$2,500. | | |(a)2. After the first offense, a minimum of one year’s probation up to | | |revocation or denial of licensure, and an administrative fine of $2,500 up to | | |$5,000 depending on the underlying offense and the magnitude of the violation.| |(b) Obtaining certificate through fraud, deceit, or perjury. |The usual action of the Board shall be to impose a penalty of revocation and a| |(Sections 468.621(1)(b), 455.227(1)(h), F.S.) |fine of $2,500. | |(c) Knowingly assisting any person to unlawfully practice building code |(c)1. In the case of an applicant, the usual action of the Board shall be from| |administration, inspecting, or plans examination contrary to the provisions of|licensure with a $500 administrative fine and one year’s probation to denial | |this part or the building code adopted by the enforcement authority governing |of the application. In the case of a licensee, the usual action of the Board | |that person. |shall be to impose a penalty from one year’s probation to one year’s | |(Sections 468.621(1)(c), 455.227(1)(j), F.S.) |suspension and a fine of $1,000 up to $2,500. | | |(c)2. After the first offense, the usual action of the Board shall be to | | |impose a penalty from one year’s suspension to revocation and a fine of $2,500| | |up to $5,000. | |(d) Having been convicted of a felony. |(d)1. In the case of an applicant, the usual action of the Board shall be from| |(Sections 468.621(1)(d), F.S.) |licensure with a $500 administrative fine and one year’s probation to denial | | |of the application. | | |In the case of a licensee, the usual action of the Board shall be to impose a | | |penalty from one year’s suspension to revocation and a fine of $1,000 up to | | |$2,500. | | |(d)2. For a second offense in the case of an applicant, the usual action of | | |the Board shall be from licensure with an $1,000 administrative fine and | | |suspension of 30 days followed by two year’s probation to denial. In the case | | |of a licensee, the usual action of the Board shall be to impose a penalty from| | |one year’s suspension followed by one year’s probation with conditions to | | |revocation and a fine of $2,500 up to $5,000. | | |(d)3. After the second offense, the usual action of the Board shall be | | |revocation and a fine of $5,000. | |(e) Guilt of or nolo plea entered to a crime directly related to building code|(e)1. In the case of an applicant, the usual action of the Board shall be | |administration or inspection. |denial. In the case of a licensee, the usual action of the Board shall be to | |(Sections 468.621(1)(e), 455.227(1)(c), F.S.) |impose a penalty from one year’s suspension to revocation and a fine of $1,000| | |up to $2,500. | | |(e)2. After the first offense, the usual action of the Board shall be to | | |impose a penalty of revocation and a fine of $5,000. | |(f) Knowingly making or filing a false report or failing to file a report as |(f)1. In the case of an applicant, the usual action of the Board shall be from| |required. |licensure with a $500 administrative fine and 30-day suspension followed by | |(Sections 468.621(1)(f), 455.227(1)(l), F.S.) |one year’s probation to denial. In the case of a licensee, the usual action of| | |the Board shall be to impose a 30 day period of suspension to be followed by | | |one year’s probation and a fine of $1,000 up to $2,500. | | |(f)2. After the first offense, in the case of an applicant, the usual action | | |of the Board shall be denial. In the case of a licensee, the usual action of | | |the Board shall be revocation and a fine of $5,000. | |(g) Committing willful misconduct, gross negligence, gross misconduct, | | |repeated negligence, or negligence resulting in a significant danger to life | | |or property. | | |(Sections 468.621(1)(g), F.S.) | | |1. Negligence |1.a. In the case of an applicant, the usual action of the Board shall be from | | |licensure with one year’s probation to denial. In the case of a licensee, the | | |usual action of the Board shall be to impose a penalty from one year’s | | |probation to 30 day’s suspension and a fine of $1,000 up to $2,500. | | |1.b. For a second offense in the case of an applicant, the usual action of the| | |Board shall be from one year’s probation to denial and a $1,000 administrative| | |fine. In the case of a licensee, the usual action of the Board shall be to | | |impose a penalty from one year’s suspension followed by one year’s probation | | |and a fine of $2,500 up to $5,000. | | |1.c. After the second offense, the usual action of the Board shall be | | |revocation and a fine of $5,000. | |2. Gross or repeated negligence, or gross misconduct. |2.a. In the case of an applicant, the usual action of the Board shall be | | |denial. In the case of a licensee, the usual action of the Board shall be to | | |impose a penalty from one year’s suspension to revocation and a fine of $1,000| | |up to $2,500. | | |2.b. After the first offense, the usual action of the Board shall be | | |revocation and a fine of $2,500 up to $5,000. | |3. Willful misconduct. |3.a. In the case of an applicant, the usual action of the Board shall be | | |denial. In the case of a licensee, the usual action of the Board shall be to | | |impose a penalty of revocation and fine of $2,500. | |(h) Making misleading, deceptive or fraudulent representations. |3.b. After the first offense, the usual action of the Board shall be to impose| |(Sections 455.227(1)(a) and (m), F.S.) |a penalty of revocation and a fine of $5,000. | |1. Misleading or deceptive. |1.a. In the case of an applicant, the usual action of the Board shall be | | |licensure with a $1,000 administrative fine and one year’s probation or | | |denial. In the case of a licensee, the usual action of the Board shall be to | | |impose a penalty from reprimand to one year’s probation and a fine of $1,000 | | |up to $2,500. | | |1.b. After the first offense, in the case of an applicant, the usual action of| | |the Board shall be denial. In the case of a licensee, the usual penalty shall | | |be six months’ suspension to revocation and a fine of $2,500 up to $5,000. | |2. Fraudulent. |2.a. In the case of an applicant, the usual action of the Board shall be | | |denial. In the case of a licensee, the usual action of the Board shall be to | | |impose a penalty from one year’s suspension to revocation, a fine of $2,500. | | |2.b. After the first offense, the usual action of the Board shall be to impose| | |a penalty of revocation and a fine of $5,000. | |(i) Present as his or her own the certificate of another. |In the case of an applicant, the usual action of the Board shall be denial. In| |(Sections 468.629(1)(c), 468.621(1)(a), F.S.) |case of a licensee, the usual action of the Board shall be to impose a penalty| | |of revocation and a fine of $5,000. | |(j) Give false or forged evidence for the purpose of obtaining a certificate. |In the case of an applicant, the usual action of the Board shall be denial. In| |(Sections 468.629(1)(d), 468.621(1)(a), F.S.) |case of a licensee, the usual action of the Board shall be to impose a penalty| | |of revocation and a fine of $5,000. | |(k) Use or attempt to use a certificate that has been suspended or revoked. |In case of an applicant, the usual action of the Board shall be denial. In | |(Sections 468.629(1)(e), 468.621(1)(a), F.S.) |case of a licensee, the usual action of the Board shall be to impose a penalty| | |of revocation and a fine of $5,000. | |(l) Threaten, coerce, trick, persuade, or otherwise influence or to attempt to|(l)1. In case of an applicant, the usual action of the Board shall be denial. | |do so, any certificate holder to violate Chapter 468, Part XIII, F.S. |In case of a licensee, the usual action of the Board shall be to impose a | |(Sections 468.629(1)(f), 468.621(1)(a), F.S.) |penalty of one year’s suspension followed by one year’s probation to | | |revocation and a fine of $2,500 up to $5,000. | | |(l)2. After the first offense, the usual penalty shall be revocation and a | | |fine of $5,000. | |(m) Offer compensation to a certificate holder to induce violation of law or |In case of an applicant, the usual action of the Board shall be denial. In | |local building code. |case of a licensee, the usual action of the Board shall be to impose a penalty| |(Sections 468.629(1)(g), 468.621(1)(a), F.S.) |of revocation and a fine of $5,000. | |(n) Practicing as a building code administrator, plans examiner, or inspector |(n)1. In the case of an applicant, the usual action of the Board shall be | |without a valid active certificate. |licensure with an administrative fine and probation or denial. In the case of | |(Sections 468.607, 468.621(1)(a), F.S.) |a licensee, the usual action by the Board shall be to impose a penalty from | | |reprimand to one year’s probation and a fine of $1,000 up to $2,500. | | |(n)2. After the first offense, in the case of an applicant, the usual action | | |of the Board shall be denial. For a licensee, the penalty shall be revocation | | |and a fine of $5,000. | |(o) Having the authority to practice revoked or acted against, including the |(o)1. Imposition of discipline comparable to the discipline which would have | |denial of licensure. |been imposed if the substantive violation had occurred in Florida or one | |(Section 455.227(1)(f), F.S.) |year’s suspension or for an applicant licensure with a $1,000 administrative | | |fine and one year’s probation or denial of the license until the license is | | |unencumbered in the jurisdiction in which disciplinary action was originally | | |taken, and an administrative fine of $1,000 up to $2,500. | | |(o)2. After the first offense, from imposition of discipline comparable to | | |that which would have been imposed if a second or higher substantive violation| | |had occurred in Florida to revocation or for an applicant from one year’s | | |probation to denial of license and an administrative fine of $1,000 up to | | |$2,500. | |(p) Failing to report to the department any violation of Chapters 468, Part |(p)1. In case of an applicant, the usual action shall be denial or licensure | |XII, and 455, F.S., or the rules of the Board or Department. |with probation and an administrative fine of $500 to $1,000. In case of the | |(Section 455.277(1)(i), F.S.) |licensee, the usual action of the Board shall be to impose a penalty from | | |reprimand to one year’s probation and a fine of $1,000 up to $2,500. | | |(p)2. After the first offense, in the case of an applicant the usual action of| | |the Board shall be denial. In the case of a licensee, the usual action of the | | |Board shall be to impose a penalty from one year’s suspension followed by one | | |year’s probation to revocation and a fine of $2,500 up to $5,000. | |(q) Failing to perform any statutory or legal obligations. |(q)1. Unless otherwise specified in this rule, in the case of an applicant, | |(Section 455.227(1)(k), F.S.) |the usual action of the Board shall be from licensure with a $1,000 | | |administrative fine and one year’s probation to denial; in the case of a | | |licensee, the usual action of the board shall be to impose a penalty from | | |reprimand to one year’s probation and a fine of $1,000 up to $2,500. | | |(q)2. After the first offense unless otherwise specified in this rule, the | | |usual action of the Board shall be denial in the case of an applicant; in the | | |case of a licensee, the usual action of the Board shall be to impose a penalty| | |from one year’s probation to revocation and a fine of $2,500 up to $5,000. | |(r) Practicing or offering to practice beyond the scope of law or competence. |(r)1. In the case of an applicant, the usual action of the Board shall be | |(Section 455.227(1)(o), F.S.) |licensure with one year’s probation and a $1,000 administrative fine or | | |denial. In the case of a licensee, the usual action of the Board shall be to | | |impose a penalty from one year’s probation to one year’s suspension of license| | |and a fine of $1,000 up to $2,500. | | |(r)2. After the first offense, in the case of an applicant, the usual action | | |of the Board shall be denial. In the case of a licensee, the usual action of | | |the Board shall be to impose a penalty from one year’s suspension of license | | |followed by one year’s probation to revocation and a fine of $2,500 up to | | |$5,000. | |(s) Knowingly delegating professional responsibilities to an unqualified |(s)1. In case of an applicant, the usual action of the Board shall be | |person. |licensure with one year’s probation and a $1,000 administrative fine or | |(Section 455.227(1)(p), F.S.) |denial. In case of a licensee, the usual action of the Board shall be to | | |impose a penalty from one year’s suspension to revocation and a fine of $1,000| | |up to $2,500. | | |(s)2. After the first offense, in the case of an applicant, the usual action | | |of the Board shall be denial. In the case of a licensee, the usual action | | |shall be to impose a penalty from one year’s suspension of license followed by| | |one year’s probation to revocation and a fine of $2,500 up to $5,000. | |(t) Improperly interfering with an investigation, inspection, or disciplinary |(t) The usual action of the Board shall be denial or revocation of license | |proceeding. |with ability to reapply upon payment of an administrative fine of $2,500 up to| |(Section 455.277(1)(r), F.S.) |$5,000 to denial or revocation of license without ability to reapply. | |(u) Failing to lawfully execute the duties and responsibilities specified in |(u)1. Unless otherwise specified in this rule, in the case of an applicant, | |Chapter 468, Part XII, F.S., and in Sections 553.73, 553.781, 553.79 and |the usual action of the Board shall be from licensure with an administrative | |553.791, F.S. |fine and one year’s probation to denial; in the case of a licensee, the usual | | |action of the Board shall be to impose a penalty from reprimand to one year’s | | |probation and a fine of $1,000 up to $2,500. | | |(u)2. After the first offense, a minimum of one year’s probation to revocation| | |or denial of licensure, and a fine of $1,000 up to $3,000 depending on the | | |underlying offense and the magnitude of the violation. | |(v) Performing building code inspection services under Section 553.791, F.S., |(v)1. Unless otherwise specified in this rule, in the case of an applicant, | |without satisfying the insurance requirements of said section. |the usual action of the Board shall be from licensure with a $1,000 | | |administrative fine and one year’s probation to denial; in the case of a | | |licensee, the usual action of the Board shall be to impose a penalty from | | |reprimand to one year’s probation and a fine of $1,000 up to $2,500. | | |(v)2. After the first offense, a minimum of one year’s probation to revocation| | |or denial of license, and a fine of $1,000 up to $3,000 depending on the | | |underlying offense and the magnitude of the violation. | |(w) Failing to report in writing to the Board within thirty (30) days a |(w)1. For late reporting of a conviction, guilty verdict or plea, a $500 | |conviction, guilty verdict, or plea of nolo contendere or guilty to, |administrative fine. | |regardless of adjudication, a crime in any jurisdiction. | | | |(w)2. For failure to report a conviction, guilty verdict or plea, a $1,000 | | |administrative fine. | | |(w)3. For failure to report a crime directly related to building code | | |administration or inspection, open a new case pursuant to paragraph (2)(e), | | |and failure to report shall be considered an aggravating factor. |

(3) Stipulation or Settlement. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

(4) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Agency to send a letter of guidance pursuant to Section 455.225(4), F.S., in any case for which it finds such action appropriate.

(5) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Agency pursue collateral civil or criminal actions when appropriate. Rulemaking Authority 455.227, 455.2273, 468.606 FS. Law Implemented 455.227, 455.2273, 468.607, 468.621, 468.629 FS. History–New 5-23-94, Amended 8-14-96, 8-3-97, 11-2-00, 4-10-06, 1-10-07, 9-20-09, 6-1-10, 2-1-12, 7-31-23.