Rule 61G3-21.001. Normal Penalty Ranges

The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this chapter. The disciplinary guidelines are based on a single count violation of each provision listed. All penalties at the upper range of the sanctions set forth in the guidelines, such as suspension and revocation, include lesser penalties such as fine, probation or reprimand. Penalties increase with the severity of the violation and number of repeat violations. For the purposes of this rule, the descriptions of the violations in the table below are abbreviated and the statute or rule cited should be consulted for a complete description of the prohibited conduct. |VIOLATION |PENALTY RANGES | | |FIRST VIOLATION |SECOND AND SUBSEQUENT VIOLATIONS | |(1) Section 476.194(1)(a), F.S.: Practice barbering without an active |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |license. | | | |(Section 476.204(1)(a), F.S.) | | | |(2) Section 476.194(1)(c), F.S.: Obtain or attempt to obtain a license |Fine not to exceed $250 and revocation if|Fine not to exceed $500 and revocation if | |for money other than the required fee or any other thing of value or by |a license is obtained in this manner |a license is obtained in this manner | |fraudulent misrepresentations. | | | |(3) Section 476.194(1)(d)1., F.S.: Own, operate, maintain, open, |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |establish, conduct, or have charge of either alone or with another person| | | |or persons, a barbershop which is not licensed under the provisions of | | | |this chapter. | | | |(Sections 476.184 and 476.204(1)(b), F.S., and rule 61G3-19.013, F.A.C.) | | | |(4) Section 476.194(1)(d)2., F.S.: Own, operate, maintain, open, |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |establish, conduct, or have charge of either alone or with another person| | | |or persons, a barbershop in which a person not licensed as a barber is | | | |permitted to perform services. | | | |(5) Section 476.194(1)(e), F.S.: Use or attempt to use a license to |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |practice barbering when said license is suspended or revoked. | | | |(Section 476.204(1)(g), F.S., applicable to revoked license) | | | |(6) Section 476.204(1)(c), F.S.: Permitting an employed person to |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |practice barbering unless duly licensed, or otherwise authorized, as | | | |provided in chapter 476, F.S. | | | |(Section 476.194(1)(b), F.S.) | | | |(7) Section 476.204(1)(d), F.S.: Presenting as one’s own the license of |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |another. Fine to both the unlicensed presentor and the licensed | | | |individual who permitted his license to be used in such manner. | | | |(8) Section 476.204(1)(e), F.S.: Giving false or forged evidence to the |Denial of licensure or, alternatively, if|Denial of licensure or, alternatively, if | |Department in order to obtain a license. |license issued as a result of false |license issued as a result of false | | |information said license to be revoked |information said license to be revoked and| | | |fine not to exceed $500 | |(9) Section 476.204(1)(f), F.S.: Impersonating any other license holder. |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |Fine to both the impersonator and the individual who permitted the | | | |impersonation of himself. | | | | | | | |(10) Section 476.204(1)(i), F.S.: Violate or refuse to comply with: any |Fine not to exceed $250 |Fine not to exceed $500 | |provision of chapter 476 or chapter 455, F.S., other than those listed in| | | |this rule; or, a rule of the Board, other than the rules listed in this | | | |rule; or, a final order of the Board. | | | |(11) Section 476.214(1)(a), F.S.: Gross malpractice or gross incompetency|Fine not to exceed $250 and up to |Fine not exceed $500 up to revocation | |in the practice of barbering. |suspension | | |(12) Section 476.214(1)(b), F.S.: Engaging in the practice of barbering |Suspension of license until licensee can |Fine not to exceed $500 up to revocation | |while knowingly having an infectious or contagious disease. |prove that he or she is no longer | | | |infectious or contagious | | |(13) Section 455.227(1)(a), F.S.: Making misleading, deceptive, or |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |fraudulent representations in or related to the practice of barbering. | | | |(14) Section 455.227(1)(c), F.S.: Being convicted or found guilty of, or |Fine not to exceed $250 up to revocation |Fine not to exceed $500 up to revocation | |entering a plea of guilty or nolo contendere to, regardless of | | | |adjudication, a crime in any jurisdiction which relates to the practice | | | |of, or the ability to practice, a licensee’s profession. | | | |(15) Section 455.227(1)(e), F.S.: Failing to comply with the educational |Revocation if license issued |Revocation if license issued | |course requirements in section 455.2228, F.S., for human immunodeficiency| | | |virus and acquired immune deficiency syndrome. | | | |(16) Section 455.227(1)(f), F.S.: Having a license or the authority to |Denial of licensure when a license has |Denial of licensure when a license has not| |practice the regulated profession revoked, suspended, or otherwise acted |not been issued up to revocation when a |been issued up to revocation when a | |against, including the denial of licensure, by the licensing authority of|license has been issued |license has been issued | |any jurisdiction, including its agencies or subdivisions, for a violation| | | |that would constitute a violation under Florida law. | | | |(17) Section 455.227(1)(g), F.S.: Having been found liable in a civil |Fine not to exceed $250 up to suspension |Fine not to exceed $500 up to revocation | |proceeding for knowingly filing a false report or complaint with the | | | |department against another licensee. | | | | | | | |(18) Section 455.227(1)(h), F.S.: Attempting to obtain, obtaining or |Denial of licensure or, alternatively, if|Denial of licensure or, alternatively, if | |renewing a license to practice a profession by bribery, by fraudulent |license issued as a result of false |license issued as a result of false | |misrepresentation, or through an error of the Department or Board. |information said license to be revoked |information said license to be revoked and| | | |fine not to exceed $500.00 | |(19) Section 455.227(1)(i), F.S.: Failing to report to the department any|Fine not to exceed $250 |Fine not to exceed $500 | |person who the licensee knows is in violation of chapter 476, F.S., or | | | |the rules of the Board. | | | |(20) Section 455.227(1)(j), F.S.: Aiding, assisting, procuring, |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |employing, or advising any unlicensed person or entity to practice | | | |barbering contrary to chapter 476, F.S., or the rules of the Board. | | | |(21) Section 455.227(1)(k), F.S.: Failing to perform any statutory or |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |legal obligation placed upon a licensee. | | | |(22) Section 455.227(1)(m), F.S.: employing a trick or scheme in or |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |related to the practice of a profession. | | | |(23) Section 455.227(1)(n), F.S.: Exercising influence on the client for |Fine not to exceed $250 |Fine not to exceed $500 up to revocation | |the purpose of financial gain of the licensee or a third party. | | | | | | | |(24) Section 455.227(1)(o), F.S.: Practicing or offering to practice |Fine not to exceed $250 up to suspension |Fine not to exceed $500 up to revocation | |beyond the scope permitted by law or accepting and performing | | | |professional responsibilities the licensee knows, or has reason to know, | | | |the licensee is not competent to perform. | | | |(25) Subsection 61G3-19.009(1), F.A.C.: Display of barber’s license. |Fine not to exceed $50 |Fine not to exceed $150 up to probation | |(26) Subsection 61G3-19.009(2), F.A.C., Display of barbershop’s license. |Fine not to exceed $50 |Fine not to exceed $150 up to probation | |(27) Subsection 61G3-19.010(1), F.A.C.: Arrangements for performing |Fine not to exceed $250 |Fine not to exceed $500 up to suspension | |barber services outside a licensed shop. | | | |(28) Subsection 61G3-19.010(2), F.A.C.: Performing barber services |Fine not to exceed $250 |Fine not to exceed $500 up to suspension | |outside a licensed shop. | | | |(29) Barbershop Requirements, Sanitation Violations – paragraphs | | | |61G3-19.011(2)(d)-(f), (3), (4), (7)-(11)(a)-(d), and (12)-(15), F.A.C. | | | |(a) One or two rule violations |Fine not to exceed $100 |Repeated violation of any one or two | | | |sanitary rules – Fine not to exceed $200 | | | |up to suspension | |(b) Three or more rule violations |Fine not to exceed $200 |Repeated violation of any 3 or more of the| | | |sanitation rules – Fine not to exceed $400| | | |up to suspension | |(30) Barbershop Requirements, Safety, Code, and Structural Violations – | | | |paragraphs 61G3-19.011(2)(a)-(c), (6), and (15)-(22)(a)-(f), F.A.C. | | | |(a) One or two rule violations |Fine not to exceed $100 |Repeated violation of any one or two | | | |safety, code, and structural violations – | | | |Fine not to exceed $200 up to suspension | |(b) Three or more rule violations |Fine not to exceed $200 |Repeated violation of any three or more | | | |safety, code, and structural violations – | | | |Fine not to exceed $400 up to suspension | |(31) Rule 61G3-19.012, F.A.C., Posting of Barbershop Requirements. |Fine not to exceed $50 |Fine not to exceed $150 up to probation | Rulemaking Authority 455.2273(1), 476.064(4) FS. Law Implemented 455.227(1), (2), 455.2273(1), 476.204 FS. History–New 11-25-86, Amended 7-4-90, 12-23-90, Formerly 21C-21.001, Amended 10-30-95, 3-29-04, 11-26-09, 1-6-19.