Rule 61G5-30.001. Disciplinary Guidelines

(1) The Board shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The Board shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the Board finds one or more aggravating or mitigating circumstances, in which case the Board may deviate from the guideline penalty. A penalty shall be imposed for each separate violation and/or offense. The penalty range indicated is for a single offense. A second or subsequent offense refers to a violation in which prior action has been taken by the Department either in the form of a citation, as set forth in Section 455.224, F.S., and Rule 61G5-30.004, F.A.C., or as prior discipline before the Board. Refer to the statutory and rule citations for a full description of each violation. |(2) VIOLATION |PENALTY RANGE | | |For first and subsequent offenses unless otherwise indicated. | |(a) A person without an active license or registration who |1. For a person who was never licensed or otherwise authorized to practice, or whose license or | |engages in the practice of, or holds oneself out to practice,|registration has been revoked, a fine of $500. | |cosmetology or a specialty. | | |(Section 477.0265(1)(a) or 477.029(1)(a), F.S.) |2. For a licensee or registrant who fails to properly renew and continues to provide services, a | | |fine of $100 for every month or partial month during which the individual was delinquent, | | |unlicensed, or unregistered, up to a maximum of $500. A second delinquent offense shall include | | |suspension for 60 days upon renewal, and a third offense shall include suspension for 90 days | | |upon renewal, revocation, or denial of license. | | | | | |3. For a person who provides services with a suspended license or registration, a fine of $500. A| | |second offense shall include a consecutive suspension for up to 90 days. A third offense shall | | |include a consecutive suspension for up to one year and/or revocation. | |(b) Operating an unlicensed salon or a salon otherwise not |1. For a salon that has never been licensed, or for which the salon license has been suspended or| |duly licensed; salon operating without a license. |revoked, a fine of $500. | |(Section 477.0265(1)(b)1., 477.029(1)(b), or 477.025(1), | | |F.S.) |2. For a salon in which the license which has become delinquent, a fine of $100 for every month | | |or partial month of delinquency during which the salon has operated, up to a maximum of $500. | | | | | |3. For a salon operating on a suspended license, a fine of $500 and/or a consecutive suspension | | |for up to 60 days. A second or subsequent violation shall include suspension for up to one year | | |or revocation. | | | | | |4. For a salon operating on a revoked license: A fine of $500 and/or refusal to certify to the | | |department an application for licensure. | |(c) A licensed salon or a person operating a salon that |1. For a violation involving a person providing services who was never licensed or registered in | |permits a person without a license or registration, unless |Florida, or whose license or registration has been suspended or revoked, a fine of $500. The | |exempt, to perform cosmetology or specialty services in the |second and subsequent offenses shall include salon suspension for up to 60 days or revocation. | |salon. | | |(Section 477.0265(1)(b)2., F.S., or Rule 61G5-20.001, F.A.C.)|2. For a violation involving a person providing services who failed to properly renew or whose | | |exemption has terminated, a fine of $100 for every month or partial month during which the | | |violation took place, up to a maximum of $500. | |(d) A salon that permits an employee without a valid, active |1. For employing a person who was never licensed or registered in Florida, whose license is | |license or registration to practice cosmetology or a |suspended or revoked, or who is not exempt, a fine of $500. A second offense shall include | |specialty. |suspension for up to 60 days. A third offense shall include suspension for up to one year or | |(Section 477.0265(1)(c) or 477.029(1)(c), F.S.) |revocation. | | | | | |2. For employing a person who failed to properly renew or whose exemption has terminated, a fine | | |of $100 for every month or partial month during which the person was employed, up to a maximum of| | |$500. A second offense shall include suspension for up to 60 days. A third offense shall include | | |suspension for up to one year or revocation. | |(e) A person or salon who obtains or attempts to obtain a |A fine of $500 and revocation of, or refusal to certify to the department an application for, a | |license or registration for money, other than the required |salon or cosmetology license or specialty registration. | |fee, or any other thing of value or by fraud, fraudulent | | |misrepresentation, or the use of false or forged information.| | |(Section 477.0265(1)(d), 477.028(1), 477.028(2), or | | |477.029(1)(e), F.S.) | | |(f) A person who uses or attempts to use a suspended or |1. Suspended license: A fine of $500 and/or a consecutive suspension for up to one additional | |revoked cosmetology license or specialty registration to |year of a cosmetology license or specialty registration, and/or revocation for a third or | |practice cosmetology or a specialty. |subsequent offense. | |(Section 477.0265(1)(e) or 477.029(1)(g), F.S.) | | | |2. Revoked license: A fine of $500 and/or refusal to certify to the department an application for| | |licensure to practice the same profession. | |(g) A person who advertises or implies that skin care |A fine of $250 for the first offense; a fine of $500 for subsequent offenses. | |services are related to massage therapy, except as allowed by| | |statute. | | |(Section 477.0265(1)(f), F.S.) | | |(h) Use or possess a product containing a liquid nail monomer|1. A fine of $500 for the first salon offense and reinspection of the premises within two weeks | |containing any trace of methyl methacrylate (MMA). |of the issuance of the Final Order. | |(Section 477.0265(1)(g), F.S.) |For a second salon offenses, a fine of $500 and suspension for up to 60 days with a reinspection | | |of the premises prior to reinstatement of the license. For a third or subsequent salon offense, a| | |fine of $500 and suspension for up to 90 days with a reinspection of the premises prior to | | |reinstatement of the license, and/or revocation. | | | | | |2. A fine of $500 for an individual offense. | |(i) Violate or refuse to comply with an Order of the Board or|A fine of $500 and compliance within 30 days or within a time set by the Board. | |the Department. | | |(Section 477.029(1)(i), F.S.) | | |(j) A person or salon guilty of fraud, deceit, gross |1. For Fraud or Deceit – | |negligence, incompetency, or misconduct in the practice or |A fine of $500 and suspension for up to two years and/or revocation of the salon or cosmetology | |instruction of cosmetology or a specialty, or in operation of|license or specialty registration, or refusal to certify to the department an application for | |the salon. |licensure to practice the same profession. | |(Section 477.028(1)(b) or 477.028(2)(b), F.S.) | | | |2. For Gross Negligence – | | |A fine of $500 and suspension followed by supervised probation as determined by the Board, or | | |revocation of the salon or cosmetology license, or specialty registration, or refusal to certify | | |to the department an application for licensure to practice the same profession. | | | | | |3. For Incompetency or Misconduct – | | |For the first offense, a fine of $250 to $500 for the holder of a cosmetology license or | | |specialty registration, and/or the owner of the salon, and the Board shall specify up to 6 hours | | |of continuing education in addition to any other continuing education requirement. | | |For subsequent offenses, a fine of $500 and suspension or revocation and/or refusal to certify to| | |the department an application for licensure to practice the same profession. | |(k) A cosmetology or salon license or specialty registration |A fine of $500 for the first offense. A fine of $500 and/or suspension for up to one year or | |holder is guilty of aiding, assisting, procuring, or advising|revocation of salon license, cosmetology license, or specialty registration for a subsequent | |any unlicensed person to practice as a cosmetologist. |offense. | |(Section 477.028(1)(c), F.S.) | | |(l) Person who presents the license of another as his or her |A fine of $500 and a reprimand for the first offense. A fine of $500 for subsequent offenses | |own license. |and/or suspension or revocation, or refusal to certify to the department an application for | |(Section 477.029(1)(d), F.S.) |licensure. | |(m) A person who impersonates any other licenseholder of like|A fine of $500 and a six month suspension of any other license or registration held pursuant to | |or different name. |Chapter 477, F.S., and/or refusal to certify to the department an application for licensure to | |(Section 477.029(1)(f), F.S.) |practice the same profession. | |(n) Failure to meet or maintain salon facility safety, |A fine of $100 to $500 and compliance within 60 days with reinspection; suspension of salon | |sanitary, building code, or fire code requirements. |license upon failure to timely comply with facility requirements. | |(Paragraphs 61G5-20.002(2)(c), (d), F.A.C.) | | |(o) Failure to meet minimum salon requirements for |A fine of $100 per violation for up to three violations. A fine of $500 for four or more | |cleanliness, disinfection procedures, and log book. |violations and suspension of the license pending successful reinspection prior to reinstatement | |(Subsections 61G5-20.002(3), (6) F.A.C.) |of the license. | |(p) Salon operated in the same licensed space allocation with|Suspension of salon license until compliant as evidenced by successful reinspection prior to | |any other business; lack of permanent wall separating salon. |reinstatement of the license. | |(Subsection 61G5-20.002(4), F.A.C.) | | |(q) Failure of a full or specialty salon to provide adequate |A fine of $100 for each individual noncompliant service area up to a maximum of $500 per | |floor space for services. |inspection, with reinspection in two weeks; suspension until compliant after reinspection if not | |(Subsection 61G5-20.002(5), F.A.C.) |timely compliant. | |(r) Person or salon violation of required display of |A fine of $100 for each violation for the first offense; for subsequent offenses, a fine of $250 | |licenses, inspection sheets, and/or consumer notices. |for each violation up to a maximum of $500. | |(Rule 61G5-20.004, F.A.C.) | | |(s) Practicing beyond the scope of a cosmetology license or |A fine of $500 and/or suspension for up to six months for the first offense. For the second | |specialty registration as set forth in Chapter 477, F.S. or |offense, a fine of $500 and/or suspension for up to one year. For a third or subsequent offense, | |the rules adopted thereto. |a fine of $500 and suspension for one year and/or revocation of the license or registration under| |(Section 455.227(1)(o), F.S.) |which the violation occurred. | |(t) Being convicted or found guilty of, or entering a plea of|A fine of $500 and/or revocation for the first or second offense. For a subsequent offense, a | |guilty or nolo contendere to, regardless of adjudication, a |fine of $500 and/or suspension for up to six months of a salon or cosmetology license or | |crime in any jurisdiction which relates to the practice of, |specialist registration and/or revocation. | |or the ability to practice, a licensee’s profession. | | |(Section 455.227(1)(c), F.S.) | | |(u) Failing to report in writing to the board within 30 days |A fine of $100 for the first offense. For a second failure to report, a fine of $300. A fine of | |after the licensee is convicted or found guilty of, or |$500 for each subsequent failure to report. | |entered a plea of nolo contendere or guilty to, regardless of| | |adjudication, a crime in any jurisdiction. | | |(Section 455.227(1)(t), F.S.) | | |(v) Failing to report to the department any person who the |A fine of $500 for the first failure to report. For a second or subsequent failure to report, a | |licensee knows is in violation of the laws and rules of the |fine of $500 and/or suspension of a salon, cosmetology, or specialist license or registration for| |department or the board. |up to six months. | |(Section 455.227(1)(i), F.S.) | | |(w) Improperly interfering with an investigation or |A fine of $500 and/or suspension for up to six months for the first or second offense. For | |inspection authorized by statute, or with any disciplinary |subsequent offenses including up to revocation. | |proceeding. | | |(Section 455.227(1)(r), F.S.) | | |(x) Violate or refuse to comply with any provision of Chapter|A fine of $500 and/or suspension, revocation, or refusal to certify to the department for | |455, F.S., except as otherwise provided herein. |licensure. | |(Section 477.029(1)(i), F.S.) | | |(y) Violate or refuse to comply with any provision of Chapter|A fine of $300 for the first violation. A fine of $500 and/or suspension for up to 30 days for | |477, F.S., or a rule of the Board except as otherwise |any subsequent violation. A fine of $500 and/or suspension or revocation of license or | |provided herein. |registration for a third or subsequent violation. | |(Section 477.029(1)(i), F.S.) | |

(3) Based upon consideration of the following factors, the Board may impose disciplinary action other than the penalties recommended above:

(a) The danger to the public;

(b) The length of time since date of violation;

(c) The number of prior complaints filed against the licensee;

(d) The length of time licensee or registrant has practiced;

(e) The actual damage, physical or otherwise, caused by the violation;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the licensee’s or registrant’s livelihood;

(h) Any efforts for rehabilitation;

(i) The actual knowledge of the licensee or registrant pertaining to the violation;

(j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations;

(k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served;

(l) Actual negligence of the licensee or registrant pertaining to any violations;

(m) Penalties imposed for related offenses under subsection (2), above;

(4) Penalties imposed by the Board pursuant to Rule 61G5-30.001, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below:

(a) Issuance of a reprimand or censure.

(b) Imposition of an administrative fine not to exceed $500 for each count or separate offense.

(c) Placement on probation for a period of time and subject to such reasonable conditions as the Board may specify.

(d) Revocation or suspension of any license or registration issued pursuant to Chapter 477, F.S.

(e) Refusal to certify to the Department an applicant for licensure or registration.

(5) The provisions of subsections (1) through (5), above, shall not be construed so as to prohibit civil action or criminal prosecution as provided for in Section 477.0265(2) or 477.031, F.S., and the provisions of subsections (1) through (5), above, shall not be construed so as to limit the ability of the Board to enter into binding stipulations with accused parties as per Section 120.57(3), F.S.

(6) In every case the Board imposes a monetary fine and/or assesses costs, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the Board’s final order in accordance with Rule 61G5-17.016, F.A.C. If the fine and costs are paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted. Rulemaking Authority 455.2273, 477.016 FS. Law Implemented 455.227, 455.2273, 477.013, 477.025, 477.0265, 477.028, 477.029 FS. History–New 10-20-86, Amended 10-18-87, 1-10-90, 1-30-92, 4-15-93, Formerly 21F-30.001, Amended 4-23-02, 5-29-06, 7-18-13, 11-22-20, 2-1-22, Technical Change 2-6-26.