Rule 61G6-10.002. Violations and Penalties

(1) In imposing disciplinary penalties upon licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty corresponding to the violations set forth below absent aggravating and mitigating circumstances and subject to the other provisions of Chapters 455 and 489, Part II, F.S.: The cited statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited following the violation description.

(2) The minimum penalty range is based upon a first time single count violation of each provision listed. The maximum penalty range is based upon repeated violations of the same provision of Chapters 455 and 489, Part II, F.S., or the rules promulgated thereto. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety and welfare. In addition to any other discipline imposed under these guidelines, the board may require restitution to a consumer and or assess costs relating to the investigation and prosecution of the case.

(3) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules: |VIOLATION |1st OFFENSE |2nd OFFENSE |3rd OFFENSE | |(a) Section 489.533(1)(a), F.S., failure |From reprimand and $500 to $1,000 |From reprimand and $1,000 to $2,500 |$2,500 to $5,000 fine and/or | |to comply with any provision of Chapter |fine, up to probation or denial. |fine up to suspension followed by |revocation. | |455, F.S.; Section 489.533(1)(o), F.S., | |probation, or revocation. | | |failing to materially comply with | | | | |provisions of Chapter 489, Part II, F.S., | | | | |or board rules; Section 455.227(1)(q), | | | | |F.S., violation of Chapters 455 and 489 | | | | |Part II, F.S., DBPR or Board rules, DBPR | | | | |or Board Order, or subpoena; Section | | | | |455.227(1)(b), F.S., intentionally | | | | |violating a rule of the board or | | | | |department. | | | | |(b) Section 489.533(1)(b), F.S., Section |Denial or revocation and $1,000 fine. |Revocation and $5,000 fine. |Section 489.533(1)(b), F.S. revocation| |455.227(1)(h), F.S., attempting to procure| | |and $10,000 fine. | |a license by bribery or fraudulent or | | | | |willful misrepresentations. | | | | |(c) Section 489.533(1)(c), F.S., (Section |Discipline comparable to that of the |Discipline comparable to that of the |Discipline comparable to that of the | |455.227(1)(f), F.S.), having a license to |other jurisdiction or discipline |other jurisdiction or discipline |other jurisdiction or discipline | |practice acted against by another |consistent with the same violation in |consistent with the same violation in|consistent with the same violation in | |jurisdiction. |Florida. |Florida. |Florida. | |(d) Section 489.533(1)(d), F.S., Section |Section 489.533(1)(d), F.S. From |Section 489.533(1)(d), F.S. From |Section 489.533(1)(d), F.S. From | |455.227(1)(c), F.S., being convicted of or|reprimand and/or $250 to $1,000 fine, |reprimand and a $1,000 to $5,000 fine|$5,000 to $10,000 fine and/or | |entering a plea to a crime related to the |up to probation or denial or |up to suspension followed by |revocation. | |practice. |revocation. |probation or revocation. | | |(e) Section 489.533(1)(e), F.S., Section |From reprimand and $250 to $1,000 |From $1,000 to $5,000 fine and |Section 489.533(1)(e), F.S.: From | |455.227(1)(l), F.S., making or filing a |fine, up to probation. |suspension followed by probation, or |$5,000 to $10,000 fine and/or | |false report. | |revocation. |revocation. | |(f) Section 489.533(1)(f), F.S., |From reprimand and $1,000 to $3,000 |From $5,000 to $10,000 fine and or |Revocation and/or $10,000 fine. | |committing fraud, negligence or |fine and or probation. |suspension followed by probation or | | |misconduct. | |revocation. | | |(g) Section 489.533(1)(g), F.S., violating|From $1,000 to $2,500 fine, up to |From $3,000 to $5,000 fine up to |Revocation and/or $10,000 fine. | |Chapter 633, F.S., or rules of State Fire |probation or denial. |suspension followed by probation or | | |Marshal. | |revocation. | | |(h) Section 489.533(1)(h), F.S., |Delinquent: $250 fine, and/or |Delinquent: From reprimand and $500 |Delinquent: $1,000 to $5,000 fine, | |practicing on revoked, suspended, inactive|probation or revocation. |to $1,000 fine, up to, suspension |and/or suspension or revocation. | |or delinquent license. |Inactive, Revoked or Suspended: From |followed by probation or revocation. |Inactive, Revoked or Suspended: | | |reprimand and $1,000 to $5,000 fine, |Inactive, Revoked or Suspended: From |$10,000 fine and/or revocation. | | |up to probation, or denial or |reprimand and $5,000 to $10,000 fine,| | | |revocation. |up to suspension followed by | | | | |probation or revocation. | | |(i) Section 489.533(1)(i), F.S., violating|From reprimand and $500 to $2,000 |From reprimand and $2,500 to $5,000 |$5,000 to $10,000 fine, and/or | |the applicable building codes or laws of |fine, up to probation or denial. |fine, up to suspension followed by |revocation. | |the state, municipality or county. | |probation. | | |(j) Section 489.533(1)(j), F.S., Section |From reprimand and $2,000 to $5,000 |$5,000 to $10,000 fine, and/or |From $10,000 fine and revocation. | |455.227(1)(j), F.S., assisting in |fine, up to suspension followed by |revocation. | | |unlicensed practice. Section |probation, or denial. | | | |489.533(1)(k), F.S., knowingly aiding | | | | |unlicensed practice by combining or | | | | |conspiring. | | | | |(k) Section 489.533(1)(l), F.S., acting in|From reprimand and $500 to $1,000 |From reprimand and $1,000 to $2,500 |$5,000 to $10,000 fine, up to | |a name not on the license or failure to |fine. |fine, up to probation. |suspension followed by probation or | |properly qualify a firm. | | |revocation. | |(l) Section 489.533(1)(m), F.S., financial|$1,000 to $2,500 fine, up to |From reprimand and $3,000 to $7,500 |$10,000 fine and suspension followed | |mismanagement or misconduct. |probation, or denial or revocation. |fine up to suspension followed by |by probation, or revocation. | | | |probation, or revocation. | | |(m) Section 489.533(1)(n), F.S., |Penalty for violation most closely |Penalty for violation most closely |Penalty for violation most closely | |discipline by municipality or county. |approximating act underlying local |approximating act underlying local |approximating act underlying local | | |discipline. |discipline. |discipline. | |(n) Section 489.533(1)(p), F.S., |From reprimand and $1,000 to $2,500 |From reprimand and $2,500 to $5,000 |$5,000 to $10,000 fine and/or | |abandoning a project. |fine, up to probation, or denial or |fine up to suspension followed by |revocation. | | |revocation. |probation or revocation. | | |(o) Section 489.533(1)(q), F.S., failing |From $100 to $250 fine. |From $250 to $400 fine. |From reprimand and $500 to $1,000 | |to affix a registration or certification | | |fine. | |number as required by Section 489.521(7), | | | | |F.S. | | | | |(p) Section 489.533(1)(r), F.S., |From $100 to $2,500 fine, up to |From $500 to $5,000 fine, up to |From $1,000 to $5,000 fine, up to | |proceeding on job without obtaining local |probation, suspension followed by |probation, suspension followed by |probation, suspension followed by | |building permits or inspections. |probation, or denial or revocation. |probation, or denial or revocation. |probation, or denial or revocation. | |(q) Section 489.533(1)(s), F.S., Section |Geographical: From $100 to $250 fine. |Geographical: From $1,500 to $2,500 |Geographical: From $2,500 to $5,000 | |455.227(1)(o), F.S., practicing beyond |Occupational: From $1,000 to $2,500 |fine, up to probation, suspension |fine, suspension followed by probation| |scope of license. |fine, up to suspension followed by |followed by probation, or denial or |up to revocation. | | |probation, or denial or revocation. |revocation. |Occupational: Section 489.533(1)(s), | | | |Occupational: From $2,500 to $5,000 |F.S. From $5,000 to $10,000 fine, up | | | |fine, up to suspension followed by |to suspension followed by probation, | | | |probation, or denial or revocation. |or denial or revocation. | | | | |Section 455.227(l)(o), F.S. From | | | | |$5,000 fine, up to suspension followed| | | | |by probation, or denial or revocation.| |(r) Section 455.227(1)(a), F.S., making |From reprimand and $1,000 to $5,000 |$5,000 fine and or suspension |Revocation and $5,000 fine. | |misleading, deceptive or fraudulent |fine and or probation or suspension |followed by probation or revocation. | | |representations in or related to the |followed by probation. | | | |practice. Section 455.227(1)(m), F.S., | | | | |making deceptive, untrue or fraudulent | | | | |representations or employing a trick or | | | | |scheme in practice of the profession. | | | | |(s) Section 455.227(1)(g), F.S., having |From $1,000 to $3,000 fine, up to |From reprimand and $2,500 to $5,000 |From $5,000 fine and suspension | |been found liable in civil court for |probation or denial. |fine up to suspension followed by |followed by probation or revocation. | |filing false report or complaint against | |probation. | | |another licensee. | | | | |(t) Section 455.227(1)(i), F.S., failing |From $500 fine, up to probation or |From reprimand and $750 to $1,500 |From $2,000 to $5,000 fine, up to | |to report to the Department any person in |denial. |fine, up to suspension followed by |suspension followed by probation or | |violation of Chapters 455, and 489, Part | |probation. |revocation. | |II, F.S., or Board rules. | | | | |(u) Section 455.227(1)(k), F.S., failure |From $1,000 to $2,500 fine, up to |From $2,500 to $5,000 fine, up to |From $5,000 fine, up to probation, | |to perform any statutory or legal |probation, suspension followed by |probation, suspension followed by |suspension followed by probation, or | |obligation. |probation, or denial or revocation. |probation, or denial or revocation. |denial or revocation. | |(z) Section 455.227(1)(n), F.S., |From reprimand and $500 to $2,500 |From $2,500 to $5,000 fine and |$5,000 fine and revocation. | |exercising influence on patient or client |fine, up to probation or suspension |probation, or suspension followed by | | |for gain of licensee or third party. |followed by probation. |probation, or denial or revocation. | | |(w) Section 455.227(1)(p), F.S., improper |From $250 to $1,000 fine, up to |From reprimand and $1,000 to $2,500 |From $2,500 to $5,000 fine, up to | |delegation of professional |probation or denial. |fine, up to suspension followed by |suspension followed by probation or | |responsibilities. | |probation. |revocation. | |(x) Section 455.227(1)(t), F.S., failing |From reprimand and $500 to $1,000 fine|From $2,000 to $5,000 fine up to |$5,000 fine and/or revocation. | |to report to Board, in writing, criminal |or denial. |suspension. | | |plea or conviction within 30 days. | | | | |(y) Section 455.227(1)(r), F.S., |From $1,000 to $5,000 fine, up to |From reprimand and $5,000 fine, up to|$5,000 fine and suspension, up to | |improperly interfering with an |probation or denial. |suspension followed by probation, or |revocation. | |investigation or inspection authorized by | |revocation. | | |statute, or with any disciplinary | | | | |proceeding. | | | | Rulemaking Authority 455.2273(1), 489.507(3) FS. Law Implemented 455.227, 455.2273, 489.533 FS. History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, 6-15-17, 4-9-24.