Business & Professional Regulation › Board of Professional Surveyors and Mappers › Chapter 61G7-7 · Discipline

Rule 61G7-7.001. Disciplinary Guidelines; Range of Penalties

Amended January 22, 2019 (current)

(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 455, F.S., Chapter 468, Part XI, F.S., or the rules promulgated thereto. The violations as set forth below are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of the particular provisions identified in subsection (2).

(a) The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations and other unrelated violations contained in the same administrative complaint will compound the listed penalties. All penalties at the upper range of the sanctions include lesser penalties, which may be included in the final penalty at the Board’s discretion.

(b) Probationary terms include, as applicable, a review of the licensee’s practice by a representative of the Department or Board, with the licensee assuming the cost of the review. In all cases of probation or suspension, a report showing compliance with the terms of the final order must be received and accepted by the Board prior to the termination of the probation or suspension. Other specific terms of probation or suspension shall be imposed, as necessary, by the Board.

(3) The Board shall be entitled to deviate from the above-mentioned guidelines, up to the limits provided in Section 455.227(2)(d), F.S., upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final penalty.

(a) Aggravating circumstances are those which justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines, and are as follows:

1. History of previous violations of Chapter 455, F.S., the Practice Act, or the rules promulgated thereto.

2. Evidence of violation of professional Practice Acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.

3. Degree of public harm.

(b) Mitigating circumstances are those which justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty below the minimum level of discipline in the guidelines, and are as follows:

1. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.

2. Voluntary restitution of any damages suffered by the licensee’s client.

3. The licensee’s professional standing among peers.

4. Steps taken by the licensee or the licensee’s company to ensure the non-occurrence of similar violations in the future.

5. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.

6. Cooperation and timely communication with the Department of Business and Professional Regulation and the Board.

7. The licensee’s full understanding and admission of the violation. Rulemaking Authority 455.2273, 468.522, 468.532(4) FS. Law Implemented 455.227, 455.2273, 468.525, 468.526, 468.529, 468.530, 468.531, 468.532 FS. History–New 5-20-93, Formerly 21EE-7.001, Amended 5-29-94, 12-19-94, 11-9-95, 6-23-04, 1-22-19.