Fla. Admin. Code R. 5J-17.011

Current through Reg. 50, No. 253; December 31, 2024

Section 5J-17.011 - Disciplinary Guidelines

(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners and applicants for licensure guilty of violating Chapter 472, F.S. The purpose of the disciplinary guidelines is to give notice to licensees and applicants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 472, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 472, F.S., or the rules promulgated thereto, or other unrelated violations will be grounds for enhancement of penalties as outlined below. All penalties set forth in the guidelines include lesser penalties, i.e., reprimand and or course work which may be included in the final penalty at the Board's discretion.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 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 are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

(a) Violation of any provision of Section 472.031, F.S.;

(Section 472.0351(1)(a), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $250 fine.	Denial or probation and $500.00 fine.
SECOND OFFENSE	Probation and $500 fine.	Denial or suspension followed by a term of probation and $750.00 fine.
THIRD OFFENSE	Suspension followed by a term of probation and $750.00 fine.	Revocation and $1,000.00 fine.

(b) Attempting to obtain, obtaining, or renewing a license to practice surveying and mapping by bribery or by fraudulent misrepresentation;

(Section 472.0351(1)(b), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $250.00 fine.	Denial or suspension followed by a term of probation and $750.00 fine.
SECOND OFFENSE	denial or suspension followed by a term of probation and $750.00 fine.	Revocation and $1,000.00 fine.

(c) Having a license to practice surveying and mapping revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country;

(Section 472.0351 (1)(c), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100.00 fine and same penalty imposed by the other jurisdiction.	Denial of licensure or $250.00 fine and suspension followed by probation.
SECOND OFFENSE	$250.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of probation.	Denial of licensure or $500 fine and revocation.
THIRD OFFENSE	$500.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of suspension.	Denial of licensure or $750 fine and permanent revocation.

(d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of surveying and mapping or the ability to practice surveying and mapping;

(Section 472.0351 (1)(d), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine.	Denial of licensure or $500.00 fine and suspension to be followed by a term of probation.
SECOND OFFENSE	$500.00 fine and probation.	Denial of licensure or $1,000.00 fine and revocation.

(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a registered surveyor and mapper;

(Section 472.0351(1)(e), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine.	$500.00 fine and suspension to be followed by probation.
SECOND OFFENSE	$500.00 fine and probation.	$750.00 fine and suspension to be followed by probation.
THIRD OFFENSE	$750.00 fine and suspension to be followed by probation.	$1,000.00 fine and revocation.

(f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content;

(Section 472.0351 (1)(f), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine.	$500.00 fine and probation.
SECOND OFFENSE	$500.00 fine.	$750.00 fine and suspension to be followed by probation.
THIRD OFFENSE	$750.00 fine and probation.	$1,000.00 fine and suspension to be followed by probation.

(g) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice of surveying and mapping;

(Section 472.0351 (1)(g), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine and probation.	$750.00 fine and suspension to be followed by a term of probation.
SECOND OFFENSE	$750.00 fine and suspension to be followed by a term of probation.	$1,000.00 fine and revocation.

(h) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provision of this chapter, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department;

(Section 472.0351(1)(h), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine, probation, and compliance with legal obligation.	$500.00 fine and probation or suspension.
SECOND OFFENSE	$500.00 fine and probation or suspension until compliance with legal obligation.	$750.00 fine and probation or suspension plus extended probation.
THIRD OFFENSE	$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.	$1,000.00 fine and revocation.

(i) Practicing on a revoked, suspended, inactive, or delinquent license;

(Section 472.0351(1)(i), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000.00 fine and probation.	$1,000.00 fine, denial or suspension followed by probation or if already suspended an extended suspension followed by probation.
SECOND OFFENSE	$1,000.00 fine, denial or suspension followed by probation or if already suspended an extended suspension followed by probation.	$1,000.00 fine and revocation.

(j) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee;

(Section 472.0351(1)(j), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine.	Denial of licensure or $500.00 fine and suspension to be followed by a term of probation.
SECOND OFFENSE	$500.00 fine and probation.	Denial of licensure or $1,000.00 fine and revocation.

(k) Failing to report to the department any person who the the licensee knows is in violation of this chapter or the rules of the department or the board;

(Section 472.0351(1)(k), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine and compliance with rule.	$500.00 fine and suspension.
SECOND OFFENSE	$500.00 fine and suspension until compliance with rule.	$750.00 fine and suspension followed by probation.
THIRD OFFENSE	$750.00 fine and suspension until compliance with rule followed by probation.	$1,000.00 fine and revocation

(l) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board;

(Section 472.0351(1)(l), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100.00 fine and same penalty imposed by the other jurisdiction.	Denial of licensure or $250.00 fine and suspension followed by probation.
SECOND OFFENSE	$250.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of probation.	Denial of licensure or $500.00 fine and revocation.
THIRD OFFENSE	$500.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of suspension.	Denial of licensure or $750.00 fine and permanent revocation.

(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of the professional surveying or mapping or employing a trick or scheme in or related to the practice of professional surveying or mapping;

(Section 472.0351(1)(m), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500.00 fine and probation.	$750.00 fine, denial or suspension to be followed by a term of probation.
SECOND OFFENSE	$750.00 fine, denial or suspension to be followed by a term of probation.	$1,000.00 fine and denial or revocation.

(n) Exercising influence on the client for the purpose of financial gain of the licensee or a third party;

(Section 472.0351(1)(n), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100.00 fine.	$250.00 fine and probation.
SECOND OFFENSE	$250.00 fine.	$500.00 fine and suspension to be followed by a term of probation.
THIRD OFFENSE	$500.00 fine and probation.	$750.00 fine and suspension to be followed by a term of probation

(o) Practicing or offering to practice 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;

(Section 472.0351(1)(o), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine	Denial of licensure or $500.00 fine and suspension to be followed by a term of probation.
SECOND OFFENSE	$500.00 fine and probation	Denial of licensure or $1,000.00 fine and revocation.

(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them;

(Section 472.0351(1)(p), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine.	$500.00 fine and suspension to be followed by probation.
SECOND OFFENSE	$500.00 fine and probation.	$750.00 fine and suspension to be followed by probation.
THIRD OFFENSE	$750.00 fine and suspension to be followed by probation.	$1,000.00 fine and revocation.

(q) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding;

(Section 472.0351(1)(q), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine and probation.	$500.00 fine and denial or suspension followed by probation.
SECOND OFFENSE	$750.00 fine and probation.	$1,000.00 fine and denial or permanent revocation.

(r) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper pursuant to Chapter 177, F.S.

(Chapter 177 F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250.00 fine, probation, and compliance with legal obligation.	$500.00 fine and probation or suspension until compliance with legal obligation.
SECOND OFFENSE	$500.00 fine and probation or suspension until compliance with legal obligation.	$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.
THIRD OFFENSE	$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.	$1,000.00 fine and revocation.

(3) When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the board, the board shall be entitled to deviate from the above guidelines in imposing discipline upon an applicant or licensee. Absence of any such evidence of aggravating or mitigating circumstances before the administrative law judge prior to the issuance of a recommended order shall not relieve the board of its duty to consider evidence of mitigating or aggravating circumstances. The Board shall consider as mitigating or aggravating circumstances the following:

(a) The degree of harm to the consumer or public;

(b) The number of counts in the administrative complaint;

(c) The disciplinary history of the applicant or licensee;

(d) The status of the applicant or licensee at the time the offense was committed;

(e) The degree of financial hardship incurred by a licensee as a result of the imposition of the fines or suspension of his practice;

(f) The length of time the licensee has practiced;

(g) The deterrent effect of the discipline imposed;

(h) Any efforts at rehabilitation;

(i) Actual knowledge of the licensee pertaining to the violation; and,

(j) Any other mitigating or aggravating circumstances.

Fla. Admin. Code Ann. R. 5J-17.011

Rulemaking Authority 472.008 FS. Law Implemented 472.031, 472.0351 FS.

New 3-13-03, Amended 3-17-04, 9-19-06, Formerly 61G 17-2.0015, Amended by Florida Register Volume 43, Number 211, October 31, 2017 effective 11/13/2017, Amended by Florida Register Volume 44, Number 129, July 3, 2018 effective 7/15/2018.

New 3-13-03, Amended 3-17-04, 9-19-06, Formerly 61G17-2.0015, Amended 11-13-17, 7-15-18.