Fla. Admin. Code R. 61-30.602

Current through Reg. 51, No. 009; January 14, 2025

Section 61-30.602 - Disciplinary Guidelines

(1) Whenever the department finds a licensee in violation of a provision of chapter 455 or 468, part XV, F.S., the following Disciplinary Guidelines shall be followed. 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:

Statutory Violation	Description of Violation	Penalty Range for First Violation.	Penalty Range for Subsequent Violation.
(a) Section 468.832(1)(a), F.S.	Violation of any provision of Chapter 468, Part XV or Section 455.227(1), F.S.	Fine up to $1,000, plus reprimand, probation, or suspension.	Fine up to $5,000, plus probation, suspension, or revocation.
(b) Section 468.832(1)(b), F.S.	Attempting to procure a license by bribery or fraudulent misrepresentations.	Fine up to $1,000, plus reprimand, probation, suspension, revocation, or denial of license.	Fine up to $5,000, plus probation, suspension, revocation, or denial of license.
(c) Section 468.832(1)(c) or 455.227(1)(f), F.S.	Having a license to practice home inspection services revoked, suspended, denied or acted against in another state, territory or country.	Fine up to $1,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.
(d) Section 468.832(1)(d) or 455.227(1)(c), F.S.	Being convicted, found guilty, pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice or ability to practice home inspection services.	Fine up to $1,000, plus reprimand, suspension, or revocation.	Fine up to $5,000, plus revocation.
(e) Section 468.832(1)(e) or 455.227(1)(l), F.S.	Making or filing a report or record the licensee knows to be false, willfully failing to file a record or report required by state or federal law, willfully impeding or obstructing such filing.	Fine up to $1,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus revocation.
(f) Section 468.832(1)(f), F.S.	Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.	Fine up to $1,000, plus reprimand, probation, or suspension.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.
(g) Section 468.832(1)(g), F.S.	Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of home inspection services.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.
(h) Section 468.832(1)(h), F.S.	Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of Chapter 468, Part XV, F.S., a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.	Fine up to $1,000, plus reprimand, probation, or suspension.	Fine up to $5,000, plus probation, suspension, or revocation.
(i) Section 468.832(1)(i), F.S.	Practicing on a revoked, suspended, inactive or delinquent license.	Fine up to $1,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus probation, suspension, or revocation.
(j) Section 455.227(1)(a), F.S.	Making false, fraudulent, deceptive or misleading representations in or related to the practice of the licensee's profession.	Fine up to $1,000, plus reprimand, probation, or suspension.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.
(k) Section 455.227(1)(b), F.S.	Intentionally violating any rule adopted by the department.	Fine up to $1,000, plus reprimand, probation, or suspension.	Fine up to $5,000, plus suspension, or revocation.
(l) Section 455.227(1)(g), F.S.	Having been found civilly liable for knowingly filing a false report or complaint with the department against another licensee.	Fine up to $1,000, plus reprimand, or probation.	Fine up to $5,000, plus suspension, or revocation.
(m) Section 455.227(1)(h), F.S.	Attempting to obtain, obtaining or renewing a license to practice by bribery or fraudulent misrepresentation or through an error of the department.	Fine up to $1,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus probation, suspension, or revocation.
(n) Section 455.227(1)(i), F.S.	Failing to report to the department any person who the licensee knows is in violation of Chapter 455, F.S., the chapter regulating the alleged violator, or the rules of the department.	Fine up to $1,000, plus reprimand.	Fine up to $5,000, plus probation, suspension, or revocation.
(o) Section 455.227(1)(j), F.S.	Aiding, assisting, procuring, employing or advising an unlicensed person or entity to practice profession contrary to Chapter 468, Part XV, or 455, F.S., or rules of the department.	Fine up to $1,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus suspension, or revocation.
(p) Section 455.227(1)(k), F.S.	Failing to perform any statutory or legal obligation placed upon a licensee.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus suspension, or revocation.
(q) Section 455.227(1)(m), F.S.	Making deceptive, untrue or fraudulent representations in or related to the practice of the licensee's profession.	Fine up to $1,000, plus reprimand, suspension, or revocation.	Fine up to $5,000, plus revocation, or denial of license.
(r) Section 455.227(1)(n), F.S.	Exercising influence on client for improper financial gain of the licensee or a third party.	Fine up to $1,000, plus reprimand, probation, suspension, or revocation.	Fine up to $5,000, plus reprimand, probation, suspension, or revocation.
(s) Section 455.227(1)(o), F.S.	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.	Fine up to $1,000, plus reprimand, or probation.	Fine up to $5,000, plus suspension.
(t) Section 455.227(1)(p), F.S.	Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance knows or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.	Fine up to $1,000, plus reprimand, or probation.	Fine up to $5,000, plus suspension, or revocation.
(u) Section 455.227(1)(q), F.S.	Violating any provision of Chapter 468, Part XV, or 455, F.S., rules of the department or any lawful order of the department.	Fine up to $1,000, plus reprimand, or probation.	Fine up to $2,500, plus probation, or suspension.
(v) Section 455.227(1)(r), F.S.	Improperly interfering with an investigation, inspection or disciplinary proceeding.	Fine up to $1,000, plus reprimand, probation, suspension, or denial of licensure.	Fine up to $1,000, plus suspension, revocation, or denial of licensure.
(w) Section 455.227(1)(t), F.S.	Failing to report in writing to the department within 30 days after the licensee is convicted of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.	Fine up to $1,000, plus reprimand, suspension, or revocation.	Fine up to $5,000, plus revocation.

(2) Additional Conditions which may be imposed through a final order:

(a) Licensee is placed on probation for a period of time as determined by the department;

(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation, the license will be suspended until the licensee is compliant;

(c) The licensee shall demonstrate compliance with all the conditions of the Final Order, prior to the lifting of probation;

(d) Licensee shall complete additional continuing education courses of a specified type, as set forth by the Final Order, not to exceed more than 24 hours of continuing education courses;

(e) Licensee shall, as specified in the Final Order, provide quarterly reports setting forth the number and type of home inspections conducted, provide copies of completed home inspection reports, and any other documentation determined by the Department to be necessary for the monitoring of the licensee.

(3) Aggravating/Mitigating Circumstances: The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence.

(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. History of previous violations of the practice act or the rules promulgated thereunder;

2. The magnitude and scope of the project and the damage inflicted upon the public;

3. Evidence of violations of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority;

4. Failure to attempt to correct the violation by the licensee;

5. Any other relevant aggravating circumstances.

(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted;

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;

3. Restitution of any damages suffered by the licensee's client;

4. Remedial steps taken by the licensee to avoid similar violations in the future;

5. Attempts by the licensee to correct the violation;

6. Any other relevant mitigating circumstances.

Fla. Admin. Code Ann. R. 61-30.602

Rulemaking Authority 455.2035, 455.227(3), 455.2273, 468.8325 FS. Law Implemented 455.227, 455.2273, 468.832, 468.8319 FS.

New 10-22-13.