Fla. Admin. Code R. 61-31.602

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

Section 61-31.602 - Disciplinary Guidelines

(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 455 or 468, Part XVI, F.S., the following Disciplinary Guidelines shall be followed. The identification of violations is 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 (This description is a general summary).	Penalty Range for First Violation.	Penalty Range for Subsequent Violation.
(a) Violation of: Section 468.842(1)(a) or 455.227(1)(q), F.S.	Violation of any provision of Chapter 468, Part XVI 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) Violation of: Section 468.842(1)(b) or 455.227(1)(h), 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) Violation of: Section 468.842(1)(c) or 455.227(1)(f), F.S.	Having a license to practice mold assessment or mold remediation 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) Violation of: Section 468.842(1)(d) or 455.227(1)(c), F.S.	Being convicted, found guilty, pleading nolo contendere to a crime, in any jurisdiction, that directly relates to the practice or ability to practice.	Fine up to $1,000; Plus Reprimand, Suspension, or Revocation.	Fine up to $5,000; Plus Revocation.
(e) Violation of: Section 468.842(1)(e) or 455.227(1)(l), F.S.	Making or filing a known false report, willfully failing to file a required record or report, 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) Violation of: Section 468.842(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) Violation of: Section 468.842(1)(g), F.S.	Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of mold assessment or remediation services.	Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.	Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.
(h) Violation of: Section 468.842(1)(h), F.S.	Failing to perform any statutory or legal obligation placed upon a licensed mold assessor or remediator; violating any provision of Chapter 468, Part XVI, F.S.; violating an order of the Department previously entered.	Fine up to $1,000; Plus Reprimand, Probation, or Suspension.	Fine up to $5,000; Plus Probation, Suspension, or Revocation.
(i) Violation of: Section 468.832(1)(i), F.S.	Practicing on a revoked, suspended, inactive or delinquent license.	Fine up to $1,000 + Costs; Plus Reprimand, Probation, Suspension, or Revocation.	Fine up to $5,000; Plus Probation, Suspension, or Revocation.
(j) Violation of: 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) Violation of: Section 455.227(1)(b), F.S.	Intentional violation of any administrative rule.	Fine up to $1,000; Plus Reprimand, Probation, Suspension.	Fine up to $5,000; Plus Suspension, Revocation.
(l) Violation of: Section 455.227(1)(g), F.S.	Having been found civilly liable for knowingly filing a false report or complaint against another licensee.	Fine up to $1,000; Plus Reprimand, or Probation.	Fine up to $5,000; Plus Suspension, or Revocation.
(m) Violation of: Section 455.227(1)(i), F.S.	Knowingly concealing information regarding violation of Chapter 468, Part XVI, F.S., or rules of the Department.	Fine up to $1,000; Plus Reprimand.	Fine up to $5,000; Plus Probation, Suspension, or Revocation.
(n) Violation of: Section 455.227(1)(j), F.S.	Aiding, assisting, procuring, employing or advising unlicensed person or entity to practice profession contrary to Chapter 468, Part XVI or Chapter 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.
(o) Violation of: Section 455.227(1)(k), F.S.	Failing to perform any statutory or legal obligation of licensee.	Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.	Fine up to $5,000; Plus Suspension, or Revocation.
(p) Violation of: Section 455.227(1)(n), F.S.	Exercise influence on client for improper financial gain of licensee or third party.	Fine up to $1,000; Plus Reprimand, Probation, Suspension, or Revocation.	Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.
(q) Violation of: Section 455.227(1)(o), F.S.	Practicing beyond the scope of license.	Fine up to $1,000; Plus Reprimand, Probation.	Fine up to $5,000; Plus Suspension.
(r) Violation of: Section 455.227(1)(p), F.S.	Accepting and performing or delegating responsibilities licensee knows or should know he or the delegee is not competent to perform.	Fine up to $1,000; Plus Reprimand, or Probation.	Fine up to $5,000; Plus Suspension, or Revocation.
(r) Violation of: Section 455.227(1)(r), F.S.	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.

(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 14 hours of continuning education courses.

(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 this or 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. 61-31.602

Rulemaking Authority 455.2035, 455.2273, 468.8424 FS. Law Implemented 455.227, 455.2273, 468.8419, 468.842 FS.

New 1-30-14.