Section 61-32.003 - Issuance of Citations for Unlicensed Practice of a Profession(1) Notwithstanding citation rules adopted under applicable practice acts pursuant to Section 455.224, F.S., citations imposing a designated fine may be issued to persons or businesses not licensed by the Department for the violations listed below when there is evidence of consumer harm in the amount of $10,000.00 or less.(2) The Department may issue citations in lieu of administrative complaints for the unlicensed practice of a profession, and impose the following penalties: (a) Advertising or otherwise holding ones self out as available to practice a profession, provide a service, or engage in an activity that requires licensure by the Department. CITATION PENALTY: A fine of $1,000, and costs of the investigation.(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in a practice, that requires licensure by the Department. CITATION PENALTY: A fine of $2,500, and costs of the investigation.(3) Citations for the unlicensed practice of a profession shall be either personally-served or served by certified mail, restricted delivery, and may include, but is not limited to, the following information if available: (a) Subject's full name, age and date of birth.(b) Subject's driver's license number, or any other identifying information.(c) Subject's last known address.(d) A brief factual statement of the activity engaged in, the sections of law allegedly violated, and the penalty imposed.(e) A statement that, in lieu of accepting and paying the citation, the subject may choose to proceed in accordance with Section 455.225, F.S.(4) If the subject does not dispute the citation within 30 days after the citation is served, the citation will become a final order of the Department.(5) Payment of an undisputed citation is due within 30 days after the citation has become a final order.(6) Citations which have become final orders pursuant to Section 455.228, F.S., will be used in any subsequent proceedings as evidence of a prior violation of that statute or rule.(7) Citations which have become final orders pursuant to Section 455.228 F.S., shall be forwarded to the proper prosecuting authority in accordance with Section 455.2277, F.S.Fla. Admin. Code Ann. R. 61-32.003
Rulemaking Authority 455.228(3) FS. Law Implemented 455.228 FS.
New 8-15-05, Amended 1-5-11, Amended by Florida Register Volume 49, Number 124, June 27, 2023 effective 7/13/2023.New 8-15-05, Amended 1-5-11, 7-13-23.