Fla. Admin. Code R. 61E1-6.001

Current through Reg. 50, No. 177; September 10, 2024

Section 61E1-6.001 - Disciplinary Guidelines

(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 469 or 455, F.S., the following Disciplinary Guidelines shall be followed. Penalties imposed by the Department pursuant to Chapter 61E1-6, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below. 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 Any Subsequent

Violations.

(a) Violation of:

Section 469.009(1)(a), F.S.

Willfully or deliberately

disregarding or violating health

and safety standards, Florida

Statutes or rules promulgated

thereunder, or any ordinance.

Fine of $1,000 up to $2,500,

Censure, Investigative/

Prosecution Costs,

Reprimand, Probation,

Suspension, Revocation,

Deny Issuance/Renewal License.

Fine of $2,500 up to $5,000 and

Probation, Suspension, Revocation;

Investigative/Prosecution Costs,

Deny Issuance/Renewal License.

(b) Violation of:

Section 469.009(1)(b), F.S.

Violating any provision of

Chapter 455, F.S.

Fine of $500 up to $2,500,

Censure, Investigative/

Prosecution Costs, Reprimand,

Continuing Education, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

Fine of $2,500 up to $5,000,

Investigative/Prosecution Costs,

Continuing Education, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

Section 469.009(1)(c), F.S.

Failing in any material respect

to comply with the provisions

of this chapter or any rule

promulgated hereunder.

Fine of $500 up to $1,000,

Censure, Investigative/

Prosecution Costs, Reprimand,

Continuing Education, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

Fine of $1,000 up to $5,000,

Investigative/Prosecution Costs,

Continuing Education, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

(d) Violation of:

Section 469.009(1)(d), F.S.

Acting in the capacity of an

asbestos contractor or asbestos

consultant under any license

issued under this chapter except

in the name of the licensee as

set forth on the issued license.

Fine of $500 up to $1,000,

Investigative/Prosecution Costs,

Probation, Suspension, Deny

Issuance License/Renewal

License.

Fine of $1,000 up to $5,000,

Investigative/Prosecution Costs,

Probation, Suspension, Revocation,

Deny Issuance/Renewal License.

(e) Violation of:

Section 469.009(1)(e), F.S.

Proceeding on any job without

obtaining all applicable

approvals authorizations,

permits, and inspections.

Fine of $500 up to $1,000,

Censure, Investigative/

Prosecution Costs, Reprimand,

Continuing Education, Probation,

Suspension.

Fine of $1,000 up to $5,000,

Investigative/Prosecution Costs,

Continuing Education, Probation,

Suspension, Revocation.

(f) Violation of:

Section 469.009(1)(f), or

455.227(1)(h), F.S.

Obtaining a license by fraud

or misrepresentation.

Fine of $500 to $2,500,

Investigative/Prosecution Costs,

Reprimand, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

Fine of $2,500 up to $5,000,

Investigative/Prosecution Costs,

Probation, Suspension, Revocation,

Deny Issuance/Renewal License.

(g) Violation of:

Section 469.009(1)(g), 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 of $500 up to $1,000,

Investigative/Prosecution Costs,

Censure, Reprimand, Suspension,

Revocation.

Fine of $1,000 up to $5,000,

Investigative/Prosecution Costs,

Suspension, Revocation.

(h) Violation of:

Section 469.009(1)(h), F.S.

Knowingly violating any

building code, lifesafety code,

or county or municipal

ordinance relating to the

practice of asbestos consulting

or contracting.

Fine of $500 up to $1,000,

Investigative/Prosecution Costs,

Censure, Reprimand, Continuing

Education, Probation, Suspension,

Revocation.

Fine of $2,500 up to $5,000,

Investigative/Prosecution Costs,

Continuing Education, Suspension,

Revocation.

(i) Violation of:

Section

469.009(1)(i), F.S.

Performing an act assisting a

person or entity in the

unlicensed practice of asbestos

consulting or contracting, if the

licensee knows or has reason to

know the person or entity was

unlicensed.

Fine of $500 up to $1,000,

Investigative/Prosecution Costs,

Censure, Reprimand, Continuing

Education, Probation, Suspension,

Revocation.

Fine of $1,000 up to $5,000 and

Probation, Suspension, Revocation;

Investigative/Prosecution Costs,

Continuing Education, Deny

Issuance/Renewal License.

(j) Violation of:

Section

469.009(1)(j), F.S.

Committing mismanagement or

misconduct in the practice of

contracting causing financial

harm to a customer.

Fine of $1,000 up to $2,500,

Investigative/Prosecution Costs,

Censure, Reprimand, Restitution,

Suspension, Probation, Continuing

Education, Deny Issuance/

Renewal License.

Fine of $2,500 up to $5,000 and

Probation, Suspension, Revocation;

Investigative/Prosecution Costs,

Restitution, Continuing Education,

Deny Issuance/Renewal License.

(k) Violation of:

Section 469.009(1)(k), or

455.227(1)(f), F.S.

Being disciplined by any

municipality or county for an act

or violation of this chapter.

Fine of $500 up to $1,000,

Censure, Reprimand, Probation,

Suspension, Revocation.

Fine of $1,000 up to $5,000,

Reprimand, Probation, Suspension,

Revocation.

(l) Violation of:

Section

469.009(1)(l), F.S.

Failing in any material respect

to comply with the provisions

of Chapter 469, F.S., or

violating a rule or lawful order

of the department.

Fine of $500 up to $1,000,

Censure, Investigative/Prosecution

Costs, Reprimand, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

Fine of $1,000 up to $5,000,

Investigative Costs, Probation,

Suspension, Revocation, Deny

Issuance/Renewal License.

(m) Violation of:

Section 469.009(1)(m), F.S.

Abandoning an asbestos

abatement project in which the

asbestos contractor is engaged

or under contract as a contractor.

Fine of $1,000 up to $2,500,

Investigative/Prosecution Costs,

Censure, Reprimand, Restitution,

Suspension, Probation,

Continuing Education, Deny

Issuance/Renewal License,

Revocation.

Fine of $2,500 up to $5,000 and

Probation, Suspension, Revocation;

Investigative/Prosecution Costs,

Restitution, Continuing Education,

Deny Issuance/Renewal License.

(n) Violation of:

Section 469.009(1)(n), F.S.

Signing a statement falsely

indicating that: 1) work is

bonded; or 2) payment has been

made for all subcontracted work,

labor, and materials, resulting in

financial loss to owner, purchaser,

or contractor; or 3) workers'

compensation and public liability

insurance are provided.

Fine of $1,000 up to $2,500,

Investigative/Prosecution Costs,

Censure, Reprimand, Suspension,

Probation, Continuing Education,

Deny Issuance/Renewal License,

Revocation.

Fine of $2,500 up to $5,000 and

Probation, Suspension, Revocation;

Investigative/Prosecution Costs,

Continuing Education, Deny

Issuance/Renewal License.

(o) Violation of:

Section 469.009(1)(o), or

455.227(1)(m), F.S.

Committing fraud or deceit in

the practice of asbestos

consulting or contracting.

Fine of $1,000 up to $2,500,

Investigative/Prosecution Costs,

Censure, Reprimand, Restitution,

Suspension, Probation,

Continuing Education, Deny

Issuance/Renewal License,

Revocation.

Fine of $2,500 up to $5,000 and

Probation, Suspension, Revocation;

Investigative/Prosecution Costs,

Restitution, Continuing Education,

Deny Issuance/Renewal License.

(p) Violation of:

Section 469.009(1)(p), F.S.

Committing incompetency or

misconduct in the practice of

asbestos consulting or

contracting.

Fine of $500 up to $1,000,

Investigative/Prosecution Costs,

Censure, Reprimand, Suspension,

Probation, Continuing Education,

Deny Issuance/Renewal License,

Revocation.

Fine of $1,000 up to $5,000,

Investigative/Prosecution Costs,

Suspension, Probation, Continuing

Education, Deny Issuance/Renewal

License, or Revocation.

(q) Violation of:

Section 469.009(1)(q), F.S.

Committing gross negligence,

repeated negligence, or

negligence resulting in a

significant danger to life or

property in the practice of

asbestos consulting or

contracting.

Fine of $1,000 up to $2,500,

Investigative/Prosecution Costs,

Censure, Reprimand, Restitution,

Suspension, Probation,

Continuing Education, Deny

Issuance/Renewal License,

Revocation.

Fine of $2,500 up to $5,000 and

Probation, Suspension, and/or

Revocation; Investigative/

Prosecution Costs, Restitution,

Continuing Education, Deny

Issuance/Renewal License.

(r) Violation of:

Section 469.009(1)(r), F.S.

Intimidating, threatening,

coercing, or otherwise

discouraging the service of a

notice to owner under Part I of

Chapter 713, F.S., or a notice to

contractor under Chapter 255 or

Part I of Chapter 713, F.S.

Fine of $1,000 up to $2,500,

Investigative/Prosecution Costs,

Censure, Reprimand, Suspension,

Probation, Continuing Education,

Deny Issuance/Renewal License,

Revocation.

Fine of $2,500 up to $5,000 and

Probation, Suspension,

Revocation; Investigative/

Prosecution Costs, Censure,

Reprimand, Continuing Education,

Deny Issuance/Renewal License.

(s) Violation of:

Section 469.009(1)(s), F.S.

Failing to satisfy, within a

reasonable time, the terms of a

civil judgment obtained against

the licensee, or the business

organization qualified by the

licensee, relating to the practice

of the licensee's profession.

Fine of $500 up to $1,000,

Investigative/Prosecution Costs,

Censure, Reprimand,

Suspension, Probation, Continuing

Education, Deny Issuance/

Renewal License, Revocation.

Fine of $1,000 up to $5,000,

Investigative/Prosecution Costs,

Suspension, Probation, Continuing

Education, Deny Issuance/Renewal

License, Revocation.

(2) Minor Violations.

(a) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S.

1. Violation of Section 469.006(5)(a), F.S.

2. Violation of Section 469.006(5)(b), F.S.

(b) The designation of violations as minor for the purposes of Section 455.255(3), F.S., is limited to initial violations.

Fla. Admin. Code Ann. R. 61E1-6.001

Rulemaking Authority 455.225(3), 455.2273, 469.011 FS. Law Implemented 455.225(3), 455.2273, 469.009 FS.

Adopted by Florida Register Volume 42, Number 174, September 7, 2016 effective 9/19/2016.

New 9-19-16.