Fla. Admin. Code R. 61G7-7.001

Current through Reg. 50, No. 244; December 17, 2024

Section 61G7-7.001 - Disciplinary Guidelines; Range of Penalties

(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 455, F.S., Chapter 468, Part XI, F.S., or the rules promulgated thereto. The violations as set forth below are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of the particular provisions identified in subsection (2).

(a) The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations and other unrelated violations contained in the same administrative complaint will compound the listed penalties. All penalties at the upper range of the sanctions include lesser penalties, which may be included in the final penalty at the Board's discretion.

(b) Probationary terms include, as applicable, a review of the licensee's practice by a representative of the Department or Board, with the licensee assuming the cost of the review. In all cases of probation or suspension, a report showing compliance with the terms of the final order must be received and accepted by the Board prior to the termination of the probation or suspension. Other specific terms of probation or suspension shall be imposed, as necessary, by the Board.

(2) The following disciplinary guidelines include costs related to the investigation and prosecution of the case, excluding costs associated with an attorney's time, as permitted by Section 455.227(3)(a), F.S. The penalty for each count in the administrative complaint shall be determined by the Board to be within the minimum and maximum penalty range and reflect the seriousness of the harm to public welfare. The Board may impose a penalty outside the penalty range when mitigating or aggravating circumstances are identified.

PENALTY RANGE
VIOLATION	MINIMUM	MAXIMUM
(a) Misdemeanor criminal conviction of bribery or fraud, in violation of Section 468.532(1)(a), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(b) Felony criminal conviction of bribery or fraud, in violation of Section 468.532(1)(a), F.S.	Suspension and/or $2,500 fine.	Denial or revocation of license and/or $5,000 fine.
(c) Willful misrepresentation of material facts in obtaining or renewing a license, in violation of Section 468.532(1)(a), F.S., or attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the board, in violation of Section 455.227(1)(h), F.S.	Reprimand, probation, and/or $2,500 fine.	Denial or revocation of license and/or $5,000 fine.
(d) Being determined liable for civil fraud by a court in any jurisdiction, in violation of Section 468.532(1)(o), F.S.	Reprimand, probation, and/or $1,500 fine.	Denial or revocation of license and/or $5,000 fine.
(e) Misdemeanor conviction relating to operation of or ability to engage in business as an employee leasing company, in violation of Section 468.532(1)(b) or 455.227(1)(c), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(f) Felony conviction relating to operation of or ability to engage in business as an employee leasing company, in violation of Section 468.532(1)(b) or 455.227(1)(c), F.S.	Suspension, probation, and/or $1,500 fine.	Denial or revocation of license and/or $5,000 fine.
(g) Misdemeanor conviction of fraud, deceit, or misconduct relating to the classification of employees for workers' compensation, in violation of Section 468.532(1)(c), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $2,500 fine.
(h) Felony conviction of fraud, deceit, or misconduct relating to the classification of employees for workers' compensation, in violation of Section 468.532(1)(c), F.S.	Suspension, probation, and/or $1,500 fine.	Denial or revocation of license and/or $5,000 fine.
(i) Misdemeanor conviction of fraud, deceit, or misconduct relating to the establishment or maintenance of self-insurance, in violation of Section 468.532(1)(d), F.S.	Reprimand, probation and/or $500 fine.	Denial or revocation of license and/or $2,500 fine.
(j) Felony conviction of fraud, deceit, or misconduct relating to the establishment or maintenance of self-insurance, in violation of Section 468.532(1)(d), F.S.	Suspension, probation, and/or $1,500 fine.	Denial or revocation of license and/or $5,000 fine.
(k) Misdemeanor conviction of fraud, deceit, or misconduct in the operation of an employee leasing company, in violation of Section 468.532(1)(e), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $2,500 fine.
(l) Felony conviction of fraud, deceit, or misconduct in the operation of an employee leasing company, in violation of Section 468.532(1)(e), F.S.	Suspension, probation, and/or $1,500 fine.	Denial or revocation of license, and/or $5,000 fine.
(m) Practicing on an inactive, revoked, or suspended license, or unlicensed practice, in violation of Section 468.532(1)(f), F.S.	Reprimand, probation, and/or $1,500 fine.	Denial or revocation of license and/or $5,000 fine.
(n) Failure to maintain, or provide evidence to the Board office of, workers' compensation insurance, in violation of Section 468.532(1)(g), F.S.	Reprimand and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(o) Transfer of a license in violation of Section 468.532(1)(h), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(p) Violation of Chapter 455, F.S., Chapter 468, Part XI, F.S., or any rule promulgated thereto, in violation of Section 468.532(1)(i) or 455.227(1)(k), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(q) Failure to notify the Board of change of address, in violation of Section 468.532(1)(j), F.S.	Reprimand and/or $100 fine	$500 fine.
(r) Incarceration or mental incompetence which may impair ability to maintain confidentiality, in violation of Section 468.532(1)(k), F.S.	Suspension until demonstrates ability to practice, followed by probation.	Denial or revocation of license.
(s) Second finding of guilt for any misconduct that warrants suspension or any course of conduct which shows inability to maintain confidentiality, in violation of Section 468.532(1)(l), F.S.	Suspension until demonstrates ability to practice followed by probation, $500 fine.	Denial or revocation of license and/or $5,000 fine.
(t) Failure to notify the Board of felony conviction or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime of any jurisdiction, within 30 days, in violation of Section 468.532(1)(m) or 455.227(1)(t), F.S.	Suspension and/or $2,500 fine.	Denial or revocation of license and/or $5,000 fine.
(u) Failure to conform to any lawful order of the Board, in violation of Section 468.532(1)(n), F.S.	Reprimand, suspension, and/or $2,500 fine.	Denial or revocation of license and/or $5,000 fine.
(v) Failure to have a registered agent for service in the State of Florida, in violation of Section 468.525(3), F.S.	Reprimand and/or $100 fine.	Denial or revocation of license and/or $2,000 fine.
(w) Failure to have a written agreement with client and written notice to employees, in violation of Section 468.525(3)(a), F.S.	Reprimand and/or probation.	Denial or revocation of license, suspension, and/or $1,500 fine.
(x) Failure to maintain positive working capital, or accounting net worth in violation of Section 468.525(3)(d), F.S.	Reprimand, probation, and/or $500 fine.	Suspension, denial or revocation of license, and/or $2,500 fine.
(y) Failure to satisfy the contract requirements of Section 468.525(4), F.S., in violation of Section 468.525(4), F.S.	Reprimand, probation, and/or $1,000 fine.	Suspension and/or denial or revocation of license.
(z) Failure to pay annual fees when due, in violation of Section 468.526(3), F.S.	Reprimand, suspension until fee is paid, and/or $500 fine.	Denial or revocation of license, and/or $5,000 fine.
(aa) Failure to have at least one controlling person per employee leasing company, in violation of Section 468.530(1)(a), F.S.	Reprimand, probation of company license, and/or $1,000 fine.	Suspension, revocation, and/or $5,000 fine.
(bb) Conducting a business under a name other than the licensed name of the employee leasing company, in violation of Section 468.530(3), F.S.	Reprimand and/or $100 fine.	Suspension and/or $1,500 fine.
(cc) Failure to pay unemployment compensation taxes or workers' compensation premiums, in violation of Section 468.529(1), F.S.	Reprimand, probation, and/or $1,000 fine.	Suspension and/or denial or revocation of license.
(dd) Failure to make available to its workers' compensation carrier information in Section 468.529, F.S., in violation of Section 468.529(2), F.S.	Reprimand and/or $1,000 fine.	Suspension and/or denial or revocation of license.
(ee) Failure to notify termination of client relationships, in violation of Section 468.529(3), F.S.	Reprimand and/or $100 fine.	Suspension and/or denial or revocation of license.
(ff) Failure to submit quarterly reports when due, in violation of Rule 61G7-10.001, F.A.C.	Reprimand and/or $100 fine.	Suspension, revocation, and/or $5,000 fine.
(gg) Making misleading, deceptive, or fraudulent representations in or related to the practice of employee leasing, in violation of Section 455.227(1)(a), F.S.	Reprimand, probation, and/or $2,000 fine.	Denial or revocation of license and/or $5,000 fine.
(hh) Having a license or the authority to practice employee leasing revoked, suspended, or otherwise acted against in another jurisdiction for a violation that would constitute a violation under Florida law, in violation of Section 455.227(1)(f), F.S.	Imposition of a penalty identical or substantially similar to the other jurisdiction's penalty, or imposition of Florida's penalty for the same underlying offense.
(ii) Having been found liable in a civil proceeding for knowingly filing a false report or complaint within the department or the agency against another licensee, in violation of Section 455.227(1)(g), F.S.	Reprimand, probation, and/or $1,000 fine.	Denial or revocation of license and/or $5,000 fine.
(jj) Failing to report to the department any person who the licensee knows is in violation of Chapter 468, Part XI, or 455, F.S., or rules promulgated thereto, in violation of Section 455.227(1)(i), F.S.	Reprimand, and/or $100 fine.	Probation, and/or $500 fine.
(kk) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice employee leasing contrary to Chapter 455 or 468, Part XI, or rules promulgated thereto, in violation of Section 455.227(1)(j), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(ll) Failing to perform any statutory or legal obligation placed upon a licensee, in violation of Section 455.227(1)(k), F.S.	The Board shall impose as its minimum and maximum penalties, the same ones as the underlying offense involved in the violation under Chapter 455 or 468, F.S.
(mm) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so, in violation of Section 455.227(1)(l), F.S.	Intentional - Reprimand, probation, suspension until corrected, and/or $500 fine.	Intentional - Denial or revocation of license and/or $5,000 fine.
	Negligent - Reprimand, and/or probation.	Negligent - Reprimand and/or $5,000 fine.
(nn) Making deceptive, untrue, or fraudulent representations in or related to the practice of employee leasing or employing a trick or scheme in or related to the practice of employee leasing, in violation of Section 455.227(1)(m), F.S.	Reprimand, probation, and/or $500 fine.	Denial or revocation of license and/or $5,000 fine.
(oo) Exercising influence on a client for the purpose of financial gain of the licensee or a third party, in violation of Section 455.227(1)(n), F.S.	Reprimand, probation, and/or $500 fine.	Suspension and/or $2,500 fine.
(pp) Practicing or offering to practice beyond the scope permitted by law, in violation of Section 455.227(1)(o), F.S.	Reprimand, $500 fine, and/or requirement that activity be ceased.	Probation and/or $1,500 fine.
(qq) Knowingly delegating or contracting for the performance of professional responsibilities by an unqualified person, in violation of Section 455.277(1)(p), F.S.	Reprimand and/or $500 fine.	Suspension of license and/or $2,500 fine.
(rr) Failing to comply with a lawfully issued subpoena of the department, in violation of Section 455.227(1)(q), F.S.	Reprimand, probation, $500 fine, and/or compliance with the subpoena.	Revocation of license and/or $5,000 fine.
(ss) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding, in violation of Section 455.227(1)(r), F.S.	Reprimand, probation, and/or $500 fine.	Revocation of license and/or $5,000 fine.
(tt) Failing to inform the Board in writing within 30 days after any adverse material final action by a state or federal regulatory agency, in violation of Section 468.532(1)(q), F.S.	Reprimand and/or $500 fine.	Denial or revocation of license and/or $2,500 fine.
(uu) Failing to meet or maintain the requirements for licensure as an employee leasing company or controlling person, in violation of Section 468.532(1)(r), F.S.	Reprimand and/or $500 fine.	Denial or revocation of license and/or $2,500 fine.
(vv) Engaging as a controlling person any person who is not licensed by the Board as a controlling person, in violation of Section 468.532(1)(s), F.S.	Reprimand and/or $500 fine.	Denial or revocation of license and/or $1,500 fine.

(3) The Board shall be entitled to deviate from the above-mentioned guidelines, up to the limits provided in Section 455.227(2)(d), F.S., upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final penalty.

(a) Aggravating circumstances are those which justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines, and are as follows:

1. History of previous violations of Chapter 455, F.S., the Practice Act, or the rules promulgated thereto.

2. Evidence of violation of professional Practice Acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.

3. Degree of public harm.

(b) Mitigating circumstances are those which justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty below the minimum level of discipline in the guidelines, and are as follows:

1. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.

2. Voluntary restitution of any damages suffered by the licensee's client.

3. The licensee's professional standing among peers.

4. Steps taken by the licensee or the licensee's company to ensure the non-occurrence of similar violations in the future.

5. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.

6. Cooperation and timely communication with the Department of Business and Professional Regulation and the Board.

7. The licensee's full understanding and admission of the violation.

Fla. Admin. Code Ann. R. 61G7-7.001

Rulemaking Authority 455.2273, 468.522, 468.532(4) FS. Law Implemented 455.227, 455.2273, 468.525, 468.526, 468.529, 468.530, 468.531, 468.532 FS.

New 5-20-93, Formerly 21EE-7.001, Amended 5-29-94, 12-19-94, 11-9-95, 6-23-04, Amended by Florida Register Volume 45, Number 005, January 8, 2019 effective 1/22/2019.

New 5-20-93, Formerly 21EE-7.001, Amended 5-29-94, 12-19-94, 11-9-95, 6-23-04, 1-22-19.