Fla. Admin. Code R. 64B12-8.020

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

Section 64B12-8.020 - Disciplinary Guidelines

(1) The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 484, F.S., or a telehealth provider registered under Section 456.47(4), F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties that will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. 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.

(3) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., or a telehealth provider registered under Section 456.47(4), F.S., has committed any of the acts set forth in Section 456.072, 456.47, or 484.014, F.S., it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES			TELEHEALTH DISCIPLINE
	First Offense	Second Offense	Third and subsequent Offenses	First Offense	Second and Subsequent Offenses
(a) Procuring or attempting to procure, or renew a license by misrepresentation, bribery, fraud or through an error of the Department or the Board. (Section 484.014(1)(a), F.S.) (Section 456.072(1)(h), F.S.)	Reprimand to probation of the license and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Suspension to revocation of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Revocation, without the ability to reapply, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Reprimand to suspension and a corrective action plan	Suspension to revocation
(b) Procuring or attempting to procure a license for any other person by making or causing to be made any false representation. (Section 484.014(1)(b), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Suspension to revocation, without the ability to reapply, and an administrative fine of $1,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(c) Filing a false report or failing to file a report as required. Such reports or records shall include only those which the person is required to make or file as an optician. (Section 484.014(1)(c), F.S.) (Section 456.072(1)(l), F.S.)	Letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Suspension and a corrective action plan to revocation
(d) Failing to make fee or price information readily available by providing such information upon request or upon the presentation of a prescription. (Section 484.014(1)(d), F.S.)	Letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to suspension
(e) False, deceptive, or misleading advertising. (Section 484.014(1)(e), F.S.)	Letter of concern to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(f) Fraud or deceit, or negligence, incompetency, or misconduct in the authorized practice of opticianry. (Section 484.014(1)(f), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $3,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(g) Practicing with a revoked, suspended, inactive, retired, or delinquent license. (Sections 456.036(1) and 484.014(1)(g), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(h) Violation of a lawful order of the Board or Department or a subpoena of the Department. (Section 484.014(1)(h), F.S.) (Section 456.072(1)(q), F.S.)	Letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Suspension and a corrective action plan to revocation
(i) Violation of any provision of Section 484.012, F.S. (Section 484.014(1)(i), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(j) Conspiring to restrict another from lawfully advertising his or her services. (Section 484.014(1)(j), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(k) Willfully submitting to any third party payor a claim for services which were not provided to a patient. (Section 484.014(1)(k), F.S.) The licensee's reimbursement to the third-party payor shall be considered as a mitigating factor by the board.	Reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.	Probation to suspension, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(l) Failing to keep written prescription files. (Section 484.014(1)(l), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(m) Failure to report another licensee in violation of Chapters 484, Part I, 456, F.S., or rule of the Board or Department. (Section 484.014(1)(m), F.S.) (Section 456.072(1)(i), F.S.)	Letter of concern to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(n) Exercising influence on a client for financial gain of the licensee or of a third party. (Section 484.014(1)(n), F.S.) (Section 456.072(1)(n), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $500.00 to a $750.00, or refusal to certify an application for licensure.	Suspension to revocation and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(o) Gross or repeated malpractice. (Section 484.014(1)(o), F.S.)	Probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, without the ability to reapply, and an administrative fine ranging from $900.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension and a corrective action plan to revocation	Suspension to revocation
(p) Permitting any person not licensed as an optician in this state to fit or dispense any lenses, spectacles, eyeglasses, or other optical devices that are part of the practice of opticianry. (Section 484.014(1)(p), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(q) Guilty of a crime directly relating to the ability to practice opticianry or to the practice of opticianry. (Section 484.014(1)(q), F.S.) (Section 456.072(1)(c), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(r) Action taken against license by another jurisdiction. Licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. (Section 484.014(1)(r), F.S.) (Section 456.072(1)(f), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspsension and a corrective action plan to revocation
(s) Being unable to practice opticianry with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. (Section 484.014(1)(s), F.S.) (Section 456.072(1)(z), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(t) Violation or repeated violation of Chapter 456 or 484, F.S., or any rules promulgated pursuant thereto. (Section 484.014(1)(i), (t), F.S.) (Section 456.072(1)(b), (dd), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation

(4) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., or a telehealth provider registered under Section 456.47(4), F.S., has violated Section 484.014(1)(t), F.S., by violating any of the following Board rules, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES			TELEHEALTH DISCIPLINE
	First Offense	Second Offense	Third and subsequent Offenses	First Offense	Second and Subsequent Offenses
(a) Failure to give notice of withdrawal of services pursuant to Rule 64B12-10.003, F.A.C.	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(b) Failure to identify through written notice or orally to a patient the type of license under which the practitioner is practicing pursuant to Rule 64B12-10.0035, F.A.C.	Letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to revocation
(c) Failure to properly keep and transfer prescription files pursuant to Rule 64B12-10.006, F.A.C.	Letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to revocation
(d) Failure to assure that duplicate prescription forms contain the information required by Rule 64B12-10.0065, F.A.C.	Letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to revocation
(e) Failure to maintain the equipment required by Rule 64B12-10.007, F.A.C.	Notice of Non-Compliance.	Probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Suspension and a corrective action plan
(f) Failure to provide change of address, pursuant to Rule 64B12-10.012, F.A.C.	Notice of Non-Compliance.	Reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Reprimand to suspension of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to suspension
(g) Failure to properly supervise an apprentice as required by Rule 64B12-16.003, F.A.C. For each offense, depending upon aggravating and mitigating circumstances, the Board may require probation with the condition that the licensee not serve as a sponsor.	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(h) Failure to file the proper report upon termination of apprenticeship as required by Rule 64B12-16.004, F.A.C. For each offense, depending upon aggravating and mitigating circumstances, the board may deny credit for hours of apprenticeship.	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(i) Failure to file the proper report upon termination of sponsorship as required by Rule 64B12-16.004, F.A.C. Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(j) Failure of a sponsor or apprentice to comply with Chapters 484, Part I, and 456, F.S., and the rules of the Board and Department or to timely file complete reports or information as required by Rule 64B12-16.008, F.A.C. Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor or the board may deny credit for hours of apprenticeship.	Reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(k) Failure to maintain accurate and complete records of time worked by an apprentice, pursuant to Rule 64B12-16.009, F.A.C. Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation

(5) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., or a telehealth provider registered under Section 456.47(4), F.S., has violated Section 456.063(3), 456.065(2) or 484.013(1)(b) or 456.072, F.S., by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES			TELEHEALTH DISCIPLINE
	First Offense	Second Offense	Third and subsequent Offenses	First Offense	Second Offense
(a) Failure to report allegations of sexual misconduct to the department, regardless of the practice setting in which the alleged sexual misconduct occurred. (Section 456.063(3), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,500.00 to $5,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.	Probation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.	Suspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(b) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Department will enter a cease and desist order. (Sections 456.065(2) and 484.013(1)(b), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(c) Making misleading, deceptive, or fraudulent representations in or related to the practice of opticianry. (Section 456.072(1)(a), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(d) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome. (Section 456.072(1)(e), F.S.)	Letter of concern to reprimand of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Letter of Concern to reprimand	Reprimand to revocation
(e) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (Section 456.072(1)(g), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(f) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice opticianry contrary to Chapters 484 and 456, F.S., or the rules of the department or the board. (Section 456.072(1)(j), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $2,000.00 to $5,000.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(g) Failure to perform legal obligation. (Section 456.072(1)(k), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $2,500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(h) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (Section 456.072(1)(m), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Probation to suspension of the license, without the ability to reapply, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, without the ability to reapply, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(i) 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. (Section 456.072(1)(o), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(j) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. (Section 456.072(1)(p), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(k) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 456.072(1)(r), F.S.)	Reprimand to probation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	Probation to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(l) Engaging or attempting to engage a patient or client in verbal or physical sexual activity. For the purposes of this section, a patient or client shall be presumed to be incapable of giving free, full, and informed consent to verbal or physical sexual activity. (Section 456.072(1)(v), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(m) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.	Suspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(n) Termination from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, F.S. Termination can be for failure to comply with the terms of the monitoring or treatment contract entered into by the licensed practitioner, failure to successfully complete any drug treatment or alchohol-treatment program, or termination from a monitoring or treatment contract without good cause. (Section 456.072(1)(hh), F.S.)	Reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	Probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	Suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00 or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(o) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)	Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.			Revocation
(p) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (Section 456.072(1)(jj), F.S.)	Letter of concern to probation of the license, and an administrative fine of $500.00 to $1,000.00.	Reprimand to suspension of license, and an administrative fine of $1000.00 to $5,000.00.	Suspension to revocation of license, and an administrative fine of $5,000.00 to $10,000.00.	Letter of concern to suspension and a corrective action plan	Reprimand to revocation
(q) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program. (Section 456.072(1)(kk), F.S.)	Letter of concern to probation of the license, and an administrative fine of $500.00 to $1,000.00.	Reprimand to suspension of license, and an administrative fine of $1,000.00 to $5,000.00.	Suspension to revocation of license, and an administrative fine of $1,000.00 to $5,000.00.	Letter of concern to suspension and a corrective action plan	Reprimand to revocation
(r) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (Section 456.072(1)(ll), F.S.)	Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.			Revocation
(s) Failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.)	$500 fine, and up to 1 year probation with conditions.	$1,000 fine, and up to 6 months suspension.	$2,000 fine, and up to 2 years suspension.	Reprimand to suspension.	Suspension to revocation.
(t) Being convicted or found guilty of, entering a plea of guilty or nolo contender to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 456.074(5), F.S., or a similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)	Revocation and a fine of $1,000, or in the case of application for licensure, denial of license.	Revocation and a fine of $2,500, or in the case of application for licensure, denial of license.	Revocation and a fine of $5,000, or in the case of application for licensure, denial of license.	Revocation.

(6) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties recommended in subsections (3) through (5), above. If mitigating factors are present, the administrative fine may be reduced and a less severe action, such as a reprimand or probation, taken against the licensee from the range of actions given in the disciplinary guidelines. If aggravating factors are present, the maximum administrative fine may be imposed and more severe action, such as suspension or revocation, taken against the licensee from the range of actions given in the disciplinary guidelines. The Board shall consider as aggravating or mitigating factors the following:

(a) The danger to the public;

(b) The length of time since the violation;

(c) The number of times the licensee has been previously disciplined by the Board;

(d) The length of time licensee has practiced;

(e) The actual damage, physical or otherwise, caused by the violation;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the licensee's livelihood;

(h) Any effort of rehabilitation by the licensee;

(i) The actual knowledge of the licensee pertaining to the violation;

(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;

(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

(l) Actual negligence of the licensee pertaining to any violation;

(m) Penalties imposed for related offenses under subsections (1) and (2), above;

(n) Any other relevant mitigating or aggravating under the circumstances.

(7) Penalties imposed by the Board pursuant to subsections (3) through (5), above, may be imposed in combination or individually. All penalties at the upper range of the sanctions set forth in the guidelines (e.g., suspension, revocation) include lesser penalties, i.e., fine, reprimand or probation, which may be included in the final penalty. Such penalties are as follows:

(a) Refusal to certify to the Department an application for licensure.

(b) Issuance of a reprimand.

(c) Imposition of an administrative fine not to exceed $10,000.00 for each count or separate offense. If the violation is for fraud or making a false or fraudulent representation, the board must impose a fine of $10,000 per count or offense.

(d) Placement of the optician on probation for a period of time and subject to such conditions as the Board may specify, including requiring the optician to submit to treatment or to work under the supervision of another optician.

(e) Suspension of a license.

(f) Permanent revocation of a license.

Fla. Admin. Code Ann. R. 64B12-8.020

Rulemaking Authority 456.079, 456.47(7), 484.005 FS. Law Implemented 456.072, 456.079, 456.47(7), 484.014 FS.

New 3-5-87, Amended 3-30-89, 4-22-90, 12-23-90, 1-27-93, Formerly 21P-8.020, Amended 5-2-94, Formerly 61G 13-8.020, 59U-8.020, Amended 12-3-01, 3-16-04, 5-25-06, 6-24-08, 4-8-10, Amended by Florida Register Volume 44, Number 050, March 13, 2018 effective 3/26/2018, Amended by Florida Register Volume 46, Number 237, December 8, 2020 effective 12/21/2020, Amended by Florida Register Volume 47, Number 208, October 26, 2021 effective 11/14/2021, Amended by Florida Register Volume 47, Number 213, November 2, 2021 effective 11/14/2021.