(1) The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Business and Professional Regulation as provided in Florida Statutes § 455.224 The citation shall impose a fine of $500.00 and the Department may impose the costs of investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board. The citation and fine option is available only to first time offenders, and no citation may be issued if more than one offense can be charged in the case.
    (2) The offenses which may be subject to citation are as follows:
    (a) False, deceptive or misleading advertising in violation of Section 481.325(1)(f), F.S., or Fl. Admin. Code R. 61G10-14.003, so long as the landscape architect has received no compensation for service sought by a client as a result of the advertising.
    (b) Violation of Section 481.325(1)(i), F.S., by practicing on an inactive license provided such license is reactivated within two months of its expiration.
    (3) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety, and welfare, such potential for harm must be removed prior to issuance of the citation.
    (4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Florida Statutes Chapter 119, unless otherwise exempt from the provisions of Florida Statutes Chapter 119 The citation and complaint may be considered as aggravating circumstances in future disciplinary actions.
Rulemaking Authority 481.306, 455.224 FS. Law Implemented Florida Statutes § 455.224. History-New 1-1-92, Formerly 21K-14.005.