Florida Regulations 61K1-4.011: Unprofessional or Unethical Conduct
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Unprofessional or unethical conduct, for amateur sanctioning organizations, as described in Florida Statutes § 548.071(4), shall include:
(1) Making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession;
(2) Misappropriating, misallocating, or mismanaging funds in relation to the practice of the licensee’s profession;
(3) Delegating or contracting for the performance of professional responsibility 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;
(4) Falsifying or altering of records, applications, contracts, or other documents in the practice of the licensee’s profession;
(5) Practicing or offering to practice beyond the scope permitted by law or accepting and performing the professional responsibilities the licensee knows, or has reason to know, the licensee is not competent and/or properly licensed to perform;
(6) Discriminating on the basis of race, creed, religion, sex, age, or national origin, in the practice of a licensee’s profession as it relates to human rights and dignity of the individuals;
(7) Exercising influence on any person in the practice of a licensee’s profession for the purpose of financial gain of the licensee or a third party;
(8) Failing to report in writing to the commission or to the department within 30 days after any officers, trustees, partners, directors, or owners is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report the conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph;
(9) Impersonating another licensed practitioner, or permitting another person to use his or her license;
(10) Providing false or incorrect information regarding the status of the license;
(11) Failing to perform any statutory or legal obligation or attempting to violate any statutory or legal requirement placed upon a licensee;
(12) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to the chapter regulating the profession, or the rules of the department or the commission;
(13) Attempting to obtain, obtaining, or renewing a licensee to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the commission;
(14) Violating any rule adopted by the commission or the department;
(15) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding;
(16) Repeatedly violating health and safety standards as laid out in these rules, or permitting other licensees or other individuals to repeatedly violate health and safety standards as laid out in these rules;
(17) Refusing access to an event or program, or full access to the site of an event or match, including dressing rooms to any individuals designated by the Department or executive director to conduct compliance checks or investigations;
(18) Having a license or the authority to practice a profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The 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;
(19) Failing to report a change of address or other legally identifiable information to the Department within thirty (30) days of the date that the address or information was changed.
Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.071 FS. History-New 3-14-13.
Terms Used In Florida Regulations 61K1-4.011
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(2) Misappropriating, misallocating, or mismanaging funds in relation to the practice of the licensee’s profession;
(3) Delegating or contracting for the performance of professional responsibility 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;
(4) Falsifying or altering of records, applications, contracts, or other documents in the practice of the licensee’s profession;
(5) Practicing or offering to practice beyond the scope permitted by law or accepting and performing the professional responsibilities the licensee knows, or has reason to know, the licensee is not competent and/or properly licensed to perform;
(6) Discriminating on the basis of race, creed, religion, sex, age, or national origin, in the practice of a licensee’s profession as it relates to human rights and dignity of the individuals;
(7) Exercising influence on any person in the practice of a licensee’s profession for the purpose of financial gain of the licensee or a third party;
(8) Failing to report in writing to the commission or to the department within 30 days after any officers, trustees, partners, directors, or owners is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report the conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph;
(9) Impersonating another licensed practitioner, or permitting another person to use his or her license;
(10) Providing false or incorrect information regarding the status of the license;
(11) Failing to perform any statutory or legal obligation or attempting to violate any statutory or legal requirement placed upon a licensee;
(12) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to the chapter regulating the profession, or the rules of the department or the commission;
(13) Attempting to obtain, obtaining, or renewing a licensee to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the commission;
(14) Violating any rule adopted by the commission or the department;
(15) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding;
(16) Repeatedly violating health and safety standards as laid out in these rules, or permitting other licensees or other individuals to repeatedly violate health and safety standards as laid out in these rules;
(17) Refusing access to an event or program, or full access to the site of an event or match, including dressing rooms to any individuals designated by the Department or executive director to conduct compliance checks or investigations;
(18) Having a license or the authority to practice a profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The 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;
(19) Failing to report a change of address or other legally identifiable information to the Department within thirty (30) days of the date that the address or information was changed.
Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.071 FS. History-New 3-14-13.