(1) The commission shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The commission shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the commission finds an aggravating or mitigating circumstance, in which case the commission may deviate from the guideline penalty. The following disciplinary guidelines shall be followed by the commission in imposing disciplinary penalties upon licensees for violation of the noted statutes and rules:

Terms Used In Florida Regulations 61K1-4.015

  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Trustee: A person or institution holding and administering property in trust.
    (a) Being guilty of violating Florida Statutes Chapter 548 or the rules of the commission. (Florida Statutes § 548.071(1))

MINIMUM
MAXIMUM
FIRST OFFENSE
$250 fine
Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$500 fine and probation
Denial of licensure or revocation.
    (b) Having commited fraud or deceit in securing any license or permit. (Florida Statutes § 548.071(2))

MINIMUM
MAXIMUM
FIRST OFFENSE
$1000 fine and probation
Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$5000 fine and suspension
Denial of licensure or $5,000 fine and revocation.
    (c) Having an officer, trustee, partner, director, or owner who has been convicted of, having pleaded guilty to, or having entered a plea of nolo contendere to, or having been found guity of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation. (Florida Statutes § 548.071(3))

MINIMUM
MAXIMUM
FIRST OFFENSE
$500 fine and probation
Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$1000 fine and suspension
Denial of licensure or $5,000 fine and revocation.
    (d) Being guilty of unprofessional or unethical conduct. (Florida Statutes § 548.071(4))

MINIMUM
MAXIMUM
FIRST OFFENSE
$250 fine
Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$500 fine and probation
Denial of licensure or $5,000 fine and revocation.
    (e) Having made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under Florida Statutes Chapter 548 (Florida Statutes § 548.071(5))

MINIMUM
MAXIMUM
FIRST OFFENSE
$1000 fine
Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$2000 fine and probation
Denial of licensure or $5,000 fine and revocation.
    (f) Having loaned her or his license or permit to another person or having borrowed or used the license or permit of another. (Florida Statutes § 548.071(9))

MINIMUM
MAXIMUM
FIRST OFFENSE
$1000 fine and probation
Denial of licensure or $2,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$300 fine and suspension
Denial of licensure or $5,000 fine and revocation.
    (g) Having employed a person who does not hold a license or permit as required by law. (Florida Statutes § 548.071(10))

MINIMUM
MAXIMUM
FIRST OFFENSE
$500 fine
Denial of licensure or $1,000 fine and suspension to be followed by a term of probation.
SECOND OFFENSE
$3000 fine and probation
Denial of licensure or $5,000 fine and revocation.
    (h) Having been disciplined by the commission or similar agency or body of any jursidiction. (Florida Statutes § 548.071(12))

MINIMUM
MAXIMUM
FIRST OFFENSE
$1,000 fine and same penalty imposed by the other jurisdiction
Denial of licensure or $5,000 fine and suspension $5,000 fine and suspension to be followed by a term of probation or revocation.
SECOND OFFENSE
$3,000 fine and same penalty imposed by the other jurisdiction
Denial of licensure or $5,000 fine and revocation.
    (i) Having failed to pay a fine imposed under Florida Statutes Chapter 548 (Florida Statutes § 548.071(13))

MINIMUM
MAXIMUM
FIRST OFFENSE
$1,000 fine
Denial of licensure or $3,000 fine and suspension to be followed by a term of probation or revocation.
SECOND OFFENSE
$5,000 fine and probation
Denial of licensure or $5,000 fine and revocation.
    (2) Based upon consideration of the following factors, the commission may impose disciplinary action other than the penalties recommended above:
    (a) The danger to the public;
    (b) The length of time since date of violation;
    (c) The number of complaints filed against the licensee;
    (d) The length of time licensee or registrant 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 or registrant’s livelihood;
    (h) Any efforts for rehabilitation;
    (i) The actual knowledge of the licensee or registrant pertaining to the violation;
    (j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations;
    (k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served;
    (l) Actual negligence of the licensee or registrant pertaining to any violations;
    (m) Any other mitigating or aggravating circumstances.
    (3) The provisions of subsections (1) and (2) above, shall not be construed so as to prohibit civil action or criminal prosecution, and the provisions of subsections (1) and (2) above, shall not be construed so as to limit the ability of the commission to enter into binding stipulations with accused parties as per Florida Statutes § 120.57(3)
    (4) In every case the commission imposes a monetary fine, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the commission’s final order. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted.
Rulemaking Authority 548.003 FS. Law Implemented 548.071, 548.075 FS. History-New 3-14-13.

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