61E1-6.001. Disciplinary Guidelines

CHAPTER 61E1-6 DISCIPLINARY GUIDELINES 61E1-6.001 Disciplinary Guidelines 61E1-6.001 Disciplinary Guidelines. (1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 469 or 455, F.S., the following Disciplinary Guidelines shall be followed. Penalties imposed by the Department pursuant to Chapter 61E1-6, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below. The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included: Statutory Violation Description of Violation (This description is a general summary). Penalty Range for First Violation. Penalty Range for Any Subsequent Violations. (a) Violation of: Section 469.009(1)(a), F.S. Willfully or deliberately disregarding or violating health and safety standards, Florida Statutes or rules promulgated thereunder, or any ordinance. Fine of $1,000 up to $2,500, Censure, Investigative/ Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Deny Issuance/Renewal License. (b) Violation of: Section 469.009(1)(b), F.S. Violating any provision of Chapter 455, F.S. Fine of $500 up to $2,500, Censure, Investigative/ Prosecution Costs, Reprimand, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $2,500 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License. (c) Violation of: Section 469.009(1)(c), F.S. Failing in any material respect to comply with the provisions of this chapter or any rule promulgated hereunder. Fine of $500 up to $1,000, Censure, Investigative/ Prosecution Costs, Reprimand, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License. (d) Violation of: Section 469.009(1)(d), F.S. Acting in the capacity of an asbestos contractor or asbestos consultant under any license issued under this chapter except in the name of the licensee as set forth on the issued license. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Probation, Suspension, Deny Issuance License/Renewal License. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License. (e) Violation of: Section 469.009(1)(e), F.S. Proceeding on any job without obtaining all applicable approvals authorizations, permits, and inspections. Fine of $500 up to $1,000, Censure, Investigative/ Prosecution Costs, Reprimand, Continuing Education, Probation, Suspension. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Probation, Suspension, Revocation. (f) Violation of: Section 469.009(1)(f), or 455.227(1)(h), F.S. Obtaining a license by fraud or misrepresentation. Fine of $500 to $2,500, Investigative/Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $2,500 up to $5,000, Investigative/Prosecution Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License. (g) Violation of: Section 469.009(1)(g), or 455.227(1)(c), F.S. Being convicted, found guilty, pleading nolo contendere to a crime, in any jurisdiction, that directly relates to the practice or ability to practice. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Revocation. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Suspension, Revocation. (h) Violation of: Section 469.009(1)(h), F.S. Knowingly violating any building code, lifesafety code, or county or municipal ordinance relating to the practice of asbestos consulting or contracting. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Continuing Education, Probation, Suspension, Revocation. Fine of $2,500 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Suspension, Revocation. (i) Violation of: Section 469.009(1)(i), F.S. Performing an act assisting a person or entity in the unlicensed practice of asbestos consulting or contracting, if the licensee knows or has reason to know the person or entity was unlicensed. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Continuing Education, Probation, Suspension, Revocation. Fine of $1,000 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Continuing Education, Deny Issuance/Renewal License. (j) Violation of: Section 469.009(1)(j), F.S. Committing mismanagement or misconduct in the practice of contracting causing financial harm to a customer. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/ Renewal License. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License. (k) Violation of: Section 469.009(1)(k), or 455.227(1)(f), F.S. Being disciplined by any municipality or county for an act or violation of this chapter. Fine of $500 up to $1,000, Censure, Reprimand, Probation, Suspension, Revocation. Fine of $1,000 up to $5,000, Reprimand, Probation, Suspension, Revocation. (l) Violation of: Section 469.009(1)(l), F.S. Failing in any material respect to comply with the provisions of Chapter 469, F.S., or violating a rule or lawful order of the department. Fine of $500 up to $1,000, Censure, Investigative/Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $1,000 up to $5,000, Investigative Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License. (m) Violation of: Section 469.009(1)(m), F.S. Abandoning an asbestos abatement project in which the asbestos contractor is engaged or under contract as a contractor. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License. (n) Violation of: Section 469.009(1)(n), F.S. Signing a statement falsely indicating that: 1) work is bonded; or 2) payment has been made for all subcontracted work, labor, and materials, resulting in financial loss to owner, purchaser, or contractor; or 3) workers’ compensation and public liability insurance are provided. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Continuing Education, Deny Issuance/Renewal License. (o) Violation of: Section 469.009(1)(o), or 455.227(1)(m), F.S. Committing fraud or deceit in the practice of asbestos consulting or contracting. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License. (p) Violation of: Section 469.009(1)(p), F.S. Committing incompetency or misconduct in the practice of asbestos consulting or contracting. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, or Revocation. (q) Violation of: Section 469.009(1)(q), F.S. Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of asbestos consulting or contracting. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, and/or Revocation; Investigative/ Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License. (r) Violation of: Section 469.009(1)(r), F.S. Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under Part I of Chapter 713, F.S., or a notice to contractor under Chapter 255 or Part I of Chapter 713, F.S. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/ Prosecution Costs, Censure, Reprimand, Continuing Education, Deny Issuance/Renewal License. (s) Violation of: Section 469.009(1)(s), F.S. Failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/ Renewal License, Revocation. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. (2) Minor Violations. (a) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S. 1. Violation of Section 469.006(5)(a), F.S. 2. Violation of Section 469.006(5)(b), F.S. (b) The designation of violations as minor for the purposes of Section 455.255(3), F.S., is limited to initial violations.