61G3-21.001. Normal Penalty Ranges

CHAPTER 61G3-21 DISCIPLINARY GUIDELINES 61G3-21.001 Normal Penalty Ranges 61G3-21.002 Aggravating and Mitigating Circumstances 61G3-21.003 Repeat Violations (Repealed) 61G3-21.004 Penalties Cumulative and Consecutive (Repealed) 61G3-21.005 Mitigation; Notice of Mitigation and Aggravation (Repealed) 61G3-21.006 Probation (Repealed) 61G3-21.007 Stipulations (Repealed) 61G3-21.008 Installment Payment of Fines (Repealed) 61G3-21.009 Citations 61G3-21.010 Revocation 61G3-21.011 Mediation 61G3-21.012 Notice of Non-Compliance 61G3-21.013 Gross Malpractice or Incompetency Defined 61G3-21.014 Suspension (Repealed) 61G3-21.001 Normal Penalty Ranges. The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this chapter. The disciplinary guidelines are based on a single count violation of each provision listed. All penalties at the upper range of the sanctions set forth in the guidelines, such as suspension and revocation, include lesser penalties such as fine, probation or reprimand. Penalties increase with the severity of the violation and number of repeat violations. For the purposes of this rule, the descriptions of the violations in the table below are abbreviated and the statute or rule cited should be consulted for a complete description of the prohibited conduct. VIOLATION PENALTY RANGES FIRST VIOLATION SECOND AND SUBSEQUENT VIOLATIONS (1) Section 476.194(1)(a), F.S.: Practice barbering without an active license. (Section 476.204(1)(a), F.S.) Fine not to exceed $250 Fine not to exceed $500 up to revocation (2) Section 476.194(1)(c), F.S.: Obtain or attempt to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentations. Fine not to exceed $250 and revocation if a license is obtained in this manner Fine not to exceed $500 and revocation if a license is obtained in this manner (3) Section 476.194(1)(d)1., F.S.: Own, operate, maintain, open, establish, conduct, or have charge of either alone or with another person or persons, a barbershop which is not licensed under the provisions of this chapter. (Sections 476.184 and 476.204(1)(b), F.S., and Rule 61G3-19.013, F.A.C.) Fine not to exceed $250 Fine not to exceed $500 up to revocation (4) Section 476.194(1)(d)2., F.S.: Own, operate, maintain, open, establish, conduct, or have charge of either alone or with another person or persons, a barbershop in which a person not licensed as a barber is permitted to perform services. Fine not to exceed $250 Fine not to exceed $500 up to revocation (5) Section 476.194(1)(e), F.S.: Use or attempt to use a license to practice barbering when said license is suspended or revoked. (Section 476.204(1)(g), F.S., applicable to revoked license) Fine not to exceed $250 Fine not to exceed $500 up to revocation (6) Section 476.204(1)(c), F.S.: Permitting an employed person to practice barbering unless duly licensed, or otherwise authorized, as provided in Chapter 476, F.S. (Section 476.194(1)(b), F.S.) Fine not to exceed $250 Fine not to exceed $500 up to revocation (7) Section 476.204(1)(d), F.S.: Presenting as one’s own the license of another. Fine to both the unlicensed presentor and the licensed individual who permitted his license to be used in such manner. Fine not to exceed $250 Fine not to exceed $500 up to revocation (8) Section 476.204(1)(e), F.S.: Giving false or forged evidence to the Department in order to obtain a license. Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked and fine not to exceed $500 (9) Section 476.204(1)(f), F.S.: Impersonating any other license holder. Fine to both the impersonator and the individual who permitted the impersonation of himself. Fine not to exceed $250 Fine not to exceed $500 up to revocation (10) Section 476.204(1)(i), F.S.: Violate or refuse to comply with: any provision of Chapter 476 or 455, F.S., other than those listed in this rule; or, a rule of the Board, other than the rules listed in this rule; or, a final order of the Board. Fine not to exceed $250 Fine not to exceed $500 (11) Section 476.214(1)(a), F.S.: Gross malpractice or gross incompetency in the practice of barbering. Fine not to exceed $250 and up to suspension Fine not exceed $500 up to revocation (12) Section 476.214(1)(b), F.S.: Engaging in the practice of barbering while knowingly having an infectious or contagious disease. Suspension of license until licensee can prove that he or she is no longer infectious or contagious Fine not to exceed $500 up to revocation (13) Section 455.227(1)(a), F.S.: Making misleading, deceptive, or fraudulent representations in or related to the practice of barbering. Fine not to exceed $250 Fine not to exceed $500 up to revocation (14) Section 455.227(1)(c), F.S.: Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. Fine not to exceed $250 up to revocation Fine not to exceed $500 up to revocation (15) Section 455.227(1)(e), F.S.: Failing to comply with the educational course requirements in Section 455.2228, F.S., for human immunodeficiency virus and acquired immune deficiency syndrome. Revocation if license issued Revocation if license issued (16) Section 455.227(1)(f), F.S.: Having a license or the authority to practice the regulated 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. Denial of licensure when a license has not been issued up to revocation when a license has been issued Denial of licensure when a license has not been issued up to revocation when a license has been issued (17) Section 455.227(1)(g), F.S.: Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. Fine not to exceed $250 up to suspension Fine not to exceed $500 up to revocation (18) Section 455.227(1)(h), F.S.: Attempting to obtain, obtaining or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the Department or Board. Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked and fine not to exceed $500.00 (19) Section 455.227(1)(i), F.S.: Failing to report to the department any person who the licensee knows is in violation of Chapter 476, F.S., or the rules of the Board. Fine not to exceed $250 Fine not to exceed $500 (20) Section 455.227(1)(j), F.S.: Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice barbering contrary to Chapter 476, F.S., or the rules of the Board. Fine not to exceed $250 Fine not to exceed $500 up to revocation (21) Section 455.227(1)(k), F.S.: Failing to perform any statutory or legal obligation placed upon a licensee. Fine not to exceed $250 Fine not to exceed $500 up to revocation (22) Section 455.227(1)(m), F.S.: employing a trick or scheme in or related to the practice of a profession. Fine not to exceed $250 Fine not to exceed $500 up to revocation (23) Section 455.227(1)(n), F.S.: Exercising influence on the client for the purpose of financial gain of the licensee or a third party. Fine not to exceed $250 Fine not to exceed $500 up to revocation (24) Section 455.227(1)(o), F.S.: 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. Fine not to exceed $250 up to suspension Fine not to exceed $500 up to revocation (25) Subsection 61G3-19.009(1), F.A.C.: Display of barber’s license. Fine not to exceed $50 Fine not to exceed $150 up to probation (26) Subsection 61G3-19.009(2), F.A.C., Display of barbershop’s license. Fine not to exceed $50 Fine not to exceed $150 up to probation (27) Subsection 61G3-19.010(1), F.A.C.: Arrangements for performing barber services outside a licensed shop. Fine not to exceed $250 Fine not to exceed $500 up to suspension (28) Subsection 61G3-19.010(2), F.A.C.: Performing barber services outside a licensed shop. Fine not to exceed $250 Fine not to exceed $500 up to suspension (29) Barbershop Requirements, Sanitation Violations – paragraphs 61G3-19.011(2)(d)-(f), (3), (4), (7)-(11)(a)-(d), and (12)-(15), F.A.C. (a) One or two rule violations Fine not to exceed $100 Repeated violation of any one or two sanitary rules – Fine not to exceed $200 up to suspension (b) Three or more rule violations Fine not to exceed $200 Repeated violation of any 3 or more of the sanitation rules – Fine not to exceed $400 up to suspension (30) Barbershop Requirements, Safety, Code, and Structural Violations – paragraphs 61G3-19.011(2)(a)-(c), (6), and (15)-(22)(a)-(f), F.A.C. (a) One or two rule violations Fine not to exceed $100 Repeated violation of any one or two safety, code, and structural violations – Fine not to exceed $200 up to suspension (b) Three or more rule violations Fine not to exceed $200 Repeated violation of any three or more safety, code, and structural violations – Fine not to exceed $400 up to suspension (31) Rule 61G3-19.012, F.A.C., Posting of Barbershop Requirements. Fine not to exceed $50 Fine not to exceed $150 up to probation Rulemaking Authority 455.2273(1), 476.064(4) FS. Law Implemented 455.227(1), (2), 455.2273(1), 476.204 FS. History–New 11-25-86, Amended 7-4-90, 12-23-90, Formerly 21C-21.001, Amended 10-30-95, 3-29-04, 11-26-09, 1-6-19. 61G3-21.002 Aggravating and Mitigating Circumstances. Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include: (1) Where licensee has relied upon the advice of a professional advisor, for example, an attorney or accountant; (2) Where the address of the shop or the owner has been changed by the post office through no fault of the shop owner; (3) Where the shop owner has relied upon the advice of a prior owner; (4) Infirmity or illness; (5) The danger to the public; (6) The number of complaints filed against the licensee; (7) The length of time the licensee has practiced; (8) The actual damage, physical or otherwise, to the licensee’s customer; (9) The deterrent effect of the penalty in Rule 61G3-21.001, F.A.C. versus the deterent effect of an enhanced or reduced penalty; (10) The effect of the penalty upon the licensee’s livelihood; (11) Any efforts at rehabilitation; (12) Whether there was demonstrable intent of deceit; (13) Blatant disrespect for the law; (14) Whether the licensee has had previous discipline imposed and the violations that resulted in the previous discipline; and (15) Whether the license is on probation.