Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-5 - DISCIPLINE, FINAL ORDERS › Section 61G19-5.002 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section 455.2273, F.S., the Board
				provides within this rule disciplinary guidelines which shall be imposed upon
				applicants or licensees whom it regulates under Chapter 468, Part XII, F.S. The
				purpose of this rule is to notify applicants and licensees of the ranges of
				penalties which will routinely be imposed unless the Board finds it necessary
				to deviate from the guidelines for the stated reasons given in Rule
				61G19-5.003, F.A.C. The ranges
				of penalties provided below include the lowest and highest penalty and all
				penalties falling between. The purposes of the imposition of discipline are to
				punish the applicants or licensees for violations and to deter them from future
				violations; to offer opportunities for rehabilitation, when appropriate; and to
				deter other applicants or licensees from violations.
(2) Violations and Range of Penalties. In
				imposing discipline upon applicants and licensees, in proceedings pursuant to
				Sections 120.569 and
				120.57(1) and
				(2), F.S., the Board shall act in accordance
				with the following disciplinary guidelines and shall impose a penalty within
				the range corresponding to the violations set forth below. The verbal
				identification of offenses is descriptive only; the full language of each
				statutory provision cited must be consulted in order to determine the conduct
				included.
VIOLATION
RECOMMENDED RANGE OF PENALTY
(a) Violating or failing to comply with any provision
							 of this part, Chapter 455, F.S., or a valid rule or lawful order of the board
							 or department, or subpoena of the department.
(Sections
							 468.621(1)(a),
							 F.S., 455.227(1)(b) and
							 (q), F.S.)
(a)1. Unless otherwise specified in this rule, in the
							 case of an applicant, the usual action of the Board shall be from licensure
							 with a $500 administrative fine and one year's probation to denial of the
							 application; in the case of a licensee, the usual action of the Board shall be
							 to impose a penalty from reprimand to one year's probation and a fine of $1,
							 000 up to $2, 500.
(a)2. After the first offense, a minimum of one
							 year's probation up to revocation or denial of licensure, and an administrative
							 fine of $2, 500 up to $5, 000 depending on the underlying offense and the
							 magnitude of the violation.
(b) Obtaining certificate through fraud, deceit, or
							 perjury.
(Sections
							 468.621(1)(b),
							 455.227(1)(h),
							 F.S.)
The usual action of the Board shall be to impose a
							 penalty of revocation and a fine of $2, 500.
(c) Knowingly assisting any person to unlawfully
							 practice building code administration, inspecting, or plans examination
							 contrary to the provisions of this part or the building code adopted by the
							 enforcement authority governing that person.
(Sections
							 468.621(1)(c),
							 455.227(1)(j),
							 F.S.)
(c)1. In the case of an applicant, the usual action
							 of the Board shall be from licensure with a $500 administrative fine and one
							 year's probation to denial of the application. In the case of a licensee, the
							 usual action of the Board shall be to impose a penalty from one year's
							 probation to one year's suspension and a fine of $1, 000 up to $2, 500.
(c)2. After the first offense, the usual action of
							 the Board shall be to impose a penalty from one year's suspension to revocation
							 and a fine of $2, 500 up to $5, 000.
(d) Having been convicted of a felony.
(Sections
							 468.621(1)(d),
							 F.S.)
(d)1. In the case of an applicant, the usual action
							 of the Board shall be from licensure with a $500 administrative fine and one
							 year's probation to denial of the application.
In the case of a licensee, the usual action of the
							 Board shall be to impose a penalty from one year's suspension to revocation and
							 a fine of $1, 000 up to $2, 500.
(d)2. For a second offense in the case of an
							 applicant, the usual action of the Board shall be from licensure with an $1,
							 000 administrative fine and suspension of 30 days followed by two year's
							 probation to denial. In the case of a licensee, the usual action of the Board
							 shall be to impose a penalty from one year's suspension followed by one year's
							 probation with conditions to revocation and a fine of $2, 500 up to $5,
							 000.
(d)3. After the second offense, the usual action of
							 the Board shall be revocation and a fine of $5, 000.
(e) Guilt of or nolo plea entered to a crime directly
							 related to building code administration or inspection.
(Sections
							 468.621(1)(e),
							 455.227(1)(c),
							 F.S.)
(e)1. In the case of an applicant, the usual action
							 of the Board shall be denial. In the case of a licensee, the usual action of
							 the Board shall be to impose a penalty from one year's suspension to revocation
							 and a fine of $1, 000 up to $2, 500.
(e)2. After the first offense, the usual action of
							 the Board shall be to impose a penalty of revocation and a fine of $5,
							 000.
(f) Knowingly making or filing a false report or
							 failing to file a report as required.
(Sections
							 468.621(1)(f),
							 455.227(1)(l),
							 F.S.)
(f)1. In the case of an applicant, the usual action
							 of the Board shall be from licensure with a $500 administrative fine and 30-day
							 suspension followed by one year's probation to denial. In the case of a
							 licensee, the usual action of the Board shall be to impose a 30 day period of
							 suspension to be followed by one year's probation and a fine of $1, 000 up to
							 $2, 500.
(f)2. After the first offense, in the case of an
							 applicant, the usual action of the Board shall be denial. In the case of a
							 licensee, the usual action of the Board shall be revocation and a fine of $5,
							 000.
(g) Committing willful misconduct, gross negligence,
							 gross misconduct, repeated negligence, or negligence resulting in a significant
							 danger to life or property.
(Sections
							 468.621(1)(g),
							 F.S.)
1. Negligence
1.a. In the case of an applicant, the usual action of
							 the Board shall be from licensure with one year's probation to denial. In the
							 case of a licensee, the usual action of the Board shall be to impose a penalty
							 from one year's probation to 30 day's suspension and a fine of $1, 000 up to
							 $2, 500.
1.b. For a second offense in the case of an
							 applicant, the usual action of the Board shall be from one year's probation to
							 denial and a $1, 000 administrative fine. In the case of a licensee, the usual
							 action of the Board shall be to impose a penalty from one year's suspension
							 followed by one year's probation and a fine of $2, 500 up to $5, 000.
1.c. After the second offense, the usual action of
							 the Board shall be revocation and a fine of $5, 000.
2. Gross or repeated negligence, or gross
							 misconduct.
2.a. In the case of an applicant, the usual action of
							 the Board shall be denial. In the case of a licensee, the usual action of the
							 Board shall be to impose a penalty from one year's suspension to revocation and
							 a fine of $1, 000 up to $2, 500.
2.b. After the first offense, the usual action of the
							 Board shall be revocation and a fine of $2, 500 up to $5, 000.
3. Willful misconduct.
3.a. In the case of an applicant, the usual action of
							 the Board shall be denial. In the case of a licensee, the usual action of the
							 Board shall be to impose a penalty of revocation and fine of $2, 500.
(h) Making misleading, deceptive or fraudulent
							 representations.
(Sections
							 455.227(1)(a) and
							 (m), F.S.)
3.b. After the first offense, the usual action of the
							 Board shall be to impose a penalty of revocation and a fine of $5, 000.
1. Misleading or deceptive.
1.a. In the case of an applicant, the usual action of
							 the Board shall be licensure with a $1, 000 administrative fine and one year's
							 probation or denial. In the case of a licensee, the usual action of the Board
							 shall be to impose a penalty from reprimand to one year's probation and a fine
							 of $1, 000 up to $2, 500.
1.b. After the first offense, in the case of an
							 applicant, the usual action of the Board shall be denial. In the case of a
							 licensee, the usual penalty shall be six months' suspension to revocation and a
							 fine of $2, 500 up to $5, 000.
2. Fraudulent.
2.a. In the case of an applicant, the usual action of
							 the Board shall be denial. In the case of a licensee, the usual action of the
							 Board shall be to impose a penalty from one year's suspension to revocation, a
							 fine of $2, 500.
2.b. After the first offense, the usual action of the
							 Board shall be to impose a penalty of revocation and a fine of $5, 000.
(i) Present as his or her own the certificate of
							 another.
(Sections
							 468.629(1)(c),
							 468.621(1)(a),
							 F.S.)
In the case of an applicant, the usual action of the
							 Board shall be denial. In case of a licensee, the usual action of the Board
							 shall be to impose a penalty of revocation and a fine of $5, 000.
(j) Give false or forged evidence for the purpose of
							 obtaining a certificate.
(Sections
							 468.629(1)(d),
							 468.621(1)(a),
							 F.S.)
In the case of an applicant, the usual action of the
							 Board shall be denial. In case of a licensee, the usual action of the Board
							 shall be to impose a penalty of revocation and a fine of $5, 000.
(k) Use or attempt to use a certificate that has been
							 suspended or revoked.
(Sections
							 468.629(1)(e),
							 468.621(1)(a),
							 F.S.)
In case of an applicant, the usual action of the
							 Board shall be denial. In case of a licensee, the usual action of the Board
							 shall be to impose a penalty of revocation and a fine of $5, 000.
(l) Threaten, coerce, trick, persuade, or otherwise
							 influence or to attempt to do so, any certificate holder to violate Chapter
							 468, Part XIII, F.S.
(Sections
							 468.629(1)(f),
							 468.621(1)(a),
							 F.S.)
(l)1. In case of an applicant, the usual action of
							 the Board shall be denial. In case of a licensee, the usual action of the Board
							 shall be to impose a penalty of one year's suspension followed by one year's
							 probation to revocation and a fine of $2, 500 up to $5, 000.
(l)2. After the first offense, the usual penalty
							 shall be revocation and a fine of $5, 000.
(m) Offer compensation to a certificate holder to
							 induce violation of law or local building code.
(Sections
							 468.629(1)(g),
							 468.621(1)(a),
							 F.S.)
In case of an applicant, the usual action of the
							 Board shall be denial. In case of a licensee, the usual action of the Board
							 shall be to impose a penalty of revocation and a fine of $5, 000.
(n) Practicing as a building code administrator,
							 plans examiner, or inspector without a valid active certificate.
(Sections
							 468.607,
							 468.621(1)(a),
							 F.S.)
(n)1. In the case of an applicant, the usual action
							 of the Board shall be licensure with an administrative fine and probation or
							 denial. In the case of a licensee, the usual action by the Board shall be to
							 impose a penalty from reprimand to one year's probation and a fine of $1, 000
							 up to $2, 500.
(n)2. After the first offense, in the case of an
							 applicant, the usual action of the Board shall be denial. For a licensee, the
							 penalty shall be revocation and a fine of $5, 000.
(o) Having the authority to practice revoked or acted
							 against, including the denial of licensure.
(Section
							 455.227(1)(f),
							 F.S.)
(o)1. Imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida or one year's suspension or for an applicant licensure with
							 a $1, 000 administrative fine and one year's probation or denial of the license
							 until the license is unencumbered in the jurisdiction in which disciplinary
							 action was originally taken, and an administrative fine of $1, 000 up to $2,
							 500.
(o)2. After the first offense, from imposition of
							 discipline comparable to that which would have been imposed if a second or
							 higher substantive violation had occurred in Florida to revocation or for an
							 applicant from one year's probation to denial of license and an administrative
							 fine of $1, 000 up to $2, 500.
(p) Failing to report to the department any violation
							 of Chapters 468, Part XII, and 455, F.S., or the rules of the Board or
							 Department.
(Section
							 455.277(1)(i),
							 F.S.)
(p)1. In case of an applicant, the usual action shall
							 be denial or licensure with probation and an administrative fine of $500 to $1,
							 000. In case of the licensee, the usual action of the Board shall be to impose
							 a penalty from reprimand to one year's probation and a fine of $1, 000 up to
							 $2, 500.
(p)2. After the first offense, in the case of an
							 applicant the usual action of the Board shall be denial. In the case of a
							 licensee, the usual action of the Board shall be to impose a penalty from one
							 year's suspension followed by one year's probation to revocation and a fine of
							 $2, 500 up to $5, 000.
(q) Failing to perform any statutory or legal
							 obligations.
(Section
							 455.227(1)(k),
							 F.S.)
(q)1. Unless otherwise specified in this rule, in the
							 case of an applicant, the usual action of the Board shall be from licensure
							 with a $1, 000 administrative fine and one year's probation to denial; in the
							 case of a licensee, the usual action of the board shall be to impose a penalty
							 from reprimand to one year's probation and a fine of $1, 000 up to $2,
							 500.
(q)2. After the first offense unless otherwise
							 specified in this rule, the usual action of the Board shall be denial in the
							 case of an applicant; in the case of a licensee, the usual action of the Board
							 shall be to impose a penalty from one year's probation to revocation and a fine
							 of $2, 500 up to $5, 000.
(r) Practicing or offering to practice beyond the
							 scope of law or competence.
(Section
							 455.227(1)(o),
							 F.S.)
(r)1. In the case of an applicant, the usual action
							 of the Board shall be licensure with one year's probation and a $1, 000
							 administrative fine or denial. In the case of a licensee, the usual action of
							 the Board shall be to impose a penalty from one year's probation to one year's
							 suspension of license and a fine of $1, 000 up to $2, 500.
(r)2. After the first offense, in the case of an
							 applicant, the usual action of the Board shall be denial. In the case of a
							 licensee, the usual action of the Board shall be to impose a penalty from one
							 year's suspension of license followed by one year's probation to revocation and
							 a fine of $2, 500 up to $5, 000.
(s) Knowingly delegating professional
							 responsibilities to an unqualified person.
(Section
							 455.227(1)(p),
							 F.S.)
(s)1. In case of an applicant, the usual action of
							 the Board shall be licensure with one year's probation and a $1, 000
							 administrative fine or denial. In case of a licensee, the usual action of the
							 Board shall be to impose a penalty from one year's suspension to revocation and
							 a fine of $1, 000 up to $2, 500.
(s)2. After the first offense, in the case of an
							 applicant, the usual action of the Board shall be denial. In the case of a
							 licensee, the usual action shall be to impose a penalty from one year's
							 suspension of license followed by one year's probation to revocation and a fine
							 of $2, 500 up to $5, 000.
(t) Improperly interfering with an investigation,
							 inspection, or disciplinary proceeding.
(Section
							 455.277(1)(r),
							 F.S.)
(t) The usual action of the Board shall be denial or
							 revocation of license with ability to reapply upon payment of an administrative
							 fine of $2, 500 up to $5, 000 to denial or revocation of license without
							 ability to reapply.
(u) Failing to lawfully execute the duties and
							 responsibilities specified in Chapter 468, Part XII, F.S., and in Sections
							 553.73,
							 553.781,
							 553.79 and
							 553.791, F.S.
(u)1. Unless otherwise specified in this rule, in the
							 case of an applicant, the usual action of the Board shall be from licensure
							 with an administrative fine and one year's probation to denial; in the case of
							 a licensee, the usual action of the Board shall be to impose a penalty from
							 reprimand to one year's probation and a fine of $1, 000 up to $2, 500.
(u)2. After the first offense, a minimum of one
							 year's probation to revocation or denial of licensure, and a fine of $1, 000 up
							 to $3, 000 depending on the underlying offense and the magnitude of the
							 violation.
(v) Performing building code inspection services
							 under Section 553.791, F.S., without
							 satisfying the insurance requirements of said section.
(v)1. Unless otherwise specified in this rule, in the
							 case of an applicant, the usual action of the Board shall be from licensure
							 with a $1, 000 administrative fine and one year's probation to denial; in the
							 case of a licensee, the usual action of the Board shall be to impose a penalty
							 from reprimand to one year's probation and a fine of $1, 000 up to $2,
							 500.
(v)2. After the first offense, a minimum of one
							 year's probation to revocation or denial of license, and a fine of $1, 000 up
							 to $3, 000 depending on the underlying offense and the magnitude of the
							 violation.
(w) Failing to report in writing to the Board within
							 thirty (30) days a conviction, guilty verdict, or plea of nolo contendere or
							 guilty to, regardless of adjudication, a crime in any jurisdiction.
(w)1. For late reporting of a conviction, guilty
							 verdict or plea, a $500 administrative fine.
(w)2. For failure to report a conviction, guilty
							 verdict or plea, a $1, 000 administrative fine.
(w)3. For failure to report a crime directly related
							 to building code administration or inspection, open a new case pursuant to
							 paragraph (2)(e), and failure to report shall be considered an aggravating
							 factor.
(3)
				Stipulation or Settlement. The provisions of this rule are not intended and
				shall not be construed to limit the ability of the Board to dispose informally
				of disciplinary actions by stipulation, agreed settlement, or consent order
				pursuant to Section 120.57(4),
				F.S.
(4) Letters of Guidance. The
				provisions of this rule cannot and shall not be construed to limit the
				authority of the probable cause panel of the Board to direct the Agency to send
				a letter of guidance pursuant to Section
				455.225(4),
				F.S., in any case for which it finds such action appropriate.
(5) Other Action. The provisions of this rule
				are not intended to and shall not be construed to limit the ability of the
				Board to pursue or recommend that the Agency pursue collateral civil or
				criminal actions when appropriate.
Rulemaking Authority
					 455.227,
					 455.2273,
					 468.606 FS. Law Implemented
					 455.227,
					 455.2273,
					 468.607,
					 468.621,
					 468.629
					 FS.
New 5-23-94, Amended 8-14-96, 8-3-97, 11-2-00, 4-10-06,
					 1-10-07, 9-20-09, 6-1-10, 2-1-12,
					 7-31-23.