Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61E1 - Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination › Chapter 61E1-6 - DISCIPLINARY GUIDELINES › Section 61E1-6.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(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.