Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-30 - HOME INSPECTORS › Section 61-30.602 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever the
				department finds a licensee in violation of a provision of chapter 455 or 468,
				part XV, F.S., the following Disciplinary Guidelines shall be followed. The
				verbal identification of offenses are 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
Penalty Range for First
							 Violation.
Penalty Range for Subsequent
							 Violation.
(a) Section
468.832(1)(a),
							 F.S.
Violation of any provision of Chapter 468, Part XV or
							 Section 455.227(1),
							 F.S.
Fine up to $1, 000, plus reprimand, probation, or
							 suspension.
Fine up to $5, 000, plus probation, suspension, or
							 revocation.
(b) Section
468.832(1)(b),
							 F.S.
Attempting to procure a license by bribery or
							 fraudulent misrepresentations.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, revocation, or denial of license.
Fine up to $5, 000, plus probation, suspension,
							 revocation, or denial of license.
(c) Section
468.832(1)(c) or
455.227(1)(f),
							 F.S.
Having a license to practice home inspection services
							 revoked, suspended, denied or acted against in another state, territory or
							 country.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
(d) Section
468.832(1)(d) or
455.227(1)(c),
							 F.S.
Being convicted, found guilty, pleading nolo
							 contendere to, regardless of adjudication, a crime in any jurisdiction that
							 directly relates to the practice or ability to practice home inspection
							 services.
Fine up to $1, 000, plus reprimand, suspension, or
							 revocation.
Fine up to $5, 000, plus revocation.
(e) Section
468.832(1)(e) or
455.227(1)(l),
							 F.S.
Making or filing a report or record the licensee
							 knows to be false, willfully failing to file a record or report required by
							 state or federal law, willfully impeding or obstructing such filing.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus revocation.
(f) Section
468.832(1)(f),
							 F.S.
Advertising goods or services in a manner that is
							 fraudulent, false, deceptive, or misleading in form or content.
Fine up to $1, 000, plus reprimand, probation, or
							 suspension.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
(g) Section
468.832(1)(g),
							 F.S.
Engaging in fraud, deceit, negligence, incompetence
							 or misconduct in the practice of home inspection services.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
(h) Section
468.832(1)(h),
							 F.S.
Failing to perform any statutory or legal obligation
							 placed upon a licensed home inspector; violating any provision of Chapter 468,
							 Part XV, F.S., a rule of the department, or a lawful order of the department
							 previously entered in a disciplinary hearing; or failing to comply with a
							 lawfully issued subpoena of the department.
Fine up to $1, 000, plus reprimand, probation, or
							 suspension.
Fine up to $5, 000, plus probation, suspension, or
							 revocation.
(i) Section
468.832(1)(i),
							 F.S.
Practicing on a revoked, suspended, inactive or
							 delinquent license.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus probation, suspension, or
							 revocation.
(j) Section
455.227(1)(a),
							 F.S.
Making false, fraudulent, deceptive or misleading
							 representations in or related to the practice of the licensee's
							 profession.
Fine up to $1, 000, plus reprimand, probation, or
							 suspension.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
(k) Section
455.227(1)(b),
							 F.S.
Intentionally violating any rule adopted by the
							 department.
Fine up to $1, 000, plus reprimand, probation, or
							 suspension.
Fine up to $5, 000, plus suspension, or
							 revocation.
(l) Section
455.227(1)(g),
							 F.S.
Having been found civilly liable for knowingly filing
							 a false report or complaint with the department against another
							 licensee.
Fine up to $1, 000, plus reprimand, or
							 probation.
Fine up to $5, 000, plus suspension, or
							 revocation.
(m) Section
455.227(1)(h),
							 F.S.
Attempting to obtain, obtaining or renewing a license
							 to practice by bribery or fraudulent misrepresentation or through an error of
							 the department.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus probation, suspension, or
							 revocation.
(n) Section
455.227(1)(i),
							 F.S.
Failing to report to the department any person who
							 the licensee knows is in violation of Chapter 455, F.S., the chapter regulating
							 the alleged violator, or the rules of the department.
Fine up to $1, 000, plus reprimand.
Fine up to $5, 000, plus probation, suspension, or
							 revocation.
(o) Section
455.227(1)(j),
							 F.S.
Aiding, assisting, procuring, employing or advising
							 an unlicensed person or entity to practice profession contrary to Chapter 468,
							 Part XV, or 455, F.S., or rules of the department.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus suspension, or
							 revocation.
(p) Section
455.227(1)(k),
							 F.S.
Failing to perform any statutory or legal obligation
							 placed upon a licensee.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus suspension, or
							 revocation.
(q) Section
455.227(1)(m),
							 F.S.
Making deceptive, untrue or fraudulent
							 representations in or related to the practice of the licensee's
							 profession.
Fine up to $1, 000, plus reprimand, suspension, or
							 revocation.
Fine up to $5, 000, plus revocation, or denial of
							 license.
(r) Section
455.227(1)(n),
							 F.S.
Exercising influence on client for improper financial
							 gain of the licensee or a third party.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or revocation.
Fine up to $5, 000, plus reprimand, probation,
							 suspension, or revocation.
(s) 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 up to $1, 000, plus reprimand, or
							 probation.
Fine up to $5, 000, plus suspension.
(t) Section
455.227(1)(p),
							 F.S.
Delegating or contracting for the performance of
							 professional responsibilities by a person when the licensee delegating or
							 contracting for performance knows or has reason to know, such person is not
							 qualified by training, experience, and authorization when required to perform
							 them.
Fine up to $1, 000, plus reprimand, or
							 probation.
Fine up to $5, 000, plus suspension, or
							 revocation.
(u) Section
455.227(1)(q),
							 F.S.
Violating any provision of Chapter 468, Part XV, or
							 455, F.S., rules of the department or any lawful order of the
							 department.
Fine up to $1, 000, plus reprimand, or
							 probation.
Fine up to $2, 500, plus probation, or
							 suspension.
(v) Section
455.227(1)(r),
							 F.S.
Improperly interfering with an investigation,
							 inspection or disciplinary proceeding.
Fine up to $1, 000, plus reprimand, probation,
							 suspension, or denial of licensure.
Fine up to $1, 000, plus suspension, revocation, or
							 denial of licensure.
(w) Section
455.227(1)(t),
							 F.S.
Failing to report in writing to the department within
							 30 days after the licensee is convicted of, or entered a plea of nolo
							 contendere or guilty to, regardless of adjudication, a crime in any
							 jurisdiction.
Fine up to $1, 000, plus reprimand, suspension, or
							 revocation.
Fine up to $5, 000, plus revocation.
(2)
				Additional Conditions which may be imposed through a final order:
(a) Licensee is placed on probation for a
				period of time as determined by the department;
(b) Failure to comply with any provision of
				an order shall result in the filing of a new complaint and if the licensee is
				found to be in violation, the license will be suspended until the licensee is
				compliant;
(c) The licensee shall
				demonstrate compliance with all the conditions of the Final Order, prior to the
				lifting of probation;
(d) Licensee
				shall complete additional continuing education courses of a specified type, as
				set forth by the Final Order, not to exceed more than 24 hours of continuing
				education courses;
(e) Licensee
				shall, as specified in the Final Order, provide quarterly reports setting forth
				the number and type of home inspections conducted, provide copies of completed
				home inspection reports, and any other documentation determined by the
				Department to be necessary for the monitoring of the
				licensee.