Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-31 - MOLD-RELATED SERVICES › Section 61-31.602 - 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 455 or
				468, Part XVI, F.S., the following Disciplinary Guidelines shall be followed.
				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 Subsequent
							 Violation.
(a) Violation of:
Section
							 468.842(1)(a)
							 or 455.227(1)(q),
							 F.S.
Violation of any provision of Chapter 468, Part XVI
							 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) Violation of:
Section
							 468.842(1)(b)
							 or 455.227(1)(h),
							 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) Violation of:
Section
							 468.842(1)(c)
							 or 455.227(1)(f),
							 F.S.
Having a license to practice mold assessment or mold
							 remediation 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) Violation of:
Section
							 468.842(1)(d)
							 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 up to $1, 000; Plus Reprimand, Suspension, or
							 Revocation.
Fine up to $5, 000; Plus Revocation.
(e) Violation of:
Section
							 468.842(1)(e)
							 or 455.227(1)(l),
							 F.S.
Making or filing a known false report, willfully
							 failing to file a required record or report, 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) Violation of:
Section
							 468.842(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) Violation of:
Section
							 468.842(1)(g),
							 F.S.
Engaging in fraud, deceit, negligence, incompetence
							 or misconduct in the practice of mold assessment or remediation
							 services.
Fine up to $5, 000; Plus Reprimand, Probation,
							 Suspension, or Revocation.
Fine up to $5, 000; Plus Reprimand, Probation,
							 Suspension, or Revocation.
(h) Violation of:
Section
							 468.842(1)(h),
							 F.S.
Failing to perform any statutory or legal obligation
							 placed upon a licensed mold assessor or remediator; violating any provision of
							 Chapter 468, Part XVI, F.S.; violating an order of the Department previously
							 entered.
Fine up to $1, 000; Plus Reprimand, Probation, or
							 Suspension.
Fine up to $5, 000; Plus Probation, Suspension, or
							 Revocation.
(i) Violation of:
Section
							 468.832(1)(i),
							 F.S.
Practicing on a revoked, suspended, inactive or
							 delinquent license.
Fine up to $1, 000 + Costs; Plus Reprimand,
							 Probation, Suspension, or Revocation.
Fine up to $5, 000; Plus Probation, Suspension, or
							 Revocation.
(j) Violation of:
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) Violation of:
Section
							 455.227(1)(b),
							 F.S.
Intentional violation of any administrative
							 rule.
Fine up to $1, 000; Plus Reprimand, Probation,
							 Suspension.
Fine up to $5, 000; Plus Suspension,
							 Revocation.
(l) Violation of:
Section
							 455.227(1)(g),
							 F.S.
Having been found civilly liable for knowingly filing
							 a false report or complaint against another licensee.
Fine up to $1, 000; Plus Reprimand, or
							 Probation.
Fine up to $5, 000; Plus Suspension, or
							 Revocation.
(m) Violation of:
Section
							 455.227(1)(i),
							 F.S.
Knowingly concealing information regarding violation
							 of Chapter 468, Part XVI, F.S., or rules of the Department.
Fine up to $1, 000; Plus Reprimand.
Fine up to $5, 000; Plus Probation, Suspension, or
							 Revocation.
(n) Violation of:
Section
							 455.227(1)(j),
							 F.S.
Aiding, assisting, procuring, employing or advising
							 unlicensed person or entity to practice profession contrary to Chapter 468,
							 Part XVI or Chapter 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.
(o) Violation of:
Section
							 455.227(1)(k),
							 F.S.
Failing to perform any statutory or legal obligation
							 of licensee.
Fine up to $5, 000; Plus Reprimand, Probation,
							 Suspension, or Revocation.
Fine up to $5, 000; Plus Suspension, or
							 Revocation.
(p) Violation of:
Section
							 455.227(1)(n),
							 F.S.
Exercise influence on client for improper financial
							 gain of licensee or third party.
Fine up to $1, 000; Plus Reprimand, Probation,
							 Suspension, or Revocation.
Fine up to $5, 000; Plus Reprimand, Probation,
							 Suspension, or Revocation.
(q) Violation of:
Section
							 455.227(1)(o),
							 F.S.
Practicing beyond the scope of license.
Fine up to $1, 000; Plus Reprimand, Probation.
Fine up to $5, 000; Plus Suspension.
(r) Violation of:
Section
							 455.227(1)(p),
							 F.S.
Accepting and performing or delegating
							 responsibilities licensee knows or should know he or the delegee is not
							 competent to perform.
Fine up to $1, 000; Plus Reprimand, or
							 Probation.
Fine up to $5, 000; Plus Suspension, or
							 Revocation.
(r) Violation of:
Section
							 455.227(1)(r),
							 F.S.
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.
(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 14 hours of continuning
				education courses.