Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-17 - PROFESSIONAL SURVEYORS AND MAPPERS › Section 5J-17.011 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board sets
				forth below a range of disciplinary guidelines from which disciplinary
				penalties will be imposed upon practitioners and applicants for licensure
				guilty of violating Chapter 472, F.S. The purpose of the disciplinary
				guidelines is to give notice to licensees and applicants of the range of
				penalties which will normally be imposed upon violations of particular
				provisions of Chapter 472, F.S. The disciplinary guidelines are based upon a
				single count violation of each provision listed. Multiple counts of violations
				of the same provision of Chapter 472, F.S., or the rules promulgated thereto,
				or other unrelated violations will be grounds for enhancement of penalties as
				outlined below. All penalties set forth in the guidelines include lesser
				penalties, i.e., reprimand and or course work which may be included in the
				final penalty at the Board's discretion.
(2) Violations and Range of Penalties. In
				imposing discipline upon applicants and licensees, in proceedings pursuant to
				Sections 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 are descriptive only; the full language of each
				statutory provision cited must be consulted in order to determine the conduct
				included.
(a) Violation of any provision of
				Section 472.031, F.S.;
(Section
				  472.0351(1)(a),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, $250 fine.
Denial or probation and $500.00 fine.
SECOND OFFENSE
Probation and $500 fine.
Denial or suspension followed by a term of probation
							 and $750.00 fine.
THIRD OFFENSE
Suspension followed by a term of probation and
							 $750.00 fine.
Revocation and $1, 000.00 fine.
(b)
				Attempting to obtain, obtaining, or renewing a license to practice surveying
				and mapping by bribery or by fraudulent misrepresentation;
(Section
				  472.0351(1)(b),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, $250.00 fine.
Denial or suspension followed by a term of probation
							 and $750.00 fine.
SECOND OFFENSE
denial or suspension followed by a term of probation
							 and $750.00 fine.
Revocation and $1, 000.00 fine.
(c)
				Having a license to practice surveying and mapping revoked, suspended, or
				otherwise acted against, including the denial of licensure, by the licensing
				authority of another state, territory, or country;
(Section
				  472.0351
				  (1)(c), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$100.00 fine and same penalty imposed by the other
							 jurisdiction.
Denial of licensure or $250.00 fine and suspension
							 followed by probation.
SECOND OFFENSE
$250.00 fine and same penalty imposed by the other
							 jurisdiction which at a minimum must include a term of probation.
Denial of licensure or $500 fine and
							 revocation.
THIRD OFFENSE
$500.00 fine and same penalty imposed by the other
							 jurisdiction which at a minimum must include a term of suspension.
Denial of licensure or $750 fine and permanent
							 revocation.
(d)
				Being convicted or found guilty of, or entering a plea of nolo contendere to,
				regardless of adjudication, a crime in any jurisdiction which directly relates
				to the practice of surveying and mapping or the ability to practice surveying
				and mapping;
(Section
				  472.0351
				  (1)(d), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine.
Denial of licensure or $500.00 fine and suspension to
							 be followed by a term of probation.
SECOND OFFENSE
$500.00 fine and probation.
Denial of licensure or $1, 000.00 fine and
							 revocation.
(e)
				Making or filing a report or record that the licensee knows to be false,
				willfully failing to file a report or record required by state or federal law,
				willfully impeding or obstructing such filing, or inducing another person to
				impede or obstruct such filing. Such reports or records shall include only
				those that are signed in the capacity of a registered surveyor and mapper;
(Section
				  472.0351(1)(e),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine.
$500.00 fine and suspension to be followed by
							 probation.
SECOND OFFENSE
$500.00 fine and probation.
$750.00 fine and suspension to be followed by
							 probation.
THIRD OFFENSE
$750.00 fine and suspension to be followed by
							 probation.
$1, 000.00 fine and revocation.
(f)
				Advertising goods or services in a manner that is fraudulent, false, deceptive,
				or misleading in form or content;
(Section
				  472.0351
				  (1)(f), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine.
$500.00 fine and probation.
SECOND OFFENSE
$500.00 fine.
$750.00 fine and suspension to be followed by
							 probation.
THIRD OFFENSE
$750.00 fine and probation.
$1, 000.00 fine and suspension to be followed by
							 probation.
(g)
				Upon proof that the licensee is guilty of fraud or deceit, or of negligence,
				incompetency, or misconduct, in the practice of surveying and mapping;
(Section
				  472.0351
				  (1)(g), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine and probation.
$750.00 fine and suspension to be followed by a term
							 of probation.
SECOND OFFENSE
$750.00 fine and suspension to be followed by a term
							 of probation.
$1, 000.00 fine and revocation.
(h)
				Failing to perform any statutory or legal obligation placed upon a licensed
				surveyor and mapper; violating any provision of this chapter, a rule of the
				board or department, or a lawful order of the board or department previously
				entered in a disciplinary hearing; or failing to comply with a lawfully issued
				subpoena of the department;
(Section
				  472.0351(1)(h),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine, probation, and compliance with legal
							 obligation.
$500.00 fine and probation or suspension.
SECOND OFFENSE
$500.00 fine and probation or suspension until
							 compliance with legal obligation.
$750.00 fine and probation or suspension plus
							 extended probation.
THIRD OFFENSE
$750.00 fine and probation or suspension until
							 compliance with legal obligation plus extended probation.
$1, 000.00 fine and revocation.
(i)
				Practicing on a revoked, suspended, inactive, or delinquent license;
(Section
				  472.0351(1)(i),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$1, 000.00 fine and probation.
$1, 000.00 fine, denial or suspension followed by
							 probation or if already suspended an extended suspension followed by
							 probation.
SECOND OFFENSE
$1, 000.00 fine, denial or suspension followed by
							 probation or if already suspended an extended suspension followed by
							 probation.
$1, 000.00 fine and revocation.
(j)
				Having been found liable in a civil proceeding for knowingly filing a false
				report or complaint with the department against another licensee;
(Section
				  472.0351(1)(j),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine.
Denial of licensure or $500.00 fine and suspension to
							 be followed by a term of probation.
SECOND OFFENSE
$500.00 fine and probation.
Denial of licensure or $1, 000.00 fine and
							 revocation.
(k)
				Failing to report to the department any person who the the licensee knows is in
				violation of this chapter or the rules of the department or the board;
(Section
				  472.0351(1)(k),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine and compliance with rule.
$500.00 fine and suspension.
SECOND OFFENSE
$500.00 fine and suspension until compliance with
							 rule.
$750.00 fine and suspension followed by
							 probation.
THIRD OFFENSE
$750.00 fine and suspension until compliance with
							 rule followed by probation.
$1, 000.00 fine and revocation
(l)
				Aiding, assisting, procuring, employing, or advising any unlicensed person or
				entity to practice a profession contrary to this chapter, the chapter
				regulating the profession, or the rules of the department or the board;
(Section
				  472.0351(1)(l),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$100.00 fine and same penalty imposed by the other
							 jurisdiction.
Denial of licensure or $250.00 fine and suspension
							 followed by probation.
SECOND OFFENSE
$250.00 fine and same penalty imposed by the other
							 jurisdiction which at a minimum must include a term of probation.
Denial of licensure or $500.00 fine and
							 revocation.
THIRD OFFENSE
$500.00 fine and same penalty imposed by the other
							 jurisdiction which at a minimum must include a term of suspension.
Denial of licensure or $750.00 fine and permanent
							 revocation.
(m)
				Making deceptive, untrue, or fraudulent representations in or related to the
				practice of the professional surveying or mapping or employing a trick or
				scheme in or related to the practice of professional surveying or mapping;
(Section
				  472.0351(1)(m),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$500.00 fine and probation.
$750.00 fine, denial or suspension to be followed by
							 a term of probation.
SECOND OFFENSE
$750.00 fine, denial or suspension to be followed by
							 a term of probation.
$1, 000.00 fine and denial or revocation.
(n)
				Exercising influence on the client for the purpose of financial gain of the
				licensee or a third party;
(Section
				  472.0351(1)(n),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$100.00 fine.
$250.00 fine and probation.
SECOND OFFENSE
$250.00 fine.
$500.00 fine and suspension to be followed by a term
							 of probation.
THIRD OFFENSE
$500.00 fine and probation.
$750.00 fine and suspension to be followed by a term
							 of probation
(o)
				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;
(Section
				  472.0351(1)(o),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine
Denial of licensure or $500.00 fine and suspension to
							 be followed by a term of probation.
SECOND OFFENSE
$500.00 fine and probation
Denial of licensure or $1, 000.00 fine and
							 revocation.
(p)
				Delegating or contracting for the performance of professional responsibilities
				by a person when the licensee delegating or contracting for performance of such
				responsibilities knows, or has reason to know, such person is not qualified by
				training, experience, and authorization when required to perform them;
(Section
				  472.0351(1)(p),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine.
$500.00 fine and suspension to be followed by
							 probation.
SECOND OFFENSE
$500.00 fine and probation.
$750.00 fine and suspension to be followed by
							 probation.
THIRD OFFENSE
$750.00 fine and suspension to be followed by
							 probation.
$1, 000.00 fine and revocation.
(q)
				Improperly interfering with an investigation or inspection authorized by
				statute, or with any disciplinary proceeding;
(Section
				  472.0351(1)(q),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine and probation.
$500.00 fine and denial or suspension followed by
							 probation.
SECOND OFFENSE
$750.00 fine and probation.
$1, 000.00 fine and denial or permanent
							 revocation.
(r)
				Failing to perform any statutory or legal obligation placed upon a licensed
				surveyor and mapper pursuant to Chapter 177, F.S.
(Chapter 177 F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
$250.00 fine, probation, and compliance with legal
							 obligation.
$500.00 fine and probation or suspension until
							 compliance with legal obligation.
SECOND OFFENSE
$500.00 fine and probation or suspension until
							 compliance with legal obligation.
$750.00 fine and probation or suspension until
							 compliance with legal obligation plus extended probation.
THIRD OFFENSE
$750.00 fine and probation or suspension until
							 compliance with legal obligation plus extended probation.
$1, 000.00 fine and revocation.