Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-30 - DISCIPLINARY GUIDELINES AND PENALTIES FOR FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, REMOVAL SERVICES, REFRIGERATION SERVICES, DIRECT DISPOSERS AND ESTABLISHMENTS, AND CINERATOR FACILITIES › Section 69K-30.001 - Disciplinary Guidelines and Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1)
				THE PURPOSE OF THE DISCIPLINARY GUIDELINES IS TO GIVE NOTICE THE LICENSEES AND
				OTHERS OF THE RANGE OF PENALTIES WHICH MAY BE IMPOSED FOR VIOLATIONS OF
				PARTICULAR PROVISIONS OF CHAPTER 497, F.S., AND RULES PROMULGATED THERETO. The
				disciplinary guidelines are based upon a single count violation of each
				provision listed. Multiple counts of violations of the same provision of
				Chapter 497, F.S., or the rules promulgated thereto, or other unrelated
				violations contained in the same administrative complaint will be grounds for
				enhancement of penalties. All penalties at the upper range of the sanctions set
				forth in the guidelines, i.e., suspension, revocation, etc., may include lesser
				penalties, i.e., fines, costs, or probation which may be included in the final
				penalty at the board's discretion. If the board finds that a person is subject
				to disciplinary action, the board shall issue a final order imposing
				appropriate penalties within the ranges recommended in these disciplinary
				guidelines, in the absence of aggravating or mitigating factors.
(2) As an alternative to the provisions of
				Section  497.153, F.S., and pursuant to
				Section  497.155, F.S., the department
				may provide a licensee with a notice of noncompliance for a minor violation.
				Minor violations are deemed to be those violations for which there is no
				substantial threat to the public health, safety, and welfare.
(3) THE DEPARTMENT SHALL ALSO HAVE THE
				AUTHORITY TO ISSUE CITATIONS FOR THE VIOLATIONS SET FORTH HEREIN IS ISSUED
				WITHIN SIX MONTHS AFTER THE COMPLETION OF THE INSPECTION OR EXAMINATION OR THE
				FILING OF THE COMPLAINT WHICH IS THE BASIS OF THE CITATION. The licensee must
				confirm that the violation has been corrected or is in the process of being
				corrected, upon acceptance of the citation. For each violation, there is a
				range of penalties to be imposed depending upon whether the violation is the
				first or second violation of the particular provision within the previous six
				(6) year period. (Multiple occurrences of a specific violation within an
				examination report will be cited as one violation.)
(4) DEFINITIONS. As used in this rule:
(a) "Notice of noncompliance" means an
				instrument which meets the requirements set forth in Section
				 497.155, F.S., and which is
				served upon a person for the purpose of notifying the subject of the
				violation(s).
(b) "Citation" means
				an instrument which meets the requirements set forth in Section
				 497.155, F.S., and which is
				served upon a person for the purpose of assessing a penalty in an amount
				established by this rule.
(c)
				"Costs" includes costs of investigation and prosecution as set forth in Section
				 497.153(5)(b),
				F.S.
(d) "Reprimand" is a
				discipline that the board may impose in addition to or in lieu of any other
				disciplinary penalty. A reprimand is represented by a written
				document.