Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-18 - STANDARDS FOR THE CERTIFICATION OF ENVIRONMENTAL HEALTH PROFESSIONALS › Section 64E-18.008 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				guidelines shall be used in disciplinary cases subject to other provisions of
				this rule.
(a) Knowingly authorizing or
				approving the construction, modification, installation, repair, use, or
				operation of a facility, structure, or device which does not meet health and
				sanitary standards as set forth in Chapter 500, 386, or 381, F.S., or Chapter
				64E-6 or 64E-11, F.A.C., as they are applicable to the facility, the structure,
				or the device. First violation, letter of warning; second violation, $250.00
				fine; repeat violation, 90 day suspension.
(b) Falsifying or providing written or verbal
				reports of inspections or evaluations which do not reflect the actual
				conditions observed or violations found at a site or within a facility. First
				violation, letter of warning; second violation, $250.00 fine; repeat violation,
				30 day suspension.
(c) Allowing the
				continued existence of a sanitary nuisance without initiating efforts to obtain
				corrections. First violation, letter of warning; second violation, $250.00
				fine; repeat violation, 30 day suspension.
(d) Directing a subordinate or coworker to
				violate rules and standards of the department relative to the provision of
				environmental health services as set forth in Chapter 500, 386, or 381, F.S.,
				or Chapter 64E-6 or 64E-11, F.A.C. First violation, letter of warning; second
				violation, $250.00 fine; repeat violation, $500 fine and 90 day
				suspension.
(e) Providing primary
				environmental health services without obtaining prior certification from the
				department, offering to provide primary environmental health services without
				maintaining a current certification. First violation, letter of warning; second
				violation, $250.00 fine; repeat violation, $500.00 fine.
(f) Providing primary environmental health
				services with an expired or inactive certificate. First violation, letter of
				warning; second violation, $250 fine; repeat violation, $500 fine.
(g) Aiding or abetting evasion of Chapters
				381, 386, 489 Part III, and 500, F.S., Chapter 64E-6 or 64E-11, F.A.C.,
				promulgated thereunder. First violation, letter of warning; second violation,
				$250 fine; repeat violation, $500 fine and 90 day suspension.
(h) Obtaining a certificate through fraud,
				misrepresentation, or concealment of material facts. Revocation.
(i) Gross negligence, incompetence, or
				misconduct which:
1. Causes no monetary or
				other harm to an individual or the public, or physical harm to any person.
				First violation, letter of warning; second violation, $250.00 fine; repeat
				violation, 30 day suspension.
2.
				Causes monetary or other harm to an individual or the public, or physical harm
				to any person. First violation, letter of warning; second violation, $250.00
				fine; repeat violation, 30 day suspension.
(j) Use of improper procedures or methodology
				to perform work, or a violation of subsection (1), above. First violation,
				letter of warning; second violation, $250.00 fine; repeat violation, $250.00
				fine and 30 day suspension.