Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G16 - Board of Professional Geologists › Chapter 61G16-9 - GROUNDS FOR DISCIPLINE › Section 61G16-9.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever the
				Board finds a licensee guilty of violating a provision of chapter 492, F.S.,
				the following Penalty Guidelines shall be followed:
Statutory Violation
Description of Violation
Penalty Range
Statutory Violation
Description of Violation (This description is a
							 general summary. It is not designed to be used in charging documents. Reference
							 should be made to the statute identified for a complete statement of the
							 substance of the violation).
Penalty Range for First Violation.
Penalty Range for Subsequent Violation.
(a) Violation of:
Section
							 492.109, F.S.
Failure to file changes of address with the
							 Department.
Notice of Non-Compliance.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension, Revocation or Deny License all with Usual Conditions.
(b) Violation of:
Section
							 492.111(1),
							 F.S.
Failure of business enterprise to have name and
							 license number of current geologist of record on file with the
							 Department.
Notice of Non-Compliance.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(c) Violation of:
Section
							 492.111(3),
							 F.S.
Failure to have final papers or documents dated,
							 signed and sealed by the professional geologist who prepared or approved the
							 papers, prior to delivery to anyone for public record.
Fine up to $500 + Costs; Plus Reprimand, Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(d) Violation of:
Section
							 492.112(1)(a),
							 F.S.
Knowingly Unlicensed practice.
Fine up to $500 + Costs; Probation or Suspension all
							 with Usual Conditions.
Fine up to $1000 + Costs; Suspension or Revocation
							 all with Usual Conditions.
(e) Violation of:
Section
							 492.112(1)(b),
							 F.S.
Knowingly use "PG" or other title, designation or
							 letters to indicate licensure under chapter 492, F.S.
Fine up to $500 + Costs; Reprimand or Probation all
							 with Usual Conditions.
Fine up to $1000 + Costs; Suspension or Revocation
							 all with Usual Conditions; Plus referral to the state attorney for prosecution
							 of the first degree misdemeanor.
(f) Violation of:
Section
							 492.112(1)(c),
							 F.S.
Knowingly present as ones own the license of
							 another.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions; Plus referral to the state attorney for
							 prosecution of the first degree misdemeanor.
Fine up to $1000 + Costs; Plus Suspension or
							 Revocation all with Usual Conditions; Plus referral to the state attorney for
							 prosecution of the first degree misdemeanor.
(g) Violation of:
Section
							 492.112(1)(d),
							 F.S.
Knowingly, giving false or forged evidence to
							 DBPR.
Fine up to $1000 + Costs; Plus Probation, Suspension
							 or Revocation all with Usual Conditions; Plus referral to the state attorney
							 for prosecution of the first degree misdemeanor.
Fine up to $1000 + Costs; Plus Suspension or
							 Revocation all with Usual Conditions; Plus referral to the state attorney for
							 prosecution of the first degree misdemeanor.
(h) Violation of:
Section
							 492.112(1)(e),
							 F.S.
Knowingly, using or attempt to use a suspended,
							 revoked, inactive or delinquent license.
Fine up to $500 + Costs; Plus Reprimand, Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension or
							 Revocation all with Usual Conditions; Plus referral to the state attorney for
							 prosecution of the first degree misdemeanor.
(i) Violation of:
Section
							 492.112(1)(f),
							 F.S.
Knowingly employ unlicensed person to practice
							 geology.
Fine up to $500 + Costs; Plus Probation, Suspension
							 or Revocation all with Usual Conditions, Plus referral to the state attorney
							 for prosecution of the first degree misdemeanor.
Fine up to $1000 + Costs; Plus Suspension or
							 Revocation all with Usual Conditions; Plus referral to the state attorney for
							 prosecution of the first degree misdemeanor.
(j) Violation of:
Section
							 492.112(1)(g),
							 F.S.
Knowingly conceal information about violation of
							 Chapter 492, F.S.
Fine up to $500 + Costs; Plus Probation with Usual
							 Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension
							 or Revocation all with Usual Conditions; Plus referral to the state attorney
							 for prosecution of the first degree misdemeanor.
(k) Violation of:
Section
							 492.113(1)(a),
							 F.S.
Violation of any provision of Chapter 492, F.S. (Use
							 only if no statutory specific provision in this rule.)
Fine up to $1000 + Costs; Plus Reprimand, Probation
							 or Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(l) Violation of:
Section
							 492.113(1)(b),
							 F.S.
Attempting to procure a license by bribery or
							 fraudulent misrepresentations or through an error of the Board.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(m) Violation of:
Section
							 492.113(1)(c),
							 F.S.
Having a geology license revoked, suspended, denied
							 or acted against in another state, territory or country.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
(n) Violation of:
Section
							 492.113(1)(d),
							 F.S.
Being convicted, found guilty, pleading nolo to a
							 crime, in any jurisdiction, that directly relates to the practice or ability to
							 practice.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Revocation or Deny
							 License all with Usual Conditions.
(o) Violation of:
Section
							 492.113(1)(e),
							 F.S.
Making or filing a known false report, willfully
							 failing to file a required record or report, willfully impeding or obstructing
							 such filing. Includes only those records signed in capacity as a professional
							 geologist.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Revocation or Deny
							 License all with Usual Conditions.
(p) Violation of:
Section
							 492.113(1)(f),
							 F.S.
False, fraudulent, deceptive or misleading
							 advertising.
Fine up to $1000 + Costs; Plus Reprimand, Probation
							 or Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation, or Deny License all with Usual Conditions.
(q) Violation of:
Section
							 492.113(1)(g),
							 F.S.
Committing fraud, deceit, negligence, incompetence or
							 misconduct in the practice.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
(r) Violation of:
Section
							 492.113(1)(h),
							 F.S.
Violation of chapter 455, F.S. (use only when no
							 reference to chapter 455, F.S., provisions is found in subsection (2)).
Fine up to $1000 + Costs; Plus Reprimand, Probation
							 or Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(s) Violation of:
Section
							 492.113(1)(i),
							 F.S.
Practicing on a revoked, suspended, inactive or
							 delinquent license.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(t) Violation of:
Section
							 492.113(1)(j),
							 F.S.
Affixing licensee's name to or permitting licensee's
							 name to be used on geological papers, reports or documents neither prepared by
							 licensee or under his or her responsible supervision, direction or
							 control.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(u) Violation of:
Section
							 492.113(1)(k),
							 F.S.
Violating a rule or violating any order previously
							 entered in a disciplinary hearing.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(2)
				Whenever the Board finds a licensee guilty of violating a provision of Chapter
				455, F.S., the following Penalty Guidelines shall be followed:
Statutory Violation
Description of Violation
Penalty Range
(a) Violation of:
Section
							 455.227(1)(a),
							 F.S.
False, fraudulent, deceptive or misleading
							 representations in or related to the practice of professional geology.
Fine up to $1000 + Costs; Plus Reprimand, Probation
							 or Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation, or Deny License all with Usual Conditions.
(b) Violation of:
Section
							 455.227(1)(b),
							 F.S.
Intentional violation of any Board rule.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(c) Violation of:
Section
							 455.227(1)(c),
							 F.S.
Being convicted, found guilty, pleading nolo to a
							 crime, in any jurisdiction, that relates to the practice or ability to practice
							 professional geology.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Revocation or Deny
							 License all with Usual Conditions.
(d) Violation of:
Section
							 455.227(1)(f),
							 F.S.
Having a geology license revoked, suspended, denied
							 or acted against in another state, territory or country.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
(e) Violation of:
Section
							 455.227(1)(g),
							 F.S.
Having been found civilly liable for knowingly filing
							 a false report or complaint with DBPR against another licensee.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(f) Violation of:
Section
							 455.227(1)(h),
							 F.S.
Attempting or succeeding to procure or renew a
							 license by bribery or fraudulent misrepresentation or through an error of the
							 Board or Department.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension,
							 Revocation or Deny License all with Usual Conditions.
(g) Violation of:
Section
							 455.227(1)(i),
							 F.S.
Knowingly conceal information about violation of
							 chapter 492, F.S., or the rules of the Department or Board.
Fine up to $500 + Costs; Plus Probation with Usual
							 Conditions.
Fine up to $1000 + Costs; Plus Probation, Suspension
							 or Revocation all with Usual Conditions.
(h) Violation of:
Section
							 455.227(1)(j),
							 F.S.
Aid, assist, procure, employ or advise unlicensed
							 person or entity to practice profession contrary to chapter 492 or 455, F.S.,
							 or rules of the Board.
Fine up to $500 + Costs; Plus Probation, Suspension
							 or Revocation all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension or
							 Revocation all with Usual Conditions.
(i) Violation of:
Section
							 455.227(1)(k),
							 F.S.
Failing to perform any statutory or legal obligation
							 of licensee.
Fine up to $1000 + Costs; Plus Probation, Suspension
							 or Revocation all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension or
							 Revocation all with Usual Conditions.
(j) Violation of:
Section
							 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. Includes only those records or reports signed in capacity as a
							 professional geologist.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Revocation or Deny
							 License.
(k) Violation of:
Section
							 455.227(1)(m),
							 F.S.
Making deceptive, untrue or fraudulent
							 representations in or related to practice of professional geology.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Revocation or Deny
							 License.
(l) 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 $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
Fine up to $1000 + Costs; Plus Reprimand, Probation,
							 Suspension, Revocation or Deny License all with Usual Conditions.
(m) Violation of:
Section
							 455.227(1)(o),
							 F.S.
Practicing beyond the scope of license.
Fine up to $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(n) 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 $1000 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(o) Violation of:
Section
							 455.227(1)(q),
							 F.S.
Violating any provision of Chapter 492 or 455, F.S.,
							 rules of the Department or Board, or any lawful Order of the Board.
Fine up to $500 + Costs; Plus Reprimand, Probation or
							 Suspension all with Usual Conditions.
Fine up to $2500 + Costs; Plus Probation or
							 Suspension all with Usual Conditions.
(p) Violation of:
Section
							 455.227(1)(r),
							 F.S.
Interfering with investigation, inspection or
							 disciplinary proceeding.
Fine up to $1000 + Costs; Plus Reprimand, Probation
							 or Suspension all with Usual Conditions.
Fine up to $1000 + Costs; Plus Suspension, Revocation
							 or Deny License all with Usual Conditions.
(q) Violation of:
Section
							 455.227(1)(t),
							 F.S.
Failing to timely report in writing to the board
							 within 30 days after the licensee is convicted or found guilty of, or entered a
							 plea of nolo contendere or guilty to, regardless of adjudication, a crime in
							 any jurisdiction.
Misdemeanor: Reprimand; a fine from $100 to $250
							 dollars; probation not to exceed 6 months.
Felony: Reprimand; a fine from $500 to $1000 dollars;
							 suspension with conditions of reinstatement or revocation.
Misdemeanor: Reprimand; a fine from $500 to $1000
							 dollars; a period of suspension with conditions for reinstatement or
							 revocation.
3rd Misdemeanor: Reprimand; $1000 dollar fine; and
							 Revocation.
Felony: Reprimand; Revocation; and $1000 dollar
							 fine.
(3)
				The Usual Conditions.
(a) Provisions which are
				included in all Orders.
1. This Order shall be
				effective upon filing by the Clerk of the Department of Business and
				Professional Regulation.
2. Failure
				to comply with the provisions of this Order shall result in further
				disciplinary action by the Board.