Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.001 - Normal Penalty Ranges

Current through Reg. 50, No. 138; July 16, 2024
The following guidelines shall be used in disciplinary cases,
				  absent aggravating or mitigating circumstances and subject to the other
				  provisions of this chapter. The disciplinary guidelines are based on a single
				  count violation of each provision listed. All penalties at the upper range of
				  the sanctions set forth in the guidelines, such as suspension and revocation,
				  include lesser penalties such as fine, probation or reprimand. Penalties
				  increase with the severity of the violation and number of repeat violations.
				  For the purposes of this rule, the descriptions of the violations in the table
				  below are abbreviated and the statute or rule cited should be consulted for a
				  complete description of the prohibited conduct.
VIOLATION
PENALTY RANGES
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(1) Section
							 476.194(1)(a),
							 F.S.: Practice barbering without an active license.
(Section
							 476.204(1)(a),
							 F.S.)
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(2) Section
							 476.194(1)(c),
							 F.S.: Obtain or attempt to obtain a license for money other than the required
							 fee or any other thing of value or by fraudulent misrepresentations.
Fine not to exceed $250 and revocation if a license
							 is obtained in this manner
Fine not to exceed $500 and revocation if a license
							 is obtained in this manner
(3) Section 476.194(1)(d)1., F.S.: Own, operate,
							 maintain, open, establish, conduct, or have charge of either alone or with
							 another person or persons, a barbershop which is not licensed under the
							 provisions of this chapter.
(Sections
							 476.184 and
							 476.204(1)(b),
							 F.S., and rule 61G3-19.013, F.A.C.)
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(4) Section 476.194(1)(d)2., F.S.: Own, operate,
							 maintain, open, establish, conduct, or have charge of either alone or with
							 another person or persons, a barbershop in which a person not licensed as a
							 barber is permitted to perform services.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(5) Section
							 476.194(1)(e),
							 F.S.: Use or attempt to use a license to practice barbering when said license
							 is suspended or revoked.
(Section
							 476.204(1)(g),
							 F.S., applicable to revoked license)
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(6) Section
							 476.204(1)(c),
							 F.S.: Permitting an employed person to practice barbering unless duly licensed,
							 or otherwise authorized, as provided in chapter 476, F.S.
(Section
							 476.194(1)(b),
							 F.S.)
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(7) Section
							 476.204(1)(d),
							 F.S.: Presenting as one's own the license of another. Fine to both the
							 unlicensed presentor and the licensed individual who permitted his license to
							 be used in such manner.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(8) Section
							 476.204(1)(e),
							 F.S.: Giving false or forged evidence to the Department in order to obtain a
							 license.
Denial of licensure or, alternatively, if license
							 issued as a result of false information said license to be revoked
Denial of licensure or, alternatively, if license
							 issued as a result of false information said license to be revoked and fine not
							 to exceed $500
(9) Section
							 476.204(1)(f),
							 F.S.: Impersonating any other license holder. Fine to both the impersonator and
							 the individual who permitted the impersonation of himself.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(10) Section
							 476.204(1)(i),
							 F.S.: Violate or refuse to comply with: any provision of chapter 476 or chapter
							 455, F.S., other than those listed in this rule; or, a rule of the Board, other
							 than the rules listed in this rule; or, a final order of the Board.
Fine not to exceed $250
Fine not to exceed $500
(11) Section
							 476.214(1)(a),
							 F.S.: Gross malpractice or gross incompetency in the practice of
							 barbering.
Fine not to exceed $250 and up to suspension
Fine not exceed $500 up to revocation
(12) Section
							 476.214(1)(b),
							 F.S.: Engaging in the practice of barbering while knowingly having an
							 infectious or contagious disease.
Suspension of license until licensee can prove that
							 he or she is no longer infectious or contagious
Fine not to exceed $500 up to revocation
(13) Section
							 455.227(1)(a),
							 F.S.: Making misleading, deceptive, or fraudulent representations in or related
							 to the practice of barbering.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(14) Section
							 455.227(1)(c),
							 F.S.: Being convicted or found guilty of, or entering a plea of guilty or nolo
							 contendere to, regardless of adjudication, a crime in any jurisdiction which
							 relates to the practice of, or the ability to practice, a licensee's
							 profession.
Fine not to exceed $250 up to revocation
Fine not to exceed $500 up to revocation
(15) Section
							 455.227(1)(e),
							 F.S.: Failing to comply with the educational course requirements in section
							 455.2228, F.S., for human
							 immunodeficiency virus and acquired immune deficiency syndrome.
Revocation if license issued
Revocation if license issued
(16) Section
							 455.227(1)(f),
							 F.S.: Having a license or the authority to practice the regulated profession
							 revoked, suspended, or otherwise acted against, including the denial of
							 licensure, by the licensing authority of any jurisdiction, including its
							 agencies or subdivisions, for a violation that would constitute a violation
							 under Florida law.
Denial of licensure when a license has not been
							 issued up to revocation when a license has been issued
Denial of licensure when a license has not been
							 issued up to revocation when a license has been issued
(17) Section
							 455.227(1)(g),
							 F.S.: Having been found liable in a civil proceeding for knowingly filing a
							 false report or complaint with the department against another licensee.
Fine not to exceed $250 up to suspension
Fine not to exceed $500 up to revocation
(18) Section
							 455.227(1)(h),
							 F.S.: Attempting to obtain, obtaining or renewing a license to practice a
							 profession by bribery, by fraudulent misrepresentation, or through an error of
							 the Department or Board.
Denial of licensure or, alternatively, if license
							 issued as a result of false information said license to be revoked
Denial of licensure or, alternatively, if license
							 issued as a result of false information said license to be revoked and fine not
							 to exceed $500.00
(19) Section
							 455.227(1)(i),
							 F.S.: Failing to report to the department any person who the licensee knows is
							 in violation of chapter 476, F.S., or the rules of the Board.
Fine not to exceed $250
Fine not to exceed $500
(20) Section
							 455.227(1)(j),
							 F.S.: Aiding, assisting, procuring, employing, or advising any unlicensed
							 person or entity to practice barbering contrary to chapter 476, F.S., or the
							 rules of the Board.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(21) Section
							 455.227(1)(k),
							 F.S.: Failing to perform any statutory or legal obligation placed upon a
							 licensee.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(22) Section
							 455.227(1)(m),
							 F.S.: employing a trick or scheme in or related to the practice of a
							 profession.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(23) Section
							 455.227(1)(n),
							 F.S.: Exercising influence on the client for the purpose of financial gain of
							 the licensee or a third party.
Fine not to exceed $250
Fine not to exceed $500 up to revocation
(24) Section
							 455.227(1)(o),
							 F.S.: 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.
Fine not to exceed $250 up to suspension
Fine not to exceed $500 up to revocation
(25) Subsection
							 61G3-19.009(1),
							 F.A.C.: Display of barber's license.
Fine not to exceed $50
Fine not to exceed $150 up to probation
(26) Subsection
							 61G3-19.009(2),
							 F.A.C., Display of barbershop's license.
Fine not to exceed $50
Fine not to exceed $150 up to probation
(27) Subsection
							 61G3-19.010(1),
							 F.A.C.: Arrangements for performing barber services outside a licensed
							 shop.
Fine not to exceed $250
Fine not to exceed $500 up to suspension
(28) Subsection
							 61G3-19.010(2),
							 F.A.C.: Performing barber services outside a licensed shop.
Fine not to exceed $250
Fine not to exceed $500 up to suspension
(29) Barbershop Requirements, Sanitation Violations -
							 paragraphs 61G3-19.011(2)(d)
							 -(f), (3), (4), (7)-(11)(a)-(d), and (12)-(15), F.A.C.
(a) One or two rule violations
Fine not to exceed $100
Repeated violation of any one or two sanitary rules -
							 Fine not to exceed $200 up to suspension
(b) Three or more rule violations
Fine not to exceed $200
Repeated violation of any 3 or more of the sanitation
							 rules - Fine not to exceed $400 up to suspension
(30) Barbershop Requirements, Safety, Code, and
							 Structural Violations - paragraphs
							 61G3-19.011(2)(a)
							 -(c), (6), and (15)-(22)(a)-(f), F.A.C.
(a) One or two rule violations
Fine not to exceed $100
Repeated violation of any one or two safety, code,
							 and structural violations - Fine not to exceed $200 up to suspension
(b) Three or more rule violations
Fine not to exceed $200
Repeated violation of any three or more safety, code,
							 and structural violations - Fine not to exceed $400 up to suspension
(31) Rule
							 61G3-19.012, F.A.C., Posting of
							 Barbershop Requirements.
Fine not to exceed $50
Fine not to exceed $150 up to probation
Rulemaking Authority
					 455.2273(1),
					 476.064(4) FS.
					 Law Implemented 455.227(1),
					 (2),
					 455.2273(1),
					 476.204
					 FS.
New 11-25-86, Amended 7-4-90, 12-23-90, Formerly
					 21C-21.001, Amended 10-30-95, 3-29-04, 11-26-09,
					 1-6-19.