Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.002 - Violations and Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) In imposing
				disciplinary penalties upon licensees, the board shall act in accordance with
				the following disciplinary guidelines and shall impose a penalty corresponding
				to the violations set forth below absent aggravating and mitigating
				circumstances and subject to the other provisions of Chapters 455 and 489, Part
				II, F.S.: The cited statutory language is intended to provide a description of
				the violation and is not a complete statement of the violation; the complete
				statement may be found in the statutory provision cited following the violation
				description.
(2) The minimum
				penalty range is based upon a first time single count violation of each
				provision listed. The maximum penalty range is based upon repeated violations
				of the same provision of Chapters 455 and 489, Part II, F.S., or the rules
				promulgated thereto. All penalties at the upper range of the sanctions set
				forth in the guidelines, i.e., suspension, revocation, etc., include lesser
				penalties, i.e., fine, probation or reprimand which may be included in the
				final penalty at the board's discretion. Probation may be subject to
				conditions, including restriction from practice in certain settings,
				restricting the licensee to working only under designated conditions or in
				certain settings, requiring continuing or remedial education, or any other
				restriction found to be necessary for the protection of the public health,
				safety and welfare. In addition to any other discipline imposed under these
				guidelines, the board may require restitution to a consumer and or assess costs
				relating to the investigation and prosecution of the case.
(3) The following disciplinary guidelines
				shall be followed by the board in imposing disciplinary penalties upon
				licensees for violation of the below mentioned statutes and rules:
VIOLATION
1st OFFENSE
2nd OFFENSE
3rd OFFENSE
(a) Section
							 489.533(1)(a),
							 F.S., failure to comply with any provision of Chapter 455, F.S., Section
							 489.533(1)(o),
							 F.S., failing to materially comply with provisions of Chapter 489, Part II,
							 F.S., or board rules; Section
							 455.227(1)(q),
							 F.S., violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules,
							 DBPR or Board Order, or subpoena; Section
							 455.227(1)(b),
							 F.S., intentionally violating a rule of the board or department.
From reprimand and $500 to $1, 000 fine, up to
							 probation or denial.
From reprimand and $1, 000 to $2, 500 fine up to
							 suspension followed by probation, or revocation.
$2, 500 to $5, 000 fine and/or revocation.
(b) Section
							 489.533(1)(b),
							 F.S., Section 455.227(1)(h),
							 F.S., attempting to procure a license by bribery or fraudulent or willful
							 misrepresentations.
Denial or revocation and $1, 000 fine.
Revocation and $5, 000 fine.
Section
							 489.533(1)(b),
							 F.S. revocation and $10, 000 fine.
(c) Section
							 489.533(1)(c),
							 F.S., (Section 455.227(1)(f),
							 F.S.), having a license to practice acted against by another
							 jurisdiction.
Discipline comparable to that of the other
							 jurisdiction or discipline consistent with the same violation in
							 Florida.
Discipline comparable to that of the other
							 jurisdiction or discipline consistent with the same violation in
							 Florida.
Discipline comparable to that of the other
							 jurisdiction or discipline consistent with the same violation in
							 Florida.
(d) Section
							 489.533(1)(d),
							 F.S., Section 455.227(1)(c),
							 F.S., being convicted of or entering a plea to a crime related to the
							 practice.
Section
							 489.533(1)(d),
							 F.S. From reprimand and/or $250 to $1, 000 fine, up to probation or denial or
							 revocation.
Section
							 489.533(1)(d),
							 F.S. From reprimand and a $1, 000 to $5, 000 fine up to suspension followed by
							 probation or revocation.
Section
							 489.533(1)(d),
							 F.S. From $5, 000 to $10, 000 fine and/or revocation.
(e) Section
							 489.533(1)(e),
							 F.S., Section 455.227(1)(l),
							 F.S., making or filing a false report.
From reprimand and $250 to $1, 000 fine, up to
							 probation.
From $1, 000 to $5, 000 fine and suspension followed
							 by probation, or revocation.
Section
							 489.533(1)(e),
							 F.S.: From $5, 000 to $10, 000 fine and/or revocation.
(f) Section
							 489.533(1)(f),
							 F.S., committing fraud, negligence or misconduct.
From reprimand and $1, 000 to $3, 000 fine and or
							 probation.
From $5, 000 to $10, 000 fine and or suspension
							 followed by probation or revocation.
Revocation and/or $10, 000 fine.
(g) Section
							 489.533(1)(g),
							 F.S., violating Chapter 633, F.S., or rules of State Fire Marshal.
From $1, 000 to $2, 500 fine, up to probation or
							 denial.
From $3, 000 to $5, 000 fine up to suspension
							 followed by probation or revocation.
Revocation and/or $10, 000 fine.
(h) Section
							 489.533(1)(h),
							 F.S., practicing on revoked, suspended, inactive or delinquent license.
Delinquent: $250 fine, and/or probation or
							 revocation.
Inactive, Revoked or Suspended: From reprimand and
							 $1, 000 to $5, 000 fine, up to probation, or denial or revocation.
Delinquent: From reprimand and $500 to $1, 000 fine,
							 up to, suspension followed by probation or revocation.
Inactive, Revoked or Suspended: From reprimand and
							 $5, 000 to $10, 000 fine, up to suspension followed by probation or
							 revocation.
Delinquent: $1, 000 to $5, 000 fine, and/or
							 suspension or revocation.
Inactive, Revoked or Suspended: $10, 000 fine and/or
							 revocation.
(i) Section
							 489.533(1)(i),
							 F.S., violating the applicable building codes or laws of the state,
							 municipality or county.
From reprimand and $500 to $2, 000 fine, up to
							 probation or denial.
From reprimand and $2, 500 to $5, 000 fine, up to
							 suspension followed by probation.
$5, 000 to $10, 000 fine, and/or revocation.
(j) Section
							 489.533(1)(j),
							 F.S., Section 455.227(1)(j),
							 F.S., assisting in unlicensed practice. Section
							 489.533(1)(k),
							 F.S., knowingly aiding unlicensed practice by combining or conspiring.
From reprimand and $2, 000 to $5, 000 fine, up to
							 suspension followed by probation, or denial.
$5, 000 to $10, 000 fine, and/or revocation.
From $10, 000 fine and revocation.
(k) Section
							 489.533(1)(l),
							 F.S., acting in a name not on the license or failure to properly qualify a
							 firm.
From reprimand and $500 to $1, 000 fine.
From reprimand and $1, 000 to $2, 500 fine, up to
							 probation.
$5, 000 to $10, 000 fine, up to suspension followed
							 by probation or revocation.
(l) Section
							 489.533(1)(m),
							 F.S., financial mismanagement or misconduct.
$1, 000 to $2, 500 fine, up to probation, or denial
							 or revocation.
From reprimand and $3, 000 to $7, 500 fine up to
							 suspension followed by probation, or revocation.
$10, 000 fine and suspension followed by probation,
							 or revocation.
(m) Section
							 489.533(1)(n),
							 F.S., discipline by municipality or county.
Penalty for violation most closely approximating act
							 underlying local discipline.
Penalty for violation most closely approximating act
							 underlying local discipline.
Penalty for violation most closely approximating act
							 underlying local discipline.
(n) Section
							 489.533(1)(p),
							 F.S., abandoning a project.
From reprimand and $1, 000 to $2, 500 fine, up to
							 probation, or denial or revocation.
From reprimand and $2, 500 to $5, 000 fine up to
							 suspension followed by probation or revocation.
$5, 000 to $10, 000 fine and/or revocation.
(o) Section
							 489.533(1)(q),
							 F.S., failing to affix a registration or certification number as required by
							 Section 489.521(7),
							 F.S.
From $100 to $250 fine.
From $250 to $400 fine.
From reprimand and $500 to $1, 000 fine.
(p) Section
							 489.533(1)(r),
							 F.S., proceeding on job without obtaining local building permits or
							 inspections.
From $100 to $2, 500 fine, up to probation,
							 suspension followed by probation, or denial or revocation.
From $500 to $5, 000 fine, up to probation,
							 suspension followed by probation, or denial or revocation.
From $1, 000 to $5, 000 fine, up to probation,
							 suspension followed by probation, or denial or revocation.
(q) Section
							 489.533(1)(s),
							 F.S., Section 455.227(1)(o),
							 F.S., practicing beyond scope of license.
Geographical: From $100 to $250 fine. Occupational:
							 From $1, 000 to $2, 500 fine, up to suspension followed by probation, or denial
							 or revocation.
Geographical: From $1, 500 to $2, 500 fine, up to
							 probation, suspension followed by probation, or denial or revocation.
Occupational: From $2, 500 to $5, 000 fine, up to
							 suspension followed by probation, or denial or revocation.
Geographical: From $2, 500 to $5, 000 fine,
							 suspension followed by probation up to revocation.
Occupational: Section
							 489.533(1)(s),
							 F.S. From $5, 000 to $10, 000 fine, up to suspension followed by probation, or
							 denial or revocation.
Section
							 455.227(l)(o),
							 F.S. From $5, 000 fine, up to suspension followed by probation, or denial or
							 revocation.
(r) Section
							 455.227(1)(a),
							 F.S., making misleading, deceptive or fraudulent representations in or related
							 to the practice. Section
							 455.227(1)(m),
							 F.S., making deceptive, untrue or fraudulent representations or employing a
							 trick or scheme in practice of the profession.
From reprimand and $1, 000 to $5, 000 fine and or
							 probation or suspension followed by probation.
$5, 000 fine and or suspension followed by probation
							 or revocation.
Revocation and $5, 000 fine.
(s) Section
							 455.227(1)(g),
							 F.S., having been found liable in civil court for filing false report or
							 complaint against another licensee.
From $1, 000 to $3, 000 fine, up to probation or
							 denial.
From reprimand and $2, 500 to $5, 000 fine up to
							 suspension followed by probation.
From $5, 000 fine and suspension followed by
							 probation or revocation.
(t) Section
							 455.227(1)(i),
							 F.S., failing to report to the Department any person in violation of Chapters
							 455, and 489, Part II, F.S., or Board rules.
From $500 fine, up to probation or denial.
From reprimand and $750 to $1, 500 fine, up to
							 suspension followed by probation.
From $2, 000 to $5, 000 fine, up to suspension
							 followed by probation or revocation.
(u) Section
							 455.227(1)(k),
							 F.S., failure to perform any statutory or legal obligation.
From $1, 000 to $2, 500 fine, up to probation,
							 suspension followed by probation, or denial or revocation.
From $2, 500 to $5, 000 fine, up to probation,
							 suspension followed by probation, or denial or revocation.
From $5, 000 fine, up to probation, suspension
							 followed by probation, or denial or revocation.
(z) Section
							 455.227(1)(n),
							 F.S., exercising influence on patient or client for gain of licensee or third
							 party.
From reprimand and $500 to $2, 500 fine, up to
							 probation or suspension followed by probation.
From $2, 500 to $5, 000 fine and probation, or
							 suspension followed by probation, or denial or revocation.
$5, 000 fine and revocation.
(w) Section
							 455.227(1)(p),
							 F.S., improper delegation of professional responsibilities.
From $250 to $1, 000 fine, up to probation or
							 denial.
From reprimand and $1, 000 to $2, 500 fine, up to
							 suspension followed by probation.
From $2, 500 to $5, 000 fine, up to suspension
							 followed by probation or revocation.
(x) Section
							 455.227(1)(t),
							 F.S., failing to report to Board, in writing, criminal plea or conviction
							 within 30 days.
From reprimand and $500 to $1, 000 fine or
							 denial.
From $2, 000 to $5, 000 fine up to suspension.
$5, 000 fine and/or revocation.
(y) Section
							 455.227(1)(r),
							 F.S., improperly interfering with an investigation or inspection authorized by
							 statute, or with any disciplinary proceeding.
From $1, 000 to $5, 000 fine, up to probation or
							 denial.
From reprimand and $5, 000 fine, up to suspension
							 followed by probation, or revocation.
$5, 000 fine and suspension, up to revocation.
Rulemaking Authority
					 455.2273(1),
					 489.507(3) FS.
					 Law Implemented 455.227,
					 455.2273,
					 489.533
					 FS.
New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002,
					 Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, 6-15-17,
					 4-9-24.