61-5.007: Disciplinary Guidelines for Unlicensed Activity
PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to set administrative penalty guidelines for violations of the unlicensed activity statutes articulated by Chapter 455, F.S., the professional practice acts administered by DBPR.
SUMMARY: The rule creates guidelines for imposing administrative penalties for violations of the unlicensed activity statutes in Chapter 455, F.S., and the professional practice acts administered by DBPR.
SUMMARY OF ESTIMATED REGULATORY COSTS: None. Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.228, Florida Statutes.
LAW IMPLEMENTED: 455.228, Florida Statutes.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: December 11, 2006, 2:30 p.m. - 4:00 p.m.
PLACE: Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 North Monroe Street, Tallahassee, Florida, 32399.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Jennifer A. Tschetter at (850) 488-0062. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer A. Tschetter, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850) 488-0062.
THE FULL TEXT OF THE PROPOSED RULE IS:
61-5.007 Administrative Penalty Guidelines for Unlicensed Activity.
(1) In imposing administrative penalties upon unlicensed persons, the Department of Business and Professional Regulation (hereinafter, “Department”) shall act in accordance with the following guidelines and shall impose a penalty consistent herewith absent the application of aggravating or mitigating circumstances and subject to the provisions of Section 455.228, Florida Statutes.
(2) For the purpose of this rule, the term “license” shall mean the professional license, registration, certificate or certification issued by the Department to authorize the practice of a profession pursuant to a professional practice act administered by the Department.
(3) All penalties established herein are for each count or separate violation found.
(4) In imposing administrative penalties hereunder in cases in which a Notice to Cease and Desist or Order to Cease and Desist has been issued to the unlicensed person prior to the violation(s) currently being prosecuted, the Department shall impose its attorney fees and costs, including the costs of collection, pursuant to Subsection 455.228(1), Florida Statutes.
(5) For using a professional title or designation without holding the requisite license to do so, the following penalties shall apply:
(a) First violation - $2500 administrative fine; and
(b) Second and subsequent violations - $5000 administrative fine.
(6) For advertising or offering to practice a profession without holding the requisite license to do so, the following penalties shall apply:
(a) First violation - $3000 administrative fine; and
(b) Second and subsequent violations - $5000 administrative fine.
(7) For practicing a profession without holding the requisite license to do so, the following penalties shall apply:
(a) First violation - $4000 administrative fine; and
(b) Second and subsequent violations - $5000 administrative fine.
(8) Notwithstanding the foregoing, all second and subsequent violations of Section 489.13,
(9) Circumstances which may be considered for the purposes of mitigation or aggravation of the foregoing penalties shall include, but are not limited to, the following:
(a) Monetary or other damage to the unlicensed person’s customer and/or other persons, in any way associated with the violation, which damage the unlicensed person has not relieved as of the time the penalty is to be assessed.
(b) The severity of the offense.
(c) The danger to the public.
(d) The number of repetitions of offenses.
(e) The number of complaints filed against the unlicensed person.
(f) The length of time the unlicensed person has been engaging in unlicensed activity.
(g) The actual damage, physical or otherwise, to the unlicensed person’s customer.
(h) The deterrent effect of the penalty imposed.
(i) The effect of the penalty upon the unlicensed person’s livelihood.
(j) Any efforts at rehabilitation.
(k) The unlicensed person’s use of an altered license or impersonation of a licensee.
(l) Any other mitigating or aggravating circumstances.
(10) The administrative penalty guidelines established by this rule are only applicable to final orders issued by the Secretary of the Department or his/her appointed designee.
Specific Authority 455.228 FS. Law Implemented 455.228 FS. History – New ___________.