RULE NO: RULE TITLE
61-5.007: Disciplinary Guidelines for Unlicensed Activity

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 40, October 9, 2009 issue of the Florida Administrative Weekly.

61-5.007 Disciplinary Guidelines for Unlicensed Activity.

(1) In imposing disciplinary penalties upon unlicensed persons, the Department of Business and Professional Regulation (hereinafter, “Department”) shall act in accordance with the following disciplinary guidelines and shall impose a penalty consistent herewith absent the application of aggravating or mitigating circumstances and subject to the provisions of Sections 455.228 and 489.13, 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) For using a professional title or designation without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $1000 administrative fine;

(b) Second violation – $2500 administrative fine; and

(c) Third and subsequent violations – $5000 administrative fine.

(5) For advertising or offering to practice a profession without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $1500 administrative fine;

(b) Second violation – $3000 administrative fine; and

(c) Third and subsequent violations – $5000 administrative fine.

(6) For practicing a profession without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $3000 $2500 administrative fine;

(b) Second violation – $4000 administrative fine; and

(c) Third and subsequent violations – $5000 administrative fine.

(7) Notwithstanding the foregoing, all third and subsequent violations of Section 489.127(1) 489.13, Florida Statutes, may shall result in the imposition of a $10,000 administrative fine.

(8) Circumstances which may be considered for the purposes of mitigation or aggravation of the foregoing penalties shall include 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.

(9) The disciplinary guidelines established by this rule are only applicable to final orders issued by the Secretary of the Department or his/her appointed designee.

Rulemaking Authority 455.2273 FS. Law Implemented 455.2273, 455.228, 489.127, 489.13 FS. History–New_________.