VIOLATION

RECOMMENDED RANGE OF PENALTY

(a) through (o) No change

(p) Failing to report to the department any person who the licensee knows is in violation of Chapter 468, Part XII, Chapter 455, or the rules of the Board or Department.

(455.277(1)(I), F.S.)

(p)1. In case of an applicant, the usual action of the Board shall be denial or licensure with probation and an administrative fine. In case of the licensee, the usual action of the Board shall be to impose a penalty from reprimand to probation and a fine of up to $2,500 1,500.

(p)2. After the first offense, in the case of an applicant the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from suspension followed by probation to revocation and a fine of up to $5,000.

(q) No change

(r) Practicing or offering to practice beyond the scope of law or competence.

(455.227(1)(o), F.S.)

(r)1. In the case of an applicant, the usual action of the Board shall be licensure with probation and an administrative fine or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from probation to suspension of license and a fine of up to $2,500 1,500.

(r)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from suspension of license followed by probation to revocation and a fine of up to $5,000.

(s) Knowingly delegating professional responsibilities to an unqualified person.

(455.227(1)(p), F.S.)

(s)1. In case of an applicant, the usual action of the Board shall be licensure with probation and an administrative fine or denial. In case of the licensee, the usual action of the Board shall be to impose a penalty from suspension to revocation and a fine of up to $2,500 1,500.

(s)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action shall be to impose a penalty from suspension of license followed by probation to revocation and a fine of up to $5,000.

(t) No change

(u) Failing to lawfully execute the duties and responsibilities specified in this part and in Sections 553.73, 553.781, 553.79 and 553.791, F.S.

(u)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an administrative fine and probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to probation and a fine of up to $2,500 1,500.

(u)2. After the first offense, a minimum of one year’s probation to revocation or denial of licensure, and a fine of up to $3,000 depending on the underlying offense and the magnitude of the violation.

(v) Performing building code inspection services under Section 553.791, F.S., without satisfying the insurance requirements of said section.

(v)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an administrative fine and probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to probation and a fine of up to $2,500 1,500.

(v)2. After the first offense, a minimum of one year’s probation to revocation or denial of license, and a fine of up to $3,000 depending on the underlying offense and the magnitude of the violation.

(3) through (5) No change.