61-32.003: Guidelines for Issuing Citations for Unlicensed Practice of a Profession
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to clarify the guidelines and conditions that must be met before a citation can be issued for engaging in unlicensed practice of a profession.
SUMMARY: The subject area to be addressed in this rule is the guidelines to be followed and the conditions that are to be met before a citation can be issued for engaging in the unlicensed practice of a profession.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency determined that this rule will not have an impact on small business. A statement of estimated regulatory costs was not prepared.
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 FS.
LAW IMPLEMENTED: 455.228 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Green, Unlicensed Activity Administrator, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-2212, (850)487-9518
THE FULL TEXT OF THE PROPOSED RULE IS:
61-32.003 Issuance of Guidelines for Issuing Citations for Unlicensed Practice of a Profession.
(1) Notwithstanding citation rules adopted under applicable practice acts pursuant to Section 455.224, Florida Statutes or F.S., cCitations imposing a designated fine may be issued to persons or businesses not licensed unlicensed by the Department for the violations listed below, under the following conditions:
(a) The subject has received a previous Notice to Cease and Desist for the unlicensed practice of the same profession;
(b)(a) The subject has not received a There has been no prior citation, or final order for the unlicensed practice of the same profession, or Notice and Order to Cease and Desist issued to the subject;
(c)(b) There is no evidence of consumer harm in the current case; and
(d)(c) The subject has not previously held a license to practice the same profession activity at issue.
(2) The Department may issue citations in lieu of administrative complaints for the unlicensed practice of a profession, following activities, and impose the following penalties:
(a) Advertising or otherwise holding ones self out as available to practice a profession, provide a service, or engage in an activity that requires licensure by the Ddepartment. CITATION PENALTY: A fine of $1,000, and costs of the investigation.
(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in a practice, that requires licensure by the Ddepartment. CITATION PENALTY: A fine of $2,500, and costs of the investigation.
(3) All citations issued under this part shall be accompanied by a Notice and Order to Cease and Desist, as provided by Section 455.228(1), F.S.
(3)(4) Citations for the unlicensed practice of a profession shall be either personally hand- served or served by certified mail, restricted delivery, and shall include the following information if available:
(a) Subject’s full name, age and date of birth.
(b) Subject’s driver’s license number, or any other identifying information.
(c) Subject’s last known current residence address.
(d) A brief factual statement of the activity engaged in, the sections provision of law allegedly violated requiring licensure, and the penalty imposed.
(e) A statement that, in lieu of accepting and paying the citation, the subject may choose to proceed in accordance with the administrative procedures in Section 455.225, F.S.
(4) If the subject does not dispute the citation within 30 days after the citation is served, the citation will become a Final Order of the Department.
(5) Payment of an undisputed citation is due within 30 days after the citation has become a final order.
(6) Citations which have become final orders pursuant to Section 445.228, F.S., will be used in any subsequent proceedings as evidence of a prior violation of that statute or rule.
(7) Citations which have become final orders pursuant to Section 445.228, F.S., shall be forwarded to the proper prosecuting authority in accordance with Section 455.2277, F.S.
Rulemaking Specific Authority 455.228(3)(a) FS. Law Implemented 455.224, 455.228 FS. History–New 8-15-05, Amended_________.