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. 187; September 24, 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:
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VIOLATION |
1st OFFENSE |
2nd OFFENSE |
3rd OFFENSE |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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.
