(1) Purpose. Pursuant to Florida Statutes § 455.2273, the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Florida Statutes Chapter 468, Part XII The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given in Fl. Admin. Code R. 61G19-5.003 The ranges of penalties provided below include the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.
    (2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.569 and 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
VIOLATION
RECOMMENDED RANGE OF PENALTY
(a) Violating or failing to comply with any provision of this part, Florida Statutes Chapter 455, or a valid rule or lawful order of the board or department, or subpoena of the department.
(Sections 468.621(1)(a), F.S., 455.227(1)(b) and (q), F.S.)
(a)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and one year’s probation to denial of the application; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(a)2. After the first offense, a minimum of one year’s probation up to revocation or denial of licensure, and an administrative fine of $2,500 up to $5,000 depending on the underlying offense and the magnitude of the violation.
(b) Obtaining certificate through fraud, deceit, or perjury.
(Sections 468.621(1)(b), 455.227(1)(h), F.S.)
The usual action of the Board shall be to impose a penalty of revocation and a fine of $2,500.
(c) Knowingly assisting any person to unlawfully practice building code administration, inspecting, or plans examination contrary to the provisions of this part or the building code adopted by the enforcement authority governing that person.
(Sections 468.621(1)(c), 455.227(1)(j), F.S.)
(c)1. In the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and one year’s probation to denial of the application. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to one year’s suspension and a fine of $1,000 up to $2,500.

(c)2. After the first offense, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $2,500 up to $5,000.
(d) Having been convicted of a felony.
(Sections 468.621(1)(d), F.S.)
(d)1. In the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and one year’s probation to denial of the application.
In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.

(d)2. For a second offense in the case of an applicant, the usual action of the Board shall be from licensure with an $1,000 administrative fine and suspension of 30 days followed by two year’s probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension followed by one year’s probation with conditions to revocation and a fine of $2,500 up to $5,000.

(d)3. After the second offense, the usual action of the Board shall be revocation and a fine of $5,000.
(e) Guilt of or nolo plea entered to a crime directly related to building code administration or inspection.
(Sections 468.621(1)(e), 455.227(1)(c), F.S.)
(e)1. 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 one year’s suspension to revocation and a fine of $1,000 up to $2,500.

(e)2. After the first offense, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
(f) Knowingly making or filing a false report or failing to file a report as required.
(Sections 468.621(1)(f), 455.227(1)(l), F.S.)
(f)1. In the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and 30-day suspension followed by one year’s probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a 30 day period of suspension to be followed by one year’s probation and a fine of $1,000 up to $2,500.

(f)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 revocation and a fine of $5,000.
(g) Committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property.
(Sections 468.621(1)(g), F.S.)

1. Negligence
1.a. In the case of an applicant, the usual action of the Board shall be from licensure with one year’s probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to 30 day’s suspension and a fine of $1,000 up to $2,500.

1.b. For a second offense in the case of an applicant, the usual action of the Board shall be from one year’s probation to denial and a $1,000 administrative fine. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension followed by one year’s probation and a fine of $2,500 up to $5,000.

1.c. After the second offense, the usual action of the Board shall be revocation and a fine of $5,000.
2. Gross or repeated negligence, or gross misconduct.
2.a. 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 one year’s suspension to revocation and a fine of $1,000 up to $2,500.

2.b. After the first offense, the usual action of the Board shall be revocation and a fine of $2,500 up to $5,000.
3. Willful misconduct.
3.a. 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 of revocation and fine of $2,500.
(h) Making misleading, deceptive or fraudulent representations.
(Sections 455.227(1)(a) and (m), F.S.)
3.b. After the first offense, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
1. Misleading or deceptive.
1.a. In the case of an applicant, the usual action of the Board shall be licensure with a $1,000 administrative fine and one year’s probation or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

1.b. 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 penalty shall be six months’ suspension to revocation and a fine of $2,500 up to $5,000.
2. Fraudulent.
2.a. 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 one year’s suspension to revocation, a fine of $2,500.

2.b. After the first offense, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
(i) Present as his or her own the certificate of another.
(Sections 468.629(1)(c), 468.621(1)(a), F.S.)
In the case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
(j) Give false or forged evidence for the purpose of obtaining a certificate.
(Sections 468.629(1)(d), 468.621(1)(a), F.S.)
In the case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
(k) Use or attempt to use a certificate that has been suspended or revoked.
(Sections 468.629(1)(e), 468.621(1)(a), F.S.)
In case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
(l) Threaten, coerce, trick, persuade, or otherwise influence or to attempt to do so, any certificate holder to violate Florida Statutes Chapter 468, Part XIII
(Sections 468.629(1)(f), 468.621(1)(a), F.S.)
(l)1. In case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of one year’s suspension followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.

(l)2. After the first offense, the usual penalty shall be revocation and a fine of $5,000.
(m) Offer compensation to a certificate holder to induce violation of law or local building code.
(Sections 468.629(1)(g), 468.621(1)(a), F.S.)
In case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.
(n) Practicing as a building code administrator, plans examiner, or inspector without a valid active certificate.
(Sections 468.607, 468.621(1)(a), F.S.)
(n)1. In the case of an applicant, the usual action of the Board shall be licensure with an administrative fine and probation or denial. In the case of a licensee, the usual action by the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(n)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. For a licensee, the penalty shall be revocation and a fine of $5,000.
(o) Having the authority to practice revoked or acted against, including the denial of licensure.
(Section 455.227(1)(f), F.S.)
(o)1. Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida or one year’s suspension or for an applicant licensure with a $1,000 administrative fine and one year’s probation or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine of $1,000 up to $2,500.

(o)2. After the first offense, from imposition of discipline comparable to that which would have been imposed if a second or higher substantive violation had occurred in Florida to revocation or for an applicant from one year’s probation to denial of license and an administrative fine of $1,000 up to $2,500.
(p) Failing to report to the department any violation of Chapters 468, Part XII, and 455, F.S., or the rules of the Board or Department.
(Section 455.277(1)(i), F.S.)
(p)1. In case of an applicant, the usual action shall be denial or licensure with probation and an administrative fine of $500 to $1,000. In case of the licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(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 one year’s suspension followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.
(q) Failing to perform any statutory or legal obligations.
(Section 455.227(1)(k), F.S.)
(q)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with a $1,000 administrative fine and one year’s probation to denial; in the case of a licensee, the usual action of the board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(q)2. After the first offense unless otherwise specified in this rule, the usual action of the Board shall be denial in the case of an applicant; in the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to revocation and a fine of $2,500 up to $5,000.
(r) Practicing or offering to practice beyond the scope of law or competence.
(Section 455.227(1)(o), F.S.)
(r)1. In the case of an applicant, the usual action of the Board shall be licensure with one year’s probation and a $1,000 administrative fine or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to one year’s suspension of license and a fine of $1,000 up to $2,500.

(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 one year’s suspension of license followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.
(s) Knowingly delegating professional responsibilities to an unqualified person.
(Section 455.227(1)(p), F.S.)
(s)1. In case of an applicant, the usual action of the Board shall be licensure with one year’s probation and a $1,000 administrative fine or denial. In case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.

(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 one year’s suspension of license followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.
(t) Improperly interfering with an investigation, inspection, or disciplinary proceeding.
(Section 455.277(1)(r), F.S.)
(t) The usual action of the Board shall be denial or revocation of license with ability to reapply upon payment of an administrative fine of $2,500 up to $5,000 to denial or revocation of license without ability to reapply.
(u) Failing to lawfully execute the duties and responsibilities specified in Florida Statutes Chapter 468, Part XII, 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 one year’s probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(u)2. After the first offense, a minimum of one year’s probation to revocation or denial of licensure, and a fine of $1,000 up to $3,000 depending on the underlying offense and the magnitude of the violation.
(v) Performing building code inspection services under Florida Statutes § 553.791, 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 a $1,000 administrative fine and one year’s probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(v)2. After the first offense, a minimum of one year’s probation to revocation or denial of license, and a fine of $1,000 up to $3,000 depending on the underlying offense and the magnitude of the violation.
(w) Failing to report in writing to the Board within thirty (30) days a conviction, guilty verdict, or plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.
(w)1. For late reporting of a conviction, guilty verdict or plea, a $500 administrative fine.

(w)2. For failure to report a conviction, guilty verdict or plea, a $1,000 administrative fine.

(w)3. For failure to report a crime directly related to building code administration or inspection, open a new case pursuant to paragraph (2)(e), and failure to report shall be considered an aggravating factor.
    (3) Stipulation or Settlement. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Florida Statutes § 120.57(4)
    (4) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Agency to send a letter of guidance pursuant to Florida Statutes § 455.225(4), in any case for which it finds such action appropriate.
    (5) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Agency pursue collateral civil or criminal actions when appropriate.
Rulemaking Authority 455.227, 455.2273, 468.606 FS. Law Implemented 455.227, 455.2273, 468.607, 468.621, 468.629 FS. History-New 5-23-94, Amended 8-14-96, 8-3-97, 11-2-00, 4-10-06, 1-10-07, 9-20-09, 6-1-10, 2-1-12, 7-31-23.