Fla. Admin. Code Ann. R. 59A-26.003 - Classification of Deficiencies

(1) Violations of Chapter 400, Part VIII, and Chapter 408, Part II, F.S., shall be classified according to the nature of the violation and the gravity of its probable effect on clients as required in Section 408.813(2), F.S. Violations shall be classified on the written notice as follows:

(a) A class I deficiency is subject to a civil penalty of $5, 000 for an isolated deficiency, $7500 for a patterned deficiency and $10, 000 for a widespread deficiency. A fine may be levied notwithstanding the correction of the deficiency.

(b) A class II deficiency is subject to a civil penalty of $1, 000 for an isolated deficiency, $3000 for a patterned deficiency and $5, 000 for a widespread deficiency. A citation for a class II deficiency shall specify the time within which the deficiency must be corrected.

(c) A class III deficiency is subject to a civil penalty of $500 for an isolated deficiency, $750 for a patterned deficiency and $1, 000 for a widespread deficiency. A citation for a class III deficiency shall specify the time within which the deficiency must be corrected. If a class III deficiency is corrected within the time specified, no civil penalty shall be imposed, unless it is a repeated offense.

(d) A class IV deficiency is subject to a civil penalty of $100 for an isolated deficiency, $300 for a patterned deficiency and $500 for a widespread deficiency. If a class IV violation is corrected within the time specified, a fine may not be imposed.

Notes

Fla. Admin. Code Ann. R. 59A-26.003

Rulemaking Authority 400.967, 408.813, 408.819 FS. Law Implemented 400.967(3), 408.813, 408.815 FS.

Adopted by Florida Register Volume 41, Number 236, December 8, 2015 effective 12/21/2015.

New 12-21-15.