Fla. Admin. Code Ann. R. 5J-17.080 - Citations

The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Agriculture and Consumer Services. The citation shall impose the prescribed fine, and the Department may impose the costs of the investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board.

(1) Citations shall be issued pursuant to Sections 472.0345 and 472.036, F.S. The Department shall only issue citations on "Professional Surveyors and Mappers Uniform Disciplinary Citation" FDACS-10060, Rev. 02/17, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08764.

(2) Citations shall be issued by the Department in accordance with the following procedures:

(a) In lieu of an administrative complaint, the Department may issue a citation based upon a violation of Chapter 472, F.S., which has been designated by rule or statute as an offense for which a citation may be issued.

(b) The citation shall be served on the subject by personal service or by U.S. Mail, certified with return receipt. If the investigation and issuance of a citation was initiated by a consumer complaint, the complainant shall be notified by letter that a complaint has been opened and the citation has been issued.

(c) Citations shall be issued to the subject and shall contain the subject's name and address, the subject's license number if licensed, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure set forth in Section 472.033, F.S.

(3) Once a citation has become a Final Order, it shall be filed in accordance with procedures established for the filing of final orders.

(4) All fines and costs assessed pursuant to a citation shall be due and payable in accordance with the procedures established for payment of fines and costs within thirty (30) days of the date the citation becomes a Final Order.

(5) Citations which have become final orders shall be admissible in any subsequent proceeding based on the violation of statute or rule referenced in the citation as evidence of prior knowledge, or intent, or scheme, or design.

(6) Citations imposing the following designated fines may be issued to licensed persons or entities for the violations listed below under the following conditions:

(a) A licensee's first time violation of the prohibition against false, fraudulent, deceptive or misleading advertising may result in a citation. If a citation is issued, the licensee must pay a fine of $500.00.

(b) A licensee's first time violation of the prohibition against practicing on a delinquent or inactive license shall result in a citation. If a citation is issued, the licensee must pay a fine of $1, 000.00.

(c) A business entity's first time failure to notify the Board within one (1) month of any changes in the business entity's location of offices, its licensed surveyor and mapper in residence, or the names of its principal, along with proof to demonstrate the change in principal, may result in a citation if the licensee fails to correct the violation in response to a notice of noncompliance. If a citation is issued, the business entity must pay a fine of $500.00.

(7) Citations imposing a designated fine may be issued to persons or entities unlicensed by the Department for the violations listed below, under the following conditions:

(a) There has been no prior citation, final order, or Notice and Order to Cease and Desist issued to the subject;

(b) There is no evidence of consumer harm in the current case; and

(c) The subject has not previously held a license to practice the activity at issue.

(8) The Department may issue citations in lieu of administrative complaints for the following unlicensed activities and impose the following penalties:

(a) Advertising or otherwise holding ones self out as available to practice the profession of surveying and mapping, or otherwise provide a service, or engage in any activity that requires licensure. If a citation is issued, the subject must be assessed a fine of $500.00, plus costs of investigation and attorney's fees, if any.

(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in any act or practice, that requires licensure. If a citation is issued, the subject must be assessed a fine of $1, 000.00, plus costs of investigation and attorney's fees, if any.

(9) All citations issued to unlicensed persons under this part shall be accompanied by a Notice and Order to Cease and Desist, as provided by Section 472.036(1), F.S. The Department shall only issue Notice and Orders to Cease and Desist on "Notice to Cease And Desist Unlicensed Professional Surveying and Mapping, " FDACS-10061, Rev. 02/12, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01347.

Notes

Fla. Admin. Code Ann. R. 5J-17.080

Rulemaking Authority 472.008, 472.0345, 472.036 FS. Law Implemented 472.0345, 472.0351, 472.036 FS.

New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96, 10-29-06, 6-11-07, Formerly 61G 17-9.004, Amended 10-17-12, Amended by Florida Register Volume 43, Number 211, October 31, 2017 effective 11/13/2017.

New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96, 10-29-06, 6-11-07, Formerly 61G17-9.004, Amended 10-17-12, 11-13-17.