Fla. Admin. Code Ann. R. 64E-18.008 - Disciplinary Guidelines
(1) The following
guidelines shall be used in disciplinary cases subject to other provisions of
this rule.
(a) Knowingly authorizing or
approving the construction, modification, installation, repair, use, or
operation of a facility, structure, or device which does not meet health and
sanitary standards as set forth in Chapter 500, 386, or 381, F.S., or Chapter
64E-6 or 64E-11, F.A.C., as they are applicable to the facility, the structure,
or the device. First violation, letter of warning; second violation, $250.00
fine; repeat violation, 90 day suspension.
(b) Falsifying or providing written or verbal
reports of inspections or evaluations which do not reflect the actual
conditions observed or violations found at a site or within a facility. First
violation, letter of warning; second violation, $250.00 fine; repeat violation,
30 day suspension.
(c) Allowing the
continued existence of a sanitary nuisance without initiating efforts to obtain
corrections. First violation, letter of warning; second violation, $250.00
fine; repeat violation, 30 day suspension.
(d) Directing a subordinate or coworker to
violate rules and standards of the department relative to the provision of
environmental health services as set forth in Chapter 500, 386, or 381, F.S.,
or Chapter 64E-6 or 64E-11, F.A.C. First violation, letter of warning; second
violation, $250.00 fine; repeat violation, $500 fine and 90 day
suspension.
(e) Providing primary
environmental health services without obtaining prior certification from the
department, offering to provide primary environmental health services without
maintaining a current certification. First violation, letter of warning; second
violation, $250.00 fine; repeat violation, $500.00 fine.
(f) Providing primary environmental health
services with an expired or inactive certificate. First violation, letter of
warning; second violation, $250 fine; repeat violation, $500 fine.
(g) Aiding or abetting evasion of Chapters
381, 386, 489 Part III, and 500, F.S., Chapter 64E-6 or 64E-11, F.A.C.,
promulgated thereunder. First violation, letter of warning; second violation,
$250 fine; repeat violation, $500 fine and 90 day suspension.
(h) Obtaining a certificate through fraud,
misrepresentation, or concealment of material facts. Revocation.
(i) Gross negligence, incompetence, or
misconduct which:
1. Causes no monetary or
other harm to an individual or the public, or physical harm to any person.
First violation, letter of warning; second violation, $250.00 fine; repeat
violation, 30 day suspension.
2.
Causes monetary or other harm to an individual or the public, or physical harm
to any person. First violation, letter of warning; second violation, $250.00
fine; repeat violation, 30 day suspension.
(j) Use of improper procedures or methodology
to perform work, or a violation of subsection (1), above. First violation,
letter of warning; second violation, $250.00 fine; repeat violation, $250.00
fine and 30 day suspension.
(2) Circumstances which will be considered
for the purposes of determinig a penalty shall include the following:
(a) Monetary or other damage to the public or
an individual, in any way associated with the violation, which damage the
certified professional has not relieved, as of the time the penalty is to be
assessed.
(b) The severity of the
offense as recommended by the Environmental Health Professional Advisory Board
and approved by the Division of Environmental Health.
(c) The danger to the public.
(d) The number of repetitions of the
offense.
(e) The number of
complaints filed against the individual.
(f) The length of time the environmental
health professional has practiced.
(g) The actual damage, physical or otherwise,
to the individual or the public.
(h) Any efforts at
rehabilitation.
(3) Where
several of the above violations shall occur in one or several cases being
considered together, the penalties shall normally be cumulative and
consecutive.
Notes
Rulemaking Authority 381.0101 (5) FS. Law Implemented 381.0012, 381.0061(1), 381.0101(3), (4), (5), (8) FS.
New 9-21-94, Amended 8-20-96, Formerly 10D-123.008, Amended 3-2-98, 8-21-05.
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