Normal Penalty Ranges.

(1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this chapter.

 

PENALTY RANGE

VIOLATION

MINIMUM

MAXIMUM

(a) Rule 9B-72.160(2)(a) 6. F.A.C.  Validator has misrepresented its accreditations or other material information on its application for approval.

 

$5,000 fine and revocation.

 

$10,000  fine and revocation.

 

(b) Rule 9B-72.100(2) F.A.C.  Validating outside the scope of accreditation.

$5,000 fine and revocation.

 

$10,000  fine and revocation.

 

(c) Rule 9B-72.080 (1) or (2) or (3) F.A.C. Verifying, validating or certifying by using fraud, deceit, misleading, or untrue representations of items on validation checklist set forth in Rule 9B-72.130(3) F.A.C.

$5,000 fine and/or probation, or suspension.

 

$10,000 fine and revocation.

 

 

(d) Rule 9B-72.080 (1) or (2) or (3) F.A.C. Failure to sign and seal hard copy of the Validation Checklist and provide it to the Program System Administrator prior to the Commission meeting when the validation entity is a Florida Registered Architect or Professional Engineer.

 

$500 fine and/or probation, or suspension.

 

$5,000 fine and revocation.

 

 

(e) Rule 9B-72.080 (1) or (2) or (3) F.A.C.

Failure by the validation entity to retain all documentation of the product applications (test reports, calculations, samples, etc.) as required by Florida statutes or as long as the products are approved, based on their validation, whichever is longer.

 

$5,000 fine and/or probation, or suspension.

 

$10,000 fine and revocation.

 

 

(f) Rule 9B-72.160(2)(a) 1.  Or 2. F.A.C.  Validating while license and or accreditation is not current.

$5,000 fine and/or probation or suspension.

$10,000 fine and revocation.

(g) Rule 9B-72.160(2)(a) 3. F.A.C. Determination that any provision of Rule 9B-72 has been violated.

$5,000 fine and/or probation or suspension.

$10,000 fine and revocation.

(h) Rule 9B-72.160(2)(a) 4. F.A.C. Determination that the criteria for independence from any manufacturer set forth in Rule 9B-72.110, F.A.C., has been violated.

$2,500 fine and/or probation or suspension.

 

$10,000 fine and revocation.

 

(i) Rule 9B-72.160(2)(a) 7. F.A.C.

Failure to conduct investigations of products authorized by Rule 9B-72.170, F.A.C.

 

$5,000 fine and/or probation or suspension.

 

$10,000 fine and revocation.