Notice of Change/Withdrawal

Council of Medical Physicists
64B23-6.001: Penalties
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 11, March 16, 2007 issue of the Florida Administrative Weekly.

The changes are in response to comments from staff of the Joint Administrative Procedures Committee and are as follows:

(1) Unless mitigating or aggravating factors are present, when the Department finds an applicant or licensee whom it regulates under Chapter 483, Part IV, F.S., has committed any of the acts set forth in Section 483.901(6), F.S., it shall issue a final order imposing appropriate penalties based on the severity and repetition of the violation within the ranges recommended in the following disciplinary guidelines. The identification of violations is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. Any of the listed violations provide sufficient grounds for denying a licensure application. A finding of financial benefit or self-gain related to the violation is grounds for requiring the person charged with a violation to refund fees billed and collected from a patient or third party in addition to any other appropriate penalties imposed by this rule. In addition to any other discipline imposed, the Department shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of the penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Department shall impose a fine of $10,000 per count or offense.

(a) Section 483.901(6)(g)1. or 456.072(1)(h), F.S.: Attempting to obtain, obtaining or renewing a license to practice medical physics by bribery, by fraudulent misrepresentation, or through an error of the Department.

Bribery and concealment of material fact not amounting to fraud – from a minimum fine of $500 and/or up to two years of probation to a maximum of revocation. For a second or subsequent violation, revocation and a maximum fine of $10,000.

Fraud, knowing or fraudulent misrepresentation – from six months probation and a fine of $10,000 to a maximum of revocation and a fine of $10,000. For a second or subsequent violation, revocation and a fine of $10,000.

Department error – from a letter of concern and/or a fine of $500, up to a maximum of suspension of license for one year, followed by two years of probation, and a fine of $5,000. For a second or subsequent violation, from a minimum fine of $5,000 to revocation.

(b) through (c) No change.

(d) Sections 483.901(6)(g)4, 456.072(1)(g) or 456.072(1)(l), F.S.: False reporting or other reporting violations – from a minimum fine of $3,000 and/or suspension of license for three months followed by six months probation up to a maximum of revocation and/or a fine of $7,500. For a second or subsequent violation, up to a maximum fine of $10,000 and/or revocation.

(e) through (z) No change.

(2) No change.