Section 62-602.850 - Disciplinary GuidelinesWhen the Department finds that a person who is subject to regulation under Sections 403.865 through 403.876, F.S., has violated any of the provisions set forth in Rule 62-602.800 or 62-602.870, F.A.C., or Sections 403.865 through 403.876, F.S., it shall issue an administrative order imposing appropriate penalties for each count within the ranges recommended in the following disciplinary guidelines:
(1) Performing the duties of an operator without an active license. The recommended penalty is an administrative fine of a minimum of $100 for each month of performance, up to a maximum of $1,000.00.(2) Use of the name or title "water treatment plant operator, " "domestic wastewater treatment plant operator, " or "water distribution system operator, " or any other words, letters, abbreviations, or insignia indicating or implying that a person is a licensed operator, or otherwise holds himself out as an operator, unless the person is a holder of a valid license. The recommended penalty is an administrative fine of a minimum of $250.00, up to a maximum of $1,000.00.(3) Knowingly allowing the use or failing to report the use of his or her own license, as the license of another. The recommended penalty is from a minimum of a 1 year suspension, up to a maximum of revocation of the operator's license.(4) Knowingly or negligently submitting misleading, false, inaccurate, or forged information or evidence to the Department. The recommended penalty for an applicant not already licensed as an operator is denial of the application and prohibition of reapplication from a minimum of 2 years, up to a maximum of 3 years. The recommended penalty for an operator shall be revocation of the operator's license and prohibition of reapplication for a minimum of 2 years, up to a maximum of permanent revocation of the operator's license.(5) Using or attempting to use a license that has been suspended, revoked, or placed on inactive status. The recommended penalty for practicing on an inactive license is a fine of $100.00 for each month of practice up to $1,000.00. The recommended penalty for practicing on a suspended license is from a minimum of a $1,000.00 fine, up to a maximum of an additional 1 year suspension. The recommended penalty for practicing on a revoked license is denial of application for license for a minimum of 3 years, up to a maximum of 5 years, and a referral to the state attorney for criminal sanctions.(6) Employing unlicensed persons to perform the duties of an operator or fulfilling, or employing persons to fulfill, operator staffing requirements under Chapter 62-699, F.A.C., without an active license of the appropriate type and appropriate class or level. The recommended penalty is an administrative fine of a minimum of $500.00, up to a maximum of $1,000.00.(7) Concealing information relative to any violation of this rule. The recommended penalty is the imposition of an administrative fine of a minimum of $500.00, up to a maximum of $1,000.00; and suspension of license from a minimum of 1 year, up to license revocation. The actual penalty imposed depends upon the severity of the violation to cause plant upset, produce drinking water that does not meet the applicable requirements, or endanger the safety of plant employees or the public.(8) Failure to comply with the provisions of Rule 62-602.650, F.A.C. The recommended penalty for failure to submit reports in a timely manner, or to maintain operation and maintenance logs, as required by Rule 62-602.650, F.A.C., is from a minimum issuance of a probation letter to a maximum administrative fine of $100.00 per day of the occurrence up to a maximum of $1,000.00 for the offense. The recommended penalty for failure to report unpermitted discharges, interruption of service, plant upsets, or the failure to report the production of drinking water that does not meet the applicable requirements is from a minimum of a suspension of license of 1 year, up to a maximum of revocation of license. The recommended penalty for failure to perform treatment plant or water distribution system operation in a manner consistent with standard operating practices, or failure to comply with any other provision of Rule 62-602.650, F.A.C., is from a minimum administrative fine of $100 per day of the occurrence up to a maximum of $1,000.00 for the offense.(9) Checks for licensure, license renewal, examination returned for insufficient funds. The recommended penalty is suspension of license until the full fees are received, including the charge for insufficient funds.Fla. Admin. Code Ann. R. 62-602.850
Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.875, 403.876 FS.
New 12-30-99, Amended 2-6-02, 10-15-07.New 12-30-99, Amended 2-6-02, 10-15-07.