The Florida Senate

¹246.228  Grounds for disciplinary action; action by the board.--

(1)  The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(a)  Attempting to obtain, obtaining, or renewing a license to operate a school by bribery, by fraudulent misrepresentation, or through an error of the board.

(b)  Having a license to operate a school revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(c)  Pleading nolo contendere to or being found guilty, regardless of adjudication, of a crime in any jurisdiction.

(d)  Aiding, assisting, procuring, or advising any unlicensed person to operate a school contrary to this chapter or to a rule of the board.

(e)  Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.

(f)  Violating any provision of this section or rule of the board, the penalty for which is a disciplinary action set forth in subsection (2), or any lawful order of the board previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the board.

(g)  Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.

(h)  False, deceptive, or misleading advertising.

(i)  Committing other acts prohibited by rule of the board.

(2)  The board shall enter a final order either dismissing the complaint or imposing one or more of the following penalties:

(a)  Denial of an application for licensure.

(b)  Revocation or suspension of a license.

(c)  Imposition of an administrative fine of no less than $100 and no more than $1,000 for each count or separate offense. Such fine shall be deposited in the Institutional Assessment Trust Fund pursuant to s. 246.31.

(d)  Placement of the licensee on probation for a period of time and subject to such conditions as the board may specify.

(e)  Issuance of a written reprimand to the school. Such reprimand shall be posted in a prominent place at the school for such period of time as the board may specify.

History.--ss. 11, 15, ch. 86-275; s. 27, ch. 89-344; s. 79, ch. 91-105; s. 4, ch. 91-429; s. 97, ch. 95-148; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.