The Board proposes the rule amendments to clarify the legal responsibilities under Sections 553.73, 553.781, 553.79 and 553.791, F.S.; and, to set forth the insurance requirements under Section 553.791, F.S.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NO.: RULE TITLE:

61G19-5.002 Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendments to clarify the legal responsibilities under Sections 553.73, 553.781, 553.79 and 553.791, F.S.; and, to set forth the insurance requirements under Section 553.791, F.S.

SUMMARY: The proposed rule amendments address the violations and penalties for failure to comply with the statutory provisions of Sections 553.73, 553.781, 553.79 and 553.791, F.S., including insurance requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 455.227 FS., 455.2273 FS., 468.606 FS.

LAW IMPLEMENTED: 455.227 FS., 455.2273 FS., 468.607 FS., 468.621 FS., 468.629 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G19-5.002 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.569 and 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:

VIOLATION	RECOMMENDED RANGE OF
PENALTY
(a) through (t) No change.
(u) Failing to lawfully execute the	(u)1. Unless otherwise specified in this
duties and responsibilities specified	rule, in the case of an applicant, the
in this part and in ss. 553.73,	usual action of the Board shall be from
553.781, 553.79 and 553.791, F.S.	licensure with an administrative fine
and probation to denial; in the case of
a licensee, the usual action of the Board
shall be to impose a penalty from
reprimand to probation and a fine of up
to $1,000.
(u)2. After the first offense, a minimum
of one year's probation to revocation or
denial of licensure, and a fine of up to
$3,000 depending on the underlying
offense and the magnitude of the
violation.
(2)(v) Performing building code	(v)1. Unless otherwise specified in this
inspection services under s. 553.791,	rule, in the case of an applicant, the
F.S., without satisfying the insurance	usual action of the Board shall be from
requirements of said section.	licensure with an administrative fine and probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to probation and a fine of up to $1,000.
(v)2. After the first offense, a minimum
of one year's probation to revocation or
denial of license, and a fine of up to
$3,000 depending on the underlying
offense and the magnitude of the violation.
(3) through (5) No change.

Specific Authority 455.227, 455.2273, 468.606 FS. Law Implemented 455.227, 455.2273, 468.607, 468.621, 468.629 FS. History–New 5-23-94, Amended 8-14-96, 8-3-97, 11-2-00, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Building Code Administrators and Inspectors Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 9, 2005