The purpose of this rule is to raise the remaining fine limits of $1500.00 for a first offense to $2500.00.

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 purpose of this rule is to raise the remaining fine limits of $1500.00 for a first offense to $2500.00.
SUMMARY: The rule will raise the remaining fine limits of $1500.00 for a first offense to $2500.00.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: No Statement of Estimated Regulatory Cost will be prepared. During discussion of this rule at its Council meeting, the Council, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Council has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendment will not require ratification by the Legislature.
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.
RULEMAKING AUTHORITY: 455.227, 455.2273, 468.606 FS.
LAW IMPLEMENTED: 455.227, 455.2273, 468.607, 468.621, 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) through (2) No change.

 

VIOLATION	RECOMMENDED RANGE OF PENALTY
(a) through (o) No change
(p) Failing to report to the department any person who the licensee knows is in violation of Chapter 468, Part XII, Chapter 455, or the rules of the Board or Department. (455.277(1)(i), F.S.)	(p)1. In case of an applicant, the usual action of the Board shall be denial or licensure with probation and an administrative fine. In case of the licensee, the usual action of the Board shall be to impose a penalty from reprimand to probation and a fine of up to $2,500 1,500. (p)2. After the first offense, in the case of an applicant the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from suspension followed by probation to revocation and a fine of up to $5,000.
(q) No change
(r) Practicing or offering to practice beyond the scope of law or competence. (455.227(1)(o), F.S.)	(r)1. In the case of an applicant, the usual action of the Board shall be licensure with probation and an administrative fine or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from probation to suspension of license and a fine of up to $2,500 1,500. (r)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from suspension of license followed by probation to revocation and a fine of up to $5,000.
(s) Knowingly delegating professional responsibilities to an unqualified person. (455.227(1)(p), F.S.)	(s)1. In case of an applicant, the usual action of the Board shall be licensure with probation and an administrative fine or denial. In case of the licensee, the usual action of the Board shall be to impose a penalty from suspension to revocation and a fine of up to $2,500 1,500. (s)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action shall be to impose a penalty from suspension of license followed by probation to revocation and a fine of up to $5,000.
(t) No change
(u) Failing to lawfully execute the duties and responsibilities specified in this part and in Sections 553.73, 553.781, 553.79 and 553.791, F.S.	(u)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from 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 $2,500 1,500. (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.
(v) Performing building code inspection services under Section 553.791, F.S., without satisfying the insurance requirements of said section.	(v)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from 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 $2,500 1,500. (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.

Rulemaking 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, 4-10-06, 1-10-07, 9-20-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 15, 2010