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Home » 2009 Issues » Vol. 35, No. 47 (11/25/2009) » Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

  Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  


  • DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
    Board of Professional Engineers
    RULE NO: RULE TITLE
    61G15-19.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
    NOTICE OF CHANGE
    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. 35 No. 13, April 3, 2009 issue of the Florida Administrative Weekly.

    61G15-19.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

    (1) No change.

    (2) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

     

    VIOLATION

    PENALTY RANGE

     

    FIRST VIOLATION

    SECOND AND SUBSEQUENT VIOLATIONS

    (a) Violating any provision of Section 455.227(1), 471.025 or 471.031, F.S., or any other provision of Chapter 471, F.S., or rule of the Board or Department

    (Sections 471.033(1)(a) and 455.227(1)(b), (q), F.S)

    Reprimand and $1,000 fine, to One (1) year suspension, two (2) years probation and $5,000 fine

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    1. Failure to sign, seal or date documents

    (Section 471.025(1), F.S.)

    Reprimand to one (1) year probation

    Reprimand and one (1) year probation to Revocation

     

     

     

    2. Sealing any document after license has expired or been revoked or suspended, or failure to surrender seal if the license has been revoked or suspended

    (Section 471.025(2), F.S.)

    Suspended license: Revocation and $1,000 fine

     

    Revoked license: Referral to State’s Attorney’s office

    Suspended license: Revocation and $5,000 fine

     

    Revoked license: Referral to State’s Attorney’s office

     

     

     

    3. Signing or sealing any document that depicts work the licensee is not licensed to perform or which is beyond his or her profession or specialty therein or practicing or offering to practice beyond the scope permitted by law or accepting and performing responsibilities the licensee is not competent to perform

    (Sections 471.025(3), 455.227(1)(o), F.S., paragraphs 61G15-19.001(6)(c), (d), F.A.C.)

    Reprimand, one (1) year probation and $1,000 fine; to $5,000 fine, one (1) year suspension and two (2) years probation

    Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation to Revocation

     

     

     

    4. Firm practicing without certificate of authorization

    (Section 471.023, F.S. and subsection 61G15-19.001(3), F.A.C.)

    Reprimand, $1,000 fine to one (1) year suspension and $5,000 fine

    Reprimand, one (1) year suspension and $5,000 fine to Revocation

     

     

     

    5. Failure to complete continuing education

    (Section 471.017(3), F.S. and Rule 61G15-22.001, F.A.C.)

    Reprimand and $1,000 fine, to Suspend until licensee demonstrates compliance

    Suspend until licensee demonstrates compliance to Revocation

    6. Practicing engineering without a license or using a name or title tending to indicate that such person holds an active license as an engineer

    (Sections 471.031(1)(a), (b), F.S.)

    $1,000 fine to $5,000 fine

    $5,000 fine to $10,000 fine to referral to State Attorney’s Office

     

     

     

    7. Presenting as his or her own the license of another

    (Section 471.031(1)(c), F.S.)

    $1000 fine to $5,000 fine

    $5,000 fine to $10,000 fine and referral to State Attorney’s Office

     

     

     

    8. Giving false or forged evidence to the Board or concealing information relative to violations of this chapter

    (Sections 471.031(1)(d), (g), F.S.)

    $1,000 fine to $5,000 fine and suspension

    Reprimand and $5,000 fine to Revocation

     

     

     

    9. Employing unlicensed persons to practice engineering or aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S.

    (Sections 471.031(1)(f) and 455.227(1)(j), F.S.)

    $1,000 fine and reprimand; to $5,000 and suspension

    Reprimand and $5,000 fine to Revocation

     

     

     

    10. Having been found liable for knowingly filing a false complaint against another licensee

    (Section 455.227(1)(g), F.S.)

    $1,000 fine and reprimand; to $5,000 per count and suspension

    Reprimand and $5,000 fine to Revocation

     

     

     

    11. Failing to report a person in violation of Chapter 455, Chapter 471, F.S., or the rules of the Board or the Department

    (Section 455.227(1)(i), F.S.)

    Reprimand to $5,000 and suspension for one (1) year

    Reprimand and $5,000 fine to Revocation

     

     

     

    12. Failing to perform any statutory or legal obligation

    (Section 455.227(1)(k), F.S.)

    Depending on the severity of the offense, from a Reprimand to Revocation

    Depending on the severity of the offense, from a Reprimand to Revocation

     

     

     

    13. Exercising influence on a client for financial gain

    (Section 455.227(1)(n), F.S.)

    Reprimand to one (1) year suspension and $5,000 fine

    Reprimand and $5,000 fine to Revocation

     

     

     

    14. Improper delegation of professional responsibilities

    (Section 455.227(1)(p), F.S.)

    $1,000 fine and probation for one (1) year, to suspension

    Reprimand and $5,000 fine to Revocation

     

     

     

    15. Improperly interfering with an investigation or inspection or disciplinary proceeding

    (Section 455.227(1)(r), F.S.)

    $1,000 fine and probation for one (1) year; to suspension

    Reprimand and $5,000 fine to Revocation

     

     

     

    (b) Attempting to procure a license by bribery, fraudulent misrepresentation, or error of the Board or Department

    (Sections 471.033(1)(b) and 455.227(1)(h), F.S.)

    One (1) years suspension and $1,000 fine, to Revocation if licensed; if not licensed, denial of license and referral to State Attorney

    Revocation and $5,000 fine if licensed; if not licensed, denial of license and referral to State Attorney

     

     

     

    (c) Having a license to practice engineering acted against or denied by another jurisdiction

    (Sections 471.033(1)(c) and 455.227(1)(f), F.S.)

    Same penalty as imposed in other jurisdiction or as close as possible to penalties set forth in Florida Statutes

    Same penalty as imposed in other jurisdiction or as close as possible to penalties set forth in Florida Statutes

     

     

     

    (d)1. Being convicted or found guilty of, or entering a plea of nolo contendere to a crime which relates to the practice or ability to practice

    (Sections 471.033(1)(d) and 455.227(1)(c), F.S.)

    Depending on the severity of the crime, from Reprimand $1,000 fine, and one (1) year probation, to Revocation

    Depending on the severity of the crime, from One (1) year suspension with 2 years probation to Revocation

     

     

     

    2. Conviction of crime related to building code inspection or plans examination

    (paragraph 61G15-19.001(7)(a), F.A.C.)

    Reprimand $1,000 fine, and one (1) year probation,

    One (1) year suspension with 2 years probation to Revocation

     

     

     

    (e) Knowingly making or filing a false report or record, failing to file a report or record required by law, impeding or obstructing such filing

    (Sections 471.033(1)(e), 455.227(1)(l), F.S. and paragraph 61G15-19.001(7)(c), F.A.C.)

    Reprimand and $1,000 fine to one (1) year suspension, two (2) years probation,

    One (1) year suspension, 2 years probation, and $1,000 fine, to Revocation and $5,000 fine

     

     

     

    (f) Fraudulent, false, deceptive or misleading advertising

    (Sections 471.033(1)(f), F.S. and subsection 61G15-19.001(2), F.A.C.)

    Reprimand to one (1) year probation and $5,000 fine

    One (1) year probation and $5,000 fine to Revocation

     

     

     

    (g) Fraud, deceit, negligence, incompetence or misconduct

    (Sections 471.033(1)(g) and 455.227(1)(a), (m), F.S.)

     

     

     

     

     

    1. Fraud or deceit

    Reprimand, two (2) years probation and $1,000 fine, to one (1) years supension and $5,000 fine.

    One (1) year suspension and $5,000 fine to Revocation

     

     

     

    2.a. Negligence

    (subsection 61G15-19.001(4), F.A.C.)

    Reprimand, two (2) years probation and $1,000 fine, to $5,000 fine, five (5) year suspension and ten (10) years probation

    Two (2) years probation and $1,000 fine, to $5,000 fine and Revocation

    b. Negligence in procedural requirements (61G15-30.003(2), (3) and (5), F.A.C.; 61G15-30.005 and 61G15-30.006, F.A.C.)

    Reprimand to two (2) years probation and $1,000 fine,

    Two (2) years probation and $1,000 fine, to $5,000 fine and Revocation

     

     

     

    c.b. As a special inspector

    Reprimand, two (2) years probation and $1,000 fine, to $5,000 fine,

    Two (2) years probation and $1,000 fine, to $5,000 fine and Revocation

     

     

     

    3. Incompetence

    (subsection 61G15-19.001(5), F.A.C.)

    Two (2) year probation to Suspension until ability to practice proved followed by two (2) year probation

    Suspension until ability to practice proved followed by two (2) year probation, to Revocation

     

     

     

    4. Misconduct

    (subsection 61G15-19.001(6), F.A.C.)

    Reprimand and $1,000 fine to one (1) year suspension

    One (1) year suspension to Revocation and $5,000 fine.

     

     

     

    a. Expressing an opinion publicly on an engineering subject without being informed as to the facts and being competent to form a sound opinion

    (paragraph 61G15-19.001(6)(a), F.A.C.)

    Reprimand and $1,000 fine to one (1) year suspension

    One (1) year suspension to Revocation and $5,000 fine.

     

     

     

    b. Being untruthful, deceptive or misleading in any professional report, statement or testimony or omitting relevant and pertinent information from such report, statement or testimony when the result or such omission would or reasonably could lead to a fallacious conclusion

    (paragraph 61G15-19.001(6)(b), F.A.C.)

    Reprimand and $1,000 fine to one (1) year suspension

    One (1) year suspension to Revocation and $5,000 fine.

     

     

     

    c. Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for engineering employment other than the payment of the usual commission for securing salaried positions through licensed employment agencies

    (paragraph 61G15-19.001(6)(e), F.A.C.)

    Reprimand, $5,000 fine per count and suspension for five (5) years, to Revocation

    Five (5) years suspension to Revocation

     

     

     

    d. Soliciting or accepting gratuities without client knowledge

    (paragraphs 61G15-19.001(6)(g), (h), F.A.C.)

    Reprimand, one (1) year probation and $1,000 fine, to one (1) year suspension, two (2) years probation and $5,000 fine

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    e. Failure to preserve client’s confidence

    (paragraph 61G15-19.001(6)(r), F.A.C.)

    Reprimand, one (1) year probation and $1,000 fine, to one (1) year suspension, two (2) years probation (if pecuniary benefit accrues to engineer)

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    f. Professional judgment overruled by unqualified person

    (paragraph 61G15-19.001(6)(i), F.A.C.)

    Reprimand, one (1) year probation and $1,000 fine, to one (1) year suspension, two (2) years probation and $5,000 fine

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    g. Use of name/firm in fraudulent venture

    (paragraph 61G15-19.001(6)(k), F.A.C.)

    Reprimand, one (1) year probation and $1,000 fine, to $5,000 fine, one (1) year suspension and two (2) years probation

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    h. Undisclosed conflict of interest

    (paragraphs 61G15-19.001(6)(f), (p), F.A.C.)

    Reprimand, $1,000 fine and two (2) years probation, to Revocation and $5,000 fine

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    (h) Violating any provision of Chapter 455, F.S.

    (Sections 471.033(1)(h) and 455.227(1)(q), F.S.)

    Depending on the severity of the violation, Reprimand and $1,000 fine per count, to $5,000 fine and revocation

    Depending on the severity of the violation, One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    (i) Practicing on a revoked, suspended, inactive or delinquent license

    (Sections 471.033(1)(i) and 471.031(1)(e), F.S.)

     

     

    1. Delinquent license

    Fine based on length of time in practice while inactive; $100/month or $1,000 maximum, renewal of license or cease practice

     

    2. Inactive license

    Fine based on length of time in practice while inactive; $100/month or $1,000 maximum, renewal of license or cease practice

     

     

     

     

    3. Suspended license

    Revocation and $1,000 fine

     

     

     

     

    4. Revoked license

    Referral to State Attorney

    Referral to State Attorney

     

     

     

    (j) Affixing or permitting to be affixed his or her seal, name, or digital signature to any documents that were not prepared by him or her or under his or her responsible supervision, direction or control

    (Section 471.033(1)(j), F.S. and paragraphs 61G15-19.001(6)(j), (q), F.A.C.)

    Reprimand, one (1) year probation and $1,000 fine, to $5,000 fine, one (1) year suspension and two (2) years probation

    One (1) year suspension, two (2) years probation and $5,000 fine to Revocation

     

     

     

    (k) Violating any order of the board or department

    (Sections 471.033(1)(k), 455.227(1)(q), F.S. and paragraph 61G15-19.001(6)(o), F.A.C.)

    Depending on the severity of the violation, from Suspension until compliant with the order of the Board and $1,000 fine, to Revocation and $5,000 fine

    Depending on the severity of the violation, Suspension until compliant with the order of the Board and $1,000 fine, to Revocation and $5,000 fine

     

     

     

    (l) Aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S.

    (Section 455.227(1)(j), F.S.)

    $1,000 fine and probation for one (1) year, to $5,000 fine and suspension

    Reprimand and $5,000 fine to Revocation

    (m) Failing to report in writing a conviction or plea of nolo contendere, a crime in any jurisdiction (Section 455.227(1)(t), F.S.)

    Reprimand to $5,000 fine

    Six (6) month suspension to $5,000 fine and Revocation

     

    (3) No change.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE CHANGE AND A COPY OF THE RULE, IS: Carrie Flynn, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite 200, Tallahassee, Florida 32301

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Related Rules: (1)
61G15-19.004. Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances