The Board proposes this rule amendment to include language to the disciplinary guidelines for violation of 455.227(1)(t).

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Geologists

RULE NO.:RULE TITLE:
61G16-9.001Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes this rule amendment to include language to the disciplinary guidelines for violation of Section 455.227(1)(t), F.S.
SUMMARY: The proposed rule amendment will add necessary language regarding violation of Section 455.227(1)(t), F.S., to the disciplinary guidelines.
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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
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: 455.2273, 492.104(1), 492.113(2) FS.
LAW IMPLEMENTED: 455.227, 455.2273, 492.104(1), 492.113(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Board of Professional Geologists, 1940 North Monroe Street, Tallahassee, Florida 32399-0754

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G16-9.001 Disciplinary Guidelines.

(1) No change.

(2) Whenever the Board finds a licensee guilty of violating a provision of Chapter 455, F.S., the following Penalty Guidelines shall be followed:

(a) through (p) No change.

 

(q) Violation of: 455.227(1)(t)

Failing to timely report in writing to the board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.

Misdemeanor: Reprimand; a fine from $100 to $250; probation not to exceed 6 months. Felony: Reprimand; a fine from $500 to $1000; suspension with conditions of reinstatement or revocation.

Misdemeanor: Reprimand; a fine from $500 to $1000; a period of suspension with conditions for reinstatement or revocation. 3rd Misdemeanor: Reprimand; $1000 fine; and Revocation. Felony: Reprimand; Revocation; and $1000 fine.

(3) through (6) No change.

Rulemaking Specific Authority 455.2273, 492.104(1), 492.113(2) FS. Law Implemented 455.227, 455.2273, 492.104(1), 492.113(2) FS. History–New 7-3-05, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Geologists
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Geologists
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 27, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 28, 2012