The Board proposes the rule amendments to revise the disciplinary penalties for statute and rule violations.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Electrical Contractors' Licensing Board

RULE NO.: RULE TITLE:
61G6-10.002: Violations and Penalties
PURPOSE AND EFFECT: The Board proposes the rule amendments to revise the disciplinary penalties for statute and rule violations.
SUMMARY: The disciplinary penalties for statute and rule violations will be revised.
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(1), 489.507(3) FS.
LAW IMPLEMENTED: 455.227, 455.2273, 489.533 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: Ruthanne Christie, Executive Director, Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0751.

THE FULL TEXT OF THE PROPOSED RULE IS:

61G6-10.002 Violations and Penalties.

(1) through (2) No change.

(3) 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	1st OFFENSE	2nd OFFENSE	3rd OFFENSE
(a) Section 489.533(1)(a), F.S., failure to comply with any provision of Chapter 455, F.S.; Section 489.533(1)(o), F.S., failing to materially comply with provisions of Chapter 489, Part II, F.S., or board rules; Section 455.227(1)(q), F.S., violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules, DBPR or Board Order, or subpoena; Section 455.227(1)(b), F.S., intentionally violating a rule of the board or department.	From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.	From reprimand and $1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation or denial.	From reprimand and $2,500 to $5,000 fine and/ suspension followed by probation, or revocation or denial.
(b) Section 489.533(1)(b), F.S., Section 455.227(1)(h), F.S., attempting to procure a license by bribery or fraudulent or willful misrepresentations.	From denial or revocation and $1,000 fine, up to $5,000 fine.	Section 489.533(1)(b), F.S.: From denial or revocation and $5,000 fine, up to $10,000 fine and denial and or revocation. Section 455.227(1)(h), F.S.: From denial or revocation and $5,000 fine.	Section 489.533(1)(b), F.S. Denial or revocation and $10,000 fine. Section 455.227(1)(h), F.S. Denial or revocation and $5,000 fine.
(c) No change.
(d) Section 489.533(1)(d), F.S., Section 455.227(1)(c), F.S., being convicted of or entering a plea to a crime related to the practice.	Section 489.533(1)(d), F.S. From reprimand and/ or $250 to $1,000 10,000 fine and probation, up to probation suspension, or denial or revocation. Section 455.227(1)(c), F.S. From reprimand and or $250 to $5,000 fine and probation, up to suspension, denial or revocation.	Section 489.533(1)(d), F.S. From reprimand and a $1,000 to $5,000 10,000 fine and probation, up to suspension followed by probation, denial or revocation. Section 455.227(1)(c), F.S. From $1,000 to $5,000 fine and probation, up to suspension, denial or revocation.	Section 489.533(1)(d), F.S. From $5,000 to $10,000 fine and/or suspension followed by probation, denial or revocation. Section 455.227(1)(c), F.S. From $5,000 fine and suspension, followed by probation, to denial or revocation.
(e) Section 489.533(1)(e), F.S., Section 455.227(1)(l), F.S., making or filing a false report.	From reprimand and $250 to $1,000 fine, up to probation or suspension followed by probation.	From $1,000 to $5,000 fine and probation, or suspension followed by probation, or revocation.	Section 489.533(1)(e), F.S.: From $5,000 to $10,000 fine and/or revocation. Section 455.227(1)(l), F.S. $5,000 fine and revocation.
(f) Section 489.533(1)(f), F.S., committing fraud, negligence or misconduct.	From reprimand and $1,000 to $3,000 5,000 fine and or probation or suspension followed by probation.	From $5,000 to $10,000 fine and or suspension followed by probation or revocation.	Revocation and/or $10,000 fine.
(g) Section 489.533(1)(g), F.S., violating Chapter 633, F.S., or rules of State Fire Marshal.	From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From $3,000 2,500 to $5,000 fine up to suspension followed by probation, or denial or revocation.	Revocation and/or $10,000 fine.
(h) Section 489.533(1)(h), F.S., practicing on revoked, suspended, inactive or delinquent license.	Delinquent: From reprimand and $250 fine, and/or up to probation, suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	Delinquent: From reprimand and $500 to $1,000 fine, up to probation, suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: From reprimand and $5,000 to $10,000 fine, up to suspension followed by probation or denial or revocation.	Delinquent: From reprimand and $1,000 to $5,000 fine, and/or suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: $10,000 fine and/or denial or revocation.
(i) Section 489.533(1)(i), F.S., violating the applicable building codes or laws of the state, municipality or county.	From reprimand and $500 to $2,000  2,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $5,000 to $10,000 fine, and/or up to probation, suspension followed by probation, or denial or revocation.
(j) Section 489.533(1)(j), F.S., Section 455.227(1)(j), F.S., assisting in unlicensed practice; Section 489.533(1)(k), F.S., knowingly aiding unlicensed practice by combining or conspiring.	From reprimand and $2,000 1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	Section 489.533(1)(j), F.S. From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial and/or revocation. Section 455.227(1)(j), F.S. From reprimand and $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	Section 489.533(1)(j), F.S. From $10,000 fine and suspension followed by probation, up to denial or revocation. Section 455.227(1)(j), F.S. From $5,000 fine and suspension followed by probation, up to denial or revocation.
(k) Section 489.533(1)(k), F.S., knowingly aiding unlicensed practice by combining or conspiring.	From reprimand and $2,500 to $5,000 fine and probation, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $5,000 to $10,000 fine and suspension followed by probation, or denial or revocation.	From reprimand and $5,000 to $10,000 fine, and denial or revocation.
(k)(l) Section 489.533(1)(l), F.S., acting in a name not on the license or failure to properly qualify a firm.	From reprimand and $500 to $1,000 fine.	From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.
(l)(m) Section 489.533(1)(m), F.S., financial mismanagement or misconduct.	From reprimand and $1,000 to $2,500 3,000 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $3,000 to $7,500 fine and probation, up to suspension followed by probation, or denial or revocation.	From reprimand and $7,500 to $10,000 fine and suspension followed by probation, or denial or revocation.
(m)(n) No change.
(o) Section 489.533(1)(o), F.S., failing to materially comply with provisions of Chapter 489, Part II, F.S., or board rules.	From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.	From reprimand and $1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation or denial.	From reprimand and $2,500 to $5,000 fine and/ suspension followed by probation, or revocation or denial.
(n)(p) Section 489.533(1)(p), F.S., abandoning a project.	From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.	Section 489.533(1)(p), F.S. From reprimand and $5,000 to $10,000 fine and/or suspension, up to revocation.
(o)(q) No change.
(p)(r) No change.
(q)(s) No change.
(r)(t) Section 455.227(1)(a), F.S., making misleading, deceptive or fraudulent representations in or related to the practice; Section 455.227(1)(m), F.S., making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession.	From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.	$5,000 fine and or suspension followed by probation or revocation.	Revocation and $5,000 fine.
(u) Section 455.227(1)(b), F.S., intentionally violating a rule of the board or department.	From reprimand and $1,000 to $2,500 fine, up to probation, suspension, revocation or denial.	From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or revocation or denial.	From reprimand and $5,000 fine and suspension followed by probation, or revocation or denial.
(s)(v) Section 455.227(1)(g), F.S., having been found liable in civil court for filing false report or complaint against another licensee.	From $1,000 to $3,000 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.	From $5,000 fine and suspension followed by probation, up to denial or revocation.
(t)(w) Section 455.227(1)(i), F.S., failing to report to the Department any person in violation of Chapters 455, and 489, Part II, or Board rules.	From $500 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $750 to $1,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From $2,000 to 5,000 1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.
(u)(x) No change.
(y) Section 455.227(1)(m), F.S., making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession.	From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.	From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.	$5,000 fine and revocation.
(v)(z) No change.
(w)(aa) Section 455.227(1)(p), F.S., improper delegation of professional responsibilities.	From $250 to $1,000 fine, up to probation or suspension followed by probation, or denial or revocation.	From reprimand and $1,000 to $2,500 fine, up to probation or suspension followed by probation, or denial or revocation.	From $2,500 to $5,000 fine, up to probation or suspension followed by probation, or denial or revocation.
(bb) Section 455.227(1)(q), F.S., violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules, DBPR or Board Order, or subpoena.	From $1,000 to $5,000 fine and suspension until compliance, up to revocation.	From $5,000 fine and suspension until compliance, up to revocation.	$5,000 fine and revocation.
(x)(cc) Section 455.227(1)(t), F.S., failing to report to Board, in writing, criminal plea or conviction within 30 days.	From reprimand and $500 to $1,000 fine and probation, suspension followed by probation, or denial or revocation.	From $2,000 to $5,000 fine up to and suspension, up to denial or revocation.	$5,000 fine up to denial and/ or revocation.
(y)(dd) Section 455.227(1)(r), F.S., improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.	From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.	$5,000 fine and suspension, up to denial or revocation.

Rulemaking Authority 455.2273(1), 489.507(3) FS. Law Implemented 455.227, 455.2273, 489.533 FS. History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, 6-15-17,                            .

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrical Contractors’ Licensing Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Electrical Contractors’ Licensing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 20, 2023
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2023