The purpose of the amendment is to update the rules to allow the resolution of a complaint that a licensee failed to properly utilize a title block as required by Rule 61G15-23.001, F.A.C.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-19.0051Notice of Noncompliance

61G15-19.0071Citations

PURPOSE AND EFFECT: The purpose of the amendment is to update the rules to allow the resolution of a complaint that a licensee failed to properly utilize a title block as required by Rule 61G15-23.001, F.A.C.

SUMMARY: Update texts so that technical violation of the rule can be resolved without formal disciplinary proceedings.

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: 455.224, 455.225, 455.228(3)(a) FS.

LAW IMPLEMENTED: 455.224, 455.227, 455.228(3)(a), 471.023, 471.033 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: Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; 850-521-0500.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-19.0051 Notice of Noncompliance.

(1) As an alternative to investigation and prosecution, when a complaint is received, FEMC shall provide a licensee with a notice of noncompliance for an initial offense for the following violations:

(a) through (g) No change.

(h) Failure to properly utilize a Title Block as required by paragraph 61G15-23.001(4)(a), F.A.C.

(2) No change.

(3) No later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 455.225 FS. Law Implemented 455.224 FS. History–New 4-2-00, Amended 5-5-10, 8-26-13, 12-31-17, 5-8-18, 12-29-19,                    .

 

61G15-19.0071 Citations.

(1) through (2) No change.

(3) The following violations with accompanying fines may be disposed of by citation:

(a) through (e) No change.

(f) Failure to properly utilize a Title Block as required by paragraph 61G15-23.001(4)(a), F.A.C. if a Notice of Noncompliance has previously been issued for the same offense. The fine shall be $500.

(4) through (7) No change.

(8) No later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 455.224, 455.225, 455.228(3)(a) FS. Law Implemented 455.224, 455.227, 455.228(3)(a), 471.023, 471.033 FS. History–New 4-2-00, Amended 9-26-05, 8-26-13, 12-29-19,                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 13, 2020