Confidentiality of Investigations

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Engineers

RULE NO.: RULE TITLE:
61G15-19.008: Confidentiality of Investigations

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. 37 No. 43, October 28, 2011 issue of the Florida Administrative Weekly.

The changes are in response to concerns by the Joint Administrative Procedures Committee in letters dated November 10, 2011.

The “PURPOSE AND EFFECT” shall be corrected to read as: The Board reviewed the rule pursuant to Executive Order 11-01, Section 5, and proposes the rule amendment to delete unnecessary language, renumber the rule accordingly and to correct reference to “61G15-19.008(6)” to read correctly as “61G15-19.008(7)”.

The “SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST” shall be corrected to read as:

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.

61G15-19.008 shall read as:

61G15-19.008 Confidentiality of Investigations.

(1) In accordance with Section 455.225, F.S., investigation records are confidential until an investigation ceases to be active. An investigation ceases to be active when the case is dismissed prior to a finding of probable cause and the board has not exercised its option to pursue the case, or ten (10) days after the Board makes a determination regarding probable cause. However, in accordance with Section 471.038(6), F.S., in response to an inquiry about the licensure status of an individual, the management corporation shall disclose the existence of an active investigation if the nature of the violation under investigation involves the potential for substantial physical or financial harm to the public.

(2) The following violations have been deemed to involve the potential for substantial physical or financial harm to the public:

Negligence, as defined in subsection 61G15-19.001(4), F.A.C., or misconduct, as defined in subsection 61G15-19.001(7)(6), F.A.C., involving threshold buildings as defined in Section 553.71(7), F.S.

Rulemaking Specific Authority 471.038(6) FS. Law Implemented 471.038(6) FS. History–New 5-20-02, Amended________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Zana Raybon, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite 200, Tallahassee, Florida 32303-5268