The purpose and effect is to raise all fines to maximum of $5,000 in all disciplinary instances.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Building Code Administrators and Inspectors Board

RULE NO: RULE TITLE
61G19-5.002: Disciplinary Guidelines
PURPOSE AND EFFECT: The purpose and effect is to raise all fines to maximum of $5,000 in all disciplinary instances.
SUBJECT AREA TO BE ADDRESSED: Disciplinary Guidelines.
SPECIFIC AUTHORITY: 455.227, 455.2273, 468.606 FS.
LAW IMPLEMENTED: 455.227, 455.2273, 468.607, 468.621, 468.629 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Robyn Barineau, Executive Director, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61G19-5.002 Disciplinary Guidelines.

(1) Purpose. Pursuant to Section 455.2273, F.S., the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 468, Part XII, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given in Rule 61G19-5.003, F.A.C. The ranges of penalties provided below include the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.569, 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

 

VIOLATIONRECOMMENDED RANGE OF PENALTY

(a) Violating or failing to comply with any(a)1. Unless otherwise specified in this rule, in

provision of this part, Chapter 455 or athe case of an applicant, the usual action of

valid rule or lawful order of the board orthe Board shall be from licensure with an

department, or subpoena of the department.administrative fine and probation to denial;

(468.621(1)(a), F.S., 455.227(1)(b) and (q),in the case of a licensee, the usual action

F.S.)of the Board shall be to impose a penalty

from reprimand to probation and a

fine of up to $5,000 1,500.

(a)2. After the first offense, a minimum of

one year’s probation to revocation or denial

of licensure, and a fine of up to $5,000

depending on the underlying offense and

the magnitude of the violation.

(b) Obtaining certificate through fraud,The usual action of the Board shall be to

deceit, or perjury.impose a penalty of revocation and a fine

(468.621(1)(b), 455.227(1)(h), F.S.)of up to $5,000 1,500.

(c) Knowingly assisting any person to(c)1. In the case of an applicant, the usual

unlawfully practice building codeaction of the Board shall be from licensure

administration, inspecting, or planswith an administrative fine and probation to

examination contrary to the provisionsdenial. In the case of a licensee, the usual

of this part or the building code adopted byaction of the Board shall be to impose a

the enforcement authority governing thatpenalty from probation to suspension and

person.a fine of up to $5,000 1,500.

(468.621(1)(c), 455.227(1)(j), F.S.)(c)2. After the first offense, the usual action of

the Board shall be to impose a penalty from

suspension to revocation and a fine of up to $5,000.

(d) Having been convicted of a felony.(d)1. In the case of an applicant, the usual action

(468.621(1)(d), F.S.)of the Board shall be from licensure with

an administrative fine and probation to denial.

In the case of a licensee, the usual action of the

Board shall be to impose a penalty from

suspension to revocation and a fine of up to

$5,000 1,500.

(d)2. For a second offense in the case of an

applicant, the usual action of the Board shall

be from licensure with an administrative fine

and suspension of at least 30 days followed by

probation to denial. In the case of a licensee,

the usual action of the Board shall be to

impose a penalty from suspension followed by

probation with conditions to revocation and a

fine of up to $5,000 4,000.

(d)3. After the second offense, the usual action of

the Board shall be revocation and a fine of up to

$5,000.

(e) Guilt of or nolo plea entered to a crime(e)1. In the case of an applicant, the usual action

directly related to building codeof the Board shall be denial. In the case of

administration or inspection.a licensee, the usual action of the Board

(468.621(1)(e), 455.227(1)(c), F.S.)shall be to impose a penalty from

suspension to revocation and a fine of up to

$5,000 1,500.

(e)2. After the first offense, the usual action of

the Board shall be to impose a penalty of

revocation and a fine of up to $5,000.

(f) Knowingly making or filing a false(f)1. In the case of an applicant, the usual action

report or failing to file a report as required.of the Board shall be from licensure with an

(468.621(1)(f), 455.227(1)(l), F.S.)administrative fine and 30-day suspension

followed by probation to denial. In the case of

a licensee, the usual action of the Board

shall be to impose a period of suspension

to be followed by probation and a fine of

up to $5,000 1,500.

(f)2. After the first offense, in the case of an

applicant, the usual action of the Board shall

be denial. In the case of a licensee, the usual

action of the Board shall be revocation and a

fine of up to $5,000.

(g) Committing willful misconduct, gross

negligence, gross misconduct, repeated

negligence, or negligence resulting in a

significant danger to life or property.

(468.621(1)(g), F.S.)

1. Negligence1.a. In the case of an applicant, the usual action

of the Board shall be from licensure with probation

to denial. In the case of a licensee, the usual action

of the Board shall be to impose a penalty from

probation to suspension and a fine of up to $5,000 1,500.

1.b. For a second offense in the case of an applicant,

the usual action of the Board shall be from probation

to denial and an administrative fine. In the case of

a licensee, the usual action of the Board shall be to

impose a penalty from suspension followed by

probation and a fine of up to $5,000 4,000.

1.c. After the second offense, the usual action of the

Board shall be revocation and a fine of up to $5,000.

2. Gross or repeated negligence, or gross2.a. In the case of an applicant, the usual action

misconduct.of the Board shall be denial. In the case of

a licensee, the usual action of the Board

shall be to impose a penalty from

suspension to revocation and a fine of up to

$5,000 1,500.

2.b. After the first offense, the usual action of the

Board shall be revocation and a fine of up to $5,000.

3. Willful misconduct.3.a. In the case of an applicant, the usual action

of the Board shall be denial. In the case of

a licensee, the usual action of the Board

shall be to impose a penalty of revocation

and fine of up to $5,000 1,500.

3.b. After the first offense, the usual action of the

Board shall be to impose a penalty of revocation

and a fine of up to $5,000.

(h) Making misleading, deceptive or

fraudulent representations.

(455.227(1)(a), and (m), F.S.)

1. Misleading or deceptive.1.a. In the case of an applicant, the usual action

of the Board shall be licensure with an administrative

fine and probation or denial. In the case of a licensee,

the usual action of the Board shall be to impose a

penalty from reprimand to probation and a fine

of up to $5,000 1,500.

1.b. After the first offense, in the case of an applicant,

the usual action of the Board shall be denial. In the

case of a licensee, the usual penalty shall be suspension

to revocation and a fine of up to $5,000.

2. Fraudulent.2.a. In the case of an applicant, the usual action

of the Board shall be denial. In the case of

a licensee, the usual action of the Board

shall be to impose a penalty from suspension

to revocation, a fine of up to $5,000 1,500.

2.b. After the first offense, the usual action of the

Board shall be to impose a penalty of revocation and

a fine of up to $5,000.

(i) through (m) No change.

(n) Practicing as a building code(n)1. In the case of an applicant, the usual action

administrator, plans examiner, or inspectorof the Board shall be licensure with an administrative

without a valid active certificate.fine and probation or denial. In the case of a licensee,

(468.607, 468.621(1)(a), F.S.)the usual action by the Board shall be to

impose a penalty from reprimand to probation and a

fine of up to $5,000 1,500.

(n)2. After the first offense, in the case of an applicant,

the usual action of the Board shall be denial. For

a licensee, the penalty shall be revocation and a fine

of up to $5,000.

(o) Having the authority to practice(o)1. Imposition of discipline comparable to the

revoked or acted against, including thediscipline which would have been imposed

denial of licensure.if the substantive violation had occurred in

(455.227(1)(f), F.S.)Florida or suspension or licensure with an

administrative fine and probation or denial of the

license until the license is unencumbered in

the jurisdiction in which disciplinary action

was originally taken, and an administrative

fine up to $5,000 ranging from $250 to $1,500.

(o)2. After the first offense, from imposition of

discipline comparable to that which would have

been imposed if a second or higher substantive

violation had occurred in Florida to revocation

or for an applicant from probation to denial of

license and an administrative fine up from

$1,000 to $5,000.

(p) Failing to report to the department any(p)1. In case of an applicant, the usual action of the

person who the licensee knows is inBoard shall be denial or licensure with probation

violation of Chapter 468, Part XII, Chapterand an administrative fine. In case of the licensee,

455, or the rules of the Board orthe usual action of the Board shall be to impose a

Department.penalty from reprimand to probation and a

(455.277(1)(I), F.S.)fine of up to $1,500.

(p)2. After the first offense, in the case of an applicant

the usual action of the Board shall be denial. In the case

of a licensee, the usual action of the Board shall be

to impose a penalty from suspension followed

by probation to revocation and a fine of up to $5,000.

(q) Failing to perform any statutory or(q)1. Unless otherwise specified in this rule, in

legal obligations.the case of an applicant, the usual action of

(455.227(1)(k), F.S.)the Board shall be from licensure with an

administrative fine and probation to denial; in the

case of a licensee, the usual action of the board shall

be to impose a penalty from reprimand to

probation and a fine of up to $5,000 1,500.

(q)2. After the first offense unless otherwise specified

in this rule, the usual action of the Board shall be denial

in the case of an applicant; in the case of a licensee,

the usual action of the Board shall be to impose a

penalty from probation to revocation and a fine of

up to $5,000.

(r) through (u) No change.

(3) through (5) No change.

Rulemaking Specific Authority 455.227, 455.2273, 468.606 FS. Law Implemented 455.227, 455.2273, 468.607, 468.621, 468.629 FS. History–New 5-23-94, Amended 8-14-96, 8-3-97, 11-2-00, 4-10-06, 1-10-07, ________.