To update and revise the existing disciplinary penalty guidelines.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NO.:RULE TITLE:

61G19-5.002Disciplinary Guidelines

PURPOSE AND EFFECT: To update and revise the existing disciplinary penalty guidelines.

SUMMARY: The proposed rule amendment updates and revises the current 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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 455.227, 455.2273, 468.606 FS.

LAW IMPLEMENTED: 455.227, 455.2273, 468.607, 468.621, 468.629 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 9, 2023

PLACE: Orlando, Florida, hotel still TBD

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Krista Woodard, Executive Director, Building Code Administrators and Inspectors Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G19-5.002 Disciplinary Guidelines.

(1) No Change.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.569 and 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.

VIOLATION	RECOMMENDED RANGE OF PENALTY
(a) Violating or failing to comply with any provision of this part, Chapter 455, F.S., or a valid rule or lawful order of the board or department, or subpoena of the department. (Sections 468.621(1)(a), F.S., 455.227(1)(b) and (q), F.S.)	(a)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an $500 administrative fine and one year’s probation to denial of the application; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.
	(a)2. After the first offense, a minimum of one year’s probation up to revocation or denial of licensure, and an administrative fine of $2,500 up to $5,000 depending on the underlying offense and the magnitude of the violation.
(b) Obtaining certificate through fraud, deceit, or perjury. (Sections 468.621(1)(b), 455.227(1)(h), F.S.)	The usual action of the Board shall be to impose a penalty of revocation and a fine of up to $2,500.
(c) Knowingly assisting any person to unlawfully practice building code administration, inspecting, or plans examination contrary to the provisions of this part or the building code adopted by the enforcement authority governing that person. (Sections 468.621(1)(c), 455.227(1)(j), F.S.)	(c)1. In the case of an applicant, the usual action of the Board shall be from licensure with an $500 administrative fine and one year’s probation to denial of the application. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to one year’s suspension and a fine of $1,000 up to $2,500.
	(c)2. After the first offense, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $2,500 up to $5,000.
(d) Having been convicted of a felony. (Sections 468.621(1)(d), F.S.)	(d)1. In the case of an applicant, the usual action of the Board shall be from licensure with an $500 administrative fine and one year’s probation to denial of the application. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.
	(d)2. For a second offense in the case of an applicant, the usual action of the Board shall be from licensure with an $1,000 administrative fine and suspension of at least 30 days followed by two years’ probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension followed by one years’ probation with conditions to revocation and a fine of $2,500 up to $5,000.
	(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 directly related to building code administration or inspection. (Sections 468.621(1)(e), 455.227(1)(c), F.S.)	(e)1. 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 one years’ suspension to revocation and a fine of $1,000 up to $2,500.
	(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 report or failing to file a report as required. (Sections 468.621(1)(f), 455.227(1)(l), F.S.)	(f)1. In the case of an applicant, the usual action of the Board shall be from licensure with an $500 administrative fine and 30-day suspension followed by one years’ probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a 30 day period of suspension to be followed by one year’s probation and a fine of $1,000 up to $2,500.
	(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. (Sections 468.621(1)(g), F.S.)
1. Negligence	1.a. In the case of an applicant, the usual action of the Board shall be from licensure with one years’ probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one years’ probation to 30 day’s suspension and a fine of $1,000 up to $2,500.
	1.b. For a second offense in the case of an applicant, the usual action of the Board shall be from one years’ probation to denial and an $1,000 administrative fine. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one years’ suspension followed by one years’ probation and a fine of $2,500 up to $5,000.
	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 gross misconduct.	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 one years’ suspension to revocation and a fine of $1,000 up to $2,500.
	2.b. After the first offense, the usual action of the Board shall be revocation and a fine of $2,500 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 $2,500.
(h) Making misleading, deceptive or fraudulent representations. (Sections 455.227(1)(a) and (m), F.S.)	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.
1. Misleading or deceptive.	1.a. In the case of an applicant, the usual action of the Board shall be licensure with an $1,000 administrative fine and one year’s probation or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.
	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 six months’ suspension to revocation and a fine of $2,500 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 one year’s suspension to revocation, a fine of up to $2,500.
	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) Present as his or her own the certificate of another. (Sections 468.629(1)(c), 468.621(1)(a), F.S.)	In the case of an applicant, the usual action of the Board shall be denial. In case of athe licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of up to $5,000.
(j) Give false or forged evidence for the purpose of obtaining a certificate. (Sections 468.629(1)(d), 468.621(1)(a), F.S.)	In the case of an applicant, the usual action of the Board shall be denial. In case of athe licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of up to $5,000.
(k) Use or attempt to use a certificate that has been suspended or revoked. (Sections 468.629(1)(e), 468.621(1)(a), F.S.)	In case of an applicant, the usual action of the Board shall be denial. In case of athe licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of up to $5,000.
(l) Threaten, coerce, trick, persuade, or otherwise influence or to attempt to do so, any certificate holder to violate Chapter 468, Part XIII, F.S. (Sections 468.629(1)(f), 468.621(1)(a), F.S.)	(l)1. In case of an applicant, the usual action of the Board shall be denial. In case of athe licensee, the usual action of the Board shall be to impose a penalty of one years’ suspension followed by one years’ probation to revocation and a fine of $2,500 up to $5,000.
	(l)2. After the first offense, the usual penalty shall be revocation and a fine of up to $5,000.
(m) Offer compensation to a certificate holder to induce violation of law or local building code. (Sections 468.629(1)(g), 468.621(1)(a), F.S.)	In case of an applicant, the usual action of the Board shall be denial. In case of athe licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of up to $5,000.
(n) Practicing as a building code administrator, plans examiner, or inspector without a valid active certificate. (Sections 468.607, 468.621(1)(a), F.S.)	(n)1. 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 by the Board shall be to impose a penalty from reprimand to one years’ probation and a fine of $1,000 up to $2,500.
	(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 revoked or acted against, including the denial of licensure. (Section 455.227(1)(f), F.S.)	(o)1. Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida or one years’ suspension or for an applicant from licensure with an $1,000 administrative fine and one years’ 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 of $1,000 up to $2,500.
	(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 one years’ probation to denial of license and an administrative fine of $1,000 up to $2,500.
(p) Failing to report to the department any violation of Chapter 468, Part XII, Chapter 455, F.S., or the rules of the Board or Department. (Section 455.277(1)(i), F.S.)	(p)1. In case of an applicant, the usual action of the person who the licensee knows is in Board shall be denial or licensure with probation and an administrative fine of $500 to $1,000. In case of the licensee, the usual action of the Board shall be to impose a penalty from reprimand to one years’ probation and a fine of $1,000 up to $2,500.
	(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 one years’ suspension followed by one years’ probation to revocation and a fine of $2,500 up to $5,000.
(q) Failing to perform any statutory or legal obligations. (Section 455.227(1)(k), F.S.)	(q)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an $1,000 administrative fine and one years’ probation to denial; in the case of a licensee, the usual action of the board shall be to impose a penalty from reprimand to one years’ probation and a fine of $1,000 up to $2,500.
	(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 one years’ probation to revocation and a fine of $2,500 up to $5,000.
(r) Practicing or offering to practice beyond the scope of law or competence. (Section 455.227(1)(o), F.S.)	(r)1. In the case of an applicant, the usual action of the Board shall be licensure with one years’ probation and an $1,000 administrative fine or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one years’ probation to one years’ suspension of license and a fine of $1,000 up to $2,500.
	(r)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 one years’ suspension of license followed by one years’ probation to revocation and a fine of $2,500 up to $5,000.
(s) Knowingly delegating professional responsibilities to an unqualified person. (Section 455.227(1)(p), F.S.)	(s)1. In case of an applicant, the usual action of the Board shall be licensure with one years’ probation and an $1,000 administrative fine or denial. In case of athe licensee, the usual action of the Board shall be to impose a penalty from one years’ suspension to revocation and a fine of $1,000 up to $2,500.
	(s)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 shall be to impose a penalty from one years’ suspension of license followed by one years’ probation to revocation and a fine of $2,500 up to $5,000.
(t) Improperly interfering with an investigation, inspection, or disciplinary proceeding. (Section 455.277(1)(r), F.S.)	(t) The usual action of the Board shall be denial or revocation of license with ability to reapply upon payment of an administrative fine of $2,500 up to $5,000 to denial or revocation of license without ability to reapply.
(u) Failing to lawfully execute the duties and responsibilities specified in Chapter 468, part XII, F.S., and in Sections 553.73, 553.781, 553.79 and 553.791, F.S.	(u)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an administrative fine and one years’ probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one years’ probation and a fine of $1,000 up to $2,500.
	(u)2. After the first offense, a minimum of one year’s probation to revocation or denial of licensure, and a fine of $1,000 up to $3,000 depending on the underlying offense and the magnitude of the violation.
(v) Performing building code inspection services under Section 553.791, F.S., without satisfying the insurance requirements of said section.	(v)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an $1,000 administrative fine and one years’ probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one years’ probation and a fine of $1,000 up to $2,500.
	(v)2. After the first offense, a minimum of one year’s probation to revocation or denial of license, and a fine of $1,000 up to $3,000 depending on the underlying offense and the magnitude of the violation.
(w) Failing to report in writing to the Board within thirty (30) days a conviction, guilty verdict, or plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.	(w)1. For late reporting of a conviction, guilty verdict or plea, a $500 administrative fine.00 citation.
	(w)2. For failure to report a conviction, guilty verdict or plea, a $1,0500.00 administrative finecitation
	(w)3. For failure to report a crime directly related to building code administration or inspection, open a new case pursuant to paragraph (2)(e), and failure to report shall be considered an aggravating factor.

(3) Through (5) No Change.

Rulemaking 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, 9-20-09, 6-1-10, 2-1-12,______________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Building Code Administrators and Inspectors Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2023