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.
SUMMARY: All fines are raised to maximum of $5,000 in all disciplinary instances.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Board has determined that the proposed rule will not have an impact on small business. No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 455.227, 455.2273, 468.606 FS.
LAW IMPLEMENTED: 455.227, 455.2273, 468.607, 468.621, 468.629 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE 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.

 

VIOLATION	RECOMMENDED 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 a	the case of an applicant, the usual action of
valid rule or lawful order of the board or	the 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 code	action of the Board shall be from licensure
administration, inspecting, or plans	with an administrative fine and probation to
examination contrary to the provisions	denial. In the case of a licensee, the usual
of this part or the building code adopted by	action of the Board shall be to impose a
the enforcement authority governing that	penalty 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 code	of 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. Negligence	1.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 gross	2.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 inspector	of 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 the	discipline 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 in	Board shall be denial or licensure with probation
violation of Chapter 468, Part XII, Chapter	and an administrative fine. In case of the licensee,
455, or the rules of the Board or	the 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,________.

 

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 13, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 20, 2009