61G15-19.001 - The purpose of the amendment is to clarify that renewal of a license without completion of statutorily required continuing education is a disciplinary violation. 61G15-19.004 - The purpose of the amendment is to create a penalty ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-19.001Grounds for Disciplinary Proceedings

61G15-19.004Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE AND EFFECT: 61G15-19.001 - The purpose of the amendment is to clarify that renewal of a license without completion of statutorily required continuing education is a disciplinary violation.

61G15-19.004 - The purpose of the amendment is to create a penalty guideline for violation of 19.001 as amended.

SUMMARY: 61G15-19.001 - Create new disciplinary violation.

61G15-19.004 - Create a penalty guideline

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: 455.227, 471.008, 471.031, 471.033, 471.033(2) FS.

LAW IMPLEMENTED: 455.227, 471.025(1), 471.031, 471.033, 471.033(1)(f), (g), (2) 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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-19.001 Grounds for Disciplinary Proceedings.

(1) through (5) No change.

(6) A professional engineer shall not commit misconduct in the practice of engineering. Misconduct in the practice of engineering as set forth in Section 471.033(1)(g), F.S., shall include, but not be limited to:

(a) through (r) No change.

(s) Renewing or reactivating a license without completion of Continuing Education (CE) hours and subject areas as required by section 471.017, F.S. and Rule 61G15-22.001. 

(7) through (8) No change.

Rulemaking pecific Authority 471.033(2) FS. Law Implemented 471.025(1), 471.033(1)(f), (g), (2) FS. History–New 1-8-80, Amended 6-23-80, 3-23-81, 6-4-85, Formerly 21H-19.01, Amended 5-14-86, 4-23-87, 11-8-88, 1-11-89, 7-3-90, 11-9-92, Formerly 21H-19.001, Amended 11-27-94, 5-20-02,                                         .

 

61G15-19.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) No change.

(2) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

 

VIOLATION	PENALTY RANGE
	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
(a) Violating any provision of Section 455.227(1), 471.025 or  471.031, F.S., or any other provision of Chapter 471, F.S., or rule of the Board or Department (Sections 471.033(1)(a) and 455.227(1)(b), (q), F.S)	Reprimand and $1,000 fine, to One (1) year suspension, two (2) years probation and $5,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation
1. through 4. No change.
5. Failure to complete continuing education (Section 471.017(3), F.S. and Rule 61G15-22.001, F.A.C.)	Reprimand and $1,000 fine, to Suspension until licensee demonstrates compliance	Suspension until licensee demonstrates compliance to Revocation
5.6. No change.
6.7. No change.
7.8. No change.
8.9. No change.
9.10. No change.
10.11. No change
11.12. No change.
12.13. No change.
13.14. No change .
14.15. No change.
(b) through (f) No change.
(g) Fraud, deceit, negligence, incompetence or misconduct (Sections 471.033(1)(g) and 455.227(1)(a), (m), F.S.)
1. through 3. No change.
4. Misconduct (subsection 61G15-19.001(6), F.A.C.)	Reprimand and $1,000 fine to one (1) year suspension	One (1) year suspension to Revocation and $5,000 fine.
a. through h. No change.
i. Renewing or reactivating a license without completion of continuing education hours (paragraph 61G15-19.001(6)(s), F.A.C.)	Reprimand, $1,000 fine, to suspension until licensee demonstrataes compliance	One (1) year suspension and $1,000 fine to Revocation
(h) through (m) No change.

(3) No change.

Rulemaking Authority 455.227, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 471.031, 471.033 FS. History–New 1-7-87, Formerly 21H-19.004, Amended 11-27-94, 5-22-01, 11-15-01, 5-20-02, 11-21-06, 2-21-10,                      .

 

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: February 10, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 1, 2016