The Board proposed the rule amendments to revise and update the rule language to include the newest iteration of the sunset language for citations and confidentiality of investigations.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-19.0071Citations

61G15-19.008Confidentiality of Investigations

PURPOSE AND EFFECT: The Board proposed the rule amendments to revise and update the rule language to include the newest iteration of the sunset language for citations and confidentiality of investigations.

SUMMARY: To revise and update the rule language for citations and confidentiality of investigations.

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: 455.224, 455.225, 455.228(3)(a), 471.038(7) FS.

LAW IMPLEMENTED: 455.224, 455.227, 455.228(3)(a), 471.023, 471.033, 471.038(7) 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, 2400 Mahan Drive, Tallahassee, FL 32308; [phone] or by electronic mail, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-19.0071 Citations.

(1) through (2) No Change.

(3) The following violations with accompanying fines may be disposed of by citation:

(a) through (l) No Change.

(m) Violating any provision of Chapter 455, F.S. (Sections 471.033(1)(h) and 455.227(1)(q), F.S.); no evidence of intent or willful action and no evidence of risk to public health, safety or welfare.  The fine shall be $500.

(n) No Change.

(o) Failure to complete a board-approved Advanced Building Code course as required by subsection 61G15-22.001(3), F.A.C., prior to submission of engineering permit documents in connection with buildings, structures, or facilities and systems covered by the Florida Building Code to an Authority Having Jurisdiction – Notice of Noncompliance previously issued.  The fine shall be $500.

(4) through (7) No Change.

(8) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective dateNo later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 455.224, 455.225, 455.228(3)(a), 471.038(7) FS. Law Implemented 455.224, 455.227, 455.228(3)(a), 471.023, 471.033, 471.038(7) FS. History–New 4-2-00, Amended 9-26-05, 8-26-13, 12-29-19, 5-17-20, 11-2-20, 8-22-21, 8-15-22,                         .

 

61G15-19.008 Confidentiality of Investigations.

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

(1) No Change.

(2) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective dateNo later than 90 days prior to December 31, 2022, the Board shall review and amend, modify, or sunset this rule if it determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs. Failure by the Board to act in accordance with this provision will result in the expiration of this rule on December 31, 2022.

Rulemaking Authority 471.038(7) FS. Law Implemented 471.038(7) FS. History–New 5-20-02, Amended 6-5-12, 3-23-22,___________.

 

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 7, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 19, 2024