DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Electrical Contractors’ Licensing Board
RULE NO.:RULE TITLE:
61G6-10.002Violations and Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 39, February 27, 2017 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and in response to discussion and a vote by the Board at its duly-noticed public meeting held on March 24, 2017, in Howey-in-the Hills, Florida. The rule shall now read as follows:
61G6-10.002 Violations and Penalties.
(1) through (2) No change.
(3) 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
1st OFFENSE
2nd OFFENSE
3rd OFFENSE
(a) through (i) No change.
(j) Section 489.533(1)(j), F.S., (Section 455.227(1)(j), F.S.), assisting in unlicensed practice.
From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
Section 489.533(1)(j), F.S.: From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.
Section 455.227(1)(j), F.S.: From reprimand and $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
Section 489.533(1)(j), F.S.: From $10,000 fine and suspension followed by probation, up to denial or revocation.
Section 455.227(1)(j), F.S.: From $5,000 fine and suspension followed by probation, up to denial or revocation.
(k) through (n) No change.
(o) Section 489.533(1)(o), F.S., failing to materially comply with provisions of this Chapter 489, Part II, F.S., or board rules.
From reprimand and $500 to $1,000 fine, up to probation, suspension, revocation or denial.
From reprimand and $1,000 to $2,500 fine and probation, up to suspension followed by probation, or revocation
or denial.
From reprimand and $2,500 to $5,000 fine and suspension followed by probation, or revocation or denial.
(p) Section 489.533(1)(p),
F.S., (Section 455.227(1)(j), F.S.), abandoning a project.
From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.
From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.
From reprimand and $5,000 to $10,000 fine and suspension, up to revocation.
Section 455.227(1)(j), F.S.: From reprimand and $5,000 fine and suspension, up to revocation.
(q) through (v) No change.
(w) Section 455.227(1)(i), F.S.,
failing to report to the
Department any person in violation of Chapters 455, and 489, Part II, or the Board rules.
From $500 fine, up to probation, suspension
followed by probation, or denial or revocation.
From $750 to $1,500 fine, up to probation, suspension followed by probation, or denial or revocation.
From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.
(x) through (cc) No change.
(4) The absence of a guideline penalty from this rule for a violation of Chapter 489, Part II, F.S., or the rules promulgated thereto, shall be construed as an oversight and not as an indication that no penalty is to be assessed. Where no penalty is specified, the guideline penalty for the violation most closely approximating the offense shall apply.
Rulemaking Authority 455.2273(1)(2), 489.507(3) FS. Law Implemented 455.227, 455.2273, 489.533 FS. History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ruthanne Christie, Executive Director, Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0751.
