The purpose of the amendment is to add text to clarify which disciplinary violations can be resolved through issuance of a citation.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-19.0071Citations

PURPOSE AND EFFECT: The purpose of the amendment is to add text to clarify which disciplinary violations can be resolved through issuance of a citation.

SUMMARY: Update text and adds violations which may be resolved through issuance of a citation.

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

LAW IMPLEMENTED: 455.224, 455.227, 455.228(3)(a), 471.023, 471.033 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] or by electronic mail [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-19.0071 Citations.

(1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a licensee or qualified business organization for the purpose of assessing a penalty in an amount established by this rule.  Citation violations are violations for which there is no substantial threat to the public health, safety, and welfare.

(2) No change.

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

(a) through (g) No change.

(h) Failure to complete any or all CE required prior to renewal of license; all CE completed within thirty (30) days of notification to the licensee.  Rules 61G15-22.001(1) or 61G15-22.006(2), F.A.C.  The fine shall be $500.

(i) Failure to properly qualify or register a business entity – Notice of Noncompliance previously issued – section 471.023, F.S.  The fine shall be $250.

(j) From January 1, 2023 until December 31, 2023, failure to properly sign and seal an Electronic Multidimensional Model submitted as Final Work Product – subsection 61G15-23.001(4), F.A.C. – Notice of Noncompliance previously issued OR which results in adverse impacts to the customer or client.  The fine shall be $500.

(k) Signing or sealing any document that depicts work which is beyond the licensee’s profession or specialty therein or accepting and performing responsibilities the licensee is not competent to perform and which does not evidence any risk to public health, safety or welfare.  (Sections 471.025(3), 455.227(1)(o), F.S., paragraphs 61G15-19.001(6)(c), (d), F.A.C.)  The fine is $750.

(l) Incompetence (Subsection 61G15-19.001(5), F.A.C.) which does not evidence risk to public health, safety or welfare. The fine shall be $750.

(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.

(4) through (8) No change.

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

 

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: April 7, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 30, 2021