The purpose of the amendment is to clarify, update and add to the rule text.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-19.0051Notice of Noncompliance

PURPOSE AND EFFECT: The purpose of the amendment is to clarify, update and add to the rule text.

SUMMARY: Update rule text.

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: 455.225(3), 471.008 FS.

LAW IMPLEMENTED: 120.695, 455.225(3) 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:

 

61G15-19.0051 Notice of Noncompliance.

(1) As specified in paragraph 120.695(2)(b), F.S., minor violations of rules are violations that do not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm.  Accordingly, as provided in paragraph 120.695(2)(a), aAs an alternative to investigation and prosecution, when a complaint is received, FEMC shall provide a licensee with a notice of noncompliance for an initial offense for the following violations:

(a) through (e) No change.

(f) Failure to produce documentation of compliance with continuing education requirements within sixty (60) days of notification to the licensee of the requirement to produce said documentation – first offense – no Notice of Noncompliance previously issued – paragraph 61G15-22.006(2)(c)(b), F.A.C.

(g) through (h) No change.

(i) Practice with an improper seal. (See Rule 61G15-23.001, F.A.C.).

(j) First time failure to complete a Florida Board Approved Laws and Rules and/or Professional Ethics Continuing Education course, as required by section 61G15-22.001(1), F.A.C., if a non-approved L&R or PE course was taken prior to licensure renewal.

(k) Licensee’s first time failure to properly register OR qualify a business entity as required by section 471.023, F.S.

(l) From the effective date of the rule amendment until December 31, 2022, a first time failure to properly sign and seal an Electronic Multidimensional Model submitted as Final Work Product – subsection 61G15-23.001(4), F.A.C.

(2) through (3) No change.

Rulemaking Authority 455.225 FS. Law Implemented 455.224 FS. History–New 4-2-00, Amended 5-5-10, 8-26-13, 12-31-17, 5-8-18, 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