Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    BOARD OF PROFESSIONAL ENGINEERS

    RULE NO.:RULE TITLE:

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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule published in Vol. 42 No. 76, April 19, 2016 issue of the Florida Administrative Register and the Notice of Change published in Vol. 42 No.130, July 6, 2016 issue of the Florida Administrative Register, in accordance with subparagraph 120.54(3)(d)1., F.S. 

     

    THE TEXT OF THE PROPOSED RULE WILL NOW READ:

    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. For the purposes of this rule, the descriptions of the violations are abbreviated and the full statute or rule cited should be consulted to determine the prohibited conduct.

     

    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 10. No change.

     

     

    11. Failing to perform any statutory or legal obligation (Section 455.227(1)(k), F.S.)

    Depending on the severity of the offense, from a Reprimand to one (1) year suspension and a $1,000 fine Revocation

    Depending on the severity of the offense, from a Reprimand and a $5,000 fine to Revocation

    12. through 14. No change.

     

     

    (b) through (m) No change.

     

     

    (3) No change.

    Rulemaking Authority 455.227, 455.2273, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 455,2273, 455.2277, 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,                      .