The Board proposes the substantial rewrite of the rule to add new language to clarify the time for payment of civil penalties.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Barbers’ Board

Rule No.: RULE TITLE
61G3-15.016: Time for Payment of Civil Penalties
PURPOSE AND EFFECT: The Board proposes the substantial rewrite of the rule to add new language to clarify the time for payment of civil penalties.
SUMMARY: The substantial rewrite of the rule will add new language to clarify the time for payment of civil penalties.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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.
SPECIFIC AUTHORITY: 476.064(4), 455.227(2), 476.204 FS.
LAW IMPLEMENTED: 455.227(2), 476.204 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 61B3-15.016 follows. See Florida Administrative Code for present text.)

61G3-15.016 Time for Payment of Civil Penalties.

(1) In cases where the Board imposes a civil penalty for violation of Section 455.227 or 476.194, F.S., or of the rules promulgated thereunder, the penalty shall be paid within 30 days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order. Moreover, unless otherwise addressed by the Board at hearings held pursuant to Section 120.57(2), F.S., whenever a civil penalty is levied at said hearing the respondent who is disciplined shall have all licensure to practice contracting suspended with the imposition of the suspension being stayed for thirty (30) days. If the ordered civil penalty is paid within said thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the civil penalty after the thirty (30) days, the suspension imposed shall be lifted. If the licensee does not pay the civil penalty, within said period, then immediately upon expiration of the stay, the licensee shall surrender his/her licensure to an investigator of the Department of Business and Professional Regulation or shall mail said license to the Board offices.

(2) Failure to pay the civil penalty within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee.

(3) For purposes of this rule, the term civil penalty shall include the assessment of any fines and costs associated with investigation and prosecution of the complaint.

Rulemaking Specific Authority 476.064(4), 455.227(2), 476.204 FS. Law Implemented 455.227(2), 476.204 FS. History–New 7-16-80, Formerly 21C-15.16, Amended 5-31-93, Formerly 21C-15.016, Amended .

NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbers’ Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 17, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 5, 2010