Grounds for Disciplinary Proceedings, Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Engineers
RULE NOS.:RULE TITLES:
61G15-19.001Grounds for Disciplinary Proceedings
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 in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 76, April 19, 2016 issue of the Florida Administrative Register.
61G15-19.001 Grounds for Disciplinary Proceedings.
(1) through (5) No change.
(6) A professional engineer shall not commit misconduct in the practice of engineering. Misconduct in the practice of engineering as set forth in Section 471.033(1)(g), F.S., shall include, but not be limited to:
(a) through (b) No change.
(c) Performing an engineering assignment when not qualified by training or experience in the practice area involved;
1. All professional engineer asbestos consultants are subject to provisions of Sections 469.001 - 469.014 455.301 - .309, F.S., Chapter 471, F.S., and Rule 61G15-19, F.A.C., and shall be disciplined as provided therein.
2. No change.
(d) through (s) No change.
(7) through (8) No change.
RulemakingSpecific Authority 471.033(2) FS. Law Implemented 471.025(1), 471.033(1)(f), (g), (2) FS. History–New 1-8-80, Amended 6-23-80, 3-23-81, 6-4-85, Formerly 21H-19.01, Amended 5-14-86, 4-23-87, 11-8-88, 1-11-89, 7-3-90, 11-9-92, Formerly 21H-19.001, Amended 11-27-94, 5-20-02, .
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 4. No change.
5. Practicing engineering without a license or using a name or title tending to indicate that such person holds an active license as an engineer
(Sections 471.031(1)(a), (b), F.S.)
$1,000 fine to $5,000 fine
$5,000 fine and to $10,000 fine to referral to State Attorney’s Office
6. Presenting as his or her own the license of another
(Section 471.031(1)(c), F.S.)
$1,000 fine to $5,000 fine
$5,000 fine to $10,000 fine and referral to State Attorney’s Office
7. through 14. No change.
(b) through (f) No change.
(g) Fraud, deceit, negligence, incompetence or misconduct
(Sections 471.033(1)(g) and 455.227(1)(a), (m), F.S.)
1. through 3. No change.
4. Misconduct
(subsection 61G15-19.001(6), F.A.C.)
Reprimand and $1,000 fine to one (1) year suspension
One (1) year suspension to Revocation and $5,000 fine.
a. through h. No change.
i. Renewing or reactivating a license without completion of continuing education hours (paragraph 61G15-19.001(6)(s), F.A.C.)
Reprimand, $1,000 fine, to suspension until licensee demonstrates compliance
One (1) year suspension and $1,000 fine to Revocation
(h) through (m) No change.
(3) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the board prior to the imposition of a final penalty. The fact that an Administrative Law Judge Hearing Officer of the Division of Administrative Hearings may or may not have been aware of the below mentioned aggravating or mitigating circumstances prior to a recommendation of penalty in a Recommended Order shall not obviate the duty of the board to consider aggravating and mitigating circumstances brought to its attention prior to the issuance of a Final Order.
(a) through (b) No change.
Rulemaking Authority 455.227, 455.2273, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 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, .
