Purpose and effect is to amend the rule to include guidelines for all the violations.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Engineers

RULE NO: RULE TITLE
61G15-19.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: Purpose and effect is to amend the rule to include guidelines for all the violations.
SUBJECT AREA TO BE ADDRESSED: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
SPECIFIC AUTHORITY: 455.227, 471.008, 471.031, 471.033 FS.
LAW IMPLEMENTED: 455.227, 471.031, 471.033 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carrie Flynn, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite 200, Tallahassee, Florida 32301

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

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:

 

VIOLATION	PENALTY RANGE
	FIRST VIOLATION MINIMUM	SECOND AND SUBSEQUENT VIOLATIONS MAXIMUM
(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 Reprimand and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation One (1) year suspension, two (2) years probation and $5,000 fine
1. Failure to sign, seal or date documents (Section 471.025(1), F.S.)	Reprimand to one (1) year probation Reprimand	Reprimand and one (1) year probation to Revocation Reprimand and one (1) year probation
2. Sealing any document after license has expired or been revoked or suspended, or failure to surrender seal if the license has been revoked or suspended (Section 471.025(2), F.S.)	No change       No change	Suspended license: Revocation and $5,000 fine   Revoked license: Referral to State’s Attorney’s office
3. Signing or sealing any document that depicts work the licensee is not licensed to perform or which is beyond his or her profession or specialty therein or practicing or offering to practice beyond the scope permitted by law or accepting and performing responsibilities the licensee is not competent to perform (Sections 471.025(3), 455.227(1)(o), F.S., paragraphs 61G15-19.001(6)(c), (d), F.A.C.)	Reprimand, one (1) year probation and $1,000 fine; to $5,000 fine, one (1) year suspension and two (2) years probation Reprimand, one (1) year probation and $1,000 fine	Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation to Revocation Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
4. Firm practicing without certificate of authorization (Section 471.023, F.S. and subsection 61G15-19.001(3), F.A.C.)	Reprimand, $1,000 fine to one (1) year suspension and $5,000 fine Reprimand	Reprimand, one (1) year suspension and $5,000 fine to Revocation Revocation
5. Failure to complete continuing education (Section 471.017(3), F.S. and Rule 61G15-22.001, F.A.C.)	Reprimand and $1,000 fine, to Suspend until licensee demonstrates compliance Suspend until licensee demonstrates compliance	Suspend until licensee demonstrates compliance to Revocation Revocation
6. 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 $1,000 fine per count	$5,000 fine to $10,000 fine to referral to State Attorney’s Office $5,000 fine per count
7. Presenting as his or her own the license of another (Section 471.031(1)(c), F.S.)	$1000 fine to $5,000 fine $1,000 fine per count	$5,000 fine to $10,000 fine and referral to State Attorney’s Office $5,000 per count and revocation
8. Giving false or forged evidence to the Board or concealing information relative to violations of this chapter (Sections 471.031(1)(d), (g), F.S.)	$1,000 fine to $5,000 fine and suspension $1,000 fine per count	Reprimand and $5,000 fine to Revocation $5,000 per count and revocation
9. Employing unlicensed persons to practice engineering or aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S. (Sections 471.031(1)(f) and 455.227(1)(j), F.S.)	$1,000 fine and reprimand; to $5,000 fine and suspension $1,000 fine per count and reprimand	Reprimand and $5,000 fine to Revocation $5,000 per count and revocation
10. Having been found liable for knowingly filing a false complaint against another licensee (Section 455.227(1)(g), F.S.)	$1,000 fine and reprimand; to $5,000 per count and suspension $1,000 fine per count and reprimand	Reprimand and $5,000 fine to Revocation $5,000 fine per count and revocation
11. Failing to report a person in violation of Chapter 455, Chapter 471, F.S., or the rules of the Board or the Department (Section 455.227(1)(i), F.S.)	Reprimand to $5,000 fine and suspension for one (1) year Reprimand	Reprimand and $5,000 fine to Revocation Reprimand, $5,000 per count and suspension for one (1) year
12. Failing to perform any statutory or legal obligation (Section 455.227(1)(k), F.S.)	Reprimand to Revocation Reprimand	Reprimand to Revocation Revocation
13. Exercising influence on a client for financial gain (Section 455.227(1)(n), F.S.)	Reprimand to one (1) year suspension and $5,000 fine Reprimand	Reprimand and $5,000 fine to Revocation Revocation
14. Improper delegation of professional responsibilities (Section 455.227(1)(p), F.S.)	$1,000 fine and probation for one (1) year, to suspension $1,000 fine per count and probation for one (1) year	Reprimand and $5,000 fine to Revocation Revocation
15. Improperly interfering with an investigation or inspection or disciplinary proceeding (Section 455.227(1)(r), F.S.)	$1,000 fine and probation for one (1) year; to suspension $1,000 fine per count and probation for one (1) year	Reprimand and $5,000 fine to Revocation Revocation
(b) Attempting to procure a license by bribery, fraudulent misrepresentation, or error of the Board or Department (Sections 471.033(1)(b) and 455.227(1)(h), F.S.)	One (1) years suspension and $1,000 fine, to Revocation if licensed; if not licensed, denial of license and referral to State Attorney Revocation and $1,000 fine if licensed; if not licensed, denial of license and referral to State Attorney	Revocation and $5,000 fine if licensed; if not licensed, denial of license and referral to State Attorney
(c) Having a license to practice engineering acted against or denied by another jurisdiction (Sections 471.033(1)(c) and 455.227(1)(f), F.S.)	Same penalty as imposed in other jurisdiction or as close as possible to penalties set forth in Florida Statutes Same penalty as imposed in other jurisdiction or as close as possible to penalties set forth in Florida Statutes	Same penalty as imposed in other jurisdiction or as close as possible to penalties set forth in Florida Statutes
(d)1. Being convicted or found guilty of, or entering a plea of nolo contendere to a crime which relates to the practice or ability to practice (Sections 471.033(1)(d) and 455.227(1)(c), F.S.)	Reprimand $1,000 fine, and one (1) year probation, to Revocation Misdemeanor: reprimand and one (1) year probation   Felony: Revocation and $1,000 fine	One (1) year suspension with 2 years probation to Revocation Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
2. Conviction of crime related to building code inspection or plans examination (paragraph 61G15-19.001(7)(a), F.A.C.)	Reprimand $1,000 fine, and one (1) year probation Misdemeanor: reprimand and one (1) year probation   Felony: Revocation and $5,000 fine	One (1) year suspension with 2 years probation to Revocation Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
(e) Knowingly making or filing a false report or record, failing to file a report or record required by law, impeding or obstructing such filing (Sections 471.033(1)(e), 455.227(1)(l), F.S. and paragraph 61G15-19.001(7)(c), F.A.C.)	Reprimand and $1,000 fine to one (1) year suspension, two (2) years probation One (1) year suspension, two (2) years probation, $1,000 fine	One (1) year suspension, 2 years probation, and $1,000 fine, to Revocation and $5,000 fine Revocation and $5,000 fine
(f) Fraudulent, false, deceptive or misleading advertising (Sections 471.033(1)(f), F.S. and subsection 61G15-19.001(2), F.A.C.)	Reprimand to one (1) year probation and $5,000 fine Reprimand	One (1) year probation and $5,000 fine to Revocation Reprimand, one (1) year probation and $5,000 fine
(g) Fraud, deceit, negligence, incompetence or misconduct (Sections 471.033(1)(g) and 455.227(1)(a), (m), F.S.)
1. Fraud or deceit	Reprimand, two (2) years probation and $1,000 fine, to one (1) years suspension and $5,000 fine. Reprimand, two (2) years probation and $1,000 fine	One (1) year suspension and $5,000 fine to Revocation $5,000 fine and revocation
2.a. Negligence (subsection 61G15-19.001(4), F.A.C.)	Reprimand, two (2) years probation and $1,000 fine, to $5,000 fine, five (5) year suspension and ten (10) years probation Reprimand, two (2) years probation and $1,000 fine	Two (2) years probation and $1,000 fine, to $5,000 fine and Revocation Reprimand, $5,000 fine, five (5) year suspension and ten (10) years probation
b. As a special inspector	Reprimand, two (2) years probation and $1,000 fine, to $5,000 fine Reprimand, two (2) years probation and $1,000 fine	Two (2) years probation and $1,000 fine, to $5,000 fine and Revocation Reprimand, $5,000 fine, five (5) year suspension and ten (10) years probation or revocation
3. Incompetence (subsection 61G15-19.001(5), F.A.C.)	Two (2) year probation to Suspension until ability to practice proved followed by two (2) year probation Suspension until ability to practice proved followed by probation	Suspension until ability to practice proved followed by two (2) year probation, to Revocation
4. Misconduct (subsection 61G15-19.001(6), F.A.C.)	Reprimand and $1,000 fine to one (1) year suspension $1,000 fine per count and reprimand	One (1) year suspension to Revocation and $5,000 fine. Revocation
a. Expressing an opinion publicly on an engineering subject without being informed as to the facts and being competent to form a sound opinion (paragraph 61G15-19.001(6)(a), F.A.C.)	Reprimand and $1,000 fine to one (1) year suspension Reprimand and $1,000 fine per count	One (1) year suspension to Revocation and $5,000 fine. Revocation
b. Being untruthful, deceptive or misleading in any professional report, statement or testimony or omitting relevant and pertinent information from such report, statement or testimony when the result or such omission would or reasonably could lead to a fallacious conclusion (paragraph 61G15-19.001(6)(b), F.A.C.)	Reprimand and $1,000 fine to one (1) year suspension Reprimand and $1,000. fine per count	One (1) year suspension to Revocation and $5,000 fine. Revocation
c. Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for engineering employment other than the payment of the usual commission for securing salaried positions through licensed employment agencies (paragraph 61G15-19.001(6)(e), F.A.C.)	Reprimand, $5,000 fine per count and suspension for five (5) years, to Revocation $5,000 fine per count and suspension for five (5) years	Five (5) years suspension to Revocation Revocation
d. Soliciting or accepting gratuities without client knowledge (paragraphs 61G15-19.001(6)(g), (h), F.A.C.)	Reprimand, one (1) year probation and $1,000 fine, to one (1) year suspension, two (2) years probation and $5,000 fine Reprimand, one (1) year probation and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation Reprimand, one (1) year suspension, two (2) years probation and $5,000 fine
e. Failure to preserve client’s confidence (paragraph 61G15-19.001(6)(r), F.A.C.)	Reprimand, one (1) year probation and $1,000 fine, to one (1) year suspension, two (2) years probation (if pecuniary benefit accrues to engineer) Reprimand, one (1) year probation and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation Reprimand, one (1) year suspension, two (2) years probation (if pecuniary benefit accrues to engineer)
f. Professional judgment overruled by unqualified person (paragraph 61G15-19.001(6)(i), F.A.C.)	Reprimand, one (1) year probation and $1,000 fine, to one (1) year suspension, two (2) years probation and $5,000 fine Reprimand, one (1) year probation and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation Reprimand, one (1) year suspension, two (2) years probation and $5,000 fine
g. Use of name/firm in fraudulent venture (paragraph 61G15-19.001(6)(k), F.A.C.)	Reprimand, one (1) year probation and $1,000 fine, to $5,000 fine, one (1) year suspension and two (2) years probation Reprimand, one (1) year probation and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
h. Undisclosed conflict of interest (paragraphs 61G15-19.001(6)(f), (p), F.A.C.)	Reprimand, $1,000 fine and two (2) years probation, to Revocation and $5,000 fine Reprimand, $1,000 fine and two (2) years probation	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation Revocation and $5,000 fine
(h) Violating any provision of Chapter 455, F.S. (Sections 471.033(1)(h) and 455.227(1)(q), F.S.)	Reprimand and $1,000 fine per count, to $5,000 fine and revocation Reprimand and $1,000 fine per count	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation $5,000 fine per count and revocation
(i) Practicing on a revoked, suspended, inactive or delinquent license (Sections 471.033(1)(i) and 471.031(1)(e), F.S.)
1. Delinquent license	Fine based on length of time in practice while inactive; $100/month or $1,000 maximum, renewal of license or cease practice Reprimand	Revocation
2. Inactive license	Fine based on length of time in practice while inactive; $100/month or $1,000 maximum, renewal of license or cease practice Fine based on length of time in practice while inactive; $100/month or $1,000 maximum, renewal of license or cease practice
3. Suspended license	Revocation and $1,000 fine Revocation and $1,000 fine
4. Revoked license	Referral to State Attorney Referral to State Attorney	Referral to State Attorney
(j) Affixing or permitting to be affixed his or her seal, name, or digital signature to any documents that were not prepared by him or her or under his or her responsible supervision, direction or control (Section 471.033(1)(j), F.S. and paragraphs 61G15-19.001(6)(j), (q), F.A.C.)	Reprimand, one (1) year probation and $1,000 fine, to $5,000 fine, one (1) year suspension and two (2) years probation Reprimand, one (1) year probation and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine to Revocation Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
(k) Violating any order of the board or department (Sections 471.033(1)(k), 455.227(1)(q), F.S. and paragraph 61G15-19.001(6)(o), F.A.C.)	Suspension until compliant with the order of the Board and $1,000 fine, to Revocation and $5,000 fine Suspension and $1,000 fine	Suspension until compliant with the order of the Board and $1,000 fine, to Revocation and $5,000 fine Revocation and $5,000 fine
(l) Aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S. (Section 455.227(1)(j), F.S.)	$1,000 fine and probation for one (1) year, to $5,000 fine and suspension Reprimand and $1,000 fine per count	Reprimand and $5,000 fine to Revocation $5,000 fine per count and revocation

 

(3) No change.

Specific Authority 455.227, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 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,                .