The Board proposes rule amendment to update disciplinary guidelines as required by HB 1193, enacted in 2020.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Geologists

RULE NO.:RULE TITLE:

61G16-9.001Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes rule amendment to update disciplinary guidelines as required by HB 1193, enacted in 2020.

SUMMARY: Disciplinary guidelines will be updated as required by HB 1193, enacted in 2020.

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: 455.2273, 492.104, 492.113(2) FS.

LAW IMPLEMENTED: 455.227, 455.2273, 492.113(1), (2), (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: Richard Morrison, Executive Director, Board of Professional Geologists, 2601 Blair Stone Road, Tallahassee, FL 32399-1039; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G16-9.001 Disciplinary Guidelines.

(1) Whenever the Board finds a licensee guilty of violating a provision of Chapter 492, F.S., the following Penalty Guidelines shall be followed:

Statutory Violation	Description of Violation (This description is a general summary. It is not designed to be used in charging documents. Reference should be made to the statute identified for a complete statement of the substance of the violation).	Penalty Range for First Violation.	Penalty Range for Subsequent Violation.
(a) through (b) No change.
(c) Violation of: Section 492.111(2), F.S.	Operating a Business without a Certificate of Authorization from the Department.	Fine up to $1000 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions.	Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.
(d) through (t) redesignated (c) through (s).
(t)(u) Violation of: Section 492.113(1)(j), F.S.	Affixing licensee’s name to or permitting licensee’s name to be used on  same of his name to geological papers, reports or documents neither prepared by licensee or under his or her responsible supervision, direction or control.	Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions.	Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.
(u) (v) No change.

(2) through (5) No change.

(6) Notice of Noncompliance – An alternative to investigation and prosecution when a complaint is received, the Department of Business and Professional Regulation may issue a Notice of Noncompliance for a first offense of the following violations:

(a) through (b) No change.

(c) Practice by a firm without a current certificate of authorization for less than one month.

Rulemaking Authority 455.2273, 492.104, 492.113(2) FS. Law Implemented 455.227, 455.2273, 492.113(1), (2), (3) FS. History–New 7-3-05, Amended 2-7-13, 7-3-17,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Geologists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Geologists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2020