The purpose of the amendments is to update the rules due to statutory changes from Chapter 2019-86, Laws of Florida, and any additional changes as necessary to effectuate the legislative intent.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-19.001Grounds for Disciplinary Proceedings

61G15-19.0051Notice of Noncompliance

61G15-19.0071Citations

PURPOSE AND EFFECT: The purpose of the amendments is to update the rules due to statutory changes from Chapter 2019-86, Laws of Florida, and any additional changes as necessary to effectuate the legislative intent.

SUMMARY: Update rule texts.

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: 455.224, 455.225, 455.228(3)(a) 471.033(2) FS.

LAW IMPLEMENTED: 455.224, 455.227, 455.228(3)(a), 471.023, 471.025(1), 471.033, 471.033(1)(f), (g), (2) 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: Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; 850-521-0500.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

       61G15-19.001 Grounds for Disciplinary Proceedings.

(1) through (2) No change.  

(3) A professional engineer, corporation or partnership, or other qualified business organization (‘firm”) shall not practice engineering under an assumed, fictitious or corporate name that is misleading as to the identity, responsibility or status of those practicing thereunder or is otherwise false, fraudulent, misleading or deceptive within the meaning of subsection 61G15-19.001(2), F.A.C. When an qualified business organization or individual is practicing engineering as a sole proprietor under a combination of his own given name, and terms such as “engineering,” “and associates” or “and company,” then said person or qualified business organization is practicing engineering under a fictitious name, and must be qualified by a Florida professional engineer obtain a certificate of authorization pursuant to Section 471.023(2), F.S. The name of a corporation or partnership, if otherwise authorized, may include the name or names of one or more deceased or retired members of the firm, or of a predecessor firm in a continuing line of succession. An engineering firm may not offer services to the public under a firm name which contains only the name of an individual not licensed as a professional engineer, registered architect, land surveyor, landscape architect, or professional geologist, in any state.

(4) 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 (n)  No change.  

(o) Failure on the part of any professional engineer or qualified business organization certificate holder to obey the terms of a final order imposing discipline upon said professional engineer or qualified business organization certificate holder;

(p)  through (s) No change.  

(7)  through (8) No change.  

Rulemaking 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, 9-5-16,                            .

 

61G15-19.0051 Notice of Noncompliance.

(1) As an alternative to investigation and prosecution, when a complaint is received, FEMC shall provide a licensee with a notice of noncompliance for an initial offense for the following violations:

(a) through (b) No change. 

(c) Licensee practicing through a business organization Firm practicing that is not properly qualified without the Board for a current certificate of authorization less than one month.

(d)  through (g)  No change.  

(2) No Change. 

Rulemaking Authority 455.225 FS. Law Implemented 455.224 FS. History–New 4-2-00, Amended 5-5-10, 8-26-13, 12-31-17, 5-8-18, _______.

 

61G15-19.0071 Citations.

(1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a licensee or qualified business organization certificateholder for the purpose of assessing a penalty in an amount established by this rule.

(2) No change.  

(3) The following violations with accompanying fines may be disposed of by citation:

(a) An engineer who has practiced or offered to practice engineering through a corporation, partnership, or fictitious name which has not been properly qualified with the board duly certified. The fine shall be $100 for each month or fraction thereof of said activity, up to a maximum of $5,000. (See Sections 455.227(1)(j), 471.023, and 471.033(1)(a), F.S.)

(b) No change.

(c) Business organization Firm practicing without being properly qualified with the board a current certificate of authorization more than one month or if a Notice of Noncompliance has previously been issued for the same offense. The fine shall be $100 for each month or fraction thereof. (See Section 471.023, F.S.)

(d) through (e) No change.  

(4)  through (7) No change.

Rulemaking Authority 455.224, 455.225, 455.228(3)(a) FS. Law Implemented 455.224, 455.227, 455.228(3)(a), 471.023, 471.033 FS. History–New 4-2-00, Amended 9-26-05, 8-26-13,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 1, 2019