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.
SUMMARY: The rule is amended to include guidelines for all the violations.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 455.227, 471.008, 471.031, 471.033 FS.
LAW IMPLEMENTED: 455.227, 471.031, 471.033 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: Paul Martin, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite 200, Tallahassee, Florida 32301.

THE FULL TEXT OF THE PROPOSED RULE 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
		MINIMUM	MAXIMUM
(a) Violating any provision of s. 455.227(1), s. 471.025 or  471.031, or any other provision of Chapter 471 or rule of the Board or Department [471.033(1)(a), 455.227(1)(b)(q)]		Reprimand and $1,000 fine	One (1) year suspension, two (2) years probation and $5,000 fine
1.  Failure to sign, seal or date documents [471.025(1)]		Reprimand	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  Sealing any document after license has expired or been revoked or suspended, or failure to surrender seal if the license has been revoked or suspended [471.025(2)]		Suspended license: Revocation and $1,000 fine   Revoked license: Referral to State’s Attorney’s office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 [471.025(3), 455.227(1)(o), 61G15-19.001(6)(c) (d) ]		Reprimand, one (1) year probation and $1,000 fine	Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
4.  Firm practicing without certificate of authorization [471.023, 61G15-19.001(3)]		Reprimand	Revocation
5.  Failure to complete continuing education [471.017(3), 61G15-22.001]		Suspend until licensee demonstrates compliance	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 [471.031(1)(a)(b)]		$1,000.00 fine per count	$5,000.00 fine per count
7.  Presenting as his or her own the license of another [471.031(1)(c)]		$1,000.00 fine per count	$5,000.00 per count and revocation
8.  Giving false or forged evidence to the Board or concealing information relative to violations of this chapter [471.031(1)(d) (g)]		$1,000.00 fine per count	$5,000.00 per count and revocation
9.  Employing unlicensed persons to practice engineering or aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapters 455 or 471 [471.031(1)(f), 455.227(1)(j)]		$1,000.00 fine per count and reprimand	$5,000.00 per count and revocation
10.  Having been found liable for knowingly filing a false complaint against another licensee [455.227(1)(g)]		$1,000.00 fine per count and reprimand	$5,000.00 fine per count and revocation
11.  Failing to report a person in violation of Chapter 455, Chapter 471 or the rules of the Board or the Department [455.227(1)(i)]		Reprimand	Reprimand, $5,000.00 per count and suspension for one year
12.  Failing to perform any statutory or legal obligation [455.227(1)(k)]		Reprimand	Revocation
13.  Exercising influence on a client for financial gain [455.227(1)(n)]		Reprimand	Revocation
14.  Improper delegation of professional responsibilities [455.227(1)(p)]		$1,000.00 fine per count and probation for one year	Revocation
15.  Improperly interfering with an investigation or inspection or disciplinary proceeding [455.227(1)(r)]		$1,000.00 fine per count and probation for one year	Revocation
(b) Attempting to procure a license by bribery, fraudulent misrepresentation, or error of the Board or Department [471.033(1)(b), 455.227(1)(h)]		Revocation and $1,000 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 [471.033(1)(c), 455.227(1)(f)]		Same penalty as imposed in other jurisdiction or as close as possible to penalties set forth in Florida Statutes
(d) Being convicted or found guilty of, or entering a plea of nolo to a crime which relates to the practice or ability to practice [471.033(1)(d), 455.227(1)(c)]		Misdemeanor: reprimand and one (1) year probation   Felony: Revocation and $1,000 fine	Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
1.  Conviction of crime related to building code inspection or plans examination [61G15-19.001(7)(a)]		Misdemeanor: reprimand and one (1) year probation   Felony: Revocation and $5,000 fine	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 [471.033(1)(e), 61G15-19.001(7)(c), 455.227(1)(l)]		One (1) year suspension, two (2) years probation, $1,000 fine	Revocation and $5,000 fine
(f) Fraudulent, false, deceptive or misleading advertising [471.033(1)(f), 61G15-19.001(2)]		Reprimand	Reprimand, one (1) year probation and $5,000 fine
(g) Fraud, deceit, negligence, incompetence or misconduct (471.033(1)(g), 455.227(1)(a)(m)
1.  Fraud or deceit		Reprimand, two (2) year probation and $1,000 fine	$5,000 fine and revocation
2.  Negligence [61G15-19.001(4)]		Reprimand, two (2) years probation and $1,000 fine	Reprimand, $5,000 fine, five (5) year suspension and ten (10) years probation
a.  As a special inspector		Reprimand, two (2) years probation and $1,000 fine	Reprimand, $5,000 fine, five (5) year suspension and ten (10) years probation or revocation
3.  Incompetence [61G15-19.001(5)]		Suspension until ability to practice proved followed by probation
4.  Misconduct [61G15-19.001(6)]		$1,000.00 fine per count and reprimand	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 [61G15-19.001(6)(a)]		Reprimand and $1,000.00 fine per count	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 [61G15-19.001(6)(b)]		Reprimand and $1,000.00 fine per count	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 [61G15-19.001(6)(e)]		$5,000.00 fine per count and suspension for five years	Revocation
d.  Soliciting or accepting gratuities without client knowledge [61G15-19.001(6)(g)(h)]		Reprimand, one (1) year probation and $1,000 fine	Reprimand, one (1) year suspension, two (2) years probation and $5,000 fine
e.  Failure to preserve client=s confidence [61G15-19.001(6)(r)]		Reprimand, one (1) year probation and $1,000 fine	Reprimand, one (1) year suspension, two (2) years probation (if pecuniary benefit accrues to engineer)
f.  Professional judgment overruled by unqualified person [61G15-19.001(6)(i)]		Reprimand, one (1) year probation and $1,000 fine	Reprimand, one (1) year suspension, two (2) years probation and $5,000 fine
g.  Use of name/firm in fraudulent venture [61G15-19.001(6)(k)]		Reprimand, one (1) year probation and $1,000 fine	Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
h.  Undisclosed conflict of interest [61G15-19.001(6)(f)(p)]		Reprimand, $1,000 fine and two (2) years probation	Revocation and $5,000 fine
(h) Violating any provision of Chapter 455 [471.033(1)(h), 455.227(1)(q)]		Reprimand and $1,000.00 fine per count	$5,000.00 fine per count and revocation
(i) Practicing on a revoked, suspended, inactive or delinquent license [471.033(1)(i), 471.031(1)(e)]
1.  Delinquent license		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
3.  Suspended license		Revocation and $1,000 fine
4.  Revoked license		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 [471.033(1)(j), 61G15-19.001(6)(j)(q)]		Reprimand, one (1) year probation and $1,000 fine	Reprimand, $5,000 fine, one (1) year suspension and two (2) year probation
(k) Violating any order of the board or department [471.033(1)(k), 61G15-19.001(6)(o), 455.227(1)(q)]		Suspension and $1,000 fine	Revocation and $5,000 fine
(l) Aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapters 455 or 471 [455.227(1)(j)]		Reprimand and $1,000.00 fine per count	$5,000.00 fine per count and revocation

 

(a) Failure to date plans	Reprimand	Reprimand and one (1)
(471.025(1), F.S.)		year probation
(b) Signing or sealing	Reprimand	Reprimand,
work not competent	and $1,000	$5,000 fine,
to perform	fine and one	one (1) year
(455.227(1)(o), F.S.)	(1) year	suspension
(471.025(3), F.S.)	probation	and two (2)
(paragraphs 61G15-19.001		year probation
(6)(c), (d))
(c) “Plan stamping”	Reprimand,	Reprimand, $5,000
(471.033(1)(j), F.S.)	one (1) year	fine, one (1) year
(paragraphs 61G15-19.001	probation and	suspension and
(6)(j), (q))	$1,000 fine	two (2) year probation
(d) Violating a Final	Suspension and	Revocation and
Order of the Board	$1,000 fine	$5,000 fine
(455.227(1)(q), F.S.)
(471.033(1)(k), F.S.)
(paragraph 61G15-19.001(1)(o))
(e) Attempting to procure	Revocation and
or procuring a license	$1,000 fine if
by bribery or fraudulent	licensed (denial
misrepresentation	of license and
(455.227(1)(h), F.S.)	refer to State
(471.033(1)(b), F.S.)	Attorney if not
	licensed)
(f) License disciplined by	Same penalty as
another jurisdiction	imposed in
(455.227(1)(f), F.S.)	other jurisdiction or
(471.033(1)(c), F.S.)	as closely as possible to
	penalties set forth in
	Florida Statutes
(g) Criminal Conviction	Misdemeanor:	Reprimand,
relating to engineering	reprimand &	$5,000 fine,
(455.227(1)(c), F.S.)	one (1) year	one (1) year
(471.033(1)(d), F.S.)	probation	suspension and
(paragraph 61G15-19.001(6)(i))		two (2) year
		probation
	Felony: Revocation
	and $1,000 fine
(h) Practice on	Revocation and $1,000 fine
suspended license
(455.227(1)(q), F.S.)
(471.033(1)(i), F.S.)
(i) Practice on inactive	Fine based on
license	length of time
(455.227(1)(q), F.S.)	in practice while
(471.033(1)(i), F.S.)	inactive; $100/month or
	$1,000 maximum
	(penalty will require licensee
	to renew license or cease
	practice)
(j) Practice on revoked	Refer to State Attorney for
license	criminal prosecution
(455.227(1)(q), F.S.)
(471.033(1)(i), F.S.)
(k) Knowingly making or	One (1) year	Revocation and
filing false report	suspension,	$5,000 fine
(455.227(1)(l), F.S.)	two (2) year
(471.033(1)(e), F.S.)	probation and
(paragraph 61G15-19.001(6)(b))	$1,000 fine
(l) Fraudulent, false,	Reprimand	Reprimand, one
deceptive, or		(1) year
misleading advertising		probation and
(455.227(1)(a), F.S.)		$5,000 fine
(471.033(1)(f), F.S.)
(subsection 61G15-19.001(2))
(m) Negligence	Reprimand,	Reprimand,
(455.227(1)(q), F.S.)	two (2) year	$5,000 fine,
(471.033(1)(g), F.S.)	probation	five (5) year
	and $1,000	suspension and
	fine	ten (10) year
		probation
(n) Fraud or deceit	Reprimand,	$5,000 fine
(455.227(1)(a), (m), F.S.)	one (1) year	and revocation
(471.033(1)(g), F.S.)	suspension,
	two (2) year
	probation and
	$1,000 fine
(o) Misconduct
1. Soliciting or accepting	Reprimand, one	Reprimand, one
gratuities without	(1) year	(1) year
client knowledge:	probation	suspension,
(455.227(1)(q), F.S.	and $1,000	two (2) year
(471.033(1)(g), F.S.)	fine	probation and
(paragraphs 61G15-19.001(6)(g), (h))
2. Failure to preserve	Reprimand, one	Reprimand,
client’s confidence:	(1) year	one (1) year
(455.227(1)(q), F.S.)	probation	suspension and
(paragraph 61G15-19.001(6)(r))	and $1,000	two (2) year
	fine	probation (if
		pecuniary
		benefit
		accrues to
		engineer)
3. Professional judgment	Reprimand, one	Reprimand,
is overruled by	(1) year	one (1) year
unqualified person:	probation	suspension,
(455.227(1)(q), F.S.)	and $1,000	two (2) year
(paragraph 61G15-19.001(6)(i))	fine	probation and
		$5,000 fine
4. Use of name/firm in	Reprimand one	Reprimand
fraudulent venture:	(1) year	$5,000 fine,
(455.227(1)(q), F.S.)	probation	one (1) year
(paragraph 61G15-19.001(6)(k))	and $1,000	suspension and
	fine	two (2) year
		probation
(p) Incompetence (mental	Suspension until
or physical impairment)	ability to practice
(455.227(1)(q), F.S.)	proved followed
(subsection 61G15-19.001(5))	by probation
(q) Undisclosed conflict	Reprimand,	Revocation
of interest	$1,000 fine,	and $5,000
(455.227(1)(q), F.S.)	and two	fine
(paragraphs 61G15-19.001(6)(f), (p))	(2) year
	probation
(r) Firm practicing	Reprimand
without certificate
of authorization
(455.227(1)(q), F.S.)
(471.023, F.S.)
(s) Violation of any provision	Reprimand,	One (1) year
of Chapter 61G15, F.A.C.,	$1,000 fine	suspension,
or Chapter 471, F.S.		two (2) year
(455.227, F.S.)		probation and
(471.033(1)(a), F.S.)		$5,000 fine
(t) Conviction of crime related to building code inspection or	Misdemeanor: reprimand and one (1) year probation	Reprimand, $5,000 fine, one (1) year
plans examination		suspension and
(paragraph 61G15-19.001(7)(a))	Felony: revocation and $500 fine	two (2) year probation
(u) False reporting (paragraph 61G15-19.001(7)(c))	One (1) year suspension, two (2) year probation and $1,000 fine	Revocation and $5,000 fine
(v) Negligence as a Special Inspector (subsection 61G15-19.001(8))	Reprimand, two (2) year probation and $1,000 fine	Reprimand, $5,000 fine five (5) year suspension
		and ten (10) year
		probation, or 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,                          .

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 14, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 18, 2006