The Board proposes the rule amendment for needed updates and to implement the legislative changes made by 2016-222, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Electrical Contractors' Licensing Board

RULE NO.RULE TITLE:

61G6-10.002Violations and Penalties

PURPOSE AND EFFECT: The Board proposes the rule amendment for needed updates and to implement the legislative changes made by 2016-222, Laws of Florida.

SUMMARY: The rule amendment will implement the legislative changes made by 2016-222, Laws of Florida and update the rule.

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(2), 489.507(3) FS.

LAW IMPLEMENTED: 455.227, 455.2273, 489.533 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: Ruthanne Christie, Executive Director, Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0751.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G6-10.002 Violations and Penalties.

(1) through (2) No change.

(3) 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	1st OFFENSE	2nd OFFENSE	3rd OFFENSE
(a) No change.
(b) Section 489.533(1)(b), F.S., (Section 455.227(1)(h), F.S.), attempting to procure a license by bribery,or fraudulent or willful misrepresentations.	From denial and or revocation and $1,000 fine, up to $5,000 fine. and denial and or revocation.	489.533(1)(b), F.S.: From denial and or revocation and $5,000 fine, up to $10,000 fine and denial and or revocation. Section 455.227(1)(h), F.S.: From denial and or revocation and $5,000 fine, up to denial and or revocation.	489.533(1)(b), F.S. Denial and or revocation and $10,000 fine. Section 455.227(1)(h), F.S.: Denial and or revocation and $5,000 fine.
(c) No change.
(d) Section 489.533(1)(d), F.S., (Section 455.227(1)(c), F.S.), being convicted of or entering a plea to a crime related to the practice.	Section 489.533(1)(d), F.S.: From reprimand and or $250 to $10,000 fine and probation, up to suspension, denial or revocation. Section 455.227(1)(c), F.S.: From reprimand and or $250 to $5,000 fine and probation, up to suspension, denial or revocation.	Section 489.533(1)(d), F.S.: From $1,000 to $10,000 fine and probation, up to suspension, denial or revocation. Section 455.227(1)(c), F.S.: From $1,000 to $5,000 fine and probation, up to suspension, denial or revocation.	Section 489.533(1)(d), F.S.: From $5,000 to $10,000 fine and suspension followed by probation, denial or revocation. Section 455.227(1)(c), F.S.: From $5,000 fine and suspension, followed by probation, to denial or revocation.
(e) Section 489.533(1)(e), F.S., (Section 455.227(1)(l), F.S.), making or filing a false report.	From reprimand and $250 to $1,000 fine, up to probation or suspension followed by probation.	Section 489.533(1)(e), F.S.: From $1,000 to $5,000 fine and probation, or suspension followed by probation, or revocation.	Section 489.533(1)(e), F.S.: From $5,000 to $10,000 fine and revocation. Chapter Section 455.227(1)(l), F.S.: $5,000 fine and revocation.
(f) through (g) No change.
(h) Section 489.533(1)(h), F.S., practicing on revoked, suspended, inactive or delinquent license.	Delinquent: From reprimand and $250 fine, up to probation, suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: From reprimand  and and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	Delinquent: From reprimand and $500 to $1,000 fine, up to probation, suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: From reprimand and $5,000 to $10,000 fine, up to suspension followed by probation or denial or revocation.	Delinquent: From reprimand and $1,000 to $5,000 fine, up to suspension followed by probation, or denial or revocation. Inactive, Revoked or Suspended: $10,000 fine and denial or revocation.
(i) through (k) No change.
(l) Section 489.533(1)(l), F.S., acting in a name not on the license or failure to properly qualify a firm.	From reprimand and $500 to $1,000 fine. notice of noncompliance up to a citation.	From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.
(m) through (p) No change.
(q) Section 489.533(1)(q), F.S., failing to affix a registration or certification number as required by Section 489.521(7), F.S.	From $100 to $250 fine Citation.	From $250 to $400 fine Citation.	From reprimand and $500 to $1,000 fine Citation.
(r) Section 489.533(1)(r), F.S., proceeding on job without obtaining  local failure to obtain building permits or inspections.	From $100 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.	From $500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.	From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.
(s) Section 489.533(1)(s), F.S., (Section 455.227(1)(o), F.S.), practicing beyond the scope of license.	Geographical: From $100 to $250 fine Citation. Occupational: From $1,000 to $2,500 fine, up to suspension followed by probation, or denial or revocation.	Geographical: From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation. Occupational: From $2,500 to $5,000 fine, up to suspension followed by probation, or denial or revocation.	Geographical: From $2,500 to $5,000 fine, suspension followed by probation up to revocation. Occupational: Section 489.533(1)(s), F.S.: From $5,000 to $10,000 fine, up to suspension followed by probation, or denial or revocation. Section 455.227(l)(o), F.S.: From $5,000 fine, up to suspension followed by probation, or denial or revocation.
(t) through (aa) No change.
(bb) Section 455.227(1)(q), F.S., violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules, DBPR or Board Final Order, or subpoena.	From $1,000 to $5,000 fine and suspension until compliance, up to revocation.	From $5,000 fine and suspension until compliance, up to revocation.	$5,000 fine and revocation.
(cc)  Section 455.227(1)(t), failing to report to Board, in writing, criminal plea or conviction within 30 days.	From $500 to $1,000 fine and probation, suspension followed by probation, or denial or revocation.	From $2000 to $5,000 fine and suspension, up to denial or revocation.	$5,000 fine up to denial or revocation.
(4) No change.

Rulemaking Authority 455.2273(2), 489.507(3) FS. Law Implemented 455.227, 455.2273, 489.533 FS. History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06,                                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrical Contractors’ Licensing Board.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Electrical Contractors’ Licensing Board.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2016