Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-19.004Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 89, May 7, 2021 issue of the Florida Administrative Register.

The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held June 9, 2021.  The changes are as follows:

 

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. For the purposes of this rule, the descriptions of the violations are abbreviated and the full statute or rule cited should be consulted to determine the prohibited conduct.

VIOLATION		PENALTY RANGE
	FIRST VIOLATION		SECOND VIOLATION	THIRD OR SUBSEQUENT VIOLATIONS
(a) No change.
(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.)	$5,000 fine and permanent revocation or denial of license (minimum and maximum same).; in the case of fraud, the fine is $10,000.
(c) through (e) No change.
(f) Fraudulent, false, deceptive or misleading advertising. (Sections 471.033(1)(f), F.S., and subsection 61G15-19.001(2), F.A.C.)	Reprimand, completion of Basic Engineering Ethics Course, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.  In the case of fraud, the fine is $10,000.		Reprimand, completion of Intermediate Engineering Ethics course, $2,500 fine, two (2) years’ suspension followed by two (2) years’ probation to $5,000 fine and five (5) years’ suspension followed by five (5) years’ probation. In the case of fraud, the fine is $10,000.	$5,000 fine and Revocation. In the case of fraud, the fine is $10,000.
(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, completion of Basic Engineering Ethics Course, $1,000 fine and two (2) years’ probation to one (1) year suspension followed by one (1) year probation and $5,000.00 fine.  In the case of fraud, the fine is $10,000.		Reprimand, completion of Intermediate Engineering Ethics Course, one (1) year suspension followed by one (1) year probation and $2,500 fine to five (5) years’ suspension followed by five (5) years’ probation and a $5,000 fine.  In the case of fraud, the fine is $10,000.	$5,000 fine and Revocation. In the case of fraud, the fine is $10,000.
2.a. through 4.i. No change.
(h) through (m) No change.

 

(3) through (6) No change.

Rulemaking Authority 455.227, 455.2273, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 455.2273, 455.2277, 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, 2-21-10, 9-5-16, 12-29-19,                    .

 

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 or by electronic mail [e-mail]