The Board proposed the rule amendment to update and clarify the rule language regarding disciplinary guidelines.

 

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

PURPOSE AND EFFECT: The Board proposed the rule amendment to update and clarify the rule language regarding disciplinary guidelines.

SUMMARY: The proposed rule amendment updates the rule language regarding disciplinary guidelines.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 455.227, 455.2273, 471.008, 471.031, 471.033 FS.

LAW IMPLEMENTED: 455.227, 455.2273, 455.2277, 471.031, 471.033 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, 2400 Mahan Drive, Tallahassee, FL 32308; [phone] or by electronic mail [e-mail].

 

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. 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) through (h) No Change.
(i) Renewing or reactivating a license without completion of continuing education hours. (Paragraph 61G15-19.001(6)(s), F.A.C.)(i) Practicing on a revoked, suspended, inactive or delinquent license, or through a business organization not properly qualified. (Sections 471.033(1)(i) and 471.031(1)(e), F.S.
Renewed license without Laws & Rules and/or Florida professional ethics hours; completed missing CE after audit but prior to administrative complaint being filed.1. Delinquent license.	Completion of Laws and Rules Study Guide and Auburn University ethics course.Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course.	$1,000 fine and completion of Laws and Rules Study Guide and Auburn University ethics course.Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course.	(1) year suspension and $2,500.00 fine to revocation.$5,000 fine and Revocation.
Renewed license while lacking ten (10) or more hours of CE; missing CE completed after audit but prior to administrative complaint being filed.2. Inactive license.	Completion of Laws and Rules Study Guide and Auburn University ethics course.Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course.	Reprimand, $1,000 fine and completion of Laws and Rules Study Guide and Auburn University ethics course.Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course.	(1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.$5,000 fine and Revocation.
Renewed license without Laws & Rules and/or Florida professional ethics hours and lacking five or less hours of general CE; completed missing CE after audit but prior to administrative complaint being filed.3. Suspended license.	Completion of Laws and Rules Study Guide and Auburn University ethics course.Permanent revocation and $5,000.	Reprimand, $1,000 fine,  completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board.	(1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.
Renewed license while lacking ten (10) or more hours of CE; missing CE completed after administrative complaint filed.4. Revoked license.	Reprimand, $1,000 fine,  completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board.$5,000 fine and Referral to State Attorney.	Reprimand, $2,500 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board to one (1) year suspension and $2,500 fine.$5,000 fine and Referral to State Attorney.	(1) year suspension, $2,500 fine, and personal appearance prior to  reinstatement to revocation.$5,000 fine and Referral to State Attorney.
Renewed license without all CE.  Never completed the CE and/or did not respond to the audit.5. Business Organization not properly qualified.	Reprimand, suspension of license until CE completed, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board.Reprimand; $500 fine to $5,000 fine, and one (1) year suspension.	(2) year suspension, $2,500 fine, completion of all missing CE, and personal appearance prior to reinstatement to Revocation.One (1) year suspension and $5,000 fine to Revocation.	Revocation.$5,000 fine and Revocation.
(j) 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, 8-22-21,                         .

 

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: June 14, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 11, 2023