Fla. Admin. Code Ann. R. 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 for the purpose of
assessing a penalty in an amount established by this rule. Citation violations
are violations for which there is no substantial threat to the public health,
safety, and welfare.
(2) In lieu of
the disciplinary procedures contained in Section
455.225, F.S., FEMC is hereby
authorized to dispose of any violation designated herein by issuing a citation
to the subject within six months after the filing of the complaint that is the
basis for the citation. If a violation for which a citation may be issued is
discovered during the course of an investigation for an unrelated violation,
the citation must be issued within 6 months from the discovery of the violation
and filing of the uniform complaint form by the investigator.
(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. 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) Practice with an inactive
or delinquent license 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
471.033(1)(i),
F.S.)
(c) Business organization
practicing without being properly qualified with the board more than one month.
The fine shall be $100 for each month or fraction thereof. (See Section
471.023, F.S.)
(d) Failure to notify the Board of a change
in the principal officer of the corporation or partner in a partnership who is
the qualifying professional engineer for said corporation or partnership within
one month of such change. The fine shall be $500. (See Section
471.023(4),
F.S.)
(e) Unlicensed practice of
engineering. The fine shall be up to $250 for each month depending on the
severity of the infraction practice, up to a maximum of $5,000.00. (See Section
455.228(3)(a),
F.S.)
(f) Failure to properly
utilize a Title Block as required by paragraph
61G15-23.001(4)(a),
F.A.C., if a Notice of Noncompliance has previously been issued for the same
offense. The fine shall be $500.
(g) Failure to produce documentation of
compliance with continuing education requirements within sixty (60) days of
notification to the licensee of the requirement to produce said documentation -
Notice of Noncompliance previously issued - paragraph
61G15-22.006(2)(c),
F.A.C. The fine shall be $500.
(h)
Failure to complete any or all CE required prior to renewal of license; all CE
completed within thirty (30) days of notification to the licensee. Subsections
61G15-22.001(1)
or 61G15-22.006(2),
F.A.C. The fine shall be $500.
(i)
Failure to properly qualify or register a business entity - Notice of
Noncompliance previously issued - Section
471.023, F.S. The fine shall be
$250.
(j) From January 1, 2023
until December 31, 2023, failure to properly sign and seal an Electronic
Multidimensional Model submitted as Final Work Product - subsection
61G15-23.001(4),
F.A.C. - Notice of Noncompliance previously issued OR which results in adverse
impacts to the customer or client. The fine shall be $500.
(k) Signing or sealing any document that
depicts work which is beyond the licensee's profession or specialty therein or
accepting and performing responsibilities the licensee is not competent to
perform and which does not evidence any risk to public health, safety or
welfare. (Sections 471.025(3),
455.227(1)(o),
F.S., paragraphs 61G15-19.001(6)(c),
(d), F.A.C.) The fine is $750.
(l) Incompetence (Subsection
61G15-19.001(5),
F.A.C.) which does not evidence risk to public health, safety or welfare. The
fine shall be $750.
(m) Violating
any provision of Chapter 455, F.S. (Sections
471.033(1)(h)
and 455.227(1)(q),
F.S.); no evidence of intent or willful action and no evidence of risk to
public health, safety or welfare. The fine shall be $500.
(n) Failure to produce documentation of
compliance with continuing education requirements within sixty (60) days of
notification to the licensee of the requirement to produce said documentation -
Notice of Noncompliance previously issued - paragraph
61G15-22.006(2)(c),
F.A.C. The fine shall be $500.
(o)
Failure to complete a board-approved Advanced Building Code course as required
by subsection 61G15-22.001(3),
F.A.C., prior to submission of engineering permit documents in connection with
buildings, structures, or facilities and systems covered by the Florida
Building Code to an Authority Having Jurisdiction - Notice of Noncompliance
previously issued. The fine shall be $500.
(4) If the subject does not dispute the
matter in the citation in writing within 30 days after the citation is served
by personal service or within 30 days after receipt by certified mail, the
citation shall become a final order of the Board of Professional Engineers. The
subject has 30 days from the date the citation becomes a final order to pay the
fine and costs. Failure to pay the fine and costs within the prescribed time
period constitutes a violation of Section
471.033(1)(k),
F.S., which will result in further disciplinary action. All fines and costs are
to be made payable to "Florida Engineers Management Corporation -
Citation."
(5) Prior to issuance of
the citation, the investigator must confirm that the violation has been
corrected or is in the process of being corrected.
(6) Once the citation becomes a final order,
the citation and complaint become a public record pursuant to Chapter 119,
F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The
citation and complaint may be considered as aggravating circumstances in future
disciplinary actions pursuant to Rule
61G15-19.004, F.A.C.
(7) Subsequent violation(s) of the same rule
or statute shall require the procedure of Section
455.225, F.S., to be followed.
In addition, should the offense for which a citation could be issued occur in
conjunction with violations not described herein, then the procedures of
Section 455.255, F.S., shall apply.
(8) This rule shall be reviewed, and if
necessary, repealed, modified, or renewed through the rulemaking process five
years from the effective date.
Notes
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.
New 4-2-00, Amended 9-26-05, 8-26-13, 12-29-19, 5-17-20, 11-2-20, 8-22-21, 8-15-22.
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