61G15-29.001: Certification Definition, Procedures, Prohibitions
PURPOSE AND EFFECT: The Board proposes the rule amendment to modify language for certification procedures and prohibitions.
SUMMARY: The rule amendment will modify language for certification procedures and prohibitions.
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: 471.008 FS.
LAW IMPLEMENTED: 471.025(3), 471.033(1)(j) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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, Florida 32303
THE FULL TEXT OF THE PROPOSED RULE IS:
61G15-29.001 Certification Definition, Procedures, Prohibitions.
(1) No change.
(2) When an engineer is presented with a certification to be signed, dated, and sealed, he or she shall carefully evaluate that certification to determine if any of the circumstances set forth in subsection (3) would apply. If any of these circumstances would apply, that engineer shall either: (a) modify such certification to limit its scope to those matters which the engineer can properly sign, date, and seal, or (b) decline to sign, date and seal such certification.
(3) Engineers who sign, date and/or seal certifications which: (a) relate to matters which are beyond the engineer’s technical competence, or (b) involve matters which are beyond the engineer’s scope of services actually provided, or (c) relate to matters which were not prepared under engineer’s responsible supervision, direction, or control; would be subject to discipline pursuant to subsection 61G15-19.001(6), F.A.C.
Rulemaking Authority 471.008 FS. Law Implemented 471.025(3), 471.033(1)(j) FS. History–New 1-16-91, Formerly 21H-29.001, Amended 4-2-12,________.