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. 32 No. 13, March 31, 2006 issue of the Florida Administrative Weekly.

The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:

(1) Subsection (3)(b) shall now read as follows:

(b) 489.533(1)(b), F.S.,

(455.227(1)(h), F.S.),

attempting to procure a license by bribery, fraud or willful misrepresentation

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.

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.

455.227(1)(h), F.S.: Denial and or revocation and $5,000 fine.

(2) Subsection (3)(d) shall now read as follows:

(d) 489.533(1)(d), F.S.,

(455.227(1)(c), F.S.), being convicted of or entering a plea to a crime related to the practice.

489.533(1)(d), F.S.: From reprimand and or $250 to $10,000 fine and probation, up to suspension, denial or revocation.

455.227(1)(c), F.S.: From reprimand and or $250 to $5,000 fine and probation, up to suspension, denial or revocation.

489.533(1)(d), F.S.: From $1,000 to $10,000 fine and probation, up to suspension, denial or revocation.

455.227(1)(c), F.S.:

From $1,000 to $5,000 fine and probation, up to suspension, denial or revocation.

489.533(1)(d), F.S.: From $5,000 to $10,000 fine and suspension followed by probation, to denial or revocation.

455.227(1)(c), F.S.: From $5,000 and suspension, followed by probation, to denial or revocation

(3) Subsection (3)(e) shall now read as follows:

(e) 489.533(1)(e), F.S., (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.

489.533(1)(e), F.S.: From $1,000 to $5,000 fine and probation, or suspension followed by probation or revocation.

489.533(1)(e), F.S.: From $5,000 to $10,000 fine and revocation.

455.227(1)(l), F.S.: $5,000 fine and revocation.

(4) Subsection (3)(j) shall now read as follows:

(j) 489.533(1)(j), F.S.: (455.227(1)(j), F.S.), assisting in unlicensed practice.

From reprimand and $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

489.533(1)(j), F.S.: From reprimand and $5,000 to $10,000 fine, up to probation, suspension followed by probation, or denial or revocation.

455.227(1)(j), F.S.: From reprimand and $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

489.533(1)(j), F.S.:

From $10,000 fine and suspension followed by probation, up to denial or revocation.

455.227(1)(j), F.S.: From $5,000 fine and suspension followed by probation, up to denial or revocation.

(5) Subsection (3)(p) shall now read as follows:

(p) 489.533(1)(p), F.S., (455.227(1)(j), F.S.), abandoning a project

From reprimand and $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.

489.533(1)(p), F.S.: From reprimand and $5,000 to $10,000 fine and suspension, up to revocation.

455.227(1)(j), F.S.: From reprimand and $5,000 fine and suspension, up to revocation.

(6) Subsection (3)(s) shall now read as follows:

(s) 489.533(1)(s), F.S., (455.227(1)(o), F.S.), practicing beyond the scope.

Geographical:

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: 489.533(1)(s), F.S.: From $5,000 to $10,000 fine, up to suspension followed by probation or denial or revocation.

455.227(l)(o), F.S.: From $5,000 fine, up to suspension followed by probation or denial or revocation.

(7) Subsection (3)(t) shall now read as follows:

(t) 455.227(1)(a), F.S., making misleading, deceptive or fraudulent representations in or related to the practice.

From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation.

$5,000 fine and or suspension followed by probation or revocation.

Revocation and $5,000 fine.

(8) Subsection (3)(u) shall now read as follows:

(u) 455.227(1)(b), F.S., intentionally violating a rule of the board or department.

From reprimand and $1,000 to $2,500 fine, up to probation, suspension, revocation or denial.

From reprimand and $2,500 to $5,000 fine and probation, up to suspension followed by probation, or revocation or denial.

From reprimand and $5,000 fine and suspension followed by probation, or revocation or denial.

(9) Subsection (3)(v) shall now read as follows:

(v) 455.227(1)(g), F.S., having been found liable in civil court for filing false report or complaint against another licensee.

From $1,000 to $3,000 fine, up to probation, suspension followed by probation, or denial or revocation.

From $2,500 to $5,000 fine and probation, up to suspension followed by probation, or denial or revocation.

From $5,000 fine and suspension followed by probation, up to denial or revocation.

(10) Subsection (3)(x) shall now read as follows:

(x) 455.227(1)(k), F.S., failure to perform any statutory or legal obligation.

From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation.

From $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

From $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

(11) Subsection (3)(y) shall now read as follows:

(y) 455.227(l)(m), F.S., making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession.

From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.

From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.

$5,000 fine and revocation.

(12) Subsection (3)(z) shall now read as follows:

(z) 455.227(1)(n), F.S., exercising influence on patient or client for gain of licensee or third party.

From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation.

From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation.

$5,000 fine and revocation.

(13) Subsection (3)(bb) shall now read as follows:

(bb) 455.227(1)(g), F.S., violation of 455, 489 Part II, Board rules, 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.

(14) Subsection (3)(cc) shall now read as follows:

(cc) 455.227(1)(r), F.S., improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

From $5,000 fine and probation, suspension followed by probation, or denial or revocation.

$5,000 fine and suspension, up to denial or revocation.

(15) The law implemented shall now read as follows:

Law Implemented: 455.227, 455.2273, 489.533, F.S.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

Anthony Spivey, Executive Director, Electrical Contractors’ Licensing Board,1940 North Monroe Street, Tallahassee, Florida 32399-0750.