Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Engineers
RULE NO: RULE TITLE
61G15-19.0051: Notice of Noncompliance
PURPOSE AND EFFECT: To add language in compliance with new statutory guidelines.
SUBJECT AREA TO BE ADDRESSED: The Board proposes to add language in compliance with new statutory guidelines.
SPECIFIC AUTHORITY: 455.225 FS.
LAW IMPLEMENTED: 455.224 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carrie Flynn, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite 200, Tallahassee, Florida 32301

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61G15-19.0051 Notice of Noncompliance.

(1) As an alternative to investigation and prosecution, when a complaint is received, FEMC shall provide a licensee with a notice of noncompliance for an initial offense for the following violations:

(a) Failure to date documents when affixing signature and seal.

(b) Practice with an inactive or delinquent license less than one month.

(c) Firm practicing without a current certificate of authorization less than one month.

(d) Failing to report a criminal conviction or plea of nolo contendere, regardless of adjudication, pursuant to Section 455.227(1)(t), F.S., if the conviction or plea occurred prior to July 1, 2009. This subsection shall remain in effect until July 1, 2012.

(2) A second offense shall result in issuance of a citation pursuant to Rule 61G15-19.0071, F.A.C.

Rulemaking Specific Authority 455.225 FS. Law Implemented 455.224 FS. History–New 4-2-00, Amended________.