Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-17 - PROFESSIONAL SURVEYORS AND MAPPERS › Section 5J-17.016 - Time for Compliance With Final Order; Probation

Current through Reg. 50, No. 138; July 16, 2024
(1) In cases where the Board imposes an
				administrative fine for a violation of Chapter 472, F.S., or of the rules
				promulgated thereunder, the penalty shall be paid within ninety (90) days of
				its imposition by order of the Board, unless a later time for payment is
				specified in the Board's Order.
(2)
				Failure to pay an administrative fine within the time specified in this rule or
				in the Board's Order shall constitute grounds for further disciplinary action
				against the licensee.
(3) For
				purposes of this rule, the term "administrative fine" civil penalty shall
				include the assessment of any fines, costs associated with investigation and
				prosecution of the complaint, including attorney's fees, if applicable, and
				restitution.
(4) In cases where the
				Board imposes probation and/or suspension for violation of Chapter 472, F.S.,
				or of the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear
				before the Probation Committee of the Board at such times as directed by the
				Executive Director, or as specified in the Final Order.
(b) At each probation appearance, in
				connection with the submission of surveys as required by the licensee being
				placed on probation, the licensee shall answer questions under oath and shall
				provide a list of all surveys performed including type of survey, since the
				entry of the Final Order if it is the first probation appearance or since the
				last probation appearance if it is other than the first probation appearance.
				In addition, the licensee shall provide such other information or documentation
				as is requested by either the Department, the Board or the Probation Committee.
				The licensee shall forward said documentation to the Board in advance of the
				probation appearance.
(c) The
				burden shall be solely upon the licensee to remember the requirement for said
				appearance, and to take the necessary steps in advance of said appearance to
				contact the Board office and ascertain the specific time, date, and place of
				said appearance. The licensee shall not rely on getting notice of said
				appearance from the Board or the Department.
(d) Should the licensee violate any condition
				of probation, it shall be considered a violation of Section
				472.0351(1)(h),
				F.S., and shall result in further disciplinary action by the Board.
(e) Should the licensee's license to practice
				surveying and mapping be suspended or otherwise placed on inactive status, or
				if the licensee leaves the practice of surveying and mapping for thirty (30)
				days or more, the probation period shall be tolled and shall resume running at
				the time the licensee reactivates the license or returns to the active practice
				of surveying and mapping, and the licensee shall then serve the time remaining
				in the term of probation.