reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-17 - DISCIPLINE › Section 61G14-17.002 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination as to whether probable cause exists to believe that a violation
				of the provisions of Chapter 445 or 310, F.S., or the rule promulgated
				thereunder has occurred shall be made by a probable cause panel of the Board.
				The panel shall consist of three (3) Board members, not more than one (1)
				member of the panel shall be a non-pilot Board member. Former Board members who
				hold an active valid license may serve on the Probable Cause Panel but at least
				two (2) current Board members must be members of the Panel at all
				times.
(2) If, after consideration
				of all evidence and information gathered during the investigation of a marine
				incident or other complaint, the Probable Cause Panel is of the opinion that an
				immediate danger to the public health, safety and welfare exists if the
				certificated deputy or licensed pilot involved is allowed to continue to serve,
				then the Panel shall immediately recommend to the Secretary of the Department
				that the privilege to so serve be immediately suspended, under the procedures
				provided in Section 120.60(7),
				F.S., pending final disposition of the case.
Rulemaking Authority
					 310.011,
					 455.225(4) FS.
					 Law Implemented 455.225(4)
					 FS.
New 1-28-80, Formerly 21SS-8.06, Amended 9-4-91, Formerly
					 21SS-8.006, 21SS-17.002, Amended 4-5-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-17 - DISCIPLINE › Section 61G14-17.003 - Disciplinary Grounds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 310.185 FS. Law Implemented
					 120.60(8),
					 310.101,
					 310.141,
					 455.227
					 FS.
New 6-18-81, Amended 2-10-82, 7-13-82, 10-31-84, Formerly
					 21SS-8.07, Amended 12-24-89, 6-27-90, 11-28-90, Formerly 21SS-8.007,
					 21SS-17.003, Amended 9-27-94, Repealed
					 10-30-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-17 - DISCIPLINE › Section 61G14-17.004 - Guidelines for the Disposition of Disciplinary Cases

Current through Reg. 50, No. 138; July 16, 2024
(1) Sanctions to be imposed by the board for
				misconduct, inattention to duty, negligence or willful violation of any law or
				rule applicable to licensed state pilots or certified deputy pilots shall be
				divided into classes of sanctions in descending order of severity as follows:
(a) Class 1. Revocation of the license or
				certificate or refusal to certify to the department an application for license
				or certification.
(b) Class 2.
				Suspension of the license or certificate.
(c) Class 3. Restriction of the practice of
				the violator.
(d) Class 4.
				Placement of the licensed state pilot or certified deputy pilot on probation
				for such period of time and subject to such conditions as the board may
				specify, including, but not limited to, requiring the pilot to submit to
				treatment, submit to additional or remedial training, submit to reexamination,
				or undergo a complete physical examination.
(e) Class 5. Imposition of an administrative
				fine not to exceed $5, 000 for each count or separate offense of which the
				offender is guilty.
(f) Class 6.
				Issuance of a reprimand.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-17 - DISCIPLINE › Section 61G14-17.005 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(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 certificateholder for the purpose of assessing a
				penalty in an amount established by this rule.
(2) In lieu of the disciplinary procedures
				contained in Section 455.225, F.S., the Department 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 fine may be disposed of by citation:
(a) Unintentional failure to timely file a
				marine incident report. The fine shall be $100. (See Section
				310.111, F.S.)
(b) Failure to report in writing to the Board
				within 30 days after the licensee is convicted or found guilty of, or entered a
				plea of nolo contendere or guilty to, regardless of adjudication a crime in any
				jurisdiction. The fine shall be $100. (See Section
				455.227(1)(t),
				F.S.)
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-17 - DISCIPLINE › Section 61G14-17.006 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The Board of Pilot Commissioners has determined that
				  violations by pilots or deputy pilots which are subject to discipline and which
				  cause harm which is economic in nature and are therefore appropriate for
				  mediation are failure to timely pay an administrative fine levied pursuant to
				  subsection 61G14-17.004(2),
				  F.A.C., and failure to reach an agreement concerning deputy pilot compensation
				  pursuant to subsection
				  61G14-13.001(10),
				  F.A.C.
Rulemaking Authority
					 310.185,
					 455.2235 FS. Law Implemented
					 455.2235
					 FS.
New 9-27-94, Amended
					 1-9-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-17 - DISCIPLINE › Section 61G14-17.007 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) As an
				alternative to the provisions of Sections
				455.225(1) and
				(2), F.S., the Department may provide a
				licensee with a notice of noncompliance for an initial offense of a minor
				violation.
(2) Minor violations
				that do not endanger the public health, safety and welfare, and which do not
				demonstrate a serious inability to practice the profession are: Failure to
				notify the Board of a change of address within thirty (30) days after
				relocation.
Rulemaking Authority
					 310.185,
					 455.225(3) FS.
					 Law Implemented 455.225(3)
					 FS.
New 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-19 - PERCENTAGE OF GROSS PILOTAGE ASSESSED › Section 61G14-19.001 - Percentage of Gross Pilotage Assessed

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department of Business and
				Professional Regulation shall assess the pilots in the respective ports of the
				state seven tenths of one percent (.7%) of the gross amount of pilotage earned
				by said pilots during each year, effective July 1, 2013. For the purposes of
				said assessment, the gross amount of pilotage earned shall be the amount of
				money collected by each pilot or by each entity of which the pilot is a member
				for piloting which shall include and not be limited to payment for piloting
				vessels to and from ports of this state, docking or undocking vessels, shifting
				vessels, running lines, delivering orders at sea, cancelled orders, boat
				service, detention, pilots being carried to sea, anchoring vessels, and any
				other related services rendered. Funds collected due under this are to be made
				payable to the Board and paid by the fifteenth of the following month. When
				received, the funds are paid into the Professional Regulation Trust Fund as
				created within the Department.
(2)
				In order to insure compliance with the requirements of subsection (1), each
				pilot or the entity of which the pilot is a member shall, on an annual basis,
				not later than April 15, beginning with the fiscal year ending December 31,
				1980:
(a) Submit to the Department a statement
				prepared by a certified public accountant showing the gross amount of pilotage
				earned during the previous year; or
(b) Submit to the Department the first page
				of the Federal Income Tax return filed by the pilot or entity for the previous
				year. If the income tax return discloses income other than pilotage, there must
				also be submitted any other schedules necessary to reconcile the amount of
				pilotage earned with the amount of the assessment submitted to the Department.
				In the event that the pilot or the entity of which the pilot is a member fails
				to submit either a statement prepared by a certified public accountant or the
				first page of the appropriate Federal Income Tax return and other required
				schedules, the Department shall hire certified public accountants to audit the
				pilot or the entity of which the pilot is a member for the purpose of
				determining the gross amount of pilotage earned during the previous year. The
				cost of such an audit will be borne by the pilot or the entity of which the
				pilot is a member.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-20 - PHYSICAL AND MENTAL CAPABILITIES OF DEPUTY PILOTS AND PILOTS › Section 61G14-20.001 - Deputy Pilots'and State Pilots'Physical and Mental Capabilities

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this rule is to establish
				minimum standards for the physical and mental capabilities necessary to carry
				out the professional duties of a certificated deputy pilot or licensed state
				pilot, as required by Sections
				310.071,
				310.073 and
				310.081, F.S.
(2) As used in this rule, the following
				definitions shall apply:
(a) "Applicant" shall
				mean a person applying for initial certification as a deputy pilot;
(b) "Pilot" shall mean a Florida licensed
				state pilot or a Florida certified deputy pilot;
(c) "Certification of physical fitness" shall
				consist of all the following documents signed by a physician who holds an
				active, valid license issued pursuant to Chapter 458 or 459, F.S.:
1. Annual certification that the applicant or
				pilot is fully fit and qualified to perform the duties of a deputy pilot. The
				certification shall occur each calendar year and shall bear a date no later
				than thirteen months after the date appearing on such certification most
				recently submitted;
2. An original
				or true copy of form Dept. of. Trans., USCG, CG-719K (Rev. 1/02) entitled
				"Merchant Marine Personnel Physical Examination Report, " which form is
				incorporated herein by reference and can be obtained by contacting the Board
				office at 2601 Blair Stone Road, Tallahassee, Florida 32399-0790. The form
				shall bear a date no later than thirteen months after the date appearing on the
				copy of such form most recently submitted; and
3. Documentation that the applicant or pilot,
				within six months prior to the date the document is submitted, has met one of
				the Coast Guard drug testing requirements for transactions regarding licensing
				as follows:
a. Submitted documentation that
				the applicant or the pilot has passed a USCG drug test conducted within the
				past six months by a laboratory accredited by the Substance Abuse and Mental
				Health Services Administration, Department of Health and Human
				Services;
b. Submitted
				documentation that the applicant or pilot has been subject to a random testing
				program meeting the criteria of
				Title 46, CFR
				16.230 (December 2, 1994), for at least 60
				days during the past six months and has not failed nor refused to participate
				in a chemical test for any controlled substances regulated under Chapter 893,
				F.S. (2005); or
c. Submitted
				documentation demonstrating that the applicant or pilot has passed a
				preemployment chemical test for any controlled substances regulated under
				Chapter 893, F.S. (2005), within the past six months.
The term "submitted" as used in this subsection shall mean
				  provided to and received at the Board office at 2601 Blair Stone Road,
				  Tallahassee, Florida 32399-0790.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-21 - PORTS › Section 61G14-21.001 - Ports

Current through Reg. 50, No. 138; July 16, 2024
(1) Ports for which pilots are licensed, or
				deputy pilots are certified, are: Fernandina, Jacksonville, Port Canaveral,
				Fort Pierce, Port of Palm Beach, Port Everglades, Miami, Key West, Fort Myers,
				Boca Grande, Tampa, Port Tampa, Port Manatee, St. Petersburg, Port St. Joe,
				Panama City and Pensacola.
(2) A
				license or certificate issued for a port authorizes a pilot or deputy to
				provide pilot services upon the navigable waters of that port lying within the
				area delineated by the heavy dotted lines on the applicable following port
				chart or map and upon the navigable waters lying seaward therefrom to the point
				of boarding and disembarking described in rule
				61G14-15.004, F.A.C.:
(a) Fernandina:
Click here to view
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(b)
				Jacksonville:
Click here to view
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(c)
				Port Canaveral:
Click here to view
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(d)
				Fort Pierce:
Click here to view
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(e)
				Port of Palm Beach:
Click here to view
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(f)
				Port Everglades:
Click here to view
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(g)
				Miami:
Click here to view
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(h)
				Key West:
Click here to view
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(i)
				Fort Myers:
Click here to view
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(j)
				Boca Grande:
Click here to view
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(k)
				Tampa (includes Port Tampa, Port Manatee and St. Petersburg):
Click here to view
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(l)
				Port St. Joe:
Click here to view
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(m)
				Panama City:
Click here to view
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(n)
				Pensacola:
Click here to view
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Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-21 - PORTS › Section 61G14-21.002 - New Ports

Current through Reg. 50, No. 138; July 16, 2024
From time to time providers or users of maritime services,
				  government agencies or others whose substantial interests may be affected, may
				  wish to have provision made for the obtaining of pilot services at ports (as
				  defined by section 310.002(4),
				  F.S.) where such services are not then available. In such case, the following
				  procedures shall be followed:
(1) Such
				entity shall file with the Board a petition which shall contain or be
				accompanied by the following information:
(a)
				Matters pertaining to safety including:
1.
				The dimensions, including the anticipated maximum draft of the largest vessel
				that is expected to call on the port;
2. A survey, completed within six months
				prior to the petition, of all berths, turning basins, anchorages, and channels
				that will be used when entering or leaving the port;
3. An engineer's report as to the size and
				capabilities of any mooring at all berths to be used;
4. A report, from the appropriate government
				agency, as to the dimensions at the channel opening and as to the dynamic
				capabilities of any fendering for any bridge which crosses the pilotage waters
				to be transited; and
5. A listing
				of all proposed pilotage routes, their lengths and the anticipated speed of
				transit thereon.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-22 - APPLICATION PROCEDURES › Section 61G14-22.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following terms as used in these rules for rate making
				  are defined to mean:
(1)
				"Administrative hearing" means a hearing conducted under either Section
				120.57(1) or
				(2), F.S., on intended agency action
				requested pursuant to Section
				310.151(4),
				F.S.
(2) "Application" means the
				documentation containing facts to support a request to modify rates in a port
				submitted by a pilot or group of pilots or a person or group of persons whose
				substantial interests are directly affected by the rates of pilotage at a port
				as set forth in Rules
				61G14-22.005 and
				61G14-22.006, F.A.C.
(3) "Committee" means the Pilotage Rate
				Review Committee.
(4) "Compilation"
				means an engagement that applies limited procedures to assist management in the
				presentation of financial statements and report on those statements without
				providing any assurance that there are no material modifications that should be
				made to the financial statements in order for them to be in accordance with the
				applicable financial reporting framework.
(5) "Department" means the Department of
				Business and Professional Regulation.
(6) "Financial Statements" means the
				presentation of balance sheets, statements of income and cash flows, and
				related notes to the financial statements derived from accounting records that
				purport to show actual or anticipated financial position and are intended to
				communicate an entity's economic resources or obligations at a point in time,
				and the results of operations and cash flows for a period of time. Financial
				information included in tax returns is not considered a financial
				statement.
(7) "Pilot" means a
				single licensed state pilot, or group of licensed state pilots.
(8) "Public hearing" means the meeting of the
				Committee held pursuant to Section
				310.151(3),
				F.S., on an application for a change in a rate of pilotage resulting in
				intended agency action to grant or deny the application.
(9) "Persons other than a pilot or group of
				pilots" means a person or persons other than a pilot whose substantial
				interests are directly affected by the rates established by the
				Committee.
(10) "Response" means a
				response to an application.
(11)
				"Staff" or "Board staff" means the employees of, or consultants to, the
				Department assigned to administer the Committee's policies pursuant to Section
				310.151, F.S.
(12) This rule shall be reviewed 5 years
				after its effective date.
Rulemaking Authority
					 310.151(1)(d)
					 FS. Law Implemented 310.151
					 FS.
New 8-8-95, Amended 10-14-97, Formerly
					 61E13-2.001, Amended
					 4-12-23.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-22 - APPLICATION PROCEDURES › Section 61G14-22.006 - Contents of Application by Persons Other Than a Pilot

Current through Reg. 50, No. 138; July 16, 2024
Applications by persons other than a pilot or group of pilots
				  for a change in rates of pilotage shall be filed on a form adopted by the
				  Committee and, in order to be considered complete, shall include:
(1) A detailed statement setting forth the
				substantial interests of the applicant and how they are directly affected by
				the rates established by the Committee:
(2) A recitation of the rates of pilotage in
				effect at the port in question;
(3)
				A demand for the change in rates of pilotage, a detailed statement specifying
				the requested changed rate and a detailed statement explaining the reasons
				therefor;
(4) If an application for
				a rate decrease is filed which alleges that financial hardship is caused to the
				applicant as a result of existing rates of pilotage, the applicant must submit
				financial statements justifying any such hardship claim. The financial
				statements shall be audited by an independent certified public accountant and
				shall include an unqualified opinion from that certified public accountant. The
				financial statements shall be prepared as of the fiscal year ending closest to
				the date on which the rate change application is filed and shall also include
				the financial condition and the results of operations for the preceding fiscal
				year. The financial statements shall include the consolidated or combined
				financial condition and the results of operations of all the entities owned or
				partially owned by the applicant. The financial statements shall include a
				supplemental schedule detailing all operating expenses for the port in
				question.
The applicant must also submit a compilation of projected
				  financial statements for the next two years following the current year, by a
				  certified public accountant, which shall include projected balance sheets,
				  projected income statements, projected statements of cash-flows and related
				  notes to the projected financial statements indicating the impact of the
				  requested rates, projected changes in vessel traffic and projected
				  expenses.
(5) Documentation
				supporting the requested change in rates;
(6) How the requested rate change will result
				in fair, just and reasonable rates taking into consideration the public
				interest in promoting and maintaining efficient, reliable and safe piloting
				services and further taking into consideration the factors set forth in Section
				310.151(5)(b),
				F.S.
(7) This rule shall be
				reviewed 5 years after its effective date.
Rulemaking Authority
					 310.151(1)(d)
					 FS. Law Implemented 310.151
					 FS.
New 8-8-95, Amended 10-14-97, Formerly
					 61E13-2.006, Amended
					 4-27-23.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-22 - APPLICATION PROCEDURES › Section 61G14-22.010 - Notice of Intended Agency Action

Current through Reg. 50, No. 138; July 16, 2024
The written order expressing the notice of intended agency
				  action shall be filed with the agency clerk of the Department. The applicant
				  shall be given written notice by service of the written order of intended
				  agency action, by certified mail. In addition, a copy of the written order
				  shall be mailed to each person who has previously requested copies of such
				  orders. Notice of the intent to modify the pilotage rates in that port shall
				  also be published in the next available Florida Administrative Register and in
				  a newspaper of general circulation in the affected port area and shall be
				  mailed to any person who has formally requested notice of any rate change in
				  the affected port area. The published notice may be in the form of a summary of
				  the intended agency action rather than the complete written order of intended
				  agency action.
Rulemaking Authority
					 310.151(1)(d)
					 FS. Law Implemented 310.151
					 FS.
New 8-8-95, Formerly
					 61E13-2.010.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G14 - Board of Pilot Commissioners › Chapter 61G14-22 - APPLICATION PROCEDURES › Section 61G14-22.012 - Determination of Disputed Issues of Material Fact; Formal or Informal Hearings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 310.151(1)(c)
					 FS. Law Implemented 310.151,
					 120.57
					 FS.
New 8-8-95, Amended 10-14-97, Formerly
					 61E13-2.012, Repealed
					 3-16-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 471.001
					 FS.
New 1-8-80, Formerly 21H-18.01, 21H-18.001, Amended
					 11-15-94, Repealed 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.002 - Board of Organization and Officers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 455.207,
					 471.007(1)
					 FS.
New 1-8-80, Formerly 21H-18.02, 21H-18.002, Repealed
					 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.003 - Administrative Headquarters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 471.007
					 FS.
New 1-8-80, Formerly 21H-18.03, 21H-18.003, Repealed
					 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.004 - Committees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 1-8-80, Formerly 21H-18.04, Amended 1-6-92, Formerly
					 21H-18.004, Amended 11-15-94, Repealed
					 5-17-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.005 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
Probable cause determination as to a violation of chapter 471
				  or 455, F.S., and rules promulgated pursuant thereto shall be made by a
				  probable cause panel of three (3) members, which must include one (1) current
				  and a combination of two (2) current or former board members as appointed by
				  the Chair. All proceedings of the probable cause panel shall be conducted in
				  accordance with chapters 120 and 455, F.S.
Rulemaking Authority
					 455.225 FS. Law Implemented
					 455.225
					 FS.
New 1-8-80, Amended 4-5-81, Formerly 21H-18.05, 21H-18.005,
					 Amended 11-15-94, 1-6-02, 2-2-12,
					 8-26-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.006 - Official Seal of the Board (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 471.005
					 FS.
New 1-8-80, Formerly 21H-18.06, 21H-18.006, Repealed
					 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.007 - Board Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 1-8-80, Formerly 21H-18.07, 21H-18.007, Amended
					 11-15-94, Repealed 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.0071 - Attendance at Board Meetings, Unexcused Absences

Current through Reg. 50, No. 138; July 16, 2024
(1) Board members shall attend all regularly
				scheduled Board meetings unless prevented from doing so by reason of court
				order, subpoena, business with a court which has the sole prerogative of
				setting the date of such business, conflict with other scheduled business of
				the Board, conflicting business previously authorized by the Board, death of
				family member, illness of the Board member, hospitalization of the member's
				immediate family, unavoidable travel delays or cancellations, or other
				extraordinary circumstances as approved by the Board.
(2) Three consecutive unexcused absences or
				absences constituting 50 percent or more of the board's meetings within any
				12-month period shall cause the board membership of the member in question to
				become void, and the position shall be considered vacant. No Board member may
				be absent from three consecutive regularly scheduled Board meetings unless the
				absence is excused for one of the reasons stated in subsection (1) of this
				rule. An absence for any reason other than the reasons stated in subsection (1)
				constitutes an unexcused absence for the purpose of declaring a vacancy of the
				Board. An otherwise excused absence is not excused if the Board member fails to
				notify the Board's Administrator and Chairperson of the impending absence 48
				hours prior to the regularly scheduled Board meeting at which the absence will
				occur or unless the failure to notify the Board's Administrator and Chairperson
				is the result of circumstances surrounding the reason for the absence which the
				Board itself excuses after the absence has occurred. The reason for the absence
				from a meeting shall be made part of the minutes of that meeting.
(3) "Family" consists of immediate family,
				nieces, nephews, cousins, and in-laws.
(4) "Immediate family" consists of spouse,
				child, parents, parents-in-law, siblings, grandchildren, and
				grandparents.
Specific Authority
					 455.207(3) FS.
					 Law Implemented 455.207(3)
					 FS.
New 1-6-02.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.008 - Adoption of Model Rules of Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54(5) FS.
					 Law Implemented 120.54(5)
					 FS.
New 1-8-80, Formerly 21H-18.08, 21H-18.008, Repealed
					 2-2-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.009 - Official Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 455.229,
					 471.007
					 FS.
New 1-8-80, Formerly 21H-18.09, 21H-18.009, Repealed
					 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.010 - Approved Schools and Colleges (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 1471.008,
					 471.013 FS. Law Implemented
					 471.013
					 FS.
New 1-8-80, Formerly 21H-18.10, 21H-18.010, Repealed
					 2-2-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.011 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 471, F.S., and in these rules where the
				  context will permit the following terms have the following meanings:
(1) "Responsible Charge" shall mean that
				degree of control an engineer is required to maintain over engineering
				decisions made personally or by others over which the engineer exercises
				supervisory direction and control authority. The engineer in responsible charge
				is the Engineer of Record as defined in subsection 61G15-30.002(1), F.A.C.
(a) The degree of control necessary for the
				Engineer of Record shall be such that the engineer:
1. Personally makes engineering decisions or
				reviews and approves proposed decisions prior to their implementation,
				including the consideration of alternatives, whenever engineering decisions
				which could affect the health, safety and welfare of the public are made. In
				making said engineering decisions, the engineer shall be physically present or,
				if not physically present, be available in a reasonable period of time, through
				the use of electronic communication devices, such as electronic mail,
				videoconferencing, teleconferencing, computer networking, or via facsimile
				transmission.
2. Judges the
				validity and applicability of recommendations prior to their incorporation into
				the work, including the qualifications of those making the
				recommendations.
3. Approves the
				inclusion of standard engineering design details into the engineering work.
				Standard engineering design details include details mandated or directed to be
				contained in engineering documents by governmental agencies (such as the
				Florida Department of Transportation); and details contained in engineering
				design manuals and catalogues that are generally accepted as authoritative in
				the engineering profession. In order to approve the inclusion of such details
				the Engineer of Record must conduct such reasonable analysis of the content of
				the standard detail(s) as is necessary in the sound professional judgment of
				the Engineer of Record to be assured that the inclusion of such detail(s) into
				the engineering work is acceptable engineering practice.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.012 - Other Board Business for Which Compensation is Allowed

Current through Reg. 50, No. 138; July 16, 2024
The following are considered to be other business involving
				  the Board as required by Section
				  455.207(4),
				  F.S.:
(1) All joint Board or Committee
				meetings required by statutes, Board rule or Board action.
(2) Meetings of Board members with FEMC staff
				or contractors of FEMC at FEMC's or the Board's request. Any participation or
				meeting of members noticed or unnoticed will be on file in the Board
				office.
(3) Where a Board member
				has been requested by the Secretary of the Department, the Executive Office of
				the Governor, or the Chair of a Legislative Committee to participate in a
				meeting or hearing.
(4) Probable
				Cause Panel Meeting.
(5) All
				activity of Board members, if authorized by the Board, when grading, proctoring
				or reviewing examinations.
(6) All
				participation in Board authorized meetings with professional associations of
				which the Board is a member or invitee. This would include all meetings of
				national associations of which the Board is a member as well as Board
				authorized participation in meetings of national or professional associations
				or organizations involved in educating, regulating or reviewing the profession
				over which the Board has statutory authority.
(7) Any and all other activities which are
				Board approved and which are necessary for Board members to attend in order to
				further protect the public health, safety and welfare, through the regulation
				of which the Board has statutory authority.
(8) No later than December 31, 2024, the
				Board shall review and consider amendment, modification, or repeal of this rule
				if review determines this rule creates barriers to entry for private business
				competition, is duplicative, outdated, obsolete, overly burdensome, or imposes
				excessive costs.
Rulemaking Authority
					 455.207 FS. Law Implemented
					 455.207
					 FS.
New 11-2-81, Formerly 21H-18.12, 21H-18.012, Amended
					 11-16-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.013 - Criteria for Investigators and Consultants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203(8) FS.
					 Law Implemented 455.203(8)
					 FS.
New 1-25-82, Amended 5-18-82, Formerly 21H-18.13,
					 21H-18.013, Amended 10-19-97, Repealed
					 2-3-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.014 - Joint Architecture and Engineering Committee Rule (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 471.003,
					 481.229
					 FS.
New 8-29-83, Formerly 21H-18.14, 21H-18.014, Repealed
					 10-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.015 - Education Advisory Committee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 471.008 FS. Law Implemented
					 471.008,
					 471.013
					 FS.
New 8-18-87, Amended 2-18-88, Formerly 21H-18.015, Repealed
					 2-2-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-18 - ORGANIZATION AND PURPOSE › Section 61G15-18.020 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Professional Engineers invites and encourages
				  all members of the public to provide comment on matters or propositions before
				  the Board or a committee of the Board. The opportunity to provide comment shall
				  be subject to the following:
(1)
				Members of the public will be given an opportunity to provide comment on
				subject matters before the Board after an agenda item is introduced at a
				properly noticed board meeting.
(2)
				Members of the public shall be limited to five (5) minutes to provide comment.
				This time shall not include time spent by the presenter responding to questions
				posed by Board members, staff or board counsel. The chair of the Board may
				extend the time to provide comment if time permits.
(3) Members of the public shall notify board
				staff in writing of their interest to be heard on a proposition or matter
				before the Board. The notification shall identify the person or entity,
				indicate support, opposition, or neutrality, and identify who will speak on
				behalf of a group or faction of persons consisting of three (3) or more
				persons.
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 10-28-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.001 - Grounds for Disciplinary Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				471.033(2),
				F.S., the Board, to the extent not otherwise set forth in Florida Statutes,
				hereby specifies that the following acts or omissions are grounds for
				disciplinary proceedings pursuant to Section
				471.033(1),
				F.S.
(2) A professional engineer
				shall not advertise in a false, fraudulent, deceptive or misleading manner. As
				used in Section 471.033(1)(f),
				F.S., the term "advertising goods or services in a manner which is fraudulent,
				false, deceptive, or misleading in form or content" shall include without
				limitation a false, fraudulent, misleading, or deceptive statement or claim
				which:
(a) Contains a material
				misrepresentation of facts;
(b)
				Omits to state any material fact necessary to make the statement in the light
				of all circumstances not misleading;
(c) Is intended or is likely to create an
				unjustified expectation;
(d) States
				or implies that an engineer is a certified specialist in any area outside of
				his field of expertise;
(e)
				Contains a representation or implication that is likely to cause an ordinary
				prudent person to misunderstand or be deceived or fails to contain reasonable
				warnings or disclaimers necessary to make a representation or implication not
				deceptive;
(f) Falsifies or
				misrepresents the extent of his education, training or experience to any person
				or to the public at large, tending to establish or imply qualification for
				selection for engineering employment, advancement, or professional engagement.
				A professional engineer shall not misrepresent or exaggerate his degree of
				responsibility in or for the subject matter of prior assignments;
(g) In any brochure or other presentation
				made to any person or to the public at large, incident to the solicitation of
				an engineering employment, misrepresents pertinent facts concerning a
				professional engineer's employer, employees, associates, joint ventures, or his
				or their past accomplishments with the intent and purpose of enhancing his
				qualifications and his works.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.002 - Payments of Fine

Current through Reg. 50, No. 138; July 16, 2024
All fines imposed by the Board for violations of Section
				  471.033, F.S., shall be paid
				  within a period of thirty (30) days from the date of the final order entered by
				  the Board. This time limit may be modified by the Board at its discretion in
				  order to prevent undue hardship to the public.
Rulemaking Authority
					 455.227(2) FS.
					 Law Implemented 455.227(2),
					 471.033(3)(c)
					 FS.
New 8-19-80, Formerly 21H-19.02,
					 21H-19.002.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.003 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 471.033(2) FS.
					 Law Implemented 471.001,
					 471.033
					 FS.
New 5-14-86, Formerly 21H-19.003, Repealed
					 2-2-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.005 - Citations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.224,
					 455.225 FS. Law Implemented
					 455.224
					 FS.
New 2-2-92, Amended 8-31-92, Formerly 21H-19.005, Amended
					 10-19-97, Repealed 4-2-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.0051 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) As
				specified in Section 120.695(2)(b),
				F.S., minor violations of rules are violations that do not result in economic
				or physical harm to a person or adversely affect the public health, safety, or
				welfare or create a significant threat of such harm. Accordingly, as provided
				in Section 120.695(2)(a),
				F.S., 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) 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 licensee self reports after 30 days from the date of conviction or
				plea but within one (1) year after the date of the conviction or
				plea.
(d) 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 documents in connection with
				buildings, structures, or facilities and systems covered by the Florida
				Building Code to an Authority Having Jurisdiction.
(e) 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 -
				first offense - No Notice of Noncompliance previously issued Section
				61G15-22.006(2)(c),
				F.A.C.
(f) Failure to comply with
				the location, content, or formatting requirements of paragraphs
				61G15-23.004(3)(a)
				-(d) or 61G15-23.005(4)(a)
				-(d), F.A.C.
(g) Failure to
				properly utilize a Title Block as required by paragraph
				61G15-23.001(4)(a),
				F.A.C.
(h) Practice with an
				improper seal. (See Rule
				61G15-23.001, F.A.C.).
(i) First time failure to complete a Florida
				Board Approved Laws and Rules and/or Professional Ethics Continuing Education
				course, as required by subsection
				61G15-22.001(1),
				F.A.C., if a non-approved L&R or PE course was taken prior to licensure
				renewal.
(j) From August 2, 2021
				until December 31, 2022, a first time failure to properly sign and seal an
				Electronic Multidimensional Model submitted as Final Work Product - subsection
				61G15-23.001(4),
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.006 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  455.2235, F.S., the Board
				  designates the following areas as appropriate for mediation for a first
				  offense:
(1) Practice with an improper
				seal. (See Rule 61G15-23.001, F.A.C.).
(2) Failure to date documents when affixing
				signature and seal.
Rulemaking Authority
					 455.2235 FS. Law Implemented
					 455.2235
					 FS.
New 2-20-95, Amended 10-20-96,
					 4-2-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.007 - Notice of Noncompliance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.225 FS. Law Implemented
					 455.224
					 FS.
New 2-5-96, Amended 10-20-96, Repealed
					 4-2-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.008 - Confidentiality of Investigations

Current through Reg. 50, No. 138; July 16, 2024
The following violations have been deemed to involve the
				  potential for substantial physical or financial harm to the public:
(1) Negligence, as defined in subsection
				61G15-19.001(4),
				F.A.C., or misconduct, as defined in subsection
				61G15-19.001(6),
				F.A.C., involving either threshold buildings as defined in Section
				553.71(12),
				F.S.; or the collapse or major damage to any structure; or leading to death or
				serious physical injury of any person.
(2) This rule shall be reviewed, and if
				necessary, repealed, modified, or renewed through the rulemaking process five
				years from the effective date.
Rulemaking Authority
					 471.038(7) FS.
					 Law Implemented 471.038(7)
					 FS.
New 5-20-02, Amended 6-5-12,
					 3-23-22.