Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G15 - Board of Professional Engineers › Chapter 61G15-19 - GROUNDS FOR DISCIPLINARY PROCEEDINGS › Section 61G15-19.0071 - 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 qualified business organization for the purpose of
				assessing a penalty in an amount established by this rule. Citation violations
				are violations for which there is no substantial threat to the public health,
				safety, and welfare.
(2) In lieu of
				the disciplinary procedures contained in Section
				455.225, F.S., FEMC 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 fines may be disposed of by citation:
(a) An engineer who has practiced or offered
				to practice engineering through a corporation, partnership, or fictitious name
				which has not been properly qualified with the board. The fine shall be $100
				for each month or fraction thereof of said activity, up to a maximum of $5,000.
				(See Sections 455.227(1)(j),
				471.023, and
				471.033(1)(a),
				F.S.)
(b) Practice with an inactive
				or delinquent license more than one month or if a Notice of Noncompliance has
				previously been issued for the same offense. The fine shall be $100 for each
				month or fraction thereof. (See Section
				471.033(1)(i),
				F.S.)
(c) Business organization
				practicing without being properly qualified with the board more than one month.
				The fine shall be $100 for each month or fraction thereof. (See Section
				471.023, F.S.)
(d) Failure to notify the Board of a change
				in the principal officer of the corporation or partner in a partnership who is
				the qualifying professional engineer for said corporation or partnership within
				one month of such change. The fine shall be $500. (See Section
				471.023(4),
				F.S.)
(e) Unlicensed practice of
				engineering. The fine shall be up to $250 for each month depending on the
				severity of the infraction practice, up to a maximum of $5,000.00. (See Section
				455.228(3)(a),
				F.S.)
(f) Failure to properly
				utilize a Title Block as required by paragraph
				61G15-23.001(4)(a),
				F.A.C., if a Notice of Noncompliance has previously been issued for the same
				offense. The fine shall be $500.
(g) 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 -
				Notice of Noncompliance previously issued - paragraph
				61G15-22.006(2)(c),
				F.A.C. The fine shall be $500.
(h)
				Failure to complete any or all CE required prior to renewal of license; all CE
				completed within thirty (30) days of notification to the licensee. Subsections
				61G15-22.001(1)
				or 61G15-22.006(2),
				F.A.C. The fine shall be $500.
(i)
				Failure to properly qualify or register a business entity - Notice of
				Noncompliance previously issued - Section
				471.023, F.S. The fine shall be
				$250.
(j) From January 1, 2023
				until December 31, 2023, failure to properly sign and seal an Electronic
				Multidimensional Model submitted as Final Work Product - subsection
				61G15-23.001(4),
				F.A.C. - Notice of Noncompliance previously issued OR which results in adverse
				impacts to the customer or client. The fine shall be $500.
(k) Signing or sealing any document that
				depicts work which is beyond the licensee's profession or specialty therein or
				accepting and performing responsibilities the licensee is not competent to
				perform and which does not evidence any risk to public health, safety or
				welfare. (Sections 471.025(3),
				455.227(1)(o),
				F.S., paragraphs 61G15-19.001(6)(c),
				(d), F.A.C.) The fine is $750.
(l) Incompetence (Subsection
				61G15-19.001(5),
				F.A.C.) which does not evidence risk to public health, safety or welfare. The
				fine shall be $750.
(m) Violating
				any provision of Chapter 455, F.S. (Sections
				471.033(1)(h)
				and 455.227(1)(q),
				F.S.); no evidence of intent or willful action and no evidence of risk to
				public health, safety or welfare. The fine shall be $500.
(n) 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 -
				Notice of Noncompliance previously issued - paragraph
				61G15-22.006(2)(c),
				F.A.C. The fine shall be $500.
(o)
				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 permit documents in connection with
				buildings, structures, or facilities and systems covered by the Florida
				Building Code to an Authority Having Jurisdiction - Notice of Noncompliance
				previously issued. The fine shall be $500.