Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Surveyors and Mappers
RULE NO: RULE TITLE
61G17-2.0015: Disciplinary Guidelines
PURPOSE AND EFFECT: The Florida Board of Professional Surveyors and Mappers is updating Rule 61G17-2.0015, F.A.C. to revise the disciplinary guideline penalties for Violations of Sections 472.033(1)(h), 472.033(1)(i), and 455.227(1)(k) of the Florida Statutes.
SUMMARY: The Florida Board of Professional Surveyors and mappers is increasing its disciplinary guideline penalties for violations of sections 472.033(1)(h), 472.033(1)(i), and 455.227(1)(k) of the Florida States.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 472.008, 472.033 FS.
LAW IMPLEMENTED: 472.033 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Morrison, Executive Director, Board of Professional Surveyors and Mappers, 1940 North Monroe Street, Tallahassee, Florida 32399-0767.

THE FULL TEXT OF THE PROPOSED RULE IS:

61G17-2.0015 Disciplinary Guidelines.

(1) through (2)(g) No Change.

(2)(h) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provision of this chapter, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department; (472.033(1)(h) & 455.227(1)(k), F.S.)

 

 

 

 

MINIMUM

 

MAXIMUM

 

FIRST OFFENSE

 

$250 fine, probation, and compliance with legal obligation

 

$500 fine and probation or suspension until compliance with legal obligation

 

SECOND OFFENSE

 

$500 fine and probation or and suspension until compliance with legal obligation

 

$750 fine and probation or suspension until compliance with legal obligation plus extended probation

 

THIRD OFFENSE

 

$750 fine and probation or suspension until compliance with legal obligation plus extended probation

 

$1000 fine and revocation

(i) Practicing on a revoked, suspended, inactive, or delinquent license; (472.033(1)(i), F.S.)

 

 

 

 

MINIMUM

 

MAXIMUM

 

FIRST OFFENSE

 

$1000 500 fine and probation

 

$1000 750 fine, denial or suspension followed by probation or if already suspended an extended suspension follow by probation

 

SECOND OFFENSE

 

$1000 750 fine and denial or suspension followed by probation or if already suspended an extended suspension followed by probation

 

$1000 fine and revocation

(j) through (4) No Change.

Specific Authority 472.008, 472.033 FS. Law Implemented 472.033 FS. History - New3-13-03, Amended 3-17-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Surveyors and Mappers
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Professional Surveyors and Mappers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 16, 2006