Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Surveyors and Mappers
RULE NO: RULE TITLE
61G17-9.004: Citations
PURPOSE AND EFFECT: The Florida Board of Professional Surveyors and Mappers is amending Rule 61G17-9.004, F.A.C., to revise what disciplinary offenses may be resolved by citations and also revising the amount of money that may be imposed as citation fines.
SUMMARY: The Florida Board of Professional Surveyors and Mappers is removing a first time violation of Chapter 61G17-6, F.A.C. as a citation offense and is increasing the amount of money that may be imposed as a citation offense.
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, 455.224 FS.
LAW IMPLEMENTED: 455.224 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:

61G17-9.004 Citations.

The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Business and Professional Regulation. The citation shall impose the prescribed fine, and the Department may impose the costs of the investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board.

(1) A licensee’s first time violation of Rule Chapter 61G17-6, may result in a citation so long as the violation or violations do not rise to the level of incompetence or negligence. If a citation is issued, the licensee must pay a fine of $100 per violation.

(1)(2) A licensee’s first time violation of the prohibition against false, fraudulent, deceptive or misleading advertising may result in a citation. If a citation is issued, the licensee must pay a fine of $500.00 $250.

(2)(3) A licensee’s first time violation of the prohibition against practicing on a delinquent or inactive license may result in a citation if the licensee fails to correct the violation in response to a notice of noncompliance. If a citation is issued, the licensee must pay a fine of $1,000.00 $500.

(3)(4) A business entity’s first time failure to notify the Board within one (1) month of any changes in the business entity’s location of offices, its licensed surveyor and mapper in residence, or the names of its principal, along with proof to demonstrate the change in principal, may result in a citation if the licensee fails to correct the violation in response to a notice of noncompliance. If a citation is issued, the business entity must pay a fine of $500.

Specific Authority 472.008, 455.224 FS. Law Implemented 455.224 FS. History–New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96,_________.


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: July 7, 2006