Fla. Admin. Code R. 61G15-19.004

Current through Reg. 50, No. 207; October 22, 2024

Section 61G15-19.004 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners (including qualified business organizations) guilty of violating Chapter 455 or 471, F.S., or the rules promulgated thereto. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 455 or 471, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 455 or 471, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the Board's discretion. Other terms may be imposed by the Board at its discretion.

(2) In imposing discipline in proceedings pursuant to Section 120.57(1) and (2), F.S., the following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated and the full statute or rule cited should be consulted to determine the prohibited conduct.

VIOLATION	PENALTY RANGE
	FIRST VIOLATION	SECOND VIOLATION	THIRD OR SUBSEQUENT VIOLATIONS
ADVANCE \d4(a) Violating any provision of Section 455.227(1), 471.025 or 471.031, F.S., or any other provision of Chapter 471, F.S., or rule of the Board or Department. (Sections 471.033(1)(a) and 455.227(1)(b), (q), F.S.) not otherwise specifically enumerated below.	Reprimand and $1,000.00 fine, to one (1) year suspension, two (2) years' probation and $5,000 fine.	Reprimand, $2,500 fine and one (1) year suspension followed by two (2) years' probation to five (5) years' suspension followed by five (5) years' probation and a $5,000 fine.	$5,000 fine and Revocation.
1. Failure to sign, seal or date documents. (Section 471.025(1), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension.	Reprimand, $2,500 fine and one (1) year suspension to $5,000 fine and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
2. Sealing any document after license has expired or been revoked or suspended, or failure to surrender seal if the license has been revoked or suspended. (Section 471.025(2), F.S.)	Suspended license: Revocation with ability to reapply after five (5) years and $2,500 fine. Revoked license: $5,000 fine and Referral to State's Attorney's office.
3. Signing or sealing any document that depicts work the licensee is not licensed to perform or which is beyond his or her profession or specialty therein or practicing or offering to practice beyond the scope permitted by law or accepting and performing responsibilities the licensee is not competent to perform. (Sections 471.025(3), 455.227(1)(o), F.S., paragraphs 61G15-19.001(6)(c), (d), F.A.C.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension.	Reprimand, $5,000.00 fine, one (1) year suspension and two (2) years' probation to Revocation.	$5,000 fine and Revocation.
4. Firm practicing without proper qualification. (Section 471.023, F.S., and subsection 61G15-19.001(3), F.A.C.)	$500 fine to $1,000 fine.	$1,000 fine to $2,500 fine.	$5,000 fine.
5. Practicing engineering without a license or using a name or title tending to indicate that such person holds an active license as an engineer. (Sections 471.031(1)(a), (b), F.S.)	In addition to referral to State Attorney's Office and denial of future application for licensure, from a $1,000 fine to a $2,500 fine.	In addition to referral to State Attorney's Office from a $2,500 fine to a $5,000 fine.	In addition to referral to State Attorney's Office, a $5,000 fine.
6. Presenting as his or her own the license of another. (Section 471.031(1)(c), F.S.)	In addition to referral to State Attorney's Office and denial of future application for licensure, from a $1,000 fine to a $2,500 fine.	In addition to referral to State Attorney's Office from a $2,500 fine to a $5,000 fine.	In addition to referral to State Attorney's Office, a $5,000 fine.
7. Giving false or forged evidence to the Board or concealing information relative to violations of this chapter. (Sections 471.031(1)(d), (g), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
8. Employing unlicensed persons to practice engineering or aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S. (Sections 471.031(1)(f), and 455.227(1)(j), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
9. Having been found liable for knowingly filing a false complaint against another licensee. (Section 455.227(1)(g), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation	$5,000 fine and Revocation.
10. Failing to report a person in violation of Chapters 455, and 471, F.S., or the rules of the Board or the Department. (Section 455.227(1)(i), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
11. Failing to perform any statutory or legal obligation. (Section 455.227(1)(k), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
12. Exercising influence on a client for financial gain. (Section 455.227(1)(n), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
13. Improper delegation of professional responsibilities. (Section 455.227(1)(p), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
14. Improperly interfering with an investigation or inspection or disciplinary proceeding. (Section 455.227(1)(r), F.S.)	$1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
ADVANCE \d4(b) Attempting to procure a license by bribery, fraudulent misrepresentation, or error of the Board or Department. (Sections 471.033(1)(b) and 455.227(1)(h), F.S.)	$5,000 fine and permanent revocation or denial of license (minimum and maximum same).
ADVANCE \d4(c) Having a license to practice engineering acted against or denied by another jurisdiction. (Sections 471.033(1)(c) and 455.227(1)(f), F.S.)	In addition to a reprimand, from a $500 fine to a $1,000 fine.	In addition to a reprimand, from a $1,000 fine to a $2,500 fine.	Reprimand and $5,000 fine.
ADVANCE \d4(d)1. Being convicted or found guilty of, or entering a plea of nolo contendere to a, crime which relates to the practice or ability to practice. (Sections 471.033(1)(d) and 455.227(1)(c), F.S.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine, two (2) years' suspension followed by two (2) years' probation and completion of Basic Engineering Ethics Course.	$5,000 fine and Revocation.
2. Conviction of crime related to building code inspection or plans examination. (Paragraph 61G15-19.001(7)(a), F.A.C.)	Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation and completion of Basic Engineering Professionalism Course.	Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine, two (2) years' suspension followed by two (2) years' probation and completion of Intermediate Engineering Ethics Course.	$5,000 fine and Revocation.
ADVANCE \d4(e) Knowingly making or filing a false report or record, failing to file a report or record required by law, impeding or obstructing such filing. (Sections 471.033(1)(e), 455.227(1)(l), F.S., and paragraph 61G15-19.001(7)(c), F.A.C.)	Reprimand, completion of Basic Engineering Ethics Course, and $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, completion of Intermediate Engineering Ethics Course, and $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine, two (2) years' suspension followed by two (2) years' probation.	$5,000 fine and Revocation.
ADVANCE \d4(f) Fraudulent, false, deceptive or misleading advertising. (Sections 471.033(1)(f), F.S., and subsection 61G15-19.001(2), F.A.C.)	Reprimand, completion of Basic Engineering Ethics Course, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation.	Reprimand, completion of Intermediate Engineering Ethics course, $2,500 fine, two (2) years' suspension followed by two (2) years' probation to $5,000 fine and five (5) years' suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
ADVANCE \d4(g) Fraud, deceit, negligence, incompetence or misconduct. (Sections 471.033(1)(g) and 455.227(1)(a), (m), F.S.)
1. Fraud or deceit.	Reprimand, completion of Basic Engineering Ethics Course, $1,000 fine and two (2) years' probation to one (1) year suspension followed by one (1) year probation and $5,000.00 fine.	Reprimand, completion of Intermediate Engineering Ethics Course, one (1) year suspension followed by one (1) year probation and $2,500 fine to five (5) years' suspension followed by five (5) years' probation and a $5,000 fine.	$5,000 fine and Revocation.
2.a. Negligence. (Subsection 61G15-19.001(4), F.A.C.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review, and Basic Engineering Ethics Course to two (2) years' suspension followed by five (5) years' probation with plans review and $2,500 fine.	Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years' probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years' probation with plans review.	$5,000 fine and Revocation.
b. Negligence in procedural requirements. (Subsections 61G15-30.003(2), (3) and (5), F.A.C.; Rules 61G15-30.005 and 61G15-30.006, F.A.C.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to two (2) years' suspension followed by five (5) years' probation with plans review and $2,500 fine.	Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years' probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years' probation with plans review.	$5,000 fine and Revocation.
c. As a special inspector.	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to two (2) years' suspension followed by five (5) years' probation with plans review and $2,500 fine.	Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years' probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years' probation with plans review.	$5,000 fine and Revocation.
3. Incompetence. (Subsection 61G15-19.001(5), F.A.C.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to two (2) years' suspension followed by five (5) years' probation with plans review and $2,500 fine.	Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years' probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years' probation with plans review.	$5,000 fine and Revocation
4. Misconduct. (Subsection 61G15-19.001(6), F.A.C.)	Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years' probation; and Basic Engineering Ethics Course to two (2) years' suspension followed by five (5) years' probation with plans review and $2,500 fine.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years' probation with plans review.	$5,000 fine and Revocation.
a. Expressing an opinion publicly on an engineering subject without being informed as to the facts and being competent to form a sound opinion. (Paragraph 61G15-19.001(6)(a), F.A.C.)	Reprimand, Basic Engineering Ethics Course and $1,000 fine to six (6) months suspension followed by two (2) years' probation and Basic Engineering Ethics Course.	Reprimand, $1,000 fine, six (6) month's suspension followed by one (1) year probation and Intermediate Engineering Ethics Course to $2,500 fine, one (1) year suspension followed by two (2) years' probation and intermediate Engineering Ethics Course.	$5,000 fine and Revocation.
b. Being untruthful, deceptive or misleading in any professional report, statement or testimony or omitting relevant and pertinent information from such report, statement or testimony when the result or such omission would or reasonably could lead to a fallacious conclusion. (Paragraph 61G15-19.001(6)(b), F.A.C.)	Reprimand, Basic Engineering Ethics Course and $1,000 fine to six (6) months suspension followed by two (2) years' probation and Basic Engineering Ethics Course.	Reprimand, $1,000 fine, six (6) month's suspension followed by one (1) year probation and Intermediate Engineering Ethics Course to $2,500 fine, one (1) year suspension followed by two (2) years' probation and intermediate Engineering Ethics Course.	$5,000 fine and Revocation.
c. Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for engineering employment other than the payment of the usual commission for securing salaried positions through licensed employment agencies. (Paragraph 61G15-19.001(6)(e), F.A.C.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
d. Soliciting or accepting gratuities without client knowledge. (Paragraphs 61G15-19.001(6)(g), (h), F.A.C.)	Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years' probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
e. Failure to preserve client's confidence. (Paragraph 61G15-19.001(6)(r), F.A.C.)	Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years' probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation
f. Professional judgment overruled by unqualified person. (Paragraph 61G15-19.001(6)(l), F.A.C.)	Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years' probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
g. Use of name/firm in fraudulent venture. (Paragraph 61G15-19.001(6)(k), F.A.C.)	Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years' probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
h. Undisclosed conflict of interest. (Paragraphs 61G15-19.001(6)(f), (p), F.A.C.)	Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years' probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
i. Renewing or reactivating a license without completion of continuing education hours. (Paragraph 61G15-19.001(6)(s), F.A.C.)
1. Failure to complete Florida Board approved Laws and Rules or Professional Ethics course prior to renewal.	Remedial action only, complete Florida Laws and Rules Study Guide.	$250 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal OR completion of Auburn University Online Ethics Course.	Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.
2. Failure to complete Board approved Laws and Rules and Professional Ethics prior to renewal	Remedial action only, complete Florida Laws and Rules Study Guide.	$500 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal OR completion of Auburn University Online Ethics Course.	Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.
3. Failure to complete any state's Laws and Rules and/or Professional Ethics courses.	Remedial action only: $250 fine, Florida Laws and Rules Study Guide, and complete Florida Board approved courses in both areas in addition to CE required for biennial licensure renewal.	$500 fine, Florida Laws and Rules Study Guide and Auburn University Online Ethics Course.	Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.
4. Failure to complete any/all required CE prior to licensure renewal/reactivation; all credits completed prior to initiation of complaint.	Remedial action only: $250 fine and Florida Laws and Rules Study Guide.	$500 fine, Florida Laws and Rules Study Guide and Auburn University Online Ethics Course.	Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.
5. Failure to complete any/all required CE prior to licensure renewal/reactivation, all hours completed prior to Administrative Complaint being filed.	Remedial action only: $500 fine and Florida Laws and Rules Study Guide.	Reprimand, $2,000 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal OR completion of Auburn University Online Ethics Course.	Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.
6. Failure to complete any/all required CE prior to licensure renewal/reactivation; no response to audit or complaint prior to service of Administrative Complaint.	Reprimand, $5,000 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal AND completion of Auburn University Online Ethics Course.	Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.
ADVANCE \d4(h) Violating any provision of Chapter 455, F.S. (Sections 471.033(1)(h) and 455.227(1)(q), F.S.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review, and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
(i) Renewing or reactivating a license without completion of continuing education hours. (Paragraph 61G15-19.001(6)(r), F.A.C.)
Renewed license without Laws & Rules and/or Florida professional ethics hours; completed missing CE after audit but prior to administrative complaint being filed.	Completion of Laws and Rules Study Guide and Auburn University ethics course.	$1,000 fine and completion of Laws and Rules Study Guide and Auburn University ethics course	(1) year suspension and $2,500.00 fine to revocation
Renewed license while lacking ten (10) or more hours of CE; missing CE completed after audit but prior to administrative complaint being filed.	Completion of Laws and Rules Study Guide and Auburn University ethics course.	Reprimand, $1,000 fine and completion of Laws and Rules Study Guide and Auburn University ethics course.	(1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.
Renewed license without Laws & Rules and/or Florida professional ethics hours and lacking five or less hours of general CE; completed missing CE after audit but prior to administrative complaint being filed.	Completion of Laws and Rules Study Guide and Auburn University ethics course.	Reprimand, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board.	(1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.
Renewed license while lacking ten (10) or more hours of CE; missing CE completed after administrative complaint filed.	Reprimand, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board.	Reprimand, $2,500 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board to one (1) year suspension and $2,500 fine.	(1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.
Renewed license without all CE. Never completed the CE and/or did not respond to the audit.	Reprimand, suspension of license until CE completed, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board.	(2) year suspension, $2,500 fine, completion of all missing CE, and personal appearance prior to reinstatement to Revocation.	Revocation.
ADVANCE \d4(j) Affixing or permitting to be affixed his or her seal, name, or digital signature to any documents that were not prepared by him or her or under his or her responsible supervision, direction or control. (Section 471.033(1)(j), F.S., and paragraphs 61G15-19.001(6)(j), (q), F.A.C.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Permanent Revocation.
ADVANCE \d4(k) Violating any order of the board or department. (Sections 471.033(1)(k), 455.227(1)(q), F.S., and paragraph 61G15-19.001(6)(o), F.A.C.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Permanent Revocation.
(l) Aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S. (Section 455.227(1)(j), F.S.)	Reprimand; $1,000 fine per count; two (2) years' probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years' probation.	Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years' probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years' probation.	$5,000 fine and Revocation.
(m) Failing to report in writing a conviction or plea of nolo contendere, a crime in any jurisdiction. (Section 455.227(1)(t), F.S.)	Reprimand and $500 fine.	Reprimand, $1,000 fine, Basic Engineering Ethics Course, and one (1) year probation.	$5,000 fine and Revocation.

(3) Probation. Pursuant to Sections 455.227(2)(f) and (g), F.S., the Board may impose probation and/or corrective action as disciplinary penalties. All impositions of probation/corrective action as a penalty may include successful completion of the Engineering Law and Rules Study Guide, completion of a Board-approved CE course in Engineering Professionalism and Ethics, and an appearance before the Board at the end of the probationary period. Probation may be with or without monitoring/plans review.

(a) If monitoring/plans review is imposed as a term of probation and/or as corrective action, such monitoring/plans review shall require submission of three (3) plan sets, as selected by the consultant from a list of all plans prepared by Respondent, for review at the six (6) and eighteen (18) month intervals following entry of the order. Following satisfactory review of all 3 plan sets at the 6 month interval monitoring/plans review may be terminated without the 18 month review. Unsatisfactory plans review at the 6 month period will require the 18 month review and shall result in referral for investigation and possible institution of additional disciplinary proceedings. An unsatisfactory 18 month plans review shall lead to referral for investigation and possible institution of additional disciplinary proceedings.

(b) The licensee is responsible for all costs associated with compliance with the terms of probation. Unless stated otherwise in the disciplinary order, any costs of compliance with disciplinary penalties imposed shall be paid within thirty (30) days of the effective date of the Order or of invoice, whichever is later.

(4) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the board prior to the imposition of a final penalty. The fact that an Administrative Law Judge of the Division of Administrative Hearings may or may not have been aware of the below mentioned aggravating or mitigating circumstances prior to a recommendation of penalty in a Recommended Order shall not obviate the duty of the board to consider aggravating and mitigating circumstances brought to its attention prior to the issuance of a Final Order.

(a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

1. History of previous violations of the practice act and the rules promulgated thereto.

2. In the case of negligence; of the magnitude and scope of the project and the damage inflicted upon the general public by the licensee's misfeasance.

3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.

4. Violation of the provision of the practice act wherein a letter of guidance as provided in Section 455.225(3), F.S., has previously been issued to the licensee.

5. Refusal to accept responsibility for or to acknowledge the violation.

6. Degree of cooperation with disciplinary investigation.

7. Degree to which conduct departed from generally accepted professional standards of conduct.

8. The number of unrelated and distinct offenses.

9. Prior discipline imposed upon the licensee.

10. The deterrent effect of the penalty imposed.

11. Failure of the licensee to correct or stop violations.

(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:

1. In cases of negligence, the minor nature of the project in question and lack of danger to the public health, safety and welfare resulting from the licensee's misfeasance.

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.

3. Restitution of any damages suffered.

4. The licensee's professional standing among his peers including continuing education.

5. Steps taken by the licensee or his firm to insure the non-occurrence of similar violations in the future.

6. Acceptance of responsibility for the violation and explanation of the facts and circumstances surrounding the occurrence.

7. Degree of cooperation with disciplinary investigation.

8. Degree to which conduct departed from generally accepted professional standards of conduct.

9. The length of time the licensee has practiced his or her profession.

10. The effect of the penalty upon the licensee's livelihood.

11. Efforts of the licensee to correct or stop violations.

(5) Costs. In addition to any penalty imposed pursuant to Section 455.227(2), F.S. and the rules of the Board, pursuant to Section 455.227(3), F.S., the licensee is responsible for payment of all costs of investigation and prosecution related to a disciplinary case.

(6) The provisions of subsections (1) through (5), above, are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S. Likewise, the provisions of subsections (1) through (5) above, are not intended and shall not be construed to limit the ability of the Board to pursue, or recommend the Department pursue, collateral civil or criminal actions, where authorized by law.

Fla. Admin. Code Ann. R. 61G15-19.004

Rulemaking Authority 455.227, 455.2273, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 455.2273, 455.2277, 471.031, 471.033 FS.

New 1-7-87, Formerly 21H-19.004, Amended 11-27-94, 5-22-01, 11-15-01, 5-20-02, 11-21-06, 2-21-10, Amended by Florida Register Volume 42, Number 164, August 23, 2016 effective 9/5/2016, Amended by Florida Register Volume 45, Number 243, December 17, 2019 effective 12/29/2019, Amended by Florida Register Volume 47, Number 154, August 10, 2021 effective 8/22/2021, Amended by Florida Register Volume 49, Number 187, September 26, 2023 effective 10/12/2023, Amended by Florida Register Volume 50, Number 011, January 17, 2024 effective 1/30/2024.

New 1-7-87, Formerly 21H-19.004, Amended 11-27-94, 5-22-01, 11-15-01, 5-20-02, 11-21-06, 2-21-10, 9-5-16, 12-29-19, 8-22-21, 10-12-23, 1-30-24.