Florida Regulations 5J-17.081: Notices of Noncompliance
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The offenses enumerated in this rule shall be the subject of a notice of noncompliance before disciplinary action is taken:
(1) 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.
(2) A licensee’s first time failure to submit proof of continuing education upon response to an audit of continuing education; provided that such proof is submitted within fifteen (15) days of receipt of the Notice of Noncompliance. Failure to submit such proof within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(3) A licensee’s first time failure to comply with an order of the Board; provided that the licensee complies with the order within fifteen (15) days of receipt of the notice of noncompliance or begins substantial efforts to comply with the order. Failure to comply or make substantial efforts to comply within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(4) A licensee’s first time failure to pay any final judgement entered against a licensee in any civil proceeding involving the licensee’s practice of surveying and mapping; provided that the judgement is paid within fifteen (15) days of receipt of the notice of noncompliance. Failure to pay the judgement within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(5) A licensee’s first time failure to respond to an audit of continuing education; provided that the response is made within fifteen (15) days of receipt of the notice of noncompliance. Failure to respond within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(6) A licensee’s first time failure to comply with a subpoena authorized by the probable cause panel of the Board; provided that compliance is made within fifteen (15) days of receipt of the notice of noncompliance. Failure to comply with the subpoena within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(7) A business entity’s first time unauthorized practice of surveying and mapping, if the business entity has been in operation for less than one year; provided that the business entity applies for authorization within fifteen (15) days of the receipt of the notice of noncompliance. Failure to make application within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
Rulemaking Authority 472.0351 FS. Law Implemented 472.033(3) FS. History-New 12-25-95, Amended 10-1-97, 4-8-07, Formerly 61G17-9.0045.
Terms Used In Florida Regulations 5J-17.081
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Subpoena: A command to a witness to appear and give testimony.
(2) A licensee’s first time failure to submit proof of continuing education upon response to an audit of continuing education; provided that such proof is submitted within fifteen (15) days of receipt of the Notice of Noncompliance. Failure to submit such proof within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(3) A licensee’s first time failure to comply with an order of the Board; provided that the licensee complies with the order within fifteen (15) days of receipt of the notice of noncompliance or begins substantial efforts to comply with the order. Failure to comply or make substantial efforts to comply within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(4) A licensee’s first time failure to pay any final judgement entered against a licensee in any civil proceeding involving the licensee’s practice of surveying and mapping; provided that the judgement is paid within fifteen (15) days of receipt of the notice of noncompliance. Failure to pay the judgement within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(5) A licensee’s first time failure to respond to an audit of continuing education; provided that the response is made within fifteen (15) days of receipt of the notice of noncompliance. Failure to respond within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(6) A licensee’s first time failure to comply with a subpoena authorized by the probable cause panel of the Board; provided that compliance is made within fifteen (15) days of receipt of the notice of noncompliance. Failure to comply with the subpoena within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
(7) A business entity’s first time unauthorized practice of surveying and mapping, if the business entity has been in operation for less than one year; provided that the business entity applies for authorization within fifteen (15) days of the receipt of the notice of noncompliance. Failure to make application within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.
Rulemaking Authority 472.0351 FS. Law Implemented 472.033(3) FS. History-New 12-25-95, Amended 10-1-97, 4-8-07, Formerly 61G17-9.0045.