Florida Regulations 5J-17.016: Time for Compliance With Final Order; Probation
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(1) In cases where the Board imposes an administrative fine for a violation of Florida Statutes Chapter 472, or of the rules promulgated thereunder, the penalty shall be paid within ninety (90) days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order.
(2) Failure to pay an administrative fine within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee.
(3) For purposes of this rule, the term “”administrative fine”” civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, including attorney’s fees, if applicable, and restitution.
(4) In cases where the Board imposes probation and/or suspension for violation of Florida Statutes Chapter 472, or of the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear before the Probation Committee of the Board at such times as directed by the Executive Director, or as specified in the Final Order.
(b) At each probation appearance, in connection with the submission of surveys as required by the licensee being placed on probation, the licensee shall answer questions under oath and shall provide a list of all surveys performed including type of survey, since the entry of the Final Order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance.
(c) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department.
(d) Should the licensee violate any condition of probation, it shall be considered a violation of Section 472.0351(1)(h), F.S., and shall result in further disciplinary action by the Board.
(e) Should the licensee’s license to practice surveying and mapping be suspended or otherwise placed on inactive status, or if the licensee leaves the practice of surveying and mapping for thirty (30) days or more, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of surveying and mapping, and the licensee shall then serve the time remaining in the term of probation.
Rulemaking Authority 472.008 FS. Law Implemented 472.0202, 472.0351 FS. History-New 2-23-05, Formerly 61G17-2.006, Amended 10-17-12, 11-13-17.
Terms Used In Florida Regulations 5J-17.016
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oath: A promise to tell the truth.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Survey: The result of any professional service or work resulting from the practice of Surveying and Mapping as defined in Florida Statutes Chapter 472, which includes, As-built/Record Surveys, Boundary Surveys, Construction Layout Surveys, Condominium Surveys, Construction Control Surveys, Control Surveys, Elevation Surveys, Hydrographic/Bathymetric Surveys, Tidal or non-tidal Water Boundary Surveys, Photogrammetric Surveys (including Orthorectified Imagery), Quantity Surveys, and Topographic Surveys, whether it is measured by direct or remote sensing methods. See Florida Regulations 5J-17.050
(3) For purposes of this rule, the term “”administrative fine”” civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, including attorney’s fees, if applicable, and restitution.
(4) In cases where the Board imposes probation and/or suspension for violation of Florida Statutes Chapter 472, or of the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear before the Probation Committee of the Board at such times as directed by the Executive Director, or as specified in the Final Order.
(b) At each probation appearance, in connection with the submission of surveys as required by the licensee being placed on probation, the licensee shall answer questions under oath and shall provide a list of all surveys performed including type of survey, since the entry of the Final Order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance.
(c) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department.
(d) Should the licensee violate any condition of probation, it shall be considered a violation of Section 472.0351(1)(h), F.S., and shall result in further disciplinary action by the Board.
(e) Should the licensee’s license to practice surveying and mapping be suspended or otherwise placed on inactive status, or if the licensee leaves the practice of surveying and mapping for thirty (30) days or more, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of surveying and mapping, and the licensee shall then serve the time remaining in the term of probation.
Rulemaking Authority 472.008 FS. Law Implemented 472.0202, 472.0351 FS. History-New 2-23-05, Formerly 61G17-2.006, Amended 10-17-12, 11-13-17.