Division of Administrative Hearings, Florida
Filed: Apr. 05, 2012
The issues in this proceeding are: Whether Petitioner has standing to bring this Rule Challenge; Whether Florida Administrative Code Rule 61G15-19.001(4) and the Responsibility Rules set forth in rule chapters 61G15-30 through 34, and 61G15-36 are valid rules; Whether the Florida Board of Professional Engineers’ (Board) prosecution of licensed professional engineers for negligence in the practice of engineering, a violation of section 471.033(1)(g), Florida Statutes, outside the framework of section 553.781, Florida Statutes, constitutes an unpromulgated rule; and Whether the Board can impose as discipline a project review by an expert as a condition of probation on a licensed professional engineer for violation of section 471.0331(1)(g), Florida Statutes; and whether such an allegation is properly resolved in a rule challenge.Petitioner's de facto suspended Florida Engineer's license not practicing in Florida or another state, does not have standing to challenge negligence and responsibility rules or alleged non-rules unrelated to obtaining license.
