Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 616
Ì124074!Î124074
LEGISLATIVE ACTION
Senate . House
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The Committee on Innovation, Industry, and Technology (Perry)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (6) of section
6 455.271, Florida Statutes, is amended to read:
7 455.271 Inactive and delinquent status.—
8 (6)(a) A delinquent status licensee must affirmatively
9 apply with a complete application, as defined by rule of the
10 board, or the department if there is no board, for active or
11 inactive status during the licensure cycle in which a licensee
12 becomes delinquent. Failure by a delinquent status licensee to
13 become active or inactive before the expiration of the current
14 licensure cycle shall render the license void without any
15 further action by the board or the department. The board, or the
16 department if there is no board, shall adopt rules allowing a
17 licensee whose license is void to apply for reinstatement.
18
19 This subsection does not apply to individuals subject to
20 regulation under chapter 473.
21 Section 2. Subsections (13) of section 471.005, Florida
22 Statutes, is redesignated as subsection (3), and present
23 subsection (3) and subsection (8) of that section are amended,
24 to read:
25 471.005 Definitions.—As used in this chapter, the term:
26 (3) “Certificate of authorization” means a license to
27 practice engineering issued by the management corporation to a
28 corporation or partnership.
29 (8) “License” means the licensing of engineers or
30 certification of businesses to practice engineering in this
31 state.
32 Section 3. Section 471.008, Florida Statutes, is amended to
33 read:
34 471.008 Rulemaking authority.—The board has authority to
35 adopt rules pursuant to ss. 120.536(1) and 120.54 to:
36 (1) Implement provisions of this chapter or chapter 455
37 which confer conferring duties upon it.
38 (2) Ensure competence in the practice of engineering.
39 (3) Ensure accuracy, completeness, and quality in the
40 engineering products provided.
41 Section 4. Subsection (4) of section 471.011, Florida
42 Statutes, is amended to read:
43 471.011 Fees.—
44 (4) The fee for a certificate of authorization shall not
45 exceed $125.
46 Section 5. Paragraph (a) of subsection (1) of section
47 471.013, Florida Statutes, is amended to read:
48 471.013 Examinations; prerequisites.—
49 (1)(a) A person shall be entitled to take an examination
50 for the purpose of determining whether she or he is qualified to
51 practice in this state as an engineer if the person is of good
52 moral character and:
53 1. Is a graduate from an approved engineering curriculum of
54 4 years or more in a school, college, or university which has
55 been approved by the board and has a record of 4 years of active
56 engineering experience of a character indicating competence to
57 be in responsible charge of engineering; or
58 2. Is a graduate of an approved engineering technology
59 curriculum of 4 years or more in a school, college, or
60 university which has been approved by the board within the State
61 University System, having been enrolled or having graduated
62 prior to July 1, 1979, and has a record of 4 years of active
63 engineering experience of a character indicating competence to
64 be in responsible charge of engineering; or
65 3. Has, in lieu of such education and experience
66 requirements, 10 years or more of active engineering work of a
67 character indicating that the applicant is competent to be
68 placed in responsible charge of engineering. However, this
69 subparagraph does not apply unless such person notifies the
70 department before July 1, 1984, that she or he was engaged in
71 such work on July 1, 1981.
72
73 The board shall adopt rules providing for the review and
74 approval of schools or colleges and the courses of study in
75 engineering in such schools and colleges. The rules must shall
76 be based on the educational requirements for engineering as
77 defined in s. 471.005. The board may adopt rules providing for
78 the acceptance of the approval and accreditation of schools and
79 courses of study by a nationally accepted accreditation
80 organization.
81 Section 6. Subsections (2), (3), (5), and (6) of section
82 471.015, Florida Statutes, are amended to read:
83 471.015 Licensure.—
84 (2)(a) The board shall certify for licensure any applicant
85 who has submitted proof satisfactory to the board that he or she
86 is at least 18 years of age and who:
87 1. Satisfies the requirements of s. 471.013(1)(a)1. and has
88 a record of 4 years of active engineering experience of a
89 character indicating competence to be in responsible charge of
90 engineering; or
91 2. Satisfies the requirements of s. 471.013(1)(a)2. and has
92 a record of 6 years of active engineering experience of a
93 character indicating competence to be in responsible charge of
94 engineering s. 471.013.
95 (b) The board may refuse to certify any applicant who has
96 violated any of the provisions of s. 471.031.
97 (3) The board shall certify as qualified for a license by
98 endorsement an applicant who:
99 (a) Qualifies to take the fundamentals examination and the
100 principles and practice examination as set forth in s. 471.013,
101 has passed a United States national, regional, state, or
102 territorial licensing examination that is substantially
103 equivalent to the fundamentals examination and principles and
104 practice examination required by s. 471.013, and has satisfied
105 the experience requirements set forth in paragraph (2)(a) and s.
106 471.013; or
107 (b) Holds a valid license to practice engineering issued by
108 another state or territory of the United States, if the criteria
109 for issuance of the license were substantially the same as the
110 licensure criteria that existed in this state at the time the
111 license was issued.
112 (5)(a) The board shall deem that an applicant who seeks
113 licensure by endorsement has passed an examination substantially
114 equivalent to the fundamentals examination when such applicant
115 has held a valid professional engineer’s license in another
116 state for 10 15 years and has had 15 20 years of continuous
117 professional-level engineering experience.
118 (b) The board shall deem that an applicant who seeks
119 licensure by endorsement has passed an examination substantially
120 equivalent to the fundamentals examination and the principles
121 and practices examination when such applicant has held a valid
122 professional engineer’s license in another state for 20 25 years
123 and has had 25 30 years of continuous professional-level
124 engineering experience.
125 (6) The board may require a personal appearance by any
126 applicant for licensure under this chapter. Any applicant of
127 whom a personal appearance is required must be given adequate
128 notice of the time and place of the appearance and provided with
129 a statement of the purpose of and reasons requiring the
130 appearance. If an applicant is required to appear, the time
131 period within which a licensure application must be granted or
132 denied is tolled until such time as the applicant appears.
133 However, if the applicant fails to appear before the board at
134 either of the next two regularly scheduled board meetings, the
135 application for licensure may be denied.
136 Section 7. Section 471.019, Florida Statutes, is amended to
137 read:
138 471.019 Reactivation.—The board shall prescribe by rule a
139 reinstatement process for void licenses which includes
140 establishing appropriate continuing education requirements for
141 reactivating a license. The continuing education requirements
142 for reactivating a license for a licensed engineer may not
143 exceed the continuing education requirements prescribed pursuant
144 to s. 471.017 12 classroom hours for each year the license was
145 inactive.
146 Section 8. Section 471.021, Florida Statutes, is amended to
147 read:
148 471.021 Engineers and firms of other states; temporary
149 registration certificates to practice in Florida.—
150 (1) Upon approval of the board and payment of the fee set
151 in s. 471.011, the management corporation shall issue a
152 temporary license for work on one specified project in this
153 state for a period not to exceed 1 year to an engineer holding a
154 certificate to practice in another state, provided Florida
155 licensees are similarly permitted to engage in work in such
156 state and provided that the engineer be qualified for licensure
157 by endorsement.
158 (2) Upon approval by the board and payment of the fee set
159 in s. 471.011, the management corporation shall issue a
160 temporary registration certificate of authorization for work on
161 one specified project in this state for a period not to exceed 1
162 year to an out-of-state corporation, partnership, or firm,
163 provided one of the principal officers of the corporation, one
164 of the partners of the partnership, or one of the principals in
165 the fictitiously named firm has obtained a temporary license in
166 accordance with subsection (1).
167 (3) The application for a temporary license shall require
168 the constitute appointment of the Department of State as an
169 agent of the applicant for service of process in any action or
170 proceeding against the applicant arising out of any transaction
171 or operation connected with or incidental to the practice of
172 engineering for which the temporary license was issued.
173 Section 9. Section 471.023, Florida Statutes, is amended to
174 read:
175 471.023 Registration Certification of business
176 organizations.—
177 (1) The practice of, or the offer to practice, engineering
178 by licensees or offering engineering services to the public
179 through a business organization, including a partnership,
180 corporation, business trust, or other legal entity or by a
181 business organization, including a corporation, partnership,
182 business trust, or other legal entity offering such services to
183 the public through licensees under this chapter as agents,
184 employees, officers, or partners is permitted only if the
185 business organization is registered with possesses a
186 certification issued by the management corporation pursuant to
187 qualification by the board, subject to the provisions of this
188 chapter. One or more of the principal officers of the business
189 organization or one or more partners of the partnership and all
190 personnel of the business organization who act in its behalf as
191 engineers in this state shall be licensed as provided by this
192 chapter. All final drawings, specifications, plans, reports, or
193 documents involving practices licensed under this chapter which
194 are prepared or approved for the use of the business
195 organization or for public record within the state shall be
196 dated and shall bear the signature and seal of the licensee who
197 prepared or approved them. Nothing in this section shall be
198 construed to mean that a license to practice engineering shall
199 be held by a business organization. Nothing herein prohibits
200 business organizations from joining together to offer
201 engineering services to the public, if each business
202 organization otherwise meets the requirements of this section.
203 No business organization shall be relieved of responsibility for
204 the conduct or acts of its agents, employees, or officers by
205 reason of its compliance with this section, nor shall any
206 individual practicing engineering be relieved of responsibility
207 for professional services performed by reason of his or her
208 employment or relationship with a business organization.
209 (2) For the purposes of this section, registration with the
210 management corporation a certificate of authorization shall be
211 required for any business organization or other person
212 practicing under a fictitious name, offering engineering
213 services to the public. However, when an individual is
214 practicing engineering in his or her own given name, he or she
215 shall not be required to be registered licensed under this
216 section.
217 (3) Except as provided in s. 558.0035, the fact that a
218 licensed engineer practices through a business organization does
219 not relieve the licensee from personal liability for negligence,
220 misconduct, or wrongful acts committed by him or her.
221 Partnerships and all partners shall be jointly and severally
222 liable for the negligence, misconduct, or wrongful acts
223 committed by their agents, employees, or partners while acting
224 in a professional capacity. Any officer, agent, or employee of a
225 business organization other than a partnership shall be
226 personally liable and accountable only for negligent acts,
227 wrongful acts, or misconduct committed by him or her or
228 committed by any person under his or her direct supervision and
229 control, while rendering professional services on behalf of the
230 business organization. The personal liability of a shareholder
231 or owner of a business organization, in his or her capacity as
232 shareholder or owner, shall be no greater than that of a
233 shareholder-employee of a corporation incorporated under chapter
234 607. The business organization shall be liable up to the full
235 value of its property for any negligent acts, wrongful acts, or
236 misconduct committed by any of its officers, agents, or
237 employees while they are engaged on its behalf in the rendering
238 of professional services.
239 (4) Each certification of authorization shall be renewed
240 every 2 years. Each business organization registered certified
241 under this section must notify the board within 1 month after
242 any change in the information contained in the application upon
243 which the registration certification is based.
244 (a) A qualifying agent who terminates an affiliation with a
245 qualified business organization must notify the board, by a
246 process established by rule, of such termination within 24 hours
247 after the termination. If such qualifying agent is the only
248 qualifying agent for that business organization, the business
249 organization must be qualified by another qualifying agent
250 within 60 days after the termination. Except as provided in
251 paragraph (b), the business organization may not engage in the
252 practice of engineering until it is qualified by another
253 qualifying agent.
254 (b) In the event a qualifying agent ceases employment with
255 a qualified business organization and such qualifying agent is
256 the only licensed individual affiliated with the business
257 organization, the board may authorize another licensee employed
258 by the business organization to temporarily serve as its
259 qualifying agent for a period of not more than 60 days to
260 proceed with incomplete contracts. The business organization may
261 not operate beyond such period under this chapter absent
262 replacement of the qualifying agent.
263 (c) A qualifying agent shall notify the board, by a process
264 established by rule, before engaging in the practice of
265 engineering in affiliation with a different business
266 organization.
267 (5) Disciplinary action against a business organization
268 shall be administered in the same manner and on the same grounds
269 as disciplinary action against a licensed engineer.
270 Section 10. Subsection (4) is added to section 471.025,
271 Florida Statutes, to read:
272 471.025 Seals.—
273 (4) A successor engineer seeking to reuse documents
274 previously sealed by another engineer must be able to
275 independently re-create all of the work done by the original
276 engineer. A successor engineer assumes full professional and
277 legal responsibility by signing and affixing his or her seal to
278 the assumed documents. Such documents must be treated as though
279 they were the successor engineer’s original product, and the
280 original engineer is released from any professional
281 responsibility or civil liability for prior work assumed by the
282 successor engineer. For the purposes of this subsection, the
283 term “successor engineer” means an engineer who is using or
284 relying upon the work, findings, or recommendations of the
285 engineer who previously sealed the pertinent documents.
286 Section 11. Paragraph (a) of subsection (5) of section
287 553.79, Florida Statutes, is amended to read:
288 553.79 Permits; applications; issuance; inspections.—
289 (5)(a) During new construction or during repair or
290 restoration projects in which the structural system or
291 structural loading of a threshold building is being modified,
292 the enforcing agency shall require a special inspector to
293 perform structural inspections on the a threshold building
294 pursuant to a structural inspection plan prepared by the
295 engineer or architect of record. The structural inspection plan
296 must be submitted to and approved by the enforcing agency before
297 the issuance of a building permit for the construction, repair,
298 or restoration of a threshold building. The purpose of the
299 structural inspection plan is to provide specific inspection
300 procedures and schedules so that the building can be adequately
301 inspected for compliance with the permitted documents. The
302 special inspector may not serve as a surrogate in carrying out
303 the responsibilities of the building official, the architect, or
304 the engineer of record. The contractor’s contractual or
305 statutory obligations are not relieved by any action of the
306 special inspector. The special inspector shall determine that a
307 professional engineer who specializes in shoring design has
308 inspected the shoring and reshoring for conformance with the
309 shoring and reshoring plans submitted to the enforcing agency. A
310 fee simple title owner of a building, which does not meet the
311 minimum size, height, occupancy, occupancy classification, or
312 number-of-stories criteria which would result in classification
313 as a threshold building under s. 553.71(12), may designate such
314 building as a threshold building, subject to more than the
315 minimum number of inspections required by the Florida Building
316 Code.
317 Section 12. Subsections (4) and (5), paragraphs (a), (b),
318 and (c) of subsection (7), and subsection (9) of section
319 553.791, Florida Statutes, are amended to read:
320 553.791 Alternative plans review and inspection.—
321 (4) A fee owner or the fee owner’s contractor using a
322 private provider to provide building code inspection services
323 shall notify the local building official at the time of permit
324 application, or no later than 2 p.m. of the business day before
325 less than 7 business days prior to the first scheduled
326 inspection by the local building official or building code
327 enforcement agency for a private provider performing required
328 inspections of construction under this section, on a form to be
329 adopted by the commission. This notice shall include the
330 following information:
331 (a) The services to be performed by the private provider.
332 (b) The name, firm, address, telephone number, and
333 facsimile number of each private provider who is performing or
334 will perform such services, his or her professional license or
335 certification number, qualification statements or resumes, and,
336 if required by the local building official, a certificate of
337 insurance demonstrating that professional liability insurance
338 coverage is in place for the private provider’s firm, the
339 private provider, and any duly authorized representative in the
340 amounts required by this section.
341 (c) An acknowledgment from the fee owner in substantially
342 the following form:
343
344 I have elected to use one or more private providers to
345 provide building code plans review and/or inspection
346 services on the building or structure that is the
347 subject of the enclosed permit application, as
348 authorized by s. 553.791, Florida Statutes. I
349 understand that the local building official may not
350 review the plans submitted or perform the required
351 building inspections to determine compliance with the
352 applicable codes, except to the extent specified in
353 said law. Instead, plans review and/or required
354 building inspections will be performed by licensed or
355 certified personnel identified in the application. The
356 law requires minimum insurance requirements for such
357 personnel, but I understand that I may require more
358 insurance to protect my interests. By executing this
359 form, I acknowledge that I have made inquiry regarding
360 the competence of the licensed or certified personnel
361 and the level of their insurance and am satisfied that
362 my interests are adequately protected. I agree to
363 indemnify, defend, and hold harmless the local
364 government, the local building official, and their
365 building code enforcement personnel from any and all
366 claims arising from my use of these licensed or
367 certified personnel to perform building code
368 inspection services with respect to the building or
369 structure that is the subject of the enclosed permit
370 application.
371
372 If the fee owner or the fee owner’s contractor makes any changes
373 to the listed private providers or the services to be provided
374 by those private providers, the fee owner or the fee owner’s
375 contractor shall, within 1 business day after any change, update
376 the notice to reflect such changes. A change of a duly
377 authorized representative named in the permit application does
378 not require a revision of the permit, and the building code
379 enforcement agency shall not charge a fee for making the change.
380 In addition, the fee owner or the fee owner’s contractor shall
381 post at the project site, prior to the commencement of
382 construction and updated within 1 business day after any change,
383 on a form to be adopted by the commission, the name, firm,
384 address, telephone number, and facsimile number of each private
385 provider who is performing or will perform building code
386 inspection services, the type of service being performed, and
387 similar information for the primary contact of the private
388 provider on the project.
389 (5) After construction has commenced and if the local
390 building official is unable to provide inspection services in a
391 timely manner, the fee owner or the fee owner’s contractor may
392 elect to use a private provider to provide inspection services
393 by notifying the local building official of the owner’s or
394 contractor’s intention to do so no later than 2 p.m. of the
395 business day before less than 7 business days prior to the next
396 scheduled inspection using the notice provided for in paragraphs
397 (4)(a)-(c).
398 (7)(a) No more than 15 30 business days after receipt of a
399 permit application and the affidavit from the private provider
400 required pursuant to subsection (6), the local building official
401 shall issue the requested permit or provide a written notice to
402 the permit applicant identifying the specific plan features that
403 do not comply with the applicable codes, as well as the specific
404 code chapters and sections. If the local building official does
405 not provide a written notice of the plan deficiencies within the
406 prescribed 15-day 30-day period, the permit application shall be
407 deemed approved as a matter of law, and the permit shall be
408 issued by the local building official on the next business day.
409 (b) If the local building official provides a written
410 notice of plan deficiencies to the permit applicant within the
411 prescribed 15-day 30-day period, the 15-day 30-day period shall
412 be tolled pending resolution of the matter. To resolve the plan
413 deficiencies, the permit applicant may elect to dispute the
414 deficiencies pursuant to subsection (13) or to submit revisions
415 to correct the deficiencies.
416 (c) If the permit applicant submits revisions, the local
417 building official has the remainder of the tolled 15-day 30-day
418 period plus 5 business days to issue the requested permit or to
419 provide a second written notice to the permit applicant stating
420 which of the previously identified plan features remain in
421 noncompliance with the applicable codes, with specific reference
422 to the relevant code chapters and sections. If the local
423 building official does not provide the second written notice
424 within the prescribed time period, the permit shall be issued by
425 the local building official on the next business day.
426 (9) A private provider performing required inspections
427 under this section shall provide notice to the local building
428 official of the date and approximate time of any such inspection
429 no later than the prior business day by 2 p.m. local time or by
430 any later time permitted by the local building official in that
431 jurisdiction. The local building official may not prohibit the
432 private provider from performing any inspection outside of the
433 local building official’s normal operating hours, including
434 before and after normal business hours, on weekends, or on
435 holidays. The local building official may visit the building
436 site as often as necessary to verify that the private provider
437 is performing all required inspections. A deficiency notice must
438 be posted at the job site by the private provider, the duly
439 authorized representative of the private provider, or the
440 building department whenever a noncomplying item related to the
441 building code or the permitted documents is found. After
442 corrections are made, the item must be reinspected by the
443 private provider or representative before being concealed.
444 Reinspection or reaudit fees shall not be charged by the local
445 jurisdiction as a result of the local jurisdiction’s audit
446 inspection occurring before the performance of the private
447 provider’s inspection or for any other administrative matter not
448 involving the detection of a violation of the building code or a
449 permit requirement.
450 Section 13. This act shall take effect October 1, 2019.
451
452 ================= T I T L E A M E N D M E N T ================
453 And the title is amended as follows:
454 Delete everything before the enacting clause
455 and insert:
456 A bill to be entitled
457 An act relating to engineering; amending s. 455.271,
458 F.S.; deleting a provision requiring a delinquent
459 status licensee to apply for active or inactive
460 status; requiring rulemaking to authorize licensees
461 whose licenses are void to apply for reinstatement;
462 amending s. 471.005, F.S.; revising definitions;
463 amending s. 471.008, F.S.; revising the Board of
464 Professional Engineers’ rulemaking authority; amending
465 s. 471.011, F.S.; conforming provisions to changes
466 made by the act; amending s. 471.013, F.S.; revising
467 the prerequisites for a person to take an examination
468 that determines whether she or he is qualified to
469 practice in this state as an engineer; deleting an
470 obsolete provision; amending s. 471.015, F.S.;
471 revising licensure certification requirements to
472 include active engineering experience and a minimum
473 age; revising requirements for licensure by
474 endorsement by the board; providing that the time
475 period in which a licensure application must be
476 granted or denied is tolled if an applicant is
477 required to make a personal appearance before the
478 board; authorizing the board to deny a license if such
479 an applicant fails to appear before the board within a
480 specified timeframe; amending s. 471.019, F.S.;
481 requiring the board to adopt rules relating to a
482 reinstatement process for void licenses; revising
483 continuing education requirements for reactivating a
484 license; amending s. 471.021, F.S.; requiring that
485 temporary registrations be issued for certain work
486 rather than certificates of authorization; amending s.
487 471.023, F.S.; conforming provisions to changes made
488 by the act; providing requirements for qualifying
489 agents who terminate an affiliation with or cease
490 employment with qualified business organizations;
491 amending s. 471.025, F.S.; requiring a successor
492 engineer to be able to independently re-create certain
493 work when seeking to reuse certain documents;
494 specifying that a successor engineer assumes full
495 professional and legal responsibility by signing or
496 affixing his or her seal to assumed documents;
497 releasing the engineer who previously sealed the
498 documents from any professional responsibility or
499 civil liability for her or his work that is assumed by
500 a successor engineer; defining the term “successor
501 engineer”; amending s. 553.79, F.S.; requiring that
502 structural inspections on a threshold building be
503 performed during new construction or during certain
504 repair or restoration projects; amending s. 553.791,
505 F.S.; revising notice requirements for certain
506 building code inspection services by private
507 providers; decreasing the amount of time a local
508 building official has to take certain actions after
509 receiving a permit application and affidavit from a
510 private provider; prohibiting a local building
511 official from prohibiting a private provider from
512 performing any inspection outside the local building
513 official’s normal operating hours; providing an
514 effective date.