Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1214
Ì939264=Î939264
LEGISLATIVE ACTION
Senate . House
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The Committee on Innovation, Industry, and Technology (Baxley)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 47 - 382
4 and insert:
5 licensed professional structural engineer shall engage in the
6 practice of professional structural engineering or use the name
7 or title of “licensed structural engineer,” “professional
8 structural engineer,” or “registered structural engineer” or any
9 other title, designation, words, letters, abbreviations, or
10 device tending to indicate that such person holds an active
11 license as a professional structural engineer in this state.
12 (2) The following persons are not required to be licensed
13 under the provisions of this chapter as a licensed engineer or a
14 licensed professional structural engineer:
15 (a) Any person practicing engineering for the improvement
16 of, or otherwise affecting, property legally owned by her or
17 him, unless such practice involves a public utility or the
18 public health, safety, or welfare or the safety or health of
19 employees. This paragraph shall not be construed as authorizing
20 the practice of engineering through an agent or employee who is
21 not duly licensed under the provisions of this chapter.
22 (b)1. A person acting as a public officer employed by any
23 state, county, municipal, or other governmental unit of this
24 state when working on any project the total estimated cost of
25 which is $10,000 or less.
26 2. Persons who are employees of any state, county,
27 municipal, or other governmental unit of this state and who are
28 the subordinates of a person in responsible charge licensed
29 under this chapter, to the extent that the supervision meets
30 standards adopted by rule of the board.
31 (c) Regular full-time employees of a corporation not
32 engaged in the practice of engineering as such, whose practice
33 of engineering for such corporation is limited to the design or
34 fabrication of manufactured products and servicing of such
35 products.
36 (d) Regular full-time employees of a public utility or
37 other entity subject to regulation by the Florida Public Service
38 Commission, Federal Energy Regulatory Commission, or Federal
39 Communications Commission.
40 (e) Employees of a firm, corporation, or partnership who
41 are the subordinates of a person in responsible charge, licensed
42 under this chapter.
43 (f) Any person as contractor in the execution of work
44 designed by a professional engineer or a professional structural
45 engineer or in the supervision of the construction of work as a
46 foreman or superintendent.
47 (g) A licensed surveyor and mapper who takes, or contracts
48 for, professional engineering services incidental to her or his
49 practice of surveying and mapping and who delegates such
50 engineering services to a licensed professional engineer
51 qualified within her or his firm or contracts for such
52 professional engineering services to be performed by others who
53 are licensed professional engineers under the provisions of this
54 chapter.
55 (h) Any electrical, plumbing, air-conditioning, or
56 mechanical contractor whose practice includes the design and
57 fabrication of electrical, plumbing, air-conditioning, or
58 mechanical systems, respectively, which she or he installs by
59 virtue of a license issued under chapter 489, under former part
60 I of chapter 553, Florida Statutes 2001, or under any special
61 act or ordinance when working on any construction project which:
62 1. Requires an electrical or plumbing or air-conditioning
63 and refrigeration system with a value of $125,000 or less; and
64 2.a. Requires an aggregate service capacity of 600 amperes
65 (240 volts) or less on a residential electrical system or 800
66 amperes (240 volts) or less on a commercial or industrial
67 electrical system;
68 b. Requires a plumbing system with fewer than 250 fixture
69 units; or
70 c. Requires a heating, ventilation, and air-conditioning
71 system not to exceed a 15-ton-per-system capacity, or if the
72 project is designed to accommodate 100 or fewer persons.
73 (i) Any general contractor, certified or registered
74 pursuant to the provisions of chapter 489, when negotiating or
75 performing services under a design-build contract as long as the
76 engineering services offered or rendered in connection with the
77 contract are offered and rendered by an engineer or professional
78 structural engineer licensed in accordance with this chapter.
79 (j) Any defense, space, or aerospace company, whether a
80 sole proprietorship, firm, limited liability company,
81 partnership, joint venture, joint stock association,
82 corporation, or other business entity, subsidiary, or affiliate,
83 or any employee, contract worker, subcontractor, or independent
84 contractor of the defense, space, or aerospace company who
85 provides engineering for aircraft, space launch vehicles, launch
86 services, satellites, satellite services, or other defense,
87 space, or aerospace-related product or services, or components
88 thereof.
89 Section 2. Present subsections (9) through (12) of section
90 471.005, Florida Statutes, are redesignated as subsections (11)
91 through (14), respectively, new subsections (9) and (10) are
92 added to that section, and present subsection (10) of that
93 section is amended, to read:
94 471.005 Definitions.—As used in this chapter, the term:
95 (9) “Professional structural engineer” means a person who
96 is licensed to engage in the practice of professional structural
97 engineering under this chapter.
98 (10) “Professional structural engineering” means a service
99 or creative work that includes the structural analysis and
100 design of structural components or systems for threshold
101 buildings as defined in s. 553.71. The term includes
102 engineering, as defined in subsection (7), which requires
103 significant structural engineering education, training,
104 experience, and examination, as determined by the board.
105 (12)(10) “Retired professional engineer,” or “professional
106 engineer, retired,” “retired professional structural engineer,”
107 or “professional structural engineer, retired” means a person
108 who has been duly licensed as a professional engineer by the
109 board and who chooses to relinquish or not to renew his or her
110 license and applies to and is approved by the board to be
111 granted the title “Professional Engineer, Retired” or
112 “Professional Structural Engineer, Retired.”
113 Section 3. Subsections (1) and (6) of section 471.011,
114 Florida Statutes, are amended to read:
115 471.011 Fees.—
116 (1) The board by rule may establish fees to be paid for
117 applications, examination, reexamination, licensing and renewal,
118 inactive status application and reactivation of inactive
119 licenses, and recordmaking and recordkeeping. The board may also
120 establish by rule a delinquency fee. The board shall establish
121 fees that are adequate to ensure the continued operation of the
122 board. Fees shall be based on department estimates of the
123 revenue required to implement this chapter and the provisions of
124 law with respect to the regulation of engineers and professional
125 structural engineers.
126 (6) The fee for a temporary registration or certificate to
127 practice engineering or professional structural engineering
128 shall not exceed $25 for an individual or $50 for a business
129 firm.
130 Section 4. Paragraph (a) of subsection (2) of section
131 471.013, Florida Statutes, is amended to read:
132 471.013 Examinations; prerequisites.—
133 (2)(a) The board may refuse to certify an applicant for
134 failure to satisfy the requirement of good moral character only
135 if:
136 1. There is a substantial connection between the lack of
137 good moral character of the applicant and the professional
138 responsibilities of a licensed engineer or licensed professional
139 structural engineer; and
140 2. The finding by the board of lack of good moral character
141 is supported by clear and convincing evidence.
142 Section 5. Present subsections (3) through (7) of section
143 471.015, Florida Statutes, are redesignated as subsections (4)
144 through (8), respectively, a new subsection (3) is added to that
145 section, and present subsection (3) of that section is amended,
146 to read:
147 471.015 Licensure.—
148 (3)(a) The management corporation shall issue a
149 professional structural engineer license to any applicant who
150 the board certifies as qualified to practice professional
151 structural engineering and who meets all of the following
152 requirements:
153 1. Is licensed under this chapter as an engineer or is
154 qualified for licensure as an engineer.
155 2. Submits an application in the format prescribed by the
156 board.
157 3. Pays a fee established by the board under s. 471.011.
158 4. Provides satisfactory evidence of good moral character,
159 as defined by the board.
160 5. Provides a record of 4 years of active professional
161 structural engineering experience, as defined by the board,
162 under the supervision of a licensed professional engineer.
163 6. Has successfully passed the 16-hour National Council of
164 Examiners for Engineering and Surveying Structural Engineering
165 examination.
166 (b) Before March 1, 2022, an applicant who satisfies the
167 requirements of subparagraphs (a)1.-4. may satisfy subparagraphs
168 (a)5. and 6. by:
169 1. Submitting a signed affidavit in the format prescribed
170 by the board which states that the applicant is currently a
171 licensed engineer in this state and has been engaged in the
172 practice of professional structural engineering with a record of
173 at least 4 years of active professional structural engineering
174 design experience;
175 2. Possessing a current professional engineering license
176 and filing the necessary documentation as required by the board,
177 or possessing a current threshold inspector license; and
178 3. Agreeing to meet with the board or a representative of
179 the board, upon the board’s request, for the purpose of
180 evaluating the applicant’s qualifications for licensure.
181 (c) An applicant who is qualified for licensure as an
182 engineer under s. 471.013 may simultaneously apply for licensure
183 as a professional structural engineer if all requirements of s.
184 471.013 and this subsection are met.
185 (4)(3) The board shall certify as qualified for a license
186 by endorsement an applicant who:
187 (a) In engineering, by endorsement, an applicant who
188 qualifies to take the fundamentals examination and the
189 principles and practice examination as set forth in s. 471.013,
190 has passed a United States national, regional, state, or
191 territorial licensing examination that is substantially
192 equivalent to the fundamentals examination and principles and
193 practice examination required by s. 471.013, and has satisfied
194 the experience requirements set forth in paragraph (2)(a) and s.
195 471.013; or
196 (b) In engineering or professional structural engineering,
197 by endorsement, an applicant who holds a valid license to
198 practice engineering, or, for professional structural
199 engineering, an applicant who holds a valid license to practice
200 professional structural engineering, issued by another state or
201 territory of the United States, if the criteria for issuance of
202 the license were substantially the same as the licensure
203 criteria that existed in this state at the time the license was
204 issued; or
205 (c) In professional structural engineering, by endorsement,
206 an applicant who holds a valid license to practice professional
207 structural engineering issued by another state or territory of
208 the United States and who has successfully passed one of the
209 following 16-hour examination combinations:
210 1. The 8-hour National Council of Examiners for Engineering
211 and Surveying Structural Engineering I examination and the 8
212 hour National Council of Examiners for Engineering and Surveying
213 Structural Engineering II examination.
214 2. The 8-hour National Council of Examiners for Engineering
215 and Surveying Structural Engineering II examination and either
216 the 8-hour National Council of Examiners for Engineering and
217 Surveying Civil: Structural examination or the 8-hour National
218 Council of Examiners for Engineering and Surveying Architectural
219 Engineering examination.
220 3. The 16-hour Western States Structural Engineering
221 examination.
222 4. The 8-hour National Council of Examiners for Engineering
223 and Surveying Structural Engineering II examination and either
224 the 8-hour California Structural Engineering Seismic III
225 examination or the 8-hour Washington Structural Engineering III
226 examination.
227 Section 6. Section 471.019, Florida Statutes, is amended to
228 read:
229 471.019 Reactivation.—The board shall establish by rule a
230 reinstatement process for void licenses. The rule shall
231 prescribe appropriate continuing education requirements for
232 reactivating a license. The continuing education requirements
233 for reactivating a license for a licensed engineer or a licensed
234 professional structural engineer may not exceed the continuing
235 education requirements prescribed pursuant to s. 471.017 for
236 each year the license was inactive.
237 Section 7. Subsection (2) of section 471.025, Florida
238 Statutes, is amended to read:
239 471.025 Seals.—
240 (2) It is unlawful for any person to seal or digitally sign
241 any document with a seal or digital signature after his or her
242 license has expired or been revoked or suspended, unless such
243 license is has been reinstated or reissued. When an engineer’s
244 or professional structural engineer’s license is has been
245 revoked or suspended by the board, the licensee shall, within a
246 period of 30 days after the revocation or suspension has become
247 effective, surrender his or her seal to the executive director
248 of the board and confirm to the executive director the
249 cancellation of the licensee’s digital signature in accordance
250 with ss. 668.001-668.006. In the event the engineer’s license
251 has been suspended for a period of time, his or her seal shall
252 be returned to him or her upon expiration of the suspension
253 period.
254 Section 8. Present paragraphs (b) through (g) of subsection
255 (1) of section 471.031, Florida Statutes, are redesignated as
256 paragraphs (c) through (h), respectively, a new paragraph (b) is
257 added to that subsection, and present paragraph (b) of that
258 subsection is amended, to read:
259 471.031 Prohibitions; penalties.—
260 (1) A person may not:
261 (b) Beginning March 1, 2022, practice professional
262 structural engineering unless the person is licensed as a
263 professional structural engineer or exempt from licensure under
264 this chapter.
265 (c)(b)1. Except as provided in subparagraph 2. or
266 subparagraph 3., use the name or title “professional engineer”
267 or any other title, designation, words, letters, abbreviations,
268 or device tending to indicate that such person holds an active
269 license as an engineer when the person is not licensed under
270 this chapter, including, but not limited to, the following
271 titles: “agricultural engineer,” “air-conditioning engineer,”
272 “architectural engineer,” “building engineer,” “chemical
273 engineer,” “civil engineer,” “control systems engineer,”
274 “electrical engineer,” “environmental engineer,” “fire
275 protection engineer,” “industrial engineer,” “manufacturing
276 engineer,” “mechanical engineer,” “metallurgical engineer,”
277 “mining engineer,” “minerals engineer,” “marine engineer,”
278 “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
279 “structural engineer,” “transportation engineer,” “software
280 engineer,” “computer hardware engineer,” or “systems engineer.”
281 2. Any person who is exempt from licensure under s.
282 471.003(2)(j) may use the title or personnel classification of
283 “engineer” in the scope of his or her work under that exemption
284 if the title does not include or connote the term “licensed
285 engineer,” “professional engineer,” “registered engineer,”
286 “licensed professional engineer,” “licensed engineer,”
287 “registered professional engineer,” “licensed structural
288 engineer,” “professional structural engineer,” or “registered
289 structural engineer or “licensed professional engineer.”
290 3. Any person who is exempt from licensure under s.
291 471.003(2)(c) or (e) may use the title or personnel
292 classification of “engineer” in the scope of his or her work
293 under that exemption if the title does not include or connote
294 the term “licensed engineer,” “professional engineer,”
295 “registered engineer,” “licensed professional engineer,”
296 “licensed engineer,” “registered professional engineer,”
297 “licensed structural engineer,” “professional structural
298 engineer,” “registered structural engineer,” or “structural
299 engineer,” or “licensed professional engineer” and if that
300 person is a graduate from an approved engineering curriculum of
301 4 years or more in a school, college, or university which has
302 been approved by the board.
303 Section 9. Paragraphs (b) through (e) and (g) of subsection
304 (1) and subsection (4) of section 471.033, Florida Statutes, are
305 amended to read:
306 471.033 Disciplinary proceedings.—
307 (1) The following acts constitute grounds for which the
308 disciplinary actions in subsection (3) may be taken:
309 (b) Attempting to procure a license to practice engineering
310 or professional structural engineering by bribery or fraudulent
311 misrepresentations.
312 (c) Having a license to practice engineering or
313 professional structural engineering revoked, suspended, or
314 otherwise acted against, including the denial of licensure, by
315 the licensing authority of another state, territory, or country,
316 for any act that would constitute a violation of this chapter or
317 chapter 455.
318 (d) Being convicted or found guilty of, or entering a plea
319 of nolo contendere to, regardless of adjudication, a crime in
320 any jurisdiction which directly relates to the practice of
321 engineering, professional structural engineering, or the ability
322 to practice engineering or professional structural engineering.
323 (e) Making or filing a report or record that the licensee
324 knows to be false, willfully failing to file a report or record
325 required by state or federal law, willfully impeding or
326 obstructing such filing, or inducing another person to impede or
327 obstruct such filing. Such reports or records include only those
328 which that are signed in the capacity of a licensed engineer or
329 licensed professional structural engineer.
330 (g) Engaging in fraud or deceit, negligence, incompetence,
331 or misconduct, in the practice of engineering or professional
332 structural engineering.
333 (4) The management corporation shall reissue the license of
334 a disciplined engineer, professional structural engineer, or
335 business upon certification by the board that the disciplined
336 person has complied with all of the terms and conditions set
337 forth in the final order.
338 Section 10. Subsection (1) of section 471.037, Florida
339 Statutes, is amended to read:
340 471.037 Effect of chapter locally.—
341 (1) Nothing contained in this chapter shall be construed to
342 repeal, amend, limit, or otherwise affect any local building
343 code or zoning law or ordinance, now or hereafter enacted, which
344 is more restrictive with respect to the services of licensed
345 engineers or licensed professional structural engineers than the
346 provisions of this
347
348 ================= T I T L E A M E N D M E N T ================
349 And the title is amended as follows:
350 Delete lines 5 - 30
351 and insert:
352 prohibiting a person who is not a licensed
353 professional structural engineer from using specified
354 names and titles or practicing professional structural
355 engineering, after a specified date; exempting certain
356 persons from licensing requirements; amending s.
357 471.005, F.S.; defining terms; revising definitions;
358 amending s. 471.011, F.S.; authorizing the Board of
359 Professional Engineers to establish fees relating to
360 professional structural engineering licensing;
361 amending s. 471.013, F.S.; authorizing the board to
362 refuse to certify an applicant for a professional
363 structural engineering license for certain reasons;
364 amending s. 471.015, F.S.; providing licensure and
365 application requirements for a professional structural
366 engineer license; exempting certain applicants who
367 apply for licensure before a specified date from
368 passage of a certain national examination, under
369 certain conditions; requiring the board to certify
370 certain applicants for licensure by endorsement;
371 amending ss. 471.019 and 471.025, F.S.; conforming
372 provisions to changes made by the act; amending s.
373 471.031, F.S.; prohibiting certain persons from
374 practicing professional structural engineering after a
375 specified date; prohibiting specified persons from
376 using specified names and titles; amending s. 471.033,
377 F.S.; providing acts that constitute grounds for
378 disciplinary action, including civil penalties,
379 against a professional structural engineer;