Florida Senate - 2020                             CS for SB 1214
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senator Baxley
       
       
       
       
       580-02625-20                                          20201214c1
    1                        A bill to be entitled                      
    2         An act relating to engineers; amending s. 471.003,
    3         F.S.; prohibiting a person who is not licensed as an
    4         engineer from using a specified name or title;
    5         prohibiting a person who is not a licensed
    6         professional structural engineer from using specified
    7         names and titles or practicing professional structural
    8         engineering, after a specified date; exempting certain
    9         persons from licensing requirements; amending s.
   10         471.005, F.S.; defining terms; revising definitions;
   11         amending s. 471.011, F.S.; authorizing the Board of
   12         Professional Engineers to establish fees relating to
   13         professional structural engineering licensing;
   14         amending s. 471.013, F.S.; authorizing the board to
   15         refuse to certify an applicant for a professional
   16         structural engineering license for certain reasons;
   17         amending s. 471.015, F.S.; providing licensure and
   18         application requirements for a professional structural
   19         engineer license; exempting certain applicants who
   20         apply for licensure before a specified date from
   21         passage of a certain national examination, under
   22         certain conditions; requiring the board to certify
   23         certain applicants for licensure by endorsement;
   24         amending ss. 471.019 and 471.025, F.S.; conforming
   25         provisions to changes made by the act; amending s.
   26         471.031, F.S.; prohibiting certain persons from
   27         practicing professional structural engineering after a
   28         specified date; prohibiting specified persons from
   29         using specified names and titles; amending s. 471.033,
   30         F.S.; providing acts that constitute grounds for
   31         disciplinary action, including civil penalties,
   32         against a professional structural engineer; amending
   33         ss. 471.037 and 471.0385, F.S.; conforming provisions
   34         to changes made by the act; providing an effective
   35         date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsections (1) and (2) of section 471.003,
   40  Florida Statutes, are amended to read:
   41         471.003 Qualifications for practice; exemptions.—
   42         (1)(a) No person other than a duly licensed engineer shall
   43  practice engineering or use the name or title of “licensed
   44  engineer,” “professional engineer,” or “registered engineer” or
   45  any other title, designation, words, letters, abbreviations, or
   46  device tending to indicate that such person holds an active
   47  license as an engineer in this state.
   48         (b) Effective March 1, 2022, no person other than a duly
   49  licensed professional structural engineer shall engage in the
   50  practice of professional structural engineering or use the name
   51  or title of “licensed structural engineer,” “professional
   52  structural engineer,” or “registered structural engineer” or any
   53  other title, designation, words, letters, abbreviations, or
   54  device tending to indicate that such person holds an active
   55  license as a professional structural engineer in this state.
   56         (2) The following persons are not required to be licensed
   57  under the provisions of this chapter as a licensed engineer or a
   58  licensed professional structural engineer:
   59         (a) Any person practicing engineering for the improvement
   60  of, or otherwise affecting, property legally owned by her or
   61  him, unless such practice involves a public utility or the
   62  public health, safety, or welfare or the safety or health of
   63  employees. This paragraph shall not be construed as authorizing
   64  the practice of engineering through an agent or employee who is
   65  not duly licensed under the provisions of this chapter.
   66         (b)1. A person acting as a public officer employed by any
   67  state, county, municipal, or other governmental unit of this
   68  state when working on any project the total estimated cost of
   69  which is $10,000 or less.
   70         2. Persons who are employees of any state, county,
   71  municipal, or other governmental unit of this state and who are
   72  the subordinates of a person in responsible charge licensed
   73  under this chapter, to the extent that the supervision meets
   74  standards adopted by rule of the board.
   75         (c) Regular full-time employees of a corporation not
   76  engaged in the practice of engineering as such, whose practice
   77  of engineering for such corporation is limited to the design or
   78  fabrication of manufactured products and servicing of such
   79  products.
   80         (d) Regular full-time employees of a public utility or
   81  other entity subject to regulation by the Florida Public Service
   82  Commission, Federal Energy Regulatory Commission, or Federal
   83  Communications Commission.
   84         (e) Employees of a firm, corporation, or partnership who
   85  are the subordinates of a person in responsible charge, licensed
   86  under this chapter.
   87         (f) Any person as contractor in the execution of work
   88  designed by a professional engineer or a professional structural
   89  engineer or in the supervision of the construction of work as a
   90  foreman or superintendent.
   91         (g) A licensed surveyor and mapper who takes, or contracts
   92  for, professional engineering services incidental to her or his
   93  practice of surveying and mapping and who delegates such
   94  engineering services to a licensed professional engineer
   95  qualified within her or his firm or contracts for such
   96  professional engineering services to be performed by others who
   97  are licensed professional engineers under the provisions of this
   98  chapter.
   99         (h) Any electrical, plumbing, air-conditioning, or
  100  mechanical contractor whose practice includes the design and
  101  fabrication of electrical, plumbing, air-conditioning, or
  102  mechanical systems, respectively, which she or he installs by
  103  virtue of a license issued under chapter 489, under former part
  104  I of chapter 553, Florida Statutes 2001, or under any special
  105  act or ordinance when working on any construction project which:
  106         1. Requires an electrical or plumbing or air-conditioning
  107  and refrigeration system with a value of $125,000 or less; and
  108         2.a. Requires an aggregate service capacity of 600 amperes
  109  (240 volts) or less on a residential electrical system or 800
  110  amperes (240 volts) or less on a commercial or industrial
  111  electrical system;
  112         b. Requires a plumbing system with fewer than 250 fixture
  113  units; or
  114         c. Requires a heating, ventilation, and air-conditioning
  115  system not to exceed a 15-ton-per-system capacity, or if the
  116  project is designed to accommodate 100 or fewer persons.
  117         (i) Any general contractor, certified or registered
  118  pursuant to the provisions of chapter 489, when negotiating or
  119  performing services under a design-build contract as long as the
  120  engineering services offered or rendered in connection with the
  121  contract are offered and rendered by an engineer or professional
  122  structural engineer licensed in accordance with this chapter.
  123         (j) Any defense, space, or aerospace company, whether a
  124  sole proprietorship, firm, limited liability company,
  125  partnership, joint venture, joint stock association,
  126  corporation, or other business entity, subsidiary, or affiliate,
  127  or any employee, contract worker, subcontractor, or independent
  128  contractor of the defense, space, or aerospace company who
  129  provides engineering for aircraft, space launch vehicles, launch
  130  services, satellites, satellite services, or other defense,
  131  space, or aerospace-related product or services, or components
  132  thereof.
  133         Section 2. Present subsections (9) through (12) of section
  134  471.005, Florida Statutes, are redesignated as subsections (11)
  135  through (14), respectively, new subsections (9) and (10) are
  136  added to that section, and present subsection (10) of that
  137  section is amended, to read:
  138         471.005 Definitions.—As used in this chapter, the term:
  139         (9)“Professional structural engineer” means a person who
  140  is licensed to engage in the practice of professional structural
  141  engineering under this chapter.
  142         (10)“Professional structural engineering” means a service
  143  or creative work that includes the structural analysis and
  144  design of structural components or systems for threshold
  145  buildings as defined in s. 553.71. The term includes
  146  engineering, as defined in subsection (7), which requires
  147  significant structural engineering education, training,
  148  experience, and examination, as determined by the board.
  149         (12)(10) “Retired professional engineer,or “professional
  150  engineer, retired,“retired professional structural engineer,”
  151  or “professional structural engineer, retired” means a person
  152  who has been duly licensed as a professional engineer by the
  153  board and who chooses to relinquish or not to renew his or her
  154  license and applies to and is approved by the board to be
  155  granted the title “Professional Engineer, Retired” or
  156  “Professional Structural Engineer, Retired.”
  157         Section 3. Subsections (1) and (6) of section 471.011,
  158  Florida Statutes, are amended to read:
  159         471.011 Fees.—
  160         (1) The board by rule may establish fees to be paid for
  161  applications, examination, reexamination, licensing and renewal,
  162  inactive status application and reactivation of inactive
  163  licenses, and recordmaking and recordkeeping. The board may also
  164  establish by rule a delinquency fee. The board shall establish
  165  fees that are adequate to ensure the continued operation of the
  166  board. Fees shall be based on department estimates of the
  167  revenue required to implement this chapter and the provisions of
  168  law with respect to the regulation of engineers and professional
  169  structural engineers.
  170         (6) The fee for a temporary registration or certificate to
  171  practice engineering or professional structural engineering
  172  shall not exceed $25 for an individual or $50 for a business
  173  firm.
  174         Section 4. Paragraph (a) of subsection (2) of section
  175  471.013, Florida Statutes, is amended to read:
  176         471.013 Examinations; prerequisites.—
  177         (2)(a) The board may refuse to certify an applicant for
  178  failure to satisfy the requirement of good moral character only
  179  if:
  180         1. There is a substantial connection between the lack of
  181  good moral character of the applicant and the professional
  182  responsibilities of a licensed engineer or licensed professional
  183  structural engineer; and
  184         2. The finding by the board of lack of good moral character
  185  is supported by clear and convincing evidence.
  186         Section 5. Present subsections (3) through (7) of section
  187  471.015, Florida Statutes, are redesignated as subsections (4)
  188  through (8), respectively, a new subsection (3) is added to that
  189  section, and present subsection (3) of that section is amended,
  190  to read:
  191         471.015 Licensure.—
  192         (3)(a) The management corporation shall issue a
  193  professional structural engineer license to any applicant who
  194  the board certifies as qualified to practice professional
  195  structural engineering and who meets all of the following
  196  requirements:
  197         1. Is licensed under this chapter as an engineer or is
  198  qualified for licensure as an engineer.
  199         2. Submits an application in the format prescribed by the
  200  board.
  201         3. Pays a fee established by the board under s. 471.011.
  202         4. Provides satisfactory evidence of good moral character,
  203  as defined by the board.
  204         5. Provides a record of 4 years of active professional
  205  structural engineering experience, as defined by the board,
  206  under the supervision of a licensed professional engineer.
  207         6. Has successfully passed the 16-hour National Council of
  208  Examiners for Engineering and Surveying Structural Engineering
  209  examination.
  210         (b) Before March 1, 2022, an applicant who satisfies the
  211  requirements of subparagraphs (a)1.-4. may satisfy subparagraphs
  212  (a)5. and 6. by:
  213         1. Submitting a signed affidavit in the format prescribed
  214  by the board which states that the applicant is currently a
  215  licensed engineer in this state and has been engaged in the
  216  practice of professional structural engineering with a record of
  217  at least 4 years of active professional structural engineering
  218  design experience;
  219         2. Possessing a current professional engineering license
  220  and filing the necessary documentation as required by the board,
  221  or possessing a current threshold inspector license; and
  222         3.Agreeing to meet with the board or a representative of
  223  the board, upon the board’s request, for the purpose of
  224  evaluating the applicant’s qualifications for licensure.
  225         (c)An applicant who is qualified for licensure as an
  226  engineer under s. 471.013 may simultaneously apply for licensure
  227  as a professional structural engineer if all requirements of s.
  228  471.013 and this subsection are met.
  229         (4)(3) The board shall certify as qualified for a license
  230  by endorsement an applicant who:
  231         (a) In engineering, by endorsement, an applicant who
  232  qualifies to take the fundamentals examination and the
  233  principles and practice examination as set forth in s. 471.013,
  234  has passed a United States national, regional, state, or
  235  territorial licensing examination that is substantially
  236  equivalent to the fundamentals examination and principles and
  237  practice examination required by s. 471.013, and has satisfied
  238  the experience requirements set forth in paragraph (2)(a) and s.
  239  471.013; or
  240         (b) In engineering or professional structural engineering,
  241  by endorsement, an applicant who holds a valid license to
  242  practice engineering, or, for professional structural
  243  engineering, an applicant who holds a valid license to practice
  244  professional structural engineering, issued by another state or
  245  territory of the United States, if the criteria for issuance of
  246  the license were substantially the same as the licensure
  247  criteria that existed in this state at the time the license was
  248  issued; or
  249         (c) In professional structural engineering, by endorsement,
  250  an applicant who holds a valid license to practice professional
  251  structural engineering issued by another state or territory of
  252  the United States and who has successfully passed one of the
  253  following 16-hour examination combinations:
  254         1. The 8-hour National Council of Examiners for Engineering
  255  and Surveying Structural Engineering I examination and the 8
  256  hour National Council of Examiners for Engineering and Surveying
  257  Structural Engineering II examination.
  258         2.The 8-hour National Council of Examiners for Engineering
  259  and Surveying Structural Engineering II examination and either
  260  the 8-hour National Council of Examiners for Engineering and
  261  Surveying Civil: Structural examination or the 8-hour National
  262  Council of Examiners for Engineering and Surveying Architectural
  263  Engineering examination.
  264         3.The 16-hour Western States Structural Engineering
  265  examination.
  266         4.The 8-hour National Council of Examiners for Engineering
  267  and Surveying Structural Engineering II examination and either
  268  the 8-hour California Structural Engineering Seismic III
  269  examination or the 8-hour Washington Structural Engineering III
  270  examination.
  271         Section 6. Section 471.019, Florida Statutes, is amended to
  272  read:
  273         471.019 Reactivation.—The board shall establish by rule a
  274  reinstatement process for void licenses. The rule shall
  275  prescribe appropriate continuing education requirements for
  276  reactivating a license. The continuing education requirements
  277  for reactivating a license for a licensed engineer or a licensed
  278  professional structural engineer may not exceed the continuing
  279  education requirements prescribed pursuant to s. 471.017 for
  280  each year the license was inactive.
  281         Section 7. Subsection (2) of section 471.025, Florida
  282  Statutes, is amended to read:
  283         471.025 Seals.—
  284         (2) It is unlawful for any person to seal or digitally sign
  285  any document with a seal or digital signature after his or her
  286  license has expired or been revoked or suspended, unless such
  287  license is has been reinstated or reissued. When an engineer’s
  288  or professional structural engineer’s license is has been
  289  revoked or suspended by the board, the licensee shall, within a
  290  period of 30 days after the revocation or suspension has become
  291  effective, surrender his or her seal to the executive director
  292  of the board and confirm to the executive director the
  293  cancellation of the licensee’s digital signature in accordance
  294  with ss. 668.001-668.006. In the event the engineer’s license
  295  has been suspended for a period of time, his or her seal shall
  296  be returned to him or her upon expiration of the suspension
  297  period.
  298         Section 8. Present paragraphs (b) through (g) of subsection
  299  (1) of section 471.031, Florida Statutes, are redesignated as
  300  paragraphs (c) through (h), respectively, a new paragraph (b) is
  301  added to that subsection, and present paragraph (b) of that
  302  subsection is amended, to read:
  303         471.031 Prohibitions; penalties.—
  304         (1) A person may not:
  305         (b) Beginning March 1, 2022, practice professional
  306  structural engineering unless the person is licensed as a
  307  professional structural engineer or exempt from licensure under
  308  this chapter.
  309         (c)(b)1. Except as provided in subparagraph 2. or
  310  subparagraph 3., use the name or title “professional engineer”
  311  or any other title, designation, words, letters, abbreviations,
  312  or device tending to indicate that such person holds an active
  313  license as an engineer when the person is not licensed under
  314  this chapter, including, but not limited to, the following
  315  titles: “agricultural engineer,” “air-conditioning engineer,”
  316  “architectural engineer,” “building engineer,” “chemical
  317  engineer,” “civil engineer,” “control systems engineer,”
  318  “electrical engineer,” “environmental engineer,” “fire
  319  protection engineer,” “industrial engineer,” “manufacturing
  320  engineer,” “mechanical engineer,” “metallurgical engineer,”
  321  “mining engineer,” “minerals engineer,” “marine engineer,”
  322  “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
  323  “structural engineer,” “transportation engineer,” “software
  324  engineer,” “computer hardware engineer,” or “systems engineer.”
  325         2. Any person who is exempt from licensure under s.
  326  471.003(2)(j) may use the title or personnel classification of
  327  “engineer” in the scope of his or her work under that exemption
  328  if the title does not include or connote the term “licensed
  329  engineer,” “professional engineer,” “registered engineer,”
  330  “licensed professional engineer,” “licensed engineer,”
  331  “registered professional engineer,” “licensed structural
  332  engineer,” “professional structural engineer,” or “registered
  333  structural engineer or “licensed professional engineer.”
  334         3. Any person who is exempt from licensure under s.
  335  471.003(2)(c) or (e) may use the title or personnel
  336  classification of “engineer” in the scope of his or her work
  337  under that exemption if the title does not include or connote
  338  the term “licensed engineer,” “professional engineer,”
  339  “registered engineer,” “licensed professional engineer,”
  340  “licensed engineer,” “registered professional engineer,”
  341  “licensed structural engineer,” “professional structural
  342  engineer,” “registered structural engineer,” or “structural
  343  engineer,” or “licensed professional engineer” and if that
  344  person is a graduate from an approved engineering curriculum of
  345  4 years or more in a school, college, or university which has
  346  been approved by the board.
  347         Section 9. Paragraphs (b) through (e) and (g) of subsection
  348  (1) and subsection (4) of section 471.033, Florida Statutes, are
  349  amended to read:
  350         471.033 Disciplinary proceedings.—
  351         (1) The following acts constitute grounds for which the
  352  disciplinary actions in subsection (3) may be taken:
  353         (b) Attempting to procure a license to practice engineering
  354  or professional structural engineering by bribery or fraudulent
  355  misrepresentations.
  356         (c) Having a license to practice engineering or
  357  professional structural engineering revoked, suspended, or
  358  otherwise acted against, including the denial of licensure, by
  359  the licensing authority of another state, territory, or country,
  360  for any act that would constitute a violation of this chapter or
  361  chapter 455.
  362         (d) Being convicted or found guilty of, or entering a plea
  363  of nolo contendere to, regardless of adjudication, a crime in
  364  any jurisdiction which directly relates to the practice of
  365  engineering, professional structural engineering, or the ability
  366  to practice engineering or professional structural engineering.
  367         (e) Making or filing a report or record that the licensee
  368  knows to be false, willfully failing to file a report or record
  369  required by state or federal law, willfully impeding or
  370  obstructing such filing, or inducing another person to impede or
  371  obstruct such filing. Such reports or records include only those
  372  which that are signed in the capacity of a licensed engineer or
  373  licensed professional structural engineer.
  374         (g) Engaging in fraud or deceit, negligence, incompetence,
  375  or misconduct, in the practice of engineering or professional
  376  structural engineering.
  377         (4) The management corporation shall reissue the license of
  378  a disciplined engineer, professional structural engineer, or
  379  business upon certification by the board that the disciplined
  380  person has complied with all of the terms and conditions set
  381  forth in the final order.
  382         Section 10. Subsection (1) of section 471.037, Florida
  383  Statutes, is amended to read:
  384         471.037 Effect of chapter locally.—
  385         (1) Nothing contained in this chapter shall be construed to
  386  repeal, amend, limit, or otherwise affect any local building
  387  code or zoning law or ordinance, now or hereafter enacted, which
  388  is more restrictive with respect to the services of licensed
  389  engineers or licensed professional structural engineers than the
  390  provisions of this chapter.
  391         Section 11. Subsection (3) of section 471.0385, Florida
  392  Statutes, is amended to read:
  393         471.0385 Court action; effect.—If any provision of s.
  394  471.038 is held to be unconstitutional or is held to violate the
  395  state or federal antitrust laws, the following shall occur:
  396         (3) The Executive Office of the Governor, notwithstanding
  397  chapter 216, is authorized to reestablish positions, budget
  398  authority, and salary rate necessary to carry out the
  399  department’s responsibilities related to the regulation of
  400  professional engineers and professional structural engineers.
  401         Section 12. This act shall take effect July 1, 2020.