Senate Bill sb2464er

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  1                                 

  2         An act relating to engineering; amending s.

  3         471.013, F.S.; revising examination

  4         requirements; amending s. 471.015, F.S.;

  5         conforming provisions; amending s. 471.023,

  6         F.S.; revising terminology relating to legal

  7         entities involved in offering engineering

  8         services; amending s. 471.033, F.S.; providing

  9         for the imposition of restitution as a penalty

10         for disciplinary violations; amending s.

11         471.038, F.S.; deleting obsolete language;

12         deleting certain management powers and duties

13         of the Department of Business and Professional

14         Regulation over the Florida Engineers

15         Management Corporation; deleting a bond

16         requirement for certain employees of the

17         corporation; revising the date an annual report

18         is due; transferring certain functions of the

19         department to the board; providing an effective

20         date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Subsection (1) of section 471.013, Florida

25  Statutes, is amended to read:

26         471.013  Examinations; prerequisites.--

27         (1)(a)  A person shall be entitled to take an

28  examination for the purpose of determining whether she or he

29  is qualified to practice in this state as an engineer if the

30  person is of good moral character and:

31  


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 1         1.  Is a graduate from an approved engineering

 2  curriculum of 4 years or more in a school, college, or

 3  university which has been approved by the board and has a

 4  record of 4 years of active engineering experience of a

 5  character indicating competence to be in responsible charge of

 6  engineering;

 7         2.  Is a graduate of an approved engineering technology

 8  curriculum of 4 years or more in a school, college, or

 9  university within the State University System, having been

10  enrolled or having graduated prior to July 1, 1979, and has a

11  record of 4 years of active engineering experience of a

12  character indicating competence to be in responsible charge of

13  engineering; or

14         3.  Has, in lieu of such education and experience

15  requirements, 10 years or more of active engineering work of a

16  character indicating that the applicant is competent to be

17  placed in responsible charge of engineering. However, this

18  subparagraph does not apply unless such person notifies the

19  department before July 1, 1984, that she or he was engaged in

20  such work on July 1, 1981.

21  

22  The board shall adopt rules providing for the review and

23  approval of schools or colleges and the courses of study in

24  engineering in such schools and colleges.  The rules shall be

25  based on the educational requirements for engineering as

26  defined in s. 471.005.  The board may adopt rules providing

27  for the acceptance of the approval and accreditation of

28  schools and courses of study by a nationally accepted

29  accreditation organization.

30         (b)  A person shall be entitled to take the

31  fundamentals an examination for the purpose of determining


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 1  whether she or he is qualified to practice in this state as an

 2  engineer intern if she or he is in the final year of, or is a

 3  graduate of, an approved engineering curriculum in a school,

 4  college, or university approved by the board.

 5         (c)  A person shall not be entitled to take the

 6  principles and practice part of the examination until that

 7  person has successfully completed the fundamentals

 8  examination.

 9         (d)  On or after October 1, 1992, Every applicant who

10  is qualified to take any part of the fundamentals examination

11  or the principles and practice examination shall be allowed to

12  take either examination any one part five times,

13  notwithstanding the number of times either examination that

14  part has been previously failed. If an applicant fails either

15  any part of the examination taken after October 1, 1992, five

16  times, the board shall require the applicant to complete

17  additional college-level education courses in the areas of

18  deficiency, as determined by the board, as a condition of

19  future eligibility to take that the examination.

20         Section 2.  Section 471.015, Florida Statutes, is

21  amended to read:

22         471.015  Licensure.--

23         (1)  The management corporation shall issue a license

24  to any applicant who the board certifies is qualified to

25  practice engineering and who has passed the fundamentals

26  examination and the principles and practice licensing

27  examination.

28         (2)  The board shall certify for licensure any

29  applicant who satisfies the requirements of s. 471.013.  The

30  board may refuse to certify any applicant who has violated any

31  of the provisions of s. 471.031.


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 1         (3)  The board shall certify as qualified for a license

 2  by endorsement an applicant who:

 3         (a)  Qualifies to take the fundamentals examination and

 4  the principles and practice examination as set forth in s.

 5  471.013, has passed a United States national, regional, state,

 6  or territorial licensing examination that is substantially

 7  equivalent to the fundamentals examination and principles and

 8  practice examination required by s. 471.013, and has satisfied

 9  the experience requirements set forth in s. 471.013; or

10         (b)  Holds a valid license to practice engineering

11  issued by another state or territory of the United States, if

12  the criteria for issuance of the license were substantially

13  the same as the licensure criteria that existed in this state

14  at the time the license was issued.

15         (4)  The management corporation shall not issue a

16  license by endorsement to any applicant who is under

17  investigation in another state for any act that would

18  constitute a violation of this chapter or of chapter 455 until

19  such time as the investigation is complete and disciplinary

20  proceedings have been terminated.

21         (5)(a)  The board shall deem that an applicant who

22  seeks licensure by endorsement has passed an examination

23  substantially equivalent to part I of the fundamentals

24  engineering examination when such applicant:

25         1.  Has held a valid professional engineer's license in

26  another state for 15 years and has had 20 years of continuous

27  professional-level engineering experience;

28         2.  Has received a doctorate degree in engineering from

29  an institution that has an undergraduate engineering degree

30  program which is accredited by the Accreditation Board for

31  Engineering Technology; or


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 1         3.  Has received a doctorate degree in engineering and

 2  has taught engineering full time for at least 3 years, at the

 3  baccalaureate level or higher, after receiving that degree.

 4         (b)  The board shall deem that an applicant who seeks

 5  licensure by endorsement has passed an examination

 6  substantially equivalent to part I and part II of the

 7  fundamentals examination and the principles and practices

 8  engineering examination when such applicant has held a valid

 9  professional engineer's license in another state for 25 years

10  and has had 30 years of continuous professional-level

11  engineering experience.

12         (6)  The board may require a personal appearance by any

13  applicant for licensure under this chapter. Any applicant of

14  whom a personal appearance is required must be given adequate

15  notice of the time and place of the appearance and provided

16  with a statement of the purpose of and reasons requiring the

17  appearance.

18         (7)  The board shall, by rule, establish qualifications

19  for certification of licensees as special inspectors of

20  threshold buildings, as defined in ss. 553.71 and 553.79, and

21  shall compile a list of persons who are certified. A special

22  inspector is not required to meet standards for certification

23  other than those established by the board, and the fee owner

24  of a threshold building may not be prohibited from selecting

25  any person certified by the board to be a special inspector.

26  The board shall develop minimum qualifications for the

27  qualified representative of the special inspector who is

28  authorized to perform inspections of threshold buildings on

29  behalf of the special inspector under s. 553.79.

30         Section 3.  Section 471.023, Florida Statutes, is

31  amended to read:


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 1         471.023  Certification of business organizations

 2  partnerships and corporations.--

 3         (1)  The practice of, or the offer to practice,

 4  engineering by licensees through a corporation or partnership

 5  offering engineering services to the public through a business

 6  organization, including a partnership, corporation, business

 7  trust, or other legal entity or by a business organization,

 8  including a corporation, or partnership, business trust, or

 9  other legal entity offering such said services to the public

10  through licensees under this chapter as agents, employees,

11  officers, or partners is permitted only if the business

12  organization firm possesses a certification issued by the

13  management corporation pursuant to qualification by the board,

14  subject to the provisions of this chapter. One or more of the

15  principal officers of the business organization corporation or

16  one or more partners of the partnership and all personnel of

17  the business organization corporation or partnership who act

18  in its behalf as engineers in this state shall be licensed as

19  provided by this chapter. All final drawings, specifications,

20  plans, reports, or documents involving practices licensed

21  under this chapter which are prepared or approved for the use

22  of the business organization corporation or partnership or for

23  public record within the state shall be dated and shall bear

24  the signature and seal of the licensee who prepared or

25  approved them. Nothing in this section shall be construed to

26  mean that a license to practice engineering shall be held by a

27  business organization corporation. Nothing herein prohibits

28  business organizations corporations and partnerships from

29  joining together to offer engineering services to the public,

30  if provided each business organization corporation or

31  partnership otherwise meets the requirements of this section.


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 1  No business organization corporation or partnership shall be

 2  relieved of responsibility for the conduct or acts of its

 3  agents, employees, or officers by reason of its compliance

 4  with this section, nor shall any individual practicing

 5  engineering be relieved of responsibility for professional

 6  services performed by reason of his or her employment or

 7  relationship with a business organization corporation or

 8  partnership.

 9         (2)  For the purposes of this section, a certificate of

10  authorization shall be required for any business organization

11  a corporation, partnership, association, or other person

12  practicing under a fictitious name, offering engineering

13  services to the public. However, when an individual is

14  practicing engineering in his or her own given name, he or she

15  shall not be required to be licensed under this section.

16         (3)  The fact that a licensed engineer practices

17  through a business organization does corporation or

18  partnership shall not relieve the licensee from personal

19  liability for negligence, misconduct, or wrongful acts

20  committed by him or her. Partnerships and all partners shall

21  be jointly and severally liable for the negligence,

22  misconduct, or wrongful acts committed by their agents,

23  employees, or partners while acting in a professional

24  capacity. Any officer, agent, or employee of a business

25  organization other than a partnership corporation shall be

26  personally liable and accountable only for negligent acts,

27  wrongful acts, or misconduct committed by him or her or

28  committed by any person under his or her direct supervision

29  and control, while rendering professional services on behalf

30  of the business organization corporation. The personal

31  liability of a shareholder or owner of a business organization


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 1  corporation, in his or her capacity as shareholder or owner,

 2  shall be no greater than that of a shareholder-employee of a

 3  corporation incorporated under chapter 607. The business

 4  organization corporation shall be liable up to the full value

 5  of its property for any negligent acts, wrongful acts, or

 6  misconduct committed by any of its officers, agents, or

 7  employees while they are engaged on its behalf of the

 8  corporation in the rendering of professional services.

 9         (4)  Each certification of authorization shall be

10  renewed every 2 years. Each business organization partnership

11  and corporation certified under this section must shall notify

12  the board within 1 month after of any change in the

13  information contained in the application upon which the

14  certification is based.

15         (5)  Disciplinary action against a business

16  organization corporation or partnership shall be administered

17  in the same manner and on the same grounds as disciplinary

18  action against a licensed engineer.

19         Section 4.  Subsection (3) of section 471.033, Florida

20  Statutes, is amended to read:

21         471.033  Disciplinary proceedings.--

22         (3)  When the board finds any person guilty of any of

23  the grounds set forth in subsection (1), it may enter an order

24  imposing one or more of the following penalties:

25         (a)  Denial of an application for licensure.

26         (b)  Revocation or suspension of a license.

27         (c)  Imposition of an administrative fine not to exceed

28  $5,000 $1,000 for each count or separate offense.

29         (d)  Issuance of a reprimand.

30  

31  


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 1         (e)  Placement of the licensee on probation for a

 2  period of time and subject to such conditions as the board may

 3  specify.

 4         (f)  Restriction of the authorized scope of practice by

 5  the licensee.

 6         (g)  Restitution.

 7         Section 5.  Section 471.038, Florida Statutes, is

 8  amended to read:

 9         471.038  Florida Engineers Management Corporation.--

10         (1)  This section may be cited as the "Florida

11  Engineers Management Corporation Act."

12         (2)  The purpose of this section is to create a

13  public-private partnership by providing that a single

14  nonprofit corporation be established to provide

15  administrative, investigative, and prosecutorial services to

16  the board and that no additional nonprofit corporation be

17  created for these purposes.

18         (3)  The Florida Engineers Management Corporation is

19  created to provide administrative, investigative, and

20  prosecutorial services to the board in accordance with the

21  provisions of chapter 455 and this chapter. The management

22  corporation may hire staff as necessary to carry out its

23  functions. Such staff are not public employees for the

24  purposes of chapter 110 or chapter 112, except that the board

25  of directors and the staff are subject to the provisions of s.

26  112.061. The provisions of s. 768.28 apply to the management

27  corporation, which is deemed to be a corporation primarily

28  acting as an instrumentality of the state, but which is not an

29  agency within the meaning of s. 20.03(11). The management

30  corporation shall:

31  


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 1         (a)  Be a Florida corporation not for profit,

 2  incorporated under the provisions of chapter 617.

 3         (b)  Provide administrative, investigative, and

 4  prosecutorial services to the board in accordance with the

 5  provisions of chapter 455, this chapter, and the contract

 6  required by this section.

 7         (c)  Receive, hold, and administer property and make

 8  only prudent expenditures directly related to the

 9  responsibilities of the board, and in accordance with the

10  contract required by this section.

11         (d)  Be approved by the board, and the department, to

12  operate for the benefit of the board and in the best interest

13  of the state.

14         (e)  Operate under a fiscal year that begins on July 1

15  of each year and ends on June 30 of the following year.

16         (f)  Have a seven-member board of directors, five of

17  whom are to be appointed by the board and must be registrants

18  regulated by the board and two of whom are to be appointed by

19  the secretary and must be laypersons not regulated by the

20  board. All initial appointments shall expire on October 31,

21  2000. Current members may be appointed to one additional term

22  that complies with the provisions of this paragraph. Two

23  members shall be appointed for 2 years, three members shall be

24  appointed for 3 years, and two members shall be appointed for

25  4 years. One layperson shall be appointed to a 3-year term and

26  one layperson shall be appointed to a 4-year term. Thereafter,

27  all appointments shall be for 4-year terms. No new member

28  shall serve more than two consecutive terms. Failure to attend

29  three consecutive meetings shall be deemed a resignation from

30  the board, and the vacancy shall be filled by a new

31  appointment.


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 1         (g)  Select its officers in accordance with its bylaws.

 2  The members of the board of directors who were appointed by

 3  the board may be removed by the board, with the concurrence of

 4  the department, for the same reasons that a board member may

 5  be removed.

 6         (h)  Select the president of the management

 7  corporation, who shall also serve as executive director to the

 8  board, subject to approval of the board.

 9         (i)(h)  Use a portion of the interest derived from the

10  management corporation account to offset the costs associated

11  with the use of credit cards for payment of fees by applicants

12  or licensees.

13         (j)(i)  Operate under a an annual written contract with

14  the department which is approved by the board. The contract

15  must provide for, but is not limited to:

16         1.  Approval of the articles of incorporation and

17  bylaws of the management corporation by the department and the

18  board.

19         1.2.  Submission by the management corporation of an

20  annual budget that complies with board rules for approval by

21  the board and the department.

22         2.3.  Annual certification by the board and the

23  department that the management corporation is complying with

24  the terms of the contract in a manner consistent with the

25  goals and purposes of the board and in the best interest of

26  the state. This certification must be reported in the board's

27  minutes. The contract must also provide for methods and

28  mechanisms to resolve any situation in which the certification

29  process determines noncompliance.

30         4.  Employment by the department of a contract

31  administrator to actively supervise the administrative,


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 1  investigative, and prosecutorial activities of the management

 2  corporation to ensure compliance with the contract and the

 3  provisions of chapter 455 and this chapter and to act as a

 4  liaison for the department, the board, and the management

 5  corporation to ensure the effective operation of the

 6  management corporation.

 7         3.5.  Funding of the management corporation through

 8  appropriations allocated to the regulation of professional

 9  engineers from the Professional Regulation Trust Fund.

10         4.6.  The reversion to the board, or the state if the

11  board ceases to exist, of moneys, records, data, and property

12  held in trust by the management corporation for the benefit of

13  the board, if the management corporation is no longer approved

14  to operate for the board or the board ceases to exist. All

15  records and data in a computerized database shall be returned

16  to the department in a form that is compatible with the

17  computerized database of the department.

18         5.7.  The securing and maintaining by the management

19  corporation, during the term of the contract and for all acts

20  performed during the term of the contract, of all liability

21  insurance coverages in an amount to be approved by the board

22  department to defend, indemnify, and hold harmless the

23  management corporation and its officers and employees, the

24  department and its employees, and the state against all claims

25  arising from state and federal laws. Such insurance coverage

26  must be with insurers qualified and doing business in the

27  state. The management corporation must provide proof of

28  insurance to the department. The department and its employees

29  and the state are exempt from and are not liable for any sum

30  of money which represents a deductible, which sums shall be

31  the sole responsibility of the management corporation.


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 1  Violation of this subparagraph shall be grounds for

 2  terminating the contract.

 3         6.8.  Payment by the management corporation, out of its

 4  allocated budget, to the department of all costs of

 5  representation by the board counsel, including salary and

 6  benefits, travel, and any other compensation traditionally

 7  paid by the department to other board counsels.

 8         7.9.  Payment by the management corporation, out of its

 9  allocated budget, to the department of all costs incurred by

10  the management corporation or the board for the Division of

11  Administrative Hearings of the Department of Management

12  Services and any other cost for utilization of these state

13  services.

14         8.10.  Payment by the management corporation, out of

15  its allocated budget, to the department of reasonable all

16  costs associated with the contract monitor administrator of

17  the department, including salary and benefits, travel, and

18  other related costs traditionally paid to state employees.

19         (k)(j)  Provide for an annual financial audit of its

20  financial accounts and records by an independent certified

21  public accountant. The annual audit report shall include a

22  management letter in accordance with s. 11.45 and a detailed

23  supplemental schedule of expenditures for each expenditure

24  category. The annual audit report must be submitted to the

25  board, the department, and the Auditor General for review.

26         (l)(k)  Provide for persons not employed by the

27  corporation who are charged with the responsibility of

28  receiving and depositing fee and fine revenues to have a

29  faithful performance bond in such an amount and according to

30  such terms as shall be determined in the contract.

31  


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 1         (m)(l)  Submit to the secretary, the board, and the

 2  Legislature, on or before October January 1 of each year, a

 3  report on the status of the corporation which includes, but is

 4  not limited to, information concerning the programs and funds

 5  that have been transferred to the corporation. The report must

 6  include: the number of license applications received; the

 7  number approved and denied and the number of licenses issued;

 8  the number of examinations administered and the number of

 9  applicants who passed or failed the examination; the number of

10  complaints received; the number determined to be legally

11  sufficient; the number dismissed; the number determined to

12  have probable cause; the number of administrative complaints

13  issued and the status of the complaints; and the number and

14  nature of disciplinary actions taken by the board.

15         (n)(m)  Develop and submit to, with the department,

16  performance standards and measurable outcomes for the board to

17  adopt by rule in order to facilitate efficient and

18  cost-effective regulation.

19         (4)  The management corporation may not exercise any

20  authority specifically assigned to the board under chapter 455

21  or this chapter, including determining probable cause to

22  pursue disciplinary action against a licensee, taking final

23  action on license applications or in disciplinary cases, or

24  adopting administrative rules under chapter 120.

25         (5)  Notwithstanding ss. 455.228 and 455.2281, the

26  duties and authority of the department to receive complaints

27  and to investigate and deter the unlicensed practice of

28  engineering are delegated to the board. The board may use

29  funds of the Board of Professional Engineers in the unlicensed

30  activity account established under s. 455.2281 to perform the

31  duties relating to unlicensed activity.


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 1         (6)(5)  The department shall retain the independent

 2  authority to open or, investigate, or prosecute any cases or

 3  complaints, as necessary to protect the public health, safety,

 4  or welfare. In addition, the department may request that the

 5  management corporation prosecute such cases and shall retain

 6  sole authority to issue emergency suspension or restriction

 7  orders pursuant to s. 120.60 and to prosecute unlicensed

 8  activity cases pursuant to ss. 455.228 and 455.2281.

 9         (7)(6)  Management corporation records are public

10  records subject to the provisions of s. 119.07(1) and s.

11  24(a), Art. I of the State Constitution; however, public

12  records exemptions set forth in ss. 455.217 and 455.229 for

13  records created or maintained by the department shall apply to

14  records created or maintained by the management corporation.

15  In addition, all meetings of the board of directors are open

16  to the public in accordance with s. 286.011 and s. 24(b), Art.

17  I of the State Constitution. The exemptions set forth in s.

18  455.225, relating to complaints and information obtained

19  pursuant to an investigation by the department, shall apply to

20  such records created or obtained by the management corporation

21  only until an investigation ceases to be active. For the

22  purposes of this subsection, an investigation is considered

23  active so long as the management corporation or any law

24  enforcement or administrative agency is proceeding with

25  reasonable dispatch and has a reasonable, good faith belief

26  that it may lead to the filing of administrative, civil, or

27  criminal proceedings. An investigation ceases to be active

28  when the case is dismissed prior to a finding of probable

29  cause and the board has not exercised its option to pursue the

30  case or 10 days after the board makes a determination

31  regarding probable cause. All information, records, and


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 1  transcriptions regarding a complaint that has been determined

 2  to be legally sufficient to state a claim within the

 3  jurisdiction of the board become available to the public when

 4  the investigation ceases to be active, except information that

 5  is otherwise confidential or exempt from s. 119.07(1).

 6  However, in response to an inquiry about the licensure status

 7  of an individual, the management corporation shall disclose

 8  the existence of an active investigation if the nature of the

 9  violation under investigation involves the potential for

10  substantial physical or financial harm to the public. The

11  board shall designate by rule those violations that involve

12  the potential for substantial physical or financial harm. The

13  department and the board shall have access to all records of

14  the management corporation, as necessary to exercise their

15  authority to approve and supervise the contract.

16         (8)(7)  The management corporation is the sole source

17  and depository for the records of the board, including all

18  historical information and records. The management corporation

19  shall maintain those records in accordance with the guidelines

20  of the Department of State and shall not destroy any records

21  prior to the limits imposed by the Department of State.

22         (9)(8)  The board shall provide by rule for the

23  procedures the management corporation must follow to ensure

24  that all licensure examinations are secure while under the

25  responsibility of the management corporation and that there is

26  an appropriate level of monitoring during the licensure

27  examinations.

28         Section 6.  This act shall take effect July 1, 2003.

29  

30  

31  


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