Florida Senate - 2020                                    SB 1214
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00790B-20                                          20201214__
    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 structural
    6         engineer from using specified names and titles or
    7         practicing structural engineering, after a specified
    8         date; exempting certain persons from licensing
    9         requirements; amending s. 471.005, F.S.; defining
   10         terms; revising definitions; amending s. 471.011,
   11         F.S.; authorizing the Board of Professional Engineers
   12         to establish fees relating to structural engineering
   13         licensing; amending s. 471.013, F.S.; authorizing the
   14         board to refuse to certify an applicant for a
   15         structural engineering license for certain reasons;
   16         amending s. 471.015, F.S.; providing licensure and
   17         application requirements for a structural engineer
   18         license; exempting a structural engineer who applies
   19         for licensure before a specified date from passage of
   20         a certain national examination, under certain
   21         conditions; requiring the board to certify certain
   22         applicants for licensure by endorsement; amending ss.
   23         471.019 and 471.025, F.S.; conforming provisions to
   24         changes made by the act; amending s. 471.031, F.S.;
   25         prohibiting certain persons from practicing structural
   26         engineering after a specified date; prohibiting
   27         specified persons from using specified names and
   28         titles; amending s. 471.033, F.S.; providing acts that
   29         constitute grounds for disciplinary action, including
   30         civil penalties, against a structural engineer;
   31         amending ss. 471.037 and 471.0385, F.S.; conforming
   32         provisions to changes made by the act; providing an
   33         effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsections (1) and (2) of section 471.003,
   38  Florida Statutes, are amended to read:
   39         471.003 Qualifications for practice; exemptions.—
   40         (1)(a) No person other than a duly licensed engineer shall
   41  practice engineering or use the name or title of “licensed
   42  engineer,” “professional engineer,” or “registered engineer” or
   43  any other title, designation, words, letters, abbreviations, or
   44  device tending to indicate that such person holds an active
   45  license as an engineer in this state.
   46         (b) Effective March 1, 2022, no person other than a duly
   47  licensed structural engineer shall engage in the practice of
   48  structural engineering or use the name or title of “licensed
   49  structural engineer,” “professional structural engineer,” or
   50  “registered structural engineer” or any other title,
   51  designation, words, letters, abbreviations, or device tending to
   52  indicate that such person holds an active license as a
   53  structural engineer in this state.
   54         (2) The following persons are not required to be licensed
   55  under the provisions of this chapter as a licensed engineer or a
   56  licensed structural engineer:
   57         (a) Any person practicing engineering for the improvement
   58  of, or otherwise affecting, property legally owned by her or
   59  him, unless such practice involves a public utility or the
   60  public health, safety, or welfare or the safety or health of
   61  employees. This paragraph shall not be construed as authorizing
   62  the practice of engineering through an agent or employee who is
   63  not duly licensed under the provisions of this chapter.
   64         (b)1. A person acting as a public officer employed by any
   65  state, county, municipal, or other governmental unit of this
   66  state when working on any project the total estimated cost of
   67  which is $10,000 or less.
   68         2. Persons who are employees of any state, county,
   69  municipal, or other governmental unit of this state and who are
   70  the subordinates of a person in responsible charge licensed
   71  under this chapter, to the extent that the supervision meets
   72  standards adopted by rule of the board.
   73         (c) Regular full-time employees of a corporation not
   74  engaged in the practice of engineering as such, whose practice
   75  of engineering for such corporation is limited to the design or
   76  fabrication of manufactured products and servicing of such
   77  products.
   78         (d) Regular full-time employees of a public utility or
   79  other entity subject to regulation by the Florida Public Service
   80  Commission, Federal Energy Regulatory Commission, or Federal
   81  Communications Commission.
   82         (e) Employees of a firm, corporation, or partnership who
   83  are the subordinates of a person in responsible charge, licensed
   84  under this chapter.
   85         (f) Any person as contractor in the execution of work
   86  designed by a professional engineer or a professional structural
   87  engineer or in the supervision of the construction of work as a
   88  foreman or superintendent.
   89         (g) A licensed surveyor and mapper who takes, or contracts
   90  for, professional engineering services incidental to her or his
   91  practice of surveying and mapping and who delegates such
   92  engineering services to a licensed professional engineer
   93  qualified within her or his firm or contracts for such
   94  professional engineering services to be performed by others who
   95  are licensed professional engineers under the provisions of this
   96  chapter.
   97         (h) Any electrical, plumbing, air-conditioning, or
   98  mechanical contractor whose practice includes the design and
   99  fabrication of electrical, plumbing, air-conditioning, or
  100  mechanical systems, respectively, which she or he installs by
  101  virtue of a license issued under chapter 489, under former part
  102  I of chapter 553, Florida Statutes 2001, or under any special
  103  act or ordinance when working on any construction project which:
  104         1. Requires an electrical or plumbing or air-conditioning
  105  and refrigeration system with a value of $125,000 or less; and
  106         2.a. Requires an aggregate service capacity of 600 amperes
  107  (240 volts) or less on a residential electrical system or 800
  108  amperes (240 volts) or less on a commercial or industrial
  109  electrical system;
  110         b. Requires a plumbing system with fewer than 250 fixture
  111  units; or
  112         c. Requires a heating, ventilation, and air-conditioning
  113  system not to exceed a 15-ton-per-system capacity, or if the
  114  project is designed to accommodate 100 or fewer persons.
  115         (i) Any general contractor, certified or registered
  116  pursuant to the provisions of chapter 489, when negotiating or
  117  performing services under a design-build contract as long as the
  118  engineering services offered or rendered in connection with the
  119  contract are offered and rendered by an engineer or structural
  120  engineer licensed in accordance with this chapter.
  121         (j) Any defense, space, or aerospace company, whether a
  122  sole proprietorship, firm, limited liability company,
  123  partnership, joint venture, joint stock association,
  124  corporation, or other business entity, subsidiary, or affiliate,
  125  or any employee, contract worker, subcontractor, or independent
  126  contractor of the defense, space, or aerospace company who
  127  provides engineering for aircraft, space launch vehicles, launch
  128  services, satellites, satellite services, or other defense,
  129  space, or aerospace-related product or services, or components
  130  thereof.
  131         Section 2. Present subsections (9) through (12) of section
  132  471.005, Florida Statutes, are redesignated as subsections (11)
  133  through (14), respectively, new subsections (9) and (10) are
  134  added to that section, and present subsection (10) of that
  135  section is amended, to read:
  136         471.005 Definitions.—As used in this chapter, the term:
  137         (9)“Licensed structural engineer” includes the terms
  138  “professional structural engineer” and “registered structural
  139  engineer” and means a person who is licensed or registered to
  140  engage in the practice of structural engineering under this
  141  chapter.
  142         (10)“Structural engineering” means a service or creative
  143  work that includes the structural analysis and design of
  144  structural components or systems for threshold buildings as
  145  defined in s. 553.71. The term includes engineering, as defined
  146  in subsection (7), which requires significant structural
  147  engineering education, training, experience, and examination, as
  148  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 structural
  169  engineers.
  170         (6) The fee for a temporary registration or certificate to
  171  practice engineering or structural engineering shall not exceed
  172  $25 for an individual or $50 for a business firm.
  173         Section 4. Paragraph (a) of subsection (2) of section
  174  471.013, Florida Statutes, is amended to read:
  175         471.013 Examinations; prerequisites.—
  176         (2)(a) The board may refuse to certify an applicant for
  177  failure to satisfy the requirement of good moral character only
  178  if:
  179         1. There is a substantial connection between the lack of
  180  good moral character of the applicant and the professional
  181  responsibilities of a licensed engineer or licensed structural
  182  engineer; and
  183         2. The finding by the board of lack of good moral character
  184  is supported by clear and convincing evidence.
  185         Section 5. Present subsections (3) through (7) of section
  186  471.015, Florida Statutes, are redesignated as subsections (4)
  187  through (8), respectively, a new subsection (3) is added to that
  188  section, and present subsection (3) of that section is amended,
  189  to read:
  190         471.015 Licensure.—
  191         (3)(a) The management corporation shall issue a structural
  192  engineer license to any applicant who the board certifies as
  193  qualified to practice structural engineering and who meets all
  194  of the following requirements:
  195         1. Is licensed under this chapter as an engineer or is
  196  qualified for licensure as an engineer.
  197         2. Submits an application in the format prescribed by the
  198  board.
  199         3. Pays a fee established by the board under s. 471.011.
  200         4. Provides satisfactory evidence of good moral character,
  201  as defined by the board.
  202         5. Provides a record of 4 years of active structural
  203  engineering experience, as defined by the board, under the
  204  supervision of a licensed professional engineer.
  205         6. Has successfully passed the 16-hour National Council of
  206  Examiners for Engineering and Surveying Structural Engineering
  207  examination.
  208         (b) Before March 1, 2022, an applicant who satisfies the
  209  requirements of subparagraphs (a)1.-4. may satisfy subparagraphs
  210  (a)5. and 6. by:
  211         1. Submitting a signed affidavit in the format prescribed
  212  by the board which states that the applicant is currently a
  213  licensed engineer in this state and has been engaged in the
  214  practice of structural engineering with a record of at least 4
  215  years of active structural engineering design experience;
  216         2. Possessing a current professional engineering license
  217  and filing the necessary documentation as required by the board,
  218  or possessing a current threshold inspector license; and
  219         3.Agreeing to meet with the board or a representative of
  220  the board, upon the board’s request, for the purpose of
  221  evaluating the applicant’s qualifications for licensure.
  222         (c)An applicant who is qualified for licensure as an
  223  engineer under s. 471.013 may simultaneously apply for licensure
  224  as a structural engineer if all requirements of s. 471.013 and
  225  this subsection are met.
  226         (4)(3) The board shall certify as qualified for a license
  227  by endorsement an applicant who:
  228         (a) In engineering, by endorsement, an applicant who
  229  qualifies to take the fundamentals examination and the
  230  principles and practice examination as set forth in s. 471.013,
  231  has passed a United States national, regional, state, or
  232  territorial licensing examination that is substantially
  233  equivalent to the fundamentals examination and principles and
  234  practice examination required by s. 471.013, and has satisfied
  235  the experience requirements set forth in paragraph (2)(a) and s.
  236  471.013; or
  237         (b) In engineering or structural engineering, by
  238  endorsement, an applicant who holds a valid license to practice
  239  engineering, or, for structural engineering, an applicant who
  240  holds a valid license to practice structural engineering, issued
  241  by another state or territory of the United States, if the
  242  criteria for issuance of the license were substantially the same
  243  as the licensure criteria that existed in this state at the time
  244  the license was issued; or
  245         (c) In structural engineering, by endorsement, an applicant
  246  who holds a valid license to practice structural engineering
  247  issued by another state or territory of the United States and
  248  who has successfully passed one of the following 16-hour
  249  examination combinations:
  250         1. The 8-hour National Council of Examiners for Engineering
  251  and Surveying Structural Engineering I examination and the 8
  252  hour National Council of Examiners for Engineering and Surveying
  253  Structural Engineering II examination.
  254         2.The 8-hour National Council of Examiners for Engineering
  255  and Surveying Structural Engineering II examination and either
  256  the 8-hour National Council of Examiners for Engineering and
  257  Surveying Civil: Structural examination or the 8-hour National
  258  Council of Examiners for Engineering and Surveying Architectural
  259  Engineering examination.
  260         3.The 16-hour Western States Structural Engineering
  261  examination.
  262         4.The 8-hour National Council of Examiners for Engineering
  263  and Surveying Structural Engineering II examination and either
  264  the 8-hour California Structural Engineering Seismic III
  265  examination or the 8-hour Washington Structural Engineering III
  266  examination.
  267         Section 6. Section 471.019, Florida Statutes, is amended to
  268  read:
  269         471.019 Reactivation.—The board shall establish by rule a
  270  reinstatement process for void licenses. The rule shall
  271  prescribe appropriate continuing education requirements for
  272  reactivating a license. The continuing education requirements
  273  for reactivating a license for a licensed engineer or a licensed
  274  structural engineer may not exceed the continuing education
  275  requirements prescribed pursuant to s. 471.017 for each year the
  276  license was inactive.
  277         Section 7. Subsection (2) of section 471.025, Florida
  278  Statutes, is amended to read:
  279         471.025 Seals.—
  280         (2) It is unlawful for any person to seal or digitally sign
  281  any document with a seal or digital signature after his or her
  282  license has expired or been revoked or suspended, unless such
  283  license is has been reinstated or reissued. When an engineer’s
  284  or structural engineer’s license is has been revoked or
  285  suspended by the board, the licensee shall, within a period of
  286  30 days after the revocation or suspension has become effective,
  287  surrender his or her seal to the executive director of the board
  288  and confirm to the executive director the cancellation of the
  289  licensee’s digital signature in accordance with ss. 668.001
  290  668.006. In the event the engineer’s license has been suspended
  291  for a period of time, his or her seal shall be returned to him
  292  or her upon expiration of the suspension period.
  293         Section 8. Present paragraphs (b) through (g) of subsection
  294  (1) of section 471.031, Florida Statutes, are redesignated as
  295  paragraphs (c) through (h), respectively, a new paragraph (b) is
  296  added to that subsection, and present paragraph (b) of that
  297  subsection is amended, to read:
  298         471.031 Prohibitions; penalties.—
  299         (1) A person may not:
  300         (b) Beginning March 1, 2022, practice structural
  301  engineering unless the person is licensed as a structural
  302  engineer or exempt from licensure under this chapter.
  303         (c)(b)1. Except as provided in subparagraph 2. or
  304  subparagraph 3., use the name or title “professional engineer”
  305  or any other title, designation, words, letters, abbreviations,
  306  or device tending to indicate that such person holds an active
  307  license as an engineer when the person is not licensed under
  308  this chapter, including, but not limited to, the following
  309  titles: “agricultural engineer,” “air-conditioning engineer,”
  310  “architectural engineer,” “building engineer,” “chemical
  311  engineer,” “civil engineer,” “control systems engineer,”
  312  “electrical engineer,” “environmental engineer,” “fire
  313  protection engineer,” “industrial engineer,” “manufacturing
  314  engineer,” “mechanical engineer,” “metallurgical engineer,”
  315  “mining engineer,” “minerals engineer,” “marine engineer,”
  316  “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
  317  “structural engineer,” “transportation engineer,” “software
  318  engineer,” “computer hardware engineer,” or “systems engineer.”
  319         2. Any person who is exempt from licensure under s.
  320  471.003(2)(j) may use the title or personnel classification of
  321  “engineer” in the scope of his or her work under that exemption
  322  if the title does not include or connote the term “licensed
  323  engineer,” “professional engineer,” “registered engineer,”
  324  “licensed professional engineer,” “licensed engineer,”
  325  “registered professional engineer,” “licensed structural
  326  engineer,” “professional structural engineer,” or “registered
  327  structural engineer or “licensed professional engineer.”
  328         3. Any person who is exempt from licensure under s.
  329  471.003(2)(c) or (e) may use the title or personnel
  330  classification of “engineer” in the scope of his or her work
  331  under that exemption if the title does not include or connote
  332  the term “licensed engineer,” “professional engineer,”
  333  “registered engineer,” “licensed professional engineer,”
  334  “licensed engineer,” “registered professional engineer,”
  335  “licensed structural engineer,” “professional structural
  336  engineer,” “registered structural engineer,” or “structural
  337  engineer,” or “licensed professional engineer” and if that
  338  person is a graduate from an approved engineering curriculum of
  339  4 years or more in a school, college, or university which has
  340  been approved by the board.
  341         Section 9. Paragraphs (b) through (e) and (g) of subsection
  342  (1) and subsection (4) of section 471.033, Florida Statutes, are
  343  amended to read:
  344         471.033 Disciplinary proceedings.—
  345         (1) The following acts constitute grounds for which the
  346  disciplinary actions in subsection (3) may be taken:
  347         (b) Attempting to procure a license to practice engineering
  348  or structural engineering by bribery or fraudulent
  349  misrepresentations.
  350         (c) Having a license to practice engineering or structural
  351  engineering revoked, suspended, or otherwise acted against,
  352  including the denial of licensure, by the licensing authority of
  353  another state, territory, or country, for any act that would
  354  constitute a violation of this chapter or chapter 455.
  355         (d) Being convicted or found guilty of, or entering a plea
  356  of nolo contendere to, regardless of adjudication, a crime in
  357  any jurisdiction which directly relates to the practice of
  358  engineering, structural engineering, or the ability to practice
  359  engineering or structural engineering.
  360         (e) Making or filing a report or record that the licensee
  361  knows to be false, willfully failing to file a report or record
  362  required by state or federal law, willfully impeding or
  363  obstructing such filing, or inducing another person to impede or
  364  obstruct such filing. Such reports or records include only those
  365  which that are signed in the capacity of a licensed engineer or
  366  licensed structural engineer.
  367         (g) Engaging in fraud or deceit, negligence, incompetence,
  368  or misconduct, in the practice of engineering or structural
  369  engineering.
  370         (4) The management corporation shall reissue the license of
  371  a disciplined engineer, structural engineer, or business upon
  372  certification by the board that the disciplined person has
  373  complied with all of the terms and conditions set forth in the
  374  final order.
  375         Section 10. Subsection (1) of section 471.037, Florida
  376  Statutes, is amended to read:
  377         471.037 Effect of chapter locally.—
  378         (1) Nothing contained in this chapter shall be construed to
  379  repeal, amend, limit, or otherwise affect any local building
  380  code or zoning law or ordinance, now or hereafter enacted, which
  381  is more restrictive with respect to the services of licensed
  382  engineers or structural engineers than the provisions of this
  383  chapter.
  384         Section 11. Subsection (3) of section 471.0385, Florida
  385  Statutes, is amended to read:
  386         471.0385 Court action; effect.—If any provision of s.
  387  471.038 is held to be unconstitutional or is held to violate the
  388  state or federal antitrust laws, the following shall occur:
  389         (3) The Executive Office of the Governor, notwithstanding
  390  chapter 216, is authorized to reestablish positions, budget
  391  authority, and salary rate necessary to carry out the
  392  department’s responsibilities related to the regulation of
  393  professional engineers and professional structural engineers.
  394         Section 12. This act shall take effect July 1, 2020.