Florida Senate - 2022                                     SB 940
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00812A-22                                           2022940__
    1                        A bill to be entitled                      
    2         An act relating to professional structural engineers;
    3         amending s. 471.003, F.S.; prohibiting a person who is
    4         not licensed as an engineer from using a specified
    5         name or title; prohibiting, after a date certain,
    6         specified persons from using specified names and
    7         titles or practicing professional structural
    8         engineering; exempting certain persons from licensing
    9         requirements; amending s. 471.005, F.S.; providing and
   10         revising definitions; amending s. 471.013, F.S.;
   11         authorizing the Board of Professional Engineers to
   12         refuse to certify an applicant for a professional
   13         structural engineer license for certain reasons;
   14         amending s. 471.015, F.S.; providing licensure and
   15         application requirements for a professional structural
   16         engineer license; exempting certain applicants who
   17         apply for licensure before a date certain from having
   18         to pass a certain national examination, under certain
   19         conditions; requiring the board to certify certain
   20         applicants for licensure by endorsement; amending ss.
   21         471.019 and 471.025, F.S.; conforming provisions to
   22         changes made by the act; amending s. 471.031, F.S.;
   23         prohibiting certain persons from practicing
   24         professional structural engineering after a date
   25         certain; prohibiting specified persons from using
   26         specified names and titles; amending s. 471.033, F.S.;
   27         specifying acts that constitute grounds for
   28         disciplinary action, including civil penalties,
   29         against a professional structural engineer; amending
   30         ss. 471.037 and 471.0385, F.S.; conforming provisions
   31         to changes made by the act; providing an effective
   32         date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsections (1) and (2) of section 471.003,
   37  Florida Statutes, are amended to read:
   38         471.003 Qualifications for practice; exemptions.—
   39         (1)(a) No person other than a duly licensed engineer shall
   40  practice engineering or use the name or title of “licensed
   41  engineer,” “professional engineer,” or “registered engineer” or
   42  any other title, designation, words, letters, abbreviations, or
   43  device tending to indicate that such person holds an active
   44  license as an engineer in this state.
   45         (b)Effective March 1, 2024, only a person who is a duly
   46  licensed professional structural engineer shall engage in the
   47  practice of professional structural engineering or use the name
   48  or title of “licensed structural engineer,” “professional
   49  structural engineer,” or “registered structural engineer” or any
   50  other title, designation, words, letters, abbreviations, or
   51  device tending to indicate that such person holds an active
   52  license as a professional structural engineer in this state.
   53         (2) The following persons are not required to be licensed
   54  under the provisions of this chapter as a licensed engineer or a
   55  licensed professional structural engineer:
   56         (a) Any person practicing engineering for the improvement
   57  of, or otherwise affecting, property legally owned by her or
   58  him, unless such practice involves a public utility or the
   59  public health, safety, or welfare or the safety or health of
   60  employees. This paragraph may shall not be construed as
   61  authorizing the practice of engineering through an agent or
   62  employee who is not duly licensed under the provisions of this
   63  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 a
  120  professional structural engineer licensed under in accordance
  121  with this chapter.
  122         (j) Any defense, space, or aerospace company, whether a
  123  sole proprietorship, firm, limited liability company,
  124  partnership, joint venture, joint stock association,
  125  corporation, or other business entity, subsidiary, or affiliate,
  126  or any employee, contract worker, subcontractor, or independent
  127  contractor of the defense, space, or aerospace company who
  128  provides engineering for aircraft, space launch vehicles, launch
  129  services, satellites, satellite services, or other defense,
  130  space, or aerospace-related product or services, or components
  131  thereof.
  132         Section 2. Subsections (10) through (12) of section
  133  471.005, Florida Statutes, are renumbered as subsections (12)
  134  through (14), respectively, present subsection (10) is amended,
  135  and new subsections (10) and (11) are added to that section, to
  136  read:
  137         471.005 Definitions.—As used in this chapter, the term:
  138         (10)“Professional structural engineer” means a person who
  139  is licensed to engage in the practice of professional structural
  140  engineering under this chapter.
  141         (11)“Professional structural engineering” means a service
  142  or creative work that includes the structural analysis and
  143  design of structural components or systems for threshold
  144  buildings as defined in s. 553.71. The term includes engineering
  145  which requires significant structural engineering education,
  146  training, experience, and examination, as determined by the
  147  board.
  148         (12)(10) “Retired professional engineer,or “professional
  149  engineer, retired,“retired professional structural engineer,”
  150  or “professional structural engineer, retired” means a person
  151  who has been duly licensed as a professional engineer by the
  152  board and who chooses to relinquish or not to renew his or her
  153  license and applies to and is approved by the board to be
  154  granted the title “Professional Engineer, Retired” or
  155  “Professional Structural Engineer, Retired.”
  156         Section 3. Paragraph (a) of subsection (2) of section
  157  471.013, Florida Statutes, is amended to read:
  158         471.013 Examinations; prerequisites.—
  159         (2)(a) The board may refuse to certify an applicant for
  160  failure to satisfy the requirement of good moral character only
  161  if:
  162         1. There is a substantial connection between the lack of
  163  good moral character of the applicant and the professional
  164  responsibilities of a licensed engineer or licensed professional
  165  structural engineer; and
  166         2. The finding by the board of lack of good moral character
  167  is supported by clear and convincing evidence.
  168         Section 4. Subsections (3) through (7) of section 471.015,
  169  Florida Statutes, are renumbered as subsections (4) through (8),
  170  respectively, present subsection (3) is amended, and a new
  171  subsection (3) is added to that section, to read:
  172         471.015 Licensure.—
  173         (3)(a) The management corporation shall issue a
  174  professional structural engineer license to any applicant whom
  175  the board certifies as qualified to practice professional
  176  structural engineering and who meets all of the following
  177  requirements:
  178         1. Is licensed under this chapter as an engineer or is
  179  qualified for licensure as an engineer.
  180         2. Submits an application in the format prescribed by the
  181  board.
  182         3. Provides satisfactory evidence of good moral character,
  183  as defined by the board.
  184         4. Provides a record of 4 years of active structural
  185  engineering experience, as defined by the board, under the
  186  supervision of a licensed professional engineer.
  187         5. Has successfully passed the 16-hour National Council of
  188  Examiners for Engineering and Surveying Structural Engineering
  189  examination.
  190         (b) Before March 1, 2024, an applicant who satisfies the
  191  requirements of subparagraphs (a)1.-4. may satisfy subparagraph
  192  (a)5. by:
  193         1. Submitting a signed affidavit in the format prescribed
  194  by the board which states that the applicant is currently a
  195  licensed engineer in this state and has been engaged in the
  196  practice of structural engineering with a record of at least 4
  197  years of active structural engineering design experience;
  198         2. Possessing a current professional engineering license
  199  and filing the necessary documentation as required by the board,
  200  or possessing a current threshold inspector license; and
  201         3. Agreeing to meet with the board or a representative of
  202  the board, upon the board’s request, for the purpose of
  203  evaluating the applicant’s qualifications for licensure.
  204         (c) An applicant who qualifies for licensure as an engineer
  205  under s. 471.013 may simultaneously apply for licensure as a
  206  professional structural engineer if all requirements of s.
  207  471.013 and this subsection are met.
  208         (4)(3) The board shall certify as qualified for a license
  209  by endorsement an applicant who:
  210         (a) In engineering, by endorsement, an applicant who
  211  qualifies to take the fundamentals examination and the
  212  principles and practice examination as set forth in s. 471.013,
  213  has passed a United States national, regional, state, or
  214  territorial licensing examination that is substantially
  215  equivalent to the fundamentals examination and principles and
  216  practice examination required by s. 471.013, and has satisfied
  217  the experience requirements set forth in paragraph (2)(a) and s.
  218  471.013; or
  219         (b) In engineering or professional structural engineering,
  220  by endorsement, an applicant who holds a valid license to
  221  practice engineering or, for professional structural
  222  engineering, an applicant who holds a valid license to practice
  223  professional structural engineering, issued by another state or
  224  territory of the United States, if the criteria for issuance of
  225  the license were substantially the same as the licensure
  226  criteria that existed in this state at the time the license was
  227  issued; or
  228         (c) In professional structural engineering, by endorsement,
  229  an applicant who holds a valid license to practice professional
  230  structural engineering issued by another state or territory of
  231  the United States and who has successfully passed one of the
  232  following 16-hour examination combinations:
  233         1. The 8-hour National Council of Examiners for Engineering
  234  and Surveying Structural Engineering I examination and the 8
  235  hour National Council of Examiners for Engineering and Surveying
  236  Structural Engineering II examination.
  237         2. The 8-hour National Council of Examiners for Engineering
  238  and Surveying Structural Engineering II examination and either
  239  the 8-hour National Council of Examiners for Engineering and
  240  Surveying Civil: Structural examination or the 8-hour National
  241  Council of Examiners for Engineering and Surveying Architectural
  242  Engineering examination.
  243         3. The 16-hour Western States Structural Engineering
  244  examination.
  245         4. The 8-hour National Council of Examiners for Engineering
  246  and Surveying Structural Engineering II examination and either
  247  the 8-hour California Structural Engineering Seismic III
  248  examination or the 8-hour Washington Structural Engineering III
  249  examination.
  250         Section 5. Section 471.019, Florida Statutes, is amended to
  251  read:
  252         471.019 Reactivation.—The board shall establish by rule a
  253  reinstatement process for void licenses. The rule shall
  254  prescribe appropriate continuing education requirements for
  255  reactivating a license. The continuing education requirements
  256  for reactivating a license for a licensed engineer or a licensed
  257  professional structural engineer may not exceed the continuing
  258  education requirements prescribed pursuant to s. 471.017 for
  259  each year the license was inactive.
  260         Section 6. Subsection (2) of section 471.025, Florida
  261  Statutes, is amended to read:
  262         471.025 Seals.—
  263         (2) It is unlawful for any person to seal or digitally sign
  264  any document with a seal or digital signature after his or her
  265  license has expired or been revoked or suspended, unless such
  266  license is has been reinstated or reissued. When an engineer’s
  267  or a professional structural engineer’s license is has been
  268  revoked or suspended by the board, the licensee shall, within a
  269  period of 30 days after the revocation or suspension has become
  270  effective, surrender his or her seal to the executive director
  271  of the board and confirm to the executive director the
  272  cancellation of the licensee’s digital signature in accordance
  273  with ss. 668.001-668.006. In the event the engineer’s license
  274  has been suspended for a period of time, his or her seal shall
  275  be returned to him or her upon expiration of the suspension
  276  period.
  277         Section 7. Paragraphs (b) through (g) of subsection (1) of
  278  section 471.031, Florida Statutes, are redesignated as
  279  paragraphs (c) through (h), respectively, present paragraph (b)
  280  of that subsection is amended, and a new paragraph (b) is added
  281  to that subsection, to read:
  282         471.031 Prohibitions; penalties.—
  283         (1) A person may not:
  284         (b) Beginning March 1, 2024, practice professional
  285  structural engineering unless the person is licensed as a
  286  professional structural engineer or is exempt from licensure
  287  under this chapter.
  288         (c)(b)1. Except as provided in subparagraph 2. or
  289  subparagraph 3., use the name or title “professional engineer”
  290  or any other title, designation, words, letters, abbreviations,
  291  or device tending to indicate that such person holds an active
  292  license as an engineer when the person is not licensed under
  293  this chapter, including, but not limited to, the following
  294  titles: “agricultural engineer,” “air-conditioning engineer,”
  295  “architectural engineer,” “building engineer,” “chemical
  296  engineer,” “civil engineer,” “control systems engineer,”
  297  “electrical engineer,” “environmental engineer,” “fire
  298  protection engineer,” “industrial engineer,” “manufacturing
  299  engineer,” “mechanical engineer,” “metallurgical engineer,”
  300  “mining engineer,” “minerals engineer,” “marine engineer,”
  301  “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
  302  “structural engineer,” “transportation engineer,” “software
  303  engineer,” “computer hardware engineer,” or “systems engineer.”
  304         2. Any person who is exempt from licensure under s.
  305  471.003(2)(j) may use the title or personnel classification of
  306  “engineer” in the scope of his or her work under that exemption
  307  if the title does not include or connote the term “professional
  308  engineer,” “registered engineer,” “licensed engineer,”
  309  “registered professional engineer,” or “licensed professional
  310  engineer,” “licensed structural engineer,” “professional
  311  structural engineer,” or “registered structural engineer.”
  312         3. Any person who is exempt from licensure under s.
  313  471.003(2)(c) or (e) may use the title or personnel
  314  classification of “engineer” in the scope of his or her work
  315  under that exemption if the title does not include or connote
  316  the term “professional engineer,” “registered engineer,”
  317  “licensed engineer,” “registered professional engineer,” or
  318  “licensed professional engineer,“licensed structural
  319  engineer,” “professional structural engineer,” “registered
  320  structural engineer,” or “structural engineer,” and if that
  321  person is a graduate from an approved engineering curriculum of
  322  4 years or more in a school, college, or university which has
  323  been approved by the board.
  324         Section 8. Paragraphs (b) through (e) and (g) of subsection
  325  (1) and subsection (4) of section 471.033, Florida Statutes, are
  326  amended to read:
  327         471.033 Disciplinary proceedings.—
  328         (1) The following acts constitute grounds for which the
  329  disciplinary actions in subsection (3) may be taken:
  330         (b) Attempting to procure a license to practice engineering
  331  or professional structural engineering by bribery or fraudulent
  332  misrepresentations.
  333         (c) Having a license to practice engineering or
  334  professional structural engineering revoked, suspended, or
  335  otherwise acted against, including the denial of licensure, by
  336  the licensing authority of another state, territory, or country,
  337  for any act that would constitute a violation of this chapter or
  338  chapter 455.
  339         (d) Being convicted or found guilty of, or entering a plea
  340  of nolo contendere to, regardless of adjudication, a crime in
  341  any jurisdiction which directly relates to the practice of
  342  engineering, professional structural engineering, or the ability
  343  to practice engineering or professional structural engineering.
  344         (e) Making or filing a report or record that the licensee
  345  knows to be false, willfully failing to file a report or record
  346  required by state or federal law, willfully impeding or
  347  obstructing such filing, or inducing another person to impede or
  348  obstruct such filing. Such reports or records include only those
  349  that are signed in the capacity of a licensed engineer or
  350  licensed professional structural engineer.
  351         (g) Engaging in fraud or deceit, negligence, incompetence,
  352  or misconduct, in the practice of engineering or professional
  353  structural engineering.
  354         (4) The management corporation shall reissue the license of
  355  a disciplined engineer, professional structural engineer, or
  356  business upon certification by the board that the disciplined
  357  person has complied with all of the terms and conditions set
  358  forth in the final order.
  359         Section 9. Subsection (1) of section 471.037, Florida
  360  Statutes, is amended to read:
  361         471.037 Effect of chapter locally.—
  362         (1) Nothing contained in this chapter shall be construed to
  363  repeal, amend, limit, or otherwise affect any local building
  364  code or zoning law or ordinance, now or hereafter enacted, which
  365  is more restrictive with respect to the services of licensed
  366  engineers or licensed professional structural engineers than the
  367  provisions of this chapter.
  368         Section 10. Subsection (3) of section 471.0385, Florida
  369  Statutes, is amended to read:
  370         471.0385 Court action; effect.—If any provision of s.
  371  471.038 is held to be unconstitutional or is held to violate the
  372  state or federal antitrust laws, the following shall occur:
  373         (3) The Executive Office of the Governor, notwithstanding
  374  chapter 216, is authorized to reestablish positions, budget
  375  authority, and salary rate necessary to carry out the
  376  department’s responsibilities related to the regulation of
  377  professional engineers and professional structural engineers.
  378         Section 11. This act shall take effect July 1, 2022.