Bill Text: FL S1214 | 2020 | Regular Session | Comm Sub
Bill Title: Engineers
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S1214 Detail]
Download: Florida-2020-S1214-Comm_Sub.html
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 230by 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;or240 (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 ishas beenreinstated or reissued. When an engineer’s 288 or professional structural engineer’s license ishas been289 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 engineeror “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 whichthatare 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.