HB 1049 2003
1	A bill to be entitled
2	An act relating to engineering; amending ss. 471.013 and
3	471.015, F.S.; revising provisions relating to the
4	examinations required to practice in this state as an
5	engineer; amending s. 471.023, F.S.; requiring
6	certification of any business organization offering
7	engineering services to the public; amending s. 471.033,
8	F.S.; revising provisions relating to disciplinary
9	penalties to increase the administrative fine and
10	authorize the imposition of restitution; amending s.
11	471.038, F.S.; declaring the Board of Professional
12	Engineers and the Florida Engineers Management Corporation
13	a separate budget entity independent of the Department of
14	Business and Professional Regulation; delegating certain
15	duties of the department to the board; requiring the board
16	to contract with the management corporation to provide
17	certain services; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Subsection (1) of section 471.013, Florida
22	Statutes, is amended to read:
23	471.013 Examinations; prerequisites.--
24	(1)(a) A person shall be entitled to take an examination
25	for the purpose of determining whether she or he is qualified to
26	practice in this state as an engineer if the person is of good
27	moral character and:
28	1. Is a graduate from an approved engineering curriculum
29	of 4 years or more in a school, college, or university which has
30	been approved by the board and has a record of 4 years of active
31	engineering experience of a character indicating competence to
32	be in responsible charge of engineering;
33	2. Is a graduate of an approved engineering technology
34	curriculum of 4 years or more in a school, college, or
35	university within the State University System, having been
36	enrolled or having graduated prior to July 1, 1979, and has a
37	record of 4 years of active engineering experience of a
38	character indicating competence to be in responsible charge of
39	engineering; or
40	3. Has, in lieu of such education and experience
41	requirements, 10 years or more of active engineering work of a
42	character indicating that the applicant is competent to be
43	placed in responsible charge of engineering. However, this
44	subparagraph does not apply unless such person notifies the
45	department before July 1, 1984, that she or he was engaged in
46	such work on July 1, 1981.
47
48	The board shall adopt rules providing for the review and
49	approval of schools or colleges and the courses of study in
50	engineering in such schools and colleges. The rules shall be
51	based on the educational requirements for engineering as defined
52	in s. 471.005. The board may adopt rules providing for the
53	acceptance of the approval and accreditation of schools and
54	courses of study by a nationally accepted accreditation
55	organization.
56	(b) A person shall be entitled to take the fundamentalsan
57	examination for the purpose of determining whether she or he is
58	qualified to practice in this state as an engineer intern if she
59	or he is in the final year of, or is a graduate of, an approved
60	engineering curriculum in a school, college, or university
61	approved by the board.
62	(c) A person shall not be entitled to take the principles
63	and practice part of theexamination until that person has
64	successfully completed the fundamentals examination.
65	(d) On or after October 1, 1992, every applicant who is
66	qualified to take either the fundamentals examination or the
67	principles and practiceany part of theexamination shall be
68	allowed to take either examinationany one partfive times,
69	notwithstanding the number of times that either examinationpart
70	has been previously failed. If an applicant fails eitherany
71	part of the examination taken after October 1, 1992,five times,
72	the board shall require the applicant to complete additional
73	college-level education courses in the areas of deficiency, as
74	determined by the board, as a condition of future eligibility to
75	take thattheexamination.
76	Section 2. Subsections (1), (3), and (5) of section
77	471.015, Florida Statutes, are amended to read:
78	471.015 Licensure.--
79	(1) The management corporation shall issue a license to
80	any applicant who the board certifies is qualified to practice
81	engineering and who has passed the fundamentals examination and
82	the principles and practicelicensingexamination.
83	(3) The board shall certify as qualified for a license by
84	endorsement an applicant who:
85	(a) Qualifies to take the fundamentals examination and the
86	principles and practiceexamination as set forth in s. 471.013,
87	has passed a United States national, regional, state, or
88	territorial licensing examination that is substantially
89	equivalent to the fundamentals examination and the principles
90	and practiceexamination required by s. 471.013, and has
91	satisfied the experience requirements set forth in s. 471.013;
92	or
93	(b) Holds a valid license to practice engineering issued
94	by another state or territory of the United States, if the
95	criteria for issuance of the license were substantially the same
96	as the licensure criteria that existed in this state at the time
97	the license was issued.
98	(5)(a) The board shall deem that an applicant who seeks
99	licensure by endorsement has passed an examination substantially
100	equivalent to part I of the fundamentalsengineeringexamination
101	when such applicant:
102	1. Has held a valid professional engineer's license in
103	another state for 15 years and has had 20 years of continuous
104	professional-level engineering experience;
105	2. Has received a doctorate degree in engineering from an
106	institution that has an undergraduate engineering degree program
107	which is accredited by the Accreditation Board for Engineering
108	Technology; or
109	3. Has received a doctorate degree in engineering and has
110	taught engineering full time for at least 3 years, at the
111	baccalaureate level or higher, after receiving that degree.
112	(b) The board shall deem that an applicant who seeks
113	licensure by endorsement has passed an examination substantially
114	equivalent to the fundamentals examination and the principles
115	and practicepart I and part II of the engineeringexamination
116	when such applicant has held a valid professional engineer's
117	license in another state for 25 years and has had 30 years of
118	continuous professional-level engineering experience.
119	Section 3. Section 471.023, Florida Statutes, is amended
120	to read:
121	471.023 Certification of business organizations
122	partnerships and corporations.--
123	(1) The practice of, or the offer to practice, engineering
124	by licensees through a business organization, including any
125	partnership, corporation, business trust, or other legal entity,
126	corporation or partnershipoffering engineering services to the
127	public or by a business organization, including any partnership,
128	corporation, business trust, or other legal entity,corporation
129	or partnershipoffering said services to the public through
130	licensees under this chapter as agents, employees, officers, or
131	partners is permitted only if the business organizationfirm
132	possesses a certification issued by the management corporation
133	pursuant to qualification by the board, subject to the
134	provisions of this chapter. One or more of the principal
135	officers of the business organizationcorporationor one or more
136	partners, if the business organization is aof the partnership,
137	and all personnel of the business organizationcorporation or
138	partnershipwho act in its behalf as engineers in this state
139	shall be licensed as provided by this chapter. All final
140	drawings, specifications, plans, reports, or documents involving
141	practices licensed under this chapter which are prepared or
142	approved for the use of the business organizationcorporation or
143	partnershipor for public record within the state shall be dated
144	and shall bear the signature and seal of the licensee who
145	prepared or approved them. Nothing in this section shall be
146	construed to mean that a license to practice engineering shall
147	be held by a business organizationcorporation. Nothing herein
148	prohibits business organizationscorporations and partnerships
149	from joining together to offer engineering services to the
150	public, provided each business organizationcorporation or
151	partnership otherwise meets the requirements of this section. No
152	business organizationcorporation or partnershipshall be
153	relieved of responsibility for the conduct or acts of its
154	agents, employees, or officers by reason of its compliance with
155	this section, nor shall any individual practicing engineering be
156	relieved of responsibility for professional services performed
157	by reason of his or her employment or relationship with a
158	business organizationcorporation or partnership.
159	(2) For the purposes of this section, a certificate of
160	authorization shall be required for a business organization
161	corporation, partnership, association,or person practicing
162	under a fictitious name, offering engineering services to the
163	public. However, when an individual is practicing engineering in
164	his or her own given name, he or she shall not be required to be
165	licensed under this section.
166	(3) The fact that a licensed engineer practices through a
167	business organizationcorporation or partnershipshall not
168	relieve the licensee from personal liability for negligence,
169	misconduct, or wrongful acts committed by him or her.
170	Partnerships and all partners shall be jointly and severally
171	liable for the negligence, misconduct, or wrongful acts
172	committed by their agents, employees, or partners while acting
173	in a professional capacity. Any officer, agent, or employee of a
174	business organization other than a partnershipcorporationshall
175	be personally liable and accountable only for negligent acts,
176	wrongful acts, or misconduct committed by him or her or
177	committed by any person under his or her direct supervision and
178	control, while rendering professional services on behalf of the
179	business organizationcorporation. The personal liability of a
180	shareholder or owner of a business organizationcorporation, in
181	his or her capacity as shareholder or owner, shall be no greater
182	than that of a shareholder-employee of a corporation
183	incorporated under chapter 607. The business organization
184	corporationshall be liable up to the full value of its property
185	for any negligent acts, wrongful acts, or misconduct committed
186	by any of its officers, agents, or employees while they are
187	engaged on behalf of the business organizationcorporationin
188	the rendering of professional services.
189	(4) Each certification of authorization shall be renewed
190	every 2 years. Each business organizationpartnership and
191	corporationcertified under this section shall notify the board
192	within 1 month of any change in the information contained in the
193	application upon which the certification is based.
194	(5) Disciplinary action against a business organization
195	corporation or partnershipshall be administered in the same
196	manner and on the same grounds as disciplinary action against a
197	licensed engineer.
198	Section 4. Section 471.033, Florida Statutes, is amended
199	to read:
200	471.033 Disciplinary proceedings.--
201	(1) The following acts constitute grounds for which the
202	disciplinary actions in subsection (3) may be taken:
203	(a) Violating any provision of s. 455.227(1), s. 471.025,
204	or s. 471.031, or any other provision of this chapter or rule of
205	the board or department.
206	(b) Attempting to procure a license to practice
207	engineering by bribery or fraudulent misrepresentations.
208	(c) Having a license to practice engineering revoked,
209	suspended, or otherwise acted against, including the denial of
210	licensure, by the licensing authority of another state,
211	territory, or country, for any act that would constitute a
212	violation of this chapter or chapter 455.
213	(d) Being convicted or found guilty of, or entering a plea
214	of nolo contendere to, regardless of adjudication, a crime in
215	any jurisdiction which directly relates to the practice of
216	engineering or the ability to practice engineering.
217	(e) Making or filing a report or record that the licensee
218	knows to be false, willfully failing to file a report or record
219	required by state or federal law, willfully impeding or
220	obstructing such filing, or inducing another person to impede or
221	obstruct such filing. Such reports or records include only those
222	that are signed in the capacity of a licensed engineer.
223	(f) Advertising goods or services in a manner that is
224	fraudulent, false, deceptive, or misleading in form or content.
225	(g) Engaging in fraud or deceit, negligence, incompetence,
226	or misconduct, in the practice of engineering.
227	(h) Violating chapter 455.
228	(i) Practicing on a revoked, suspended, inactive, or
229	delinquent license.
230	(j) Affixing or permitting to be affixed his or her seal,
231	name, or digital signature to any final drawings,
232	specifications, plans, reports, or documents that were not
233	prepared by him or her or under his or her responsible
234	supervision, direction, or control.
235	(k) Violating any order of the board or department
236	previously entered in a disciplinary hearing.
237	(2) The board shall specify, by rule, what acts or
238	omissions constitute a violation of subsection (1).
239	(3) When the board finds any person guilty of any of the
240	grounds set forth in subsection (1), it may enter an order
241	imposing one or more of the following penalties:
242	(a) Denial of an application for licensure.
243	(b) Revocation or suspension of a license.
244	(c) Imposition of an administrative fine not to exceed
245	$5,000$1,000for each count or separate offense.
246	(d) Issuance of a reprimand.
247	(e) Placement of the licensee on probation for a period of
248	time and subject to such conditions as the board may specify.
249	(f) Restriction of the authorized scope of practice by the
250	licensee.
251	(g) Restitution.
252	(4) The management corporation shall reissue the license
253	of a disciplined engineer or business upon certification by the
254	board that the disciplined person has complied with all of the
255	terms and conditions set forth in the final order.
256	Section 5. Section 471.038, Florida Statutes, is amended
257	to read:
258	471.038 Florida Engineers Management Corporation.--
259	(1) This section may be cited as the "Florida Engineers
260	Management Corporation Act."
261	(2) The purpose of this section is to create a public-
262	private partnership by providing that a single nonprofit
263	corporation be established to provide administrative,
264	investigative, and prosecutorial services to the board and that
265	no additional nonprofit corporation be created for these
266	purposes.
267	(3) The Florida Engineers Management Corporation is
268	created to provide administrative, investigative, and
269	prosecutorial services to the board in accordance with the
270	provisions of chapter 455 and this chapter. The management
271	corporation may hire staff as necessary to carry out its
272	functions. Such staff are not public employees for the purposes
273	of chapter 110 or chapter 112, except that the board of
274	directors and the staff are subject to the provisions of s.
275	112.061. The provisions of s. 768.28 apply to the management
276	corporation, which is deemed to be a corporation primarily
277	acting as an instrumentality of the state, but which is not an
278	agency within the meaning of s. 20.03(11). The management
279	corporation shall:
280	(a) Be a Florida corporation not for profit, incorporated
281	under the provisions of chapter 617.
282	(b) Provide administrative, investigative, and
283	prosecutorial services to the board in accordance with the
284	provisions of chapter 455, this chapter, and the contract
285	required by this section.
286	(c) Receive, hold, and administer property and make only
287	prudent expenditures directly related to the responsibilities of
288	the board, and in accordance with the contract required by this
289	section.
290	(d) Be approved by the board and the departmentto operate
291	for the benefit of the board and in the best interest of the
292	state.
293	(e) Operate under a fiscal year that begins on July 1 of
294	each year and ends on June 30 of the following year.
295	(f) Have a seven-member board of directors, five of whom
296	are to be appointed by the board and must be registrants
297	regulated by the board and two of whom are to be appointed by
298	the secretary and must be laypersons not regulated by the board.
299	All initial appointments shall expire on October 31, 2000.
300	Current members may be appointed to one additional term that
301	complies with the provisions of this paragraph. Two members
302	shall be appointed for 2 years, three members shall be appointed
303	for 3 years, and two members shall be appointed for 4 years. One
304	layperson shall be appointed to a 3-year term and one layperson
305	shall be appointed to a 4-year term. Thereafter,All
306	appointments shall be for 4-year terms. No newmember shall
307	serve more than two consecutive terms. Failure to attend three
308	consecutive meetings shall be deemed a resignation from the
309	board, and the vacancy shall be filled by a new appointment.
310	(g) Select its officers in accordance with its bylaws. The
311	members of the board of directors may be removed by the board,
312	with the concurrence of the department,for the same reasons
313	that a board member may be removed.
314	(h) Use a portion of the interest derived from the
315	management corporation account to offset the costs associated
316	with the use of credit cards for payment of fees by applicants
317	or licensees.
318	(i) Operate under an annual written contract with the
319	department which is approved by theboard. The contract must
320	provide for, but is not limited to:
321	1. Approval of the articles of incorporation and bylaws of
322	the management corporation by the department and theboard.
323	2. Submission by the management corporation of an annual
324	budget that complies with board rules for approval by the board
325	and the department.
326	3. Annual certification by the board and the department
327	that the management corporation is complying with the terms of
328	the contract in a manner consistent with the goals and purposes
329	of the board and in the best interest of the state. This
330	certification must be reported in the board's minutes. The
331	contract must also provide for methods and mechanisms to resolve
332	any situation in which the certification process determines
333	noncompliance.
334	4. Employment by the department of a contract
335	administrator to actively supervise the administrative,
336	investigative, and prosecutorial activities of the management
337	corporation to ensure compliance with the contract and the
338	provisions of chapter 455 and this chapter and to act as a
339	liaison for the department, the board, and the management
340	corporation to ensure the effective operation of the management
341	corporation.
342	4.5.Funding of the management corporation through
343	appropriations allocated to the regulation of professional
344	engineers from the Professional Regulation Trust Fund.
345	5.6.The reversion to the board, or the state if the board
346	ceases to exist, of moneys, records, data, and property held in
347	trust by the management corporation for the benefit of the
348	board, if the management corporation is no longer approved to
349	operate for the board or the board ceases to exist. All records
350	and data in a computerized database shall be returned to the
351	department in a form that is compatible with the computerized
352	database of the department.
353	6.7.The securing and maintaining by the management
354	corporation, during the term of the contract and for all acts
355	performed during the term of the contract, of all liability
356	insurance coverages in an amount to be approved by the board
357	departmentto defend, indemnify, and hold harmless the
358	management corporation and its officers and employees, the
359	department and its employees,and the state against all claims
360	arising from state and federal laws. Such insurance coverage
361	must be with insurers qualified and doing business in the state.
362	The management corporation must provide proof of insurance to
363	the boarddepartment. The department and its employees and the
364	state isare exempt from and isarenot liable for any sum of
365	money which represents a deductible, which sums shall be the
366	sole responsibility of the management corporation. Violation of
367	this subparagraph shall be grounds for terminating the contract.
368	7.8.Payment by the management corporation, out of its
369	allocated budget, to the departmentof all costs of
370	representation by the board counsel, including salary and
371	benefits, travel, and any other compensation traditionally paid
372	by the department to other board counsels.
373	8.9.Payment by the management corporation, out of its
374	allocated budget, to the departmentof all costs incurred by the
375	management corporation or the board for the Division of
376	Administrative Hearings of the Department of Management Services
377	and any other cost for utilization of these state services.
378	10. Payment by the management corporation, out of its
379	allocated budget, to the department of all costs associated with
380	the contract administrator of the department, including salary
381	and benefits, travel, and other related costs traditionally paid
382	to state employees.
383	(j) Provide for an annual financial audit of its financial
384	accounts and records by an independent certified public
385	accountant. The annual audit report shall include a management
386	letter in accordance with s. 11.45 and a detailed supplemental
387	schedule of expenditures for each expenditure category. The
388	annual audit report must be submitted to the board, the
389	department,and the Auditor General for review.
390	(k) Provide for persons charged with the responsibility of
391	receiving and depositing fee and fine revenues to have a
392	faithful performance bond in such an amount and according to
393	such terms as shall be determined in the contract.
394	(k)(l) Submit to the secretary, the board,and the
395	Legislature, on or before OctoberJanuary1 of each year, a
396	report on the status of the corporation which includes, but is
397	not limited to, information concerning the programs and funds
398	that have been transferred to the corporation. The report must
399	include: the number of license applications received; the number
400	approved and denied and the number of licenses issued; the
401	number of examinations administered and the number of applicants
402	who passed or failed the examination; the number of complaints
403	received; the number determined to be legally sufficient; the
404	number dismissed; the number determined to have probable cause;
405	the number of administrative complaints issued and the status of
406	the complaints; and the number and nature of disciplinary
407	actions taken by the board.
408	(l)(m) Develop, with the department,performance standards
409	and measurable outcomes for the board to adopt by rule in order
410	to facilitate efficient and cost-effective regulation.
411	(4) Notwithstanding any other provision of law, the board
412	shall contract with the management corporation to provide
413	investigative, legal, prosecutorial, and other services
414	necessary to perform all the duties of the board. The management
415	corporation shall comply with all the recordkeeping and
416	reporting requirements of chapter 455 applicable to the scope of
417	the contract and shall report solely to the board. Records of
418	the management corporation shall be considered public records as
419	specified in s. 471.038.
420	(5) The board and the management corporation are a
421	separate budget entity and are not subject to control,
422	supervision, or direction by the department in any manner,
423	including, but not limited to, personnel, purchasing,
424	transactions involving real or personal property, and budgetary
425	matters.
426	(6)(4)The management corporation may not exercise any
427	authority specifically assigned to the board under chapter 455
428	or this chapter, including determining probable cause to pursue
429	disciplinary action against a licensee, taking final action on
430	license applications or in disciplinary cases, or adopting
431	administrative rules under chapter 120 unless specifically
432	authorized by the board.
433	(7) Notwithstanding the provisions of ss. 455.228 and
434	455.2281, the duties and authority of the department to receive
435	complaints about and to investigate and deter the unlicensed
436	practice of engineering are delegated to the board. The board
437	may use funds in the unlicensed activity account established
438	under s. 455.2281 to perform the duties relating to unlicensed
439	activity.
440	(8) The board shall have the authority to issue emergency
441	suspension, restriction, or limitation orders pursuant to s.
442	120.60.
443	(9) The board shall submit an annual budget to the
444	Legislature for the purpose of funding all its activities and
445	those of the management corporation from the Professional
446	Regulation Trust Fund. In addition, this budget must be separate
447	from the budget submitted by the department to the Legislature,
448	except that in the initial year of enactment the board shall be
449	allocated the total portion of the department's budget assigned
450	to the board.
451	(10)(5)The department shall retain the independent
452	authority to open or, investigate, or prosecuteany cases or
453	complaints, as necessary to protect the public health, safety,
454	or welfare. In addition, the department may request prosecution
455	of these cases by the management corporationshall retain sole
456	authority to issue emergency suspension or restriction orders
457	pursuant to s. 120.60 and to prosecute unlicensed activity cases
458	pursuant to ss. 455.228 and 455.2281.
459	(11)(6)Management corporation records are public records
460	subject to the provisions of s. 119.07(1) and s. 24(a), Art. I
461	of the State Constitution; however, public records exemptions
462	set forth in ss. 455.217 and 455.229 for records created or
463	maintained by the department shall apply to records created or
464	maintained by the management corporation. In addition, all
465	meetings of the board of directors are open to the public in
466	accordance with s. 286.011 and s. 24(b), Art. I of the State
467	Constitution. The exemptions set forth in s. 455.225, relating
468	to complaints and information obtained pursuant to an
469	investigation by the department, shall apply to such records
470	created or obtained by the management corporation only until an
471	investigation ceases to be active. For the purposes of this
472	subsection, an investigation is considered active so long as the
473	management corporation or any law enforcement or administrative
474	agency is proceeding with reasonable dispatch and has a
475	reasonable, good faith belief that it may lead to the filing of
476	administrative, civil, or criminal proceedings. An investigation
477	ceases to be active when the case is dismissed prior to a
478	finding of probable cause and the board has not exercised its
479	option to pursue the case or 10 days after the board makes a
480	determination regarding probable cause. All information,
481	records, and transcriptions regarding a complaint that has been
482	determined to be legally sufficient to state a claim within the
483	jurisdiction of the board become available to the public when
484	the investigation ceases to be active, except information that
485	is otherwise confidential or exempt from s. 119.07(1). However,
486	in response to an inquiry about the licensure status of an
487	individual, the management corporation shall disclose the
488	existence of an active investigation if the nature of the
489	violation under investigation involves the potential for
490	substantial physical or financial harm to the public. The board
491	shall designate by rule those violations that involve the
492	potential for substantial physical or financial harm. The
493	department and theboard shall have access to all records of the
494	management corporation, as necessary for the board to exercise
495	itstheirauthority to approve and supervise the contract.
496	(12)(7)The management corporation is the sole source and
497	depository for the records of the board, including all
498	historical information and records. The management corporation
499	shall maintain those records in accordance with the guidelines
500	of the Department of State and shall not destroy any records
501	prior to the limits imposed by the Department of State.
502	(13)(8)The board shall provide by rule for the procedures
503	the management corporation must follow to ensure that all
504	licensure examinations are secure while under the responsibility
505	of the management corporation and that there is an appropriate
506	level of monitoring during the licensure examinations.
507	Section 6. This act shall take effect October 1, 2003.