HB 1049, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to professions; amending ss. 471.013 and
3	471.015, F.S.; revising provisions relating to the examinations
4	required to practice in this state as an engineer; amending s.
5	471.023, F.S.; requiring certification of any business
6	organization offering engineering services to the public;
7	amending s. 471.033, F.S.; revising provisions relating to
8	disciplinary penalties to increase the administrative fine and
9	authorize the imposition of restitution; amending s. 471.038,
10	F.S.; revising duties of the Board of Professional Engineers,
11	the Florida Engineers Management Corporation, and the Department
12	of Business and Professional Regulation with respect to
13	regulation of the practice of engineering; providing that the
14	president of the management corporation shall be selected by the
15	management corporation and shall serve as executive director of
16	the board, subject to approval of the board; eliminating the
17	position of contract administrator; revising the submission date
18	for the annual status report; restricting the requirement of
19	posting a performance bond to certain persons not employed by
20	the management corporation; revising duties and authority to
21	investigate complaints and prosecute cases; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Subsection (1) of section 471.013, Florida
27	Statutes, is amended to read:
28	471.013 Examinations; prerequisites.--
29	(1)(a) A person shall be entitled to take an examination
30	for the purpose of determining whether she or he is qualified to
31	practice in this state as an engineer if the person is of good
32	moral character and:
33	1. Is a graduate from an approved engineering curriculum
34	of 4 years or more in a school, college, or university which has
35	been approved by the board and has a record of 4 years of active
36	engineering experience of a character indicating competence to
37	be in responsible charge of engineering;
38	2. Is a graduate of an approved engineering technology
39	curriculum of 4 years or more in a school, college, or
40	university within the State University System, having been
41	enrolled or having graduated prior to July 1, 1979, and has a
42	record of 4 years of active engineering experience of a
43	character indicating competence to be in responsible charge of
44	engineering; or
45	3. Has, in lieu of such education and experience
46	requirements, 10 years or more of active engineering work of a
47	character indicating that the applicant is competent to be
48	placed in responsible charge of engineering. However, this
49	subparagraph does not apply unless such person notifies the
50	department before July 1, 1984, that she or he was engaged in
51	such work on July 1, 1981.
52
53	The board shall adopt rules providing for the review and
54	approval of schools or colleges and the courses of study in
55	engineering in such schools and colleges. The rules shall be
56	based on the educational requirements for engineering as defined
57	in s. 471.005. The board may adopt rules providing for the
58	acceptance of the approval and accreditation of schools and
59	courses of study by a nationally accepted accreditation
60	organization.
61	(b) A person shall be entitled to take the fundamentalsan
62	examination for the purpose of determining whether she or he is
63	qualified to practice in this state as an engineer intern if she
64	or he is in the final year of, or is a graduate of, an approved
65	engineering curriculum in a school, college, or university
66	approved by the board.
67	(c) A person shall not be entitled to take the principles
68	and practice part of theexamination until that person has
69	successfully completed the fundamentals examination.
70	(d) On or after October 1, 1992, every applicant who is
71	qualified to take either the fundamentals examination or the
72	principles and practiceany part of theexamination shall be
73	allowed to take either examinationany one partfive times,
74	notwithstanding the number of times that either examinationpart
75	has been previously failed. If an applicant fails eitherany
76	part of the examination taken after October 1, 1992,five times,
77	the board shall require the applicant to complete additional
78	college-level education courses in the areas of deficiency, as
79	determined by the board, as a condition of future eligibility to
80	take thattheexamination.
81	Section 2. Subsections (1), (3), and (5) of section
82	471.015, Florida Statutes, are amended to read:
83	471.015 Licensure.--
84	(1) The management corporation shall issue a license to
85	any applicant who the board certifies is qualified to practice
86	engineering and who has passed the fundamentals examination and
87	the principles and practicelicensingexamination.
88	(3) The board shall certify as qualified for a license by
89	endorsement an applicant who:
90	(a) Qualifies to take the fundamentals examination and the
91	principles and practiceexamination as set forth in s. 471.013,
92	has passed a United States national, regional, state, or
93	territorial licensing examination that is substantially
94	equivalent to the fundamentals examination and the principles
95	and practiceexamination required by s. 471.013, and has
96	satisfied the experience requirements set forth in s. 471.013;
97	or
98	(b) Holds a valid license to practice engineering issued
99	by another state or territory of the United States, if the
100	criteria for issuance of the license were substantially the same
101	as the licensure criteria that existed in this state at the time
102	the license was issued.
103	(5)(a) The board shall deem that an applicant who seeks
104	licensure by endorsement has passed an examination substantially
105	equivalent to part I of the fundamentalsengineeringexamination
106	when such applicant:
107	1. Has held a valid professional engineer's license in
108	another state for 15 years and has had 20 years of continuous
109	professional-level engineering experience;
110	2. Has received a doctorate degree in engineering from an
111	institution that has an undergraduate engineering degree program
112	which is accredited by the Accreditation Board for Engineering
113	Technology; or
114	3. Has received a doctorate degree in engineering and has
115	taught engineering full time for at least 3 years, at the
116	baccalaureate level or higher, after receiving that degree.
117	(b) The board shall deem that an applicant who seeks
118	licensure by endorsement has passed an examination substantially
119	equivalent to the fundamentals examination and the principles
120	and practicepart I and part II of the engineeringexamination
121	when such applicant has held a valid professional engineer's
122	license in another state for 25 years and has had 30 years of
123	continuous professional-level engineering experience.
124	Section 3. Section 471.023, Florida Statutes, is amended
125	to read:
126	471.023 Certification of business organizations
127	partnerships and corporations.--
128	(1) The practice of, or the offer to practice, engineering
129	by licensees through a business organization, including any
130	partnership, corporation, business trust, or other legal entity,
131	corporation or partnershipoffering engineering services to the
132	public or by a business organization, including any partnership,
133	corporation, business trust, or other legal entity,corporation
134	or partnershipoffering said services to the public through
135	licensees under this chapter as agents, employees, officers, or
136	partners is permitted only if the business organizationfirm
137	possesses a certification issued by the management corporation
138	pursuant to qualification by the board, subject to the
139	provisions of this chapter. One or more of the principal
140	officers of the business organizationcorporationor one or more
141	partners, if the business organization is aof the partnership,
142	and all personnel of the business organizationcorporation or
143	partnershipwho act in its behalf as engineers in this state
144	shall be licensed as provided by this chapter. All final
145	drawings, specifications, plans, reports, or documents involving
146	practices licensed under this chapter which are prepared or
147	approved for the use of the business organizationcorporation or
148	partnershipor for public record within the state shall be dated
149	and shall bear the signature and seal of the licensee who
150	prepared or approved them. Nothing in this section shall be
151	construed to mean that a license to practice engineering shall
152	be held by a business organizationcorporation. Nothing herein
153	prohibits business organizationscorporations and partnerships
154	from joining together to offer engineering services to the
155	public, provided each business organizationcorporation or
156	partnership otherwise meets the requirements of this section. No
157	business organizationcorporation or partnershipshall be
158	relieved of responsibility for the conduct or acts of its
159	agents, employees, or officers by reason of its compliance with
160	this section, nor shall any individual practicing engineering be
161	relieved of responsibility for professional services performed
162	by reason of his or her employment or relationship with a
163	business organizationcorporation or partnership.
164	(2) For the purposes of this section, a certificate of
165	authorization shall be required for a business organization
166	corporation, partnership, association,or person practicing
167	under a fictitious name, offering engineering services to the
168	public. However, when an individual is practicing engineering in
169	his or her own given name, he or she shall not be required to be
170	licensed under this section.
171	(3) The fact that a licensed engineer practices through a
172	business organizationcorporation or partnershipshall not
173	relieve the licensee from personal liability for negligence,
174	misconduct, or wrongful acts committed by him or her.
175	Partnerships and all partners shall be jointly and severally
176	liable for the negligence, misconduct, or wrongful acts
177	committed by their agents, employees, or partners while acting
178	in a professional capacity. Any officer, agent, or employee of a
179	business organization other than a partnershipcorporationshall
180	be personally liable and accountable only for negligent acts,
181	wrongful acts, or misconduct committed by him or her or
182	committed by any person under his or her direct supervision and
183	control, while rendering professional services on behalf of the
184	business organizationcorporation. The personal liability of a
185	shareholder or owner of a business organizationcorporation, in
186	his or her capacity as shareholder or owner, shall be no greater
187	than that of a shareholder-employee of a corporation
188	incorporated under chapter 607. The business organization
189	corporationshall be liable up to the full value of its property
190	for any negligent acts, wrongful acts, or misconduct committed
191	by any of its officers, agents, or employees while they are
192	engaged on behalf of the business organizationcorporationin
193	the rendering of professional services.
194	(4) Each certification of authorization shall be renewed
195	every 2 years. Each business organizationpartnership and
196	corporationcertified under this section shall notify the board
197	within 1 month of any change in the information contained in the
198	application upon which the certification is based.
199	(5) Disciplinary action against a business organization
200	corporation or partnershipshall be administered in the same
201	manner and on the same grounds as disciplinary action against a
202	licensed engineer.
203	Section 4. Section 471.033, Florida Statutes, is amended
204	to read:
205	471.033 Disciplinary proceedings.--
206	(1) The following acts constitute grounds for which the
207	disciplinary actions in subsection (3) may be taken:
208	(a) Violating any provision of s. 455.227(1), s. 471.025,
209	or s. 471.031, or any other provision of this chapter or rule of
210	the board or department.
211	(b) Attempting to procure a license to practice
212	engineering by bribery or fraudulent misrepresentations.
213	(c) Having a license to practice engineering revoked,
214	suspended, or otherwise acted against, including the denial of
215	licensure, by the licensing authority of another state,
216	territory, or country, for any act that would constitute a
217	violation of this chapter or chapter 455.
218	(d) Being convicted or found guilty of, or entering a plea
219	of nolo contendere to, regardless of adjudication, a crime in
220	any jurisdiction which directly relates to the practice of
221	engineering or the ability to practice engineering.
222	(e) Making or filing a report or record that the licensee
223	knows to be false, willfully failing to file a report or record
224	required by state or federal law, willfully impeding or
225	obstructing such filing, or inducing another person to impede or
226	obstruct such filing. Such reports or records include only those
227	that are signed in the capacity of a licensed engineer.
228	(f) Advertising goods or services in a manner that is
229	fraudulent, false, deceptive, or misleading in form or content.
230	(g) Engaging in fraud or deceit, negligence, incompetence,
231	or misconduct, in the practice of engineering.
232	(h) Violating chapter 455.
233	(i) Practicing on a revoked, suspended, inactive, or
234	delinquent license.
235	(j) Affixing or permitting to be affixed his or her seal,
236	name, or digital signature to any final drawings,
237	specifications, plans, reports, or documents that were not
238	prepared by him or her or under his or her responsible
239	supervision, direction, or control.
240	(k) Violating any order of the board or department
241	previously entered in a disciplinary hearing.
242	(2) The board shall specify, by rule, what acts or
243	omissions constitute a violation of subsection (1).
244	(3) When the board finds any person guilty of any of the
245	grounds set forth in subsection (1), it may enter an order
246	imposing one or more of the following penalties:
247	(a) Denial of an application for licensure.
248	(b) Revocation or suspension of a license.
249	(c) Imposition of an administrative fine not to exceed
250	$5,000$1,000for each count or separate offense.
251	(d) Issuance of a reprimand.
252	(e) Placement of the licensee on probation for a period of
253	time and subject to such conditions as the board may specify.
254	(f) Restriction of the authorized scope of practice by the
255	licensee.
256	(g) Restitution.
257	(4) The management corporation shall reissue the license
258	of a disciplined engineer or business upon certification by the
259	board that the disciplined person has complied with all of the
260	terms and conditions set forth in the final order.
261	Section 5. Section 471.038, Florida Statutes, is amended
262	to read:
263	471.038 Florida Engineers Management Corporation.--
264	(1) This section may be cited as the "Florida Engineers
265	Management Corporation Act."
266	(2) The purpose of this section is to create a public-
267	private partnership by providing that a single nonprofit
268	corporation be established to provide administrative,
269	investigative, and prosecutorial services to the board and that
270	no additional nonprofit corporation be created for these
271	purposes.
272	(3) The Florida Engineers Management Corporation is
273	created to provide administrative, investigative, and
274	prosecutorial services to the board in accordance with the
275	provisions of chapter 455 and this chapter. The management
276	corporation may hire staff as necessary to carry out its
277	functions. Such staff are not public employees for the purposes
278	of chapter 110 or chapter 112, except that the board of
279	directors and the staff are subject to the provisions of s.
280	112.061. The provisions of s. 768.28 apply to the management
281	corporation, which is deemed to be a corporation primarily
282	acting as an instrumentality of the state, but which is not an
283	agency within the meaning of s. 20.03(11). The management
284	corporation shall:
285	(a) Be a Florida corporation not for profit, incorporated
286	under the provisions of chapter 617.
287	(b) Provide administrative, investigative, and
288	prosecutorial services to the board in accordance with the
289	provisions of chapter 455, this chapter, and the contract
290	required by this section.
291	(c) Receive, hold, and administer property and make only
292	prudent expenditures directly related to the responsibilities of
293	the board, and in accordance with the contract required by this
294	section.
295	(d) Be approved by the board and the department to operate
296	for the benefit of the board and in the best interest of the
297	state.
298	(e) Operate under a fiscal year that begins on July 1 of
299	each year and ends on June 30 of the following year.
300	(f) Have a seven-member board of directors, five of whom
301	are to be appointed by the board and must be registrants
302	regulated by the board and two of whom are to be appointed by
303	the secretary and must be laypersons not regulated by the board.
304	All initial appointments shall expire on October 31, 2000.
305	Current members may be appointed to one additional term that
306	complies with the provisions of this paragraph. Two members
307	shall be appointed for 2 years, three members shall be appointed
308	for 3 years, and two members shall be appointed for 4 years. One
309	layperson shall be appointed to a 3-year term and one layperson
310	shall be appointed to a 4-year term. Thereafter,All
311	appointments shall be for 4-year terms. No newmember shall
312	serve more than two consecutive terms. Failure to attend three
313	consecutive meetings shall be deemed a resignation from the
314	board, and the vacancy shall be filled by a new appointment.
315	(g) Select its officers in accordance with its bylaws. The
316	members of the board of directors who were appointed by the
317	board may be removed by the board, with the concurrence of the
318	department, for the same reasons that a board member may be
319	removed.
320	(h) Select the president of the management corporation,
321	who shall also serve as the executive director of the board,
322	subject to approval of the board.
323	(i)(h)Use a portion of the interest derived from the
324	management corporation account to offset the costs associated
325	with the use of credit cards for payment of fees by applicants
326	or licensees.
327	(j)(i) Operate under aan annualwritten contract with the
328	department which is approved by the board. The contract must
329	provide for, but is not limited to:
330	1. Approval of the articles of incorporation and bylaws of
331	the management corporation by the department and the board.
332	1.2.Submission by the management corporation of an annual
333	budget that complies with board rules for approval by the board
334	and the department.
335	2.3.Annual certification by the board and the department
336	that the management corporation is complying with the terms of
337	the contract in a manner consistent with the goals and purposes
338	of the board and in the best interest of the state. This
339	certification must be reported in the board's minutes. The
340	contract must also provide for methods and mechanisms to resolve
341	any situation in which the certification process determines
342	noncompliance.
343	4. Employment by the department of a contract
344	administrator to actively supervise the administrative,
345	investigative, and prosecutorial activities of the management
346	corporation to ensure compliance with the contract and the
347	provisions of chapter 455 and this chapter and to act as a
348	liaison for the department, the board, and the management
349	corporation to ensure the effective operation of the management
350	corporation.
351	3.5.Funding of the management corporation through
352	appropriations allocated to the regulation of professional
353	engineers from the Professional Regulation Trust Fund.
354	4.6.The reversion to the board, or the state if the board
355	ceases to exist, of moneys, records, data, and property held in
356	trust by the management corporation for the benefit of the
357	board, if the management corporation is no longer approved to
358	operate for the board or the board ceases to exist. All records
359	and data in a computerized database shall be returned to the
360	department in a form that is compatible with the computerized
361	database of the department.
362	5.7.The securing and maintaining by the management
363	corporation, during the term of the contract and for all acts
364	performed during the term of the contract, of all liability
365	insurance coverages in an amount to be approved by the board
366	departmentto defend, indemnify, and hold harmless the
367	management corporation and its officers and employees, the
368	department and its employees, and the state against all claims
369	arising from state and federal laws. Such insurance coverage
370	must be with insurers qualified and doing business in the state.
371	The management corporation must provide proof of insurance to
372	the department. The department and its employees and the state
373	are exempt from and are not liable for any sum of money which
374	represents a deductible, which sums shall be the sole
375	responsibility of the management corporation. Violation of this
376	subparagraph shall be grounds for terminating the contract.
377	6.8.Payment by the management corporation, out of its
378	allocated budget, to the department of all costs of
379	representation by the board counsel, including salary and
380	benefits, travel, and any other compensation traditionally paid
381	by the department to other board counsels.
382	7.9.Payment by the management corporation, out of its
383	allocated budget, to the department of all costs incurred by the
384	management corporation or the board for the Division of
385	Administrative Hearings of the Department of Management Services
386	and any other cost for utilization of these state services.
387	8.10.Payment by the management corporation, out of its
388	allocated budget, to the department of reasonableallcosts
389	associated with the contract monitoradministrator of the
390	department, including salary and benefits, travel, and other
391	related costs traditionally paid to state employees.
392	(k)(j)Provide for an annual financial audit of its
393	financial accounts and records by an independent certified
394	public accountant. The annual audit report shall include a
395	management letter in accordance with s. 11.45 and a detailed
396	supplemental schedule of expenditures for each expenditure
397	category. The annual audit report must be submitted to the
398	board, the department, and the Auditor General for review.
399	(l)(k) Provide for persons not employed by the management
400	corporation who arecharged with the responsibility of receiving
401	and depositing fee and fine revenues to have a faithful
402	performance bond in such an amount and according to such terms
403	as shall be determined in the contract.
404	(m)(l)Submit to the secretary, the board, and the
405	Legislature, on or before OctoberJanuary1 of each year, a
406	report on the status of the corporation which includes, but is
407	not limited to, information concerning the programs and funds
408	that have been transferred to the corporation. The report must
409	include: the number of license applications received; the number
410	approved and denied and the number of licenses issued; the
411	number of examinations administered and the number of applicants
412	who passed or failed the examination; the number of complaints
413	received; the number determined to be legally sufficient; the
414	number dismissed; the number determined to have probable cause;
415	the number of administrative complaints issued and the status of
416	the complaints; and the number and nature of disciplinary
417	actions taken by the board.
418	(n)(m) Develop, and submit towiththe department,
419	performance standards and measurable outcomes for the board to
420	adopt by rule in order to facilitate efficient and cost-
421	effective regulation.
422	(4) The management corporation may not exercise any
423	authority specifically assigned to the board under chapter 455
424	or this chapter, including determining probable cause to pursue
425	disciplinary action against a licensee, taking final action on
426	license applications or in disciplinary cases, or adopting
427	administrative rules under chapter 120.
428	(5) Notwithstanding the provisions of ss. 455.228,
429	455.2281, and 455.32, the duties and authority of the department
430	to receive complaints and to investigate and deter the
431	unlicensed practice of engineering are delegated to the board.
432	The board may use funds in its unlicensed activity account
433	established under s. 455.2281 to perform its duties relating to
434	unlicensed activity.
435	(6)(5)The department shall retain the independent
436	authority to open or, investigate, or prosecuteany cases or
437	complaints, as necessary to protect the public health, safety,
438	or welfare. In addition, the department may request that the
439	management corporation prosecute such cases andshall retain
440	sole authority to issue emergency suspension or restriction
441	orders pursuant to s. 120.60 and to prosecute unlicensed
442	activity cases pursuant to ss. 455.228 and 455.2281.
443	(7)(6)Management corporation records are public records
444	subject to the provisions of s. 119.07(1) and s. 24(a), Art. I
445	of the State Constitution; however, public records exemptions
446	set forth in ss. 455.217 and 455.229 for records created or
447	maintained by the department shall apply to records created or
448	maintained by the management corporation. In addition, all
449	meetings of the board of directors are open to the public in
450	accordance with s. 286.011 and s. 24(b), Art. I of the State
451	Constitution. The exemptions set forth in s. 455.225, relating
452	to complaints and information obtained pursuant to an
453	investigation by the department, shall apply to such records
454	created or obtained by the management corporation only until an
455	investigation ceases to be active. For the purposes of this
456	subsection, an investigation is considered active so long as the
457	management corporation or any law enforcement or administrative
458	agency is proceeding with reasonable dispatch and has a
459	reasonable, good faith belief that it may lead to the filing of
460	administrative, civil, or criminal proceedings. An investigation
461	ceases to be active when the case is dismissed prior to a
462	finding of probable cause and the board has not exercised its
463	option to pursue the case or 10 days after the board makes a
464	determination regarding probable cause. All information,
465	records, and transcriptions regarding a complaint that has been
466	determined to be legally sufficient to state a claim within the
467	jurisdiction of the board become available to the public when
468	the investigation ceases to be active, except information that
469	is otherwise confidential or exempt from s. 119.07(1). However,
470	in response to an inquiry about the licensure status of an
471	individual, the management corporation shall disclose the
472	existence of an active investigation if the nature of the
473	violation under investigation involves the potential for
474	substantial physical or financial harm to the public. The board
475	shall designate by rule those violations that involve the
476	potential for substantial physical or financial harm. The
477	department and the board shall have access to all records of the
478	management corporation, as necessary to exercise their authority
479	to approve and supervise the contract.
480	(8)(7)The management corporation is the sole source and
481	depository for the records of the board, including all
482	historical information and records. The management corporation
483	shall maintain those records in accordance with the guidelines
484	of the Department of State and shall not destroy any records
485	prior to the limits imposed by the Department of State.
486	(9)(8)The board shall provide by rule for the procedures
487	the management corporation must follow to ensure that all
488	licensure examinations are secure while under the responsibility
489	of the management corporation and that there is an appropriate
490	level of monitoring during the licensure examinations.
491	Section 7. This act shall take effect October 1, 2003.