Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 338
Ì224476>Î224476
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/12/2015 .
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The Committee on Regulated Industries (Diaz de la Portilla)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) and paragraphs (f) and (i) of
6 subsection (2) of section 471.003, Florida Statutes, are amended
7 to read:
8 471.003 Qualifications for practice; exemptions.—
9 (1)(a) No person other than a duly licensed engineer shall
10 practice engineering or use the name or title of “licensed
11 engineer,” “professional engineer,” “registered engineer,” or
12 any other title, designation, words, letters, abbreviations, or
13 device tending to indicate that such person holds an active
14 license as an engineer in this state.
15 (b) Beginning March 1, 2019, no person other than a duly
16 licensed structural engineer shall practice structural
17 engineering or use the name or title of “licensed structural
18 engineer,” “professional structural engineer,” “registered
19 structural engineer,” “structural engineer,” or any other title,
20 designation, words, letters, abbreviations, or device tending to
21 indicate that such person holds an active license as a
22 structural engineer in this state.
23 (2) The following persons are not required to be licensed
24 under the provisions of this chapter as a licensed engineer or
25 structural engineer:
26 (a) Any person practicing engineering for the improvement
27 of, or otherwise affecting, property legally owned by her or
28 him, unless such practice involves a public utility or the
29 public health, safety, or welfare or the safety or health of
30 employees. This paragraph shall not be construed as authorizing
31 the practice of engineering through an agent or employee who is
32 not duly licensed under the provisions of this chapter.
33 (b)1. A person acting as a public officer employed by any
34 state, county, municipal, or other governmental unit of this
35 state when working on any project the total estimated cost of
36 which is $10,000 or less.
37 2. Persons who are employees of any state, county,
38 municipal, or other governmental unit of this state and who are
39 the subordinates of a person in responsible charge licensed
40 under this chapter, to the extent that the supervision meets
41 standards adopted by rule of the board.
42 (c) Regular full-time employees of a corporation not
43 engaged in the practice of engineering as such, whose practice
44 of engineering for such corporation is limited to the design or
45 fabrication of manufactured products and servicing of such
46 products.
47 (d) Regular full-time employees of a public utility or
48 other entity subject to regulation by the Florida Public Service
49 Commission, Federal Energy Regulatory Commission, or Federal
50 Communications Commission.
51 (e) Employees of a firm, corporation, or partnership who
52 are the subordinates of a person in responsible charge, licensed
53 under this chapter.
54 (f) Any person as contractor in the execution of work
55 designed by a professional engineer or structural engineer or in
56 the supervision of the construction of work as a foreman or
57 superintendent.
58 (g) A licensed surveyor and mapper who takes, or contracts
59 for, professional engineering services incidental to her or his
60 practice of surveying and mapping and who delegates such
61 engineering services to a licensed professional engineer
62 qualified within her or his firm or contracts for such
63 professional engineering services to be performed by others who
64 are licensed professional engineers under the provisions of this
65 chapter.
66 (h) Any electrical, plumbing, air-conditioning, or
67 mechanical contractor whose practice includes the design and
68 fabrication of electrical, plumbing, air-conditioning, or
69 mechanical systems, respectively, which she or he installs by
70 virtue of a license issued under chapter 489, under part I of
71 chapter 553, or under any special act or ordinance when working
72 on any construction project which:
73 1. Requires an electrical or plumbing or air-conditioning
74 and refrigeration system with a value of $125,000 or less; and
75 2.a. Requires an aggregate service capacity of 600 amperes
76 (240 volts) or less on a residential electrical system or 800
77 amperes (240 volts) or less on a commercial or industrial
78 electrical system;
79 b. Requires a plumbing system with fewer than 250 fixture
80 units; or
81 c. Requires a heating, ventilation, and air-conditioning
82 system not to exceed a 15-ton-per-system capacity, or if the
83 project is designed to accommodate 100 or fewer persons.
84 (i) Any general contractor, certified or registered
85 pursuant to the provisions of chapter 489, when negotiating or
86 performing services under a design-build contract as long as the
87 engineering services offered or rendered in connection with the
88 contract are offered and rendered by an engineer or structural
89 engineer licensed in accordance with this chapter.
90 (j) Any defense, space, or aerospace company, whether a
91 sole proprietorship, firm, limited liability company,
92 partnership, joint venture, joint stock association,
93 corporation, or other business entity, subsidiary, or affiliate,
94 or any employee, contract worker, subcontractor, or independent
95 contractor of the defense, space, or aerospace company who
96 provides engineering for aircraft, space launch vehicles, launch
97 services, satellites, satellite services, or other defense,
98 space, or aerospace-related product or services, or components
99 thereof.
100 Section 2. Subsections (14) and (15) are added to section
101 471.005, Florida Statutes, to read:
102 471.005 Definitions.—As used in this chapter, the term:
103 (14) “Licensed structural engineer,” “professional
104 structural engineer,” “registered structural engineer,” or
105 “structural engineer” means a person who is licensed to engage
106 in the practice of structural engineering under this chapter.
107 (15) “Structural engineering” means an engineering service
108 or creative work that includes the structural analysis and
109 design of structural components or systems for threshold
110 buildings as defined in s. 553.71. The term includes
111 engineering, as defined in subsection (7), that requires
112 significant structural engineering education, training,
113 experience, and examination, as defined by the board.
114 Section 3. Subsections (1) and (6) of section 471.011,
115 Florida Statutes, are amended to read:
116 471.011 Fees.—
117 (1) The board by rule may establish fees to be paid for
118 applications, examination, reexamination, licensing and renewal,
119 inactive status application and reactivation of inactive
120 licenses, and recordmaking and recordkeeping. The board may also
121 establish by rule a delinquency fee. The board shall establish
122 fees that are adequate to ensure the continued operation of the
123 board. Fees shall be based on department estimates of the
124 revenue required to implement this chapter and the provisions of
125 law with respect to the regulation of engineers and structural
126 engineers.
127 (6) The fee for a temporary registration or certificate to
128 practice engineering or structural engineering shall not exceed
129 $25 for an individual or $50 for a business firm.
130 Section 4. Paragraph (a) of subsection (2) of section
131 471.013, Florida Statutes, is amended to read:
132 471.013 Examinations; prerequisites.—
133 (2)(a) The board may refuse to certify an applicant for
134 failure to satisfy the requirement of good moral character only
135 if:
136 1. There is a substantial connection between the lack of
137 good moral character of the applicant and the professional
138 responsibilities of a licensed engineer or structural engineer;
139 and
140 2. The finding by the board of lack of good moral character
141 is supported by clear and convincing evidence.
142 Section 5. Subsections (3) through (7) of section 471.015,
143 Florida Statutes, are redesignated as subsections (4) through
144 (8), respectively, present subsection (3) is amended, and a new
145 subsection (3) is added to that section, to read:
146 471.015 Licensure.—
147 (3)(a) The management corporation shall issue a structural
148 engineer license to any applicant who the board certifies as
149 qualified to practice structural engineering and who:
150 1. Is licensed under this chapter as an engineer or is
151 qualified for licensure as an engineer.
152 2. Submits an application in the format prescribed by the
153 board.
154 3. Pays a fee established by the board under s. 471.011.
155 4. Provides satisfactory evidence of good moral character,
156 as defined by the board.
157 5. Provides a record of 4 years of active structural
158 engineering experience, as defined by the board, under the
159 supervision of a licensed professional engineer.
160 6. Has successfully passed the National Council of
161 Examiners for Engineering and Surveying structural engineering
162 examination.
163 (b) Before February 28, 2019, an applicant who satisfies
164 subparagraphs (a)1.-5. may satisfy subparagraph (a)6. by
165 submitting a signed affidavit in the format prescribed by the
166 board that states:
167 1. The applicant is currently a licensed engineer in this
168 state and has been engaged in the practice of structural
169 engineering with a record of at least 4 years of active
170 structural engineering experience.
171 2. The applicant is willing to meet with the board or a
172 representative of the board, upon its request, for the purpose
173 of evaluating the applicant’s qualifications for licensure.
174 (c) An applicant who is qualified for licensure as an
175 engineer under s. 471.013 may simultaneously apply for licensure
176 as a structural engineer if all requirements of s. 471.013 and
177 this subsection are met.
178 (4)(3) The board shall certify as qualified for a license
179 by endorsement an applicant who:
180 (a) Qualifies to take the fundamentals examination and the
181 principles and practice examination as set forth in s. 471.013,
182 has passed a United States national, regional, state, or
183 territorial licensing examination that is substantially
184 equivalent to the fundamentals examination and principles and
185 practice examination required by s. 471.013, and has satisfied
186 the experience requirements set forth in s. 471.013; or
187 (b) Holds a valid license to practice engineering or, for
188 structural engineer applicants, a license to practice structural
189 engineering issued by another state or territory of the United
190 States, if the criteria for issuance of the license were
191 substantially the same as the licensure criteria that existed in
192 this state at the time the license was issued.
193 Section 6. Section 471.019, Florida Statutes, is amended to
194 read:
195 471.019 Reactivation.—The board shall prescribe by rule
196 continuing education requirements for reactivating a license.
197 The continuing education requirements for reactivating a license
198 for a licensed engineer or structural engineer may not exceed 12
199 classroom hours for each year the license was inactive.
200 Section 7. Subsection (2) of section 471.025, Florida
201 Statutes, is amended to read:
202 471.025 Seals.—
203 (2) It is unlawful for any person to seal or digitally sign
204 any document with a seal or digital signature after his or her
205 license has expired or been revoked or suspended, unless such
206 license is has been reinstated or reissued. When an engineer’s
207 or structural engineer’s license is has been revoked or
208 suspended by the board, the licensee shall, within a period of
209 30 days after the revocation or suspension has become effective,
210 surrender his or her seal to the executive director of the board
211 and confirm to the executive director the cancellation of the
212 licensee’s digital signature in accordance with ss. 668.001
213 668.006. In the event the engineer’s license has been suspended
214 for a period of time, his or her seal shall be returned to him
215 or her upon expiration of the suspension period.
216 Section 8. Paragraphs (b) through (g) of subsection (1) of
217 section 471.031, Florida Statutes, are redesignated as
218 paragraphs (c) through (h), respectively, present paragraph (b)
219 is amended, and a new paragraph (b) is added to that subsection,
220 to read:
221 471.031 Prohibitions; penalties.—
222 (1) A person may not:
223 (b) Beginning March 1, 2019, practice structural
224 engineering unless the person is licensed as a structural
225 engineer or exempt from licensure under this chapter.
226 (c)(b)1. Except as provided in subparagraph 2. or
227 subparagraph 3., use the name or title “professional engineer”
228 or any other title, designation, words, letters, abbreviations,
229 or device tending to indicate that such person holds an active
230 license as an engineer when the person is not licensed under
231 this chapter, including, but not limited to, the following
232 titles: “agricultural engineer,” “air-conditioning engineer,”
233 “architectural engineer,” “building engineer,” “chemical
234 engineer,” “civil engineer,” “control systems engineer,”
235 “electrical engineer,” “environmental engineer,” “fire
236 protection engineer,” “industrial engineer,” “manufacturing
237 engineer,” “mechanical engineer,” “metallurgical engineer,”
238 “mining engineer,” “minerals engineer,” “marine engineer,”
239 “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
240 “structural engineer,” “transportation engineer,” “software
241 engineer,” “computer hardware engineer,” or “systems engineer.”
242 2. Any person who is exempt from licensure under s.
243 471.003(2)(j) may use the title or personnel classification of
244 “engineer” in the scope of his or her work under that exemption
245 if the title does not include or connote the term “licensed
246 engineer,” “professional engineer,” “registered engineer,”
247 “licensed professional engineer,” “licensed engineer,”
248 “registered professional engineer,” “licensed structural
249 engineer,” “professional structural engineer,” “registered
250 structural engineer,” or “structural engineer.” or “licensed
251 professional engineer.”
252 3. Any person who is exempt from licensure under s.
253 471.003(2)(c) or (e) may use the title or personnel
254 classification of “engineer” in the scope of his or her work
255 under that exemption if the title does not include or connote
256 the term “licensed engineer,” “professional engineer,”
257 “registered engineer,” “licensed professional engineer,”
258 “licensed engineer,” “registered professional engineer,”
259 “licensed structural engineer,” “professional structural
260 engineer,” “registered structural engineer,” or “structural
261 engineer,” or “licensed professional engineer” and if that
262 person is a graduate from an approved engineering curriculum of
263 4 years or more in a school, college, or university which has
264 been approved by the board.
265 Section 9. Paragraph (e) of subsection (1) and subsection
266 (4) of section 471.033, Florida Statutes, are amended to read:
267 471.033 Disciplinary proceedings.—
268 (1) The following acts constitute grounds for which the
269 disciplinary actions in subsection (3) may be taken:
270 (e) Making or filing a report or record that the licensee
271 knows to be false, willfully failing to file a report or record
272 required by state or federal law, willfully impeding or
273 obstructing such filing, or inducing another person to impede or
274 obstruct such filing. Such reports or records include only those
275 that are signed in the capacity of a licensed engineer or
276 structural engineer.
277 (4) The management corporation shall reissue the license of
278 a disciplined engineer, structural engineer, or business upon
279 certification by the board that the disciplined person has
280 complied with all of the terms and conditions set forth in the
281 final order.
282 Section 10. Subsection (1) of section 471.037, Florida
283 Statutes, is amended to read:
284 471.037 Effect of chapter locally.—
285 (1) Nothing contained in this chapter shall be construed to
286 repeal, amend, limit, or otherwise affect any local building
287 code or zoning law or ordinance, now or hereafter enacted, which
288 is more restrictive with respect to the services of licensed
289 engineers or structural engineers than the provisions of this
290 chapter.
291 Section 11. This act shall take effect July 1, 2015.
292
293 ================= T I T L E A M E N D M E N T ================
294 And the title is amended as follows:
295 Delete everything before the enacting clause
296 and insert:
297 A bill to be entitled
298 An act relating to engineers; amending s. 471.003,
299 F.S.; prohibiting a person who is not licensed as an
300 engineer or a structural engineer from using specified
301 names and titles or practicing engineering or
302 structural engineering; exempting certain persons from
303 the licensing requirements; amending s. 471.005, F.S.;
304 providing definitions; amending s. 471.011, F.S.;
305 establishing various fees for the examination and
306 licensure of structural engineers; amending s.
307 471.013, F.S.; revising provisions authorizing the
308 Board of Professional Engineers to refuse to certify
309 an applicant due to lack of good moral character to
310 include structural engineer licensure applicants, to
311 conform; amending s. 471.015, F.S.; providing
312 licensure and application requirements for a
313 structural engineer license; exempting under certain
314 conditions a structural engineer who applies for
315 licensure before a specified date from passage of a
316 certain national examination; requiring the board to
317 certify certain applicants for licensure by
318 endorsement; amending ss. 471.019 and 471.025, F.S.;
319 revising continuing education requirements for
320 reactivation of a license and provisions requiring an
321 engineer with a revoked or suspended license to
322 surrender his or her seal, respectively, to include
323 structural engineers, to conform; amending s. 471.031,
324 F.S.; prohibiting specified persons from using
325 specified names and titles; amending s. 471.033, F.S.;
326 providing various acts which constitute grounds for
327 disciplinary action against a structural engineer, to
328 which penalties apply; amending s. 471.037, F.S.;
329 revising applicability, to conform to changes made by
330 the act; providing an effective date.