Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1214
       
       
       
       
       
       
                                Ì939264=Î939264                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/27/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Baxley)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 47 - 382
    4  and insert:
    5  licensed professional structural engineer shall engage in the
    6  practice of professional structural engineering or use the name
    7  or title of “licensed structural engineer,” “professional
    8  structural engineer,” or “registered structural engineer” or any
    9  other title, designation, words, letters, abbreviations, or
   10  device tending to indicate that such person holds an active
   11  license as a professional structural engineer in this state.
   12         (2) The following persons are not required to be licensed
   13  under the provisions of this chapter as a licensed engineer or a
   14  licensed professional structural engineer:
   15         (a) Any person practicing engineering for the improvement
   16  of, or otherwise affecting, property legally owned by her or
   17  him, unless such practice involves a public utility or the
   18  public health, safety, or welfare or the safety or health of
   19  employees. This paragraph shall not be construed as authorizing
   20  the practice of engineering through an agent or employee who is
   21  not duly licensed under the provisions of this chapter.
   22         (b)1. A person acting as a public officer employed by any
   23  state, county, municipal, or other governmental unit of this
   24  state when working on any project the total estimated cost of
   25  which is $10,000 or less.
   26         2. Persons who are employees of any state, county,
   27  municipal, or other governmental unit of this state and who are
   28  the subordinates of a person in responsible charge licensed
   29  under this chapter, to the extent that the supervision meets
   30  standards adopted by rule of the board.
   31         (c) Regular full-time employees of a corporation not
   32  engaged in the practice of engineering as such, whose practice
   33  of engineering for such corporation is limited to the design or
   34  fabrication of manufactured products and servicing of such
   35  products.
   36         (d) Regular full-time employees of a public utility or
   37  other entity subject to regulation by the Florida Public Service
   38  Commission, Federal Energy Regulatory Commission, or Federal
   39  Communications Commission.
   40         (e) Employees of a firm, corporation, or partnership who
   41  are the subordinates of a person in responsible charge, licensed
   42  under this chapter.
   43         (f) Any person as contractor in the execution of work
   44  designed by a professional engineer or a professional structural
   45  engineer or in the supervision of the construction of work as a
   46  foreman or superintendent.
   47         (g) A licensed surveyor and mapper who takes, or contracts
   48  for, professional engineering services incidental to her or his
   49  practice of surveying and mapping and who delegates such
   50  engineering services to a licensed professional engineer
   51  qualified within her or his firm or contracts for such
   52  professional engineering services to be performed by others who
   53  are licensed professional engineers under the provisions of this
   54  chapter.
   55         (h) Any electrical, plumbing, air-conditioning, or
   56  mechanical contractor whose practice includes the design and
   57  fabrication of electrical, plumbing, air-conditioning, or
   58  mechanical systems, respectively, which she or he installs by
   59  virtue of a license issued under chapter 489, under former part
   60  I of chapter 553, Florida Statutes 2001, or under any special
   61  act or ordinance when working on any construction project which:
   62         1. Requires an electrical or plumbing or air-conditioning
   63  and refrigeration system with a value of $125,000 or less; and
   64         2.a. Requires an aggregate service capacity of 600 amperes
   65  (240 volts) or less on a residential electrical system or 800
   66  amperes (240 volts) or less on a commercial or industrial
   67  electrical system;
   68         b. Requires a plumbing system with fewer than 250 fixture
   69  units; or
   70         c. Requires a heating, ventilation, and air-conditioning
   71  system not to exceed a 15-ton-per-system capacity, or if the
   72  project is designed to accommodate 100 or fewer persons.
   73         (i) Any general contractor, certified or registered
   74  pursuant to the provisions of chapter 489, when negotiating or
   75  performing services under a design-build contract as long as the
   76  engineering services offered or rendered in connection with the
   77  contract are offered and rendered by an engineer or professional
   78  structural engineer licensed in accordance with this chapter.
   79         (j) Any defense, space, or aerospace company, whether a
   80  sole proprietorship, firm, limited liability company,
   81  partnership, joint venture, joint stock association,
   82  corporation, or other business entity, subsidiary, or affiliate,
   83  or any employee, contract worker, subcontractor, or independent
   84  contractor of the defense, space, or aerospace company who
   85  provides engineering for aircraft, space launch vehicles, launch
   86  services, satellites, satellite services, or other defense,
   87  space, or aerospace-related product or services, or components
   88  thereof.
   89         Section 2. Present subsections (9) through (12) of section
   90  471.005, Florida Statutes, are redesignated as subsections (11)
   91  through (14), respectively, new subsections (9) and (10) are
   92  added to that section, and present subsection (10) of that
   93  section is amended, to read:
   94         471.005 Definitions.—As used in this chapter, the term:
   95         (9)“Professional structural engineer” means a person who
   96  is licensed to engage in the practice of professional structural
   97  engineering under this chapter.
   98         (10)“Professional structural engineering” means a service
   99  or creative work that includes the structural analysis and
  100  design of structural components or systems for threshold
  101  buildings as defined in s. 553.71. The term includes
  102  engineering, as defined in subsection (7), which requires
  103  significant structural engineering education, training,
  104  experience, and examination, as determined by the board.
  105         (12)(10) “Retired professional engineer,or “professional
  106  engineer, retired,“retired professional structural engineer,”
  107  or “professional structural engineer, retired” means a person
  108  who has been duly licensed as a professional engineer by the
  109  board and who chooses to relinquish or not to renew his or her
  110  license and applies to and is approved by the board to be
  111  granted the title “Professional Engineer, Retired” or
  112  “Professional Structural Engineer, Retired.”
  113         Section 3. Subsections (1) and (6) of section 471.011,
  114  Florida Statutes, are amended to read:
  115         471.011 Fees.—
  116         (1) The board by rule may establish fees to be paid for
  117  applications, examination, reexamination, licensing and renewal,
  118  inactive status application and reactivation of inactive
  119  licenses, and recordmaking and recordkeeping. The board may also
  120  establish by rule a delinquency fee. The board shall establish
  121  fees that are adequate to ensure the continued operation of the
  122  board. Fees shall be based on department estimates of the
  123  revenue required to implement this chapter and the provisions of
  124  law with respect to the regulation of engineers and professional
  125  structural engineers.
  126         (6) The fee for a temporary registration or certificate to
  127  practice engineering or professional structural engineering
  128  shall not exceed $25 for an individual or $50 for a business
  129  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 licensed professional
  139  structural engineer; 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. Present subsections (3) through (7) of section
  143  471.015, Florida Statutes, are redesignated as subsections (4)
  144  through (8), respectively, a new subsection (3) is added to that
  145  section, and present subsection (3) of that section is amended,
  146  to read:
  147         471.015 Licensure.—
  148         (3)(a) The management corporation shall issue a
  149  professional structural engineer license to any applicant who
  150  the board certifies as qualified to practice professional
  151  structural engineering and who meets all of the following
  152  requirements:
  153         1. Is licensed under this chapter as an engineer or is
  154  qualified for licensure as an engineer.
  155         2. Submits an application in the format prescribed by the
  156  board.
  157         3. Pays a fee established by the board under s. 471.011.
  158         4. Provides satisfactory evidence of good moral character,
  159  as defined by the board.
  160         5. Provides a record of 4 years of active professional
  161  structural engineering experience, as defined by the board,
  162  under the supervision of a licensed professional engineer.
  163         6. Has successfully passed the 16-hour National Council of
  164  Examiners for Engineering and Surveying Structural Engineering
  165  examination.
  166         (b) Before March 1, 2022, an applicant who satisfies the
  167  requirements of subparagraphs (a)1.-4. may satisfy subparagraphs
  168  (a)5. and 6. by:
  169         1. Submitting a signed affidavit in the format prescribed
  170  by the board which states that the applicant is currently a
  171  licensed engineer in this state and has been engaged in the
  172  practice of professional structural engineering with a record of
  173  at least 4 years of active professional structural engineering
  174  design experience;
  175         2. Possessing a current professional engineering license
  176  and filing the necessary documentation as required by the board,
  177  or possessing a current threshold inspector license; and
  178         3.Agreeing to meet with the board or a representative of
  179  the board, upon the board’s request, for the purpose of
  180  evaluating the applicant’s qualifications for licensure.
  181         (c)An applicant who is qualified for licensure as an
  182  engineer under s. 471.013 may simultaneously apply for licensure
  183  as a professional structural engineer if all requirements of s.
  184  471.013 and this subsection are met.
  185         (4)(3) The board shall certify as qualified for a license
  186  by endorsement an applicant who:
  187         (a) In engineering, by endorsement, an applicant who
  188  qualifies to take the fundamentals examination and the
  189  principles and practice examination as set forth in s. 471.013,
  190  has passed a United States national, regional, state, or
  191  territorial licensing examination that is substantially
  192  equivalent to the fundamentals examination and principles and
  193  practice examination required by s. 471.013, and has satisfied
  194  the experience requirements set forth in paragraph (2)(a) and s.
  195  471.013; or
  196         (b) In engineering or professional structural engineering,
  197  by endorsement, an applicant who holds a valid license to
  198  practice engineering, or, for professional structural
  199  engineering, an applicant who holds a valid license to practice
  200  professional structural engineering, issued by another state or
  201  territory of the United States, if the criteria for issuance of
  202  the license were substantially the same as the licensure
  203  criteria that existed in this state at the time the license was
  204  issued; or
  205         (c) In professional structural engineering, by endorsement,
  206  an applicant who holds a valid license to practice professional
  207  structural engineering issued by another state or territory of
  208  the United States and who has successfully passed one of the
  209  following 16-hour examination combinations:
  210         1. The 8-hour National Council of Examiners for Engineering
  211  and Surveying Structural Engineering I examination and the 8
  212  hour National Council of Examiners for Engineering and Surveying
  213  Structural Engineering II examination.
  214         2.The 8-hour National Council of Examiners for Engineering
  215  and Surveying Structural Engineering II examination and either
  216  the 8-hour National Council of Examiners for Engineering and
  217  Surveying Civil: Structural examination or the 8-hour National
  218  Council of Examiners for Engineering and Surveying Architectural
  219  Engineering examination.
  220         3.The 16-hour Western States Structural Engineering
  221  examination.
  222         4.The 8-hour National Council of Examiners for Engineering
  223  and Surveying Structural Engineering II examination and either
  224  the 8-hour California Structural Engineering Seismic III
  225  examination or the 8-hour Washington Structural Engineering III
  226  examination.
  227         Section 6. Section 471.019, Florida Statutes, is amended to
  228  read:
  229         471.019 Reactivation.—The board shall establish by rule a
  230  reinstatement process for void licenses. The rule shall
  231  prescribe appropriate continuing education requirements for
  232  reactivating a license. The continuing education requirements
  233  for reactivating a license for a licensed engineer or a licensed
  234  professional structural engineer may not exceed the continuing
  235  education requirements prescribed pursuant to s. 471.017 for
  236  each year the license was inactive.
  237         Section 7. Subsection (2) of section 471.025, Florida
  238  Statutes, is amended to read:
  239         471.025 Seals.—
  240         (2) It is unlawful for any person to seal or digitally sign
  241  any document with a seal or digital signature after his or her
  242  license has expired or been revoked or suspended, unless such
  243  license is has been reinstated or reissued. When an engineer’s
  244  or professional structural engineer’s license is has been
  245  revoked or suspended by the board, the licensee shall, within a
  246  period of 30 days after the revocation or suspension has become
  247  effective, surrender his or her seal to the executive director
  248  of the board and confirm to the executive director the
  249  cancellation of the licensee’s digital signature in accordance
  250  with ss. 668.001-668.006. In the event the engineer’s license
  251  has been suspended for a period of time, his or her seal shall
  252  be returned to him or her upon expiration of the suspension
  253  period.
  254         Section 8. Present paragraphs (b) through (g) of subsection
  255  (1) of section 471.031, Florida Statutes, are redesignated as
  256  paragraphs (c) through (h), respectively, a new paragraph (b) is
  257  added to that subsection, and present paragraph (b) of that
  258  subsection is amended, to read:
  259         471.031 Prohibitions; penalties.—
  260         (1) A person may not:
  261         (b) Beginning March 1, 2022, practice professional
  262  structural engineering unless the person is licensed as a
  263  professional structural engineer or exempt from licensure under
  264  this chapter.
  265         (c)(b)1. Except as provided in subparagraph 2. or
  266  subparagraph 3., use the name or title “professional engineer”
  267  or any other title, designation, words, letters, abbreviations,
  268  or device tending to indicate that such person holds an active
  269  license as an engineer when the person is not licensed under
  270  this chapter, including, but not limited to, the following
  271  titles: “agricultural engineer,” “air-conditioning engineer,”
  272  “architectural engineer,” “building engineer,” “chemical
  273  engineer,” “civil engineer,” “control systems engineer,”
  274  “electrical engineer,” “environmental engineer,” “fire
  275  protection engineer,” “industrial engineer,” “manufacturing
  276  engineer,” “mechanical engineer,” “metallurgical engineer,”
  277  “mining engineer,” “minerals engineer,” “marine engineer,”
  278  “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
  279  “structural engineer,” “transportation engineer,” “software
  280  engineer,” “computer hardware engineer,” or “systems engineer.”
  281         2. Any person who is exempt from licensure under s.
  282  471.003(2)(j) may use the title or personnel classification of
  283  “engineer” in the scope of his or her work under that exemption
  284  if the title does not include or connote the term “licensed
  285  engineer,” “professional engineer,” “registered engineer,”
  286  “licensed professional engineer,” “licensed engineer,”
  287  “registered professional engineer,” “licensed structural
  288  engineer,” “professional structural engineer,” or “registered
  289  structural engineer or “licensed professional engineer.”
  290         3. Any person who is exempt from licensure under s.
  291  471.003(2)(c) or (e) may use the title or personnel
  292  classification of “engineer” in the scope of his or her work
  293  under that exemption if the title does not include or connote
  294  the term “licensed engineer,” “professional engineer,”
  295  “registered engineer,” “licensed professional engineer,”
  296  “licensed engineer,” “registered professional engineer,”
  297  “licensed structural engineer,” “professional structural
  298  engineer,” “registered structural engineer,” or “structural
  299  engineer,” or “licensed professional engineer” and if that
  300  person is a graduate from an approved engineering curriculum of
  301  4 years or more in a school, college, or university which has
  302  been approved by the board.
  303         Section 9. Paragraphs (b) through (e) and (g) of subsection
  304  (1) and subsection (4) of section 471.033, Florida Statutes, are
  305  amended to read:
  306         471.033 Disciplinary proceedings.—
  307         (1) The following acts constitute grounds for which the
  308  disciplinary actions in subsection (3) may be taken:
  309         (b) Attempting to procure a license to practice engineering
  310  or professional structural engineering by bribery or fraudulent
  311  misrepresentations.
  312         (c) Having a license to practice engineering or
  313  professional structural engineering revoked, suspended, or
  314  otherwise acted against, including the denial of licensure, by
  315  the licensing authority of another state, territory, or country,
  316  for any act that would constitute a violation of this chapter or
  317  chapter 455.
  318         (d) Being convicted or found guilty of, or entering a plea
  319  of nolo contendere to, regardless of adjudication, a crime in
  320  any jurisdiction which directly relates to the practice of
  321  engineering, professional structural engineering, or the ability
  322  to practice engineering or professional structural engineering.
  323         (e) Making or filing a report or record that the licensee
  324  knows to be false, willfully failing to file a report or record
  325  required by state or federal law, willfully impeding or
  326  obstructing such filing, or inducing another person to impede or
  327  obstruct such filing. Such reports or records include only those
  328  which that are signed in the capacity of a licensed engineer or
  329  licensed professional structural engineer.
  330         (g) Engaging in fraud or deceit, negligence, incompetence,
  331  or misconduct, in the practice of engineering or professional
  332  structural engineering.
  333         (4) The management corporation shall reissue the license of
  334  a disciplined engineer, professional structural engineer, or
  335  business upon certification by the board that the disciplined
  336  person has complied with all of the terms and conditions set
  337  forth in the final order.
  338         Section 10. Subsection (1) of section 471.037, Florida
  339  Statutes, is amended to read:
  340         471.037 Effect of chapter locally.—
  341         (1) Nothing contained in this chapter shall be construed to
  342  repeal, amend, limit, or otherwise affect any local building
  343  code or zoning law or ordinance, now or hereafter enacted, which
  344  is more restrictive with respect to the services of licensed
  345  engineers or licensed professional structural engineers than the
  346  provisions of this
  347  
  348  ================= T I T L E  A M E N D M E N T ================
  349  And the title is amended as follows:
  350         Delete lines 5 - 30
  351  and insert:
  352         prohibiting a person who is not a licensed
  353         professional structural engineer from using specified
  354         names and titles or practicing professional structural
  355         engineering, after a specified date; exempting certain
  356         persons from licensing requirements; amending s.
  357         471.005, F.S.; defining terms; revising definitions;
  358         amending s. 471.011, F.S.; authorizing the Board of
  359         Professional Engineers to establish fees relating to
  360         professional structural engineering licensing;
  361         amending s. 471.013, F.S.; authorizing the board to
  362         refuse to certify an applicant for a professional
  363         structural engineering license for certain reasons;
  364         amending s. 471.015, F.S.; providing licensure and
  365         application requirements for a professional structural
  366         engineer license; exempting certain applicants who
  367         apply for licensure before a specified date from
  368         passage of a certain national examination, under
  369         certain conditions; requiring the board to certify
  370         certain applicants for licensure by endorsement;
  371         amending ss. 471.019 and 471.025, F.S.; conforming
  372         provisions to changes made by the act; amending s.
  373         471.031, F.S.; prohibiting certain persons from
  374         practicing professional structural engineering after a
  375         specified date; prohibiting specified persons from
  376         using specified names and titles; amending s. 471.033,
  377         F.S.; providing acts that constitute grounds for
  378         disciplinary action, including civil penalties,
  379         against a professional structural engineer;