Bill Amendment: FL H0217 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Engineers

Status: 2015-06-15 - Veto Message received (2015 Special Session A) [H0217 Detail]

Download: Florida-2015-H0217-Senate_Floor_Amendment_Delete_All_790514.html

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       Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 217
       
       
       
       
       
       
                                Ì790514ÊÎ790514                         
       
                              LEGISLATIVE ACTION                        
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       Senator Altman moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2) of section 471.003,
    6  Florida Statutes, are amended to read:
    7         471.003 Qualifications for practice; exemptions.—
    8         (1)(a) No person other than a duly licensed engineer shall
    9  practice engineering or use the name or title of “licensed
   10  engineer,” “professional engineer,” “registered engineer,” or
   11  any other title, designation, words, letters, abbreviations, or
   12  device tending to indicate that such person holds an active
   13  license as an engineer in this state.
   14         (b) Beginning March 1, 2017, no person other than a duly
   15  licensed structural engineer shall practice structural
   16  engineering or use the name or title of “licensed structural
   17  engineer,” “professional structural engineer,” “registered
   18  structural engineer,” “structural engineer,” or any other title,
   19  designation, words, letters, abbreviations, or device tending to
   20  indicate that such person holds an active license as a
   21  structural engineer in this state.
   22         (2) The following persons are not required to be licensed
   23  under the provisions of this chapter as a licensed engineer or
   24  structural engineer:
   25         (a) Any person practicing engineering for the improvement
   26  of, or otherwise affecting, property legally owned by her or
   27  him, unless such practice involves a public utility or the
   28  public health, safety, or welfare or the safety or health of
   29  employees. This paragraph shall not be construed as authorizing
   30  the practice of engineering through an agent or employee who is
   31  not duly licensed under the provisions of this chapter.
   32         (b)1. A person acting as a public officer employed by any
   33  state, county, municipal, or other governmental unit of this
   34  state when working on any project the total estimated cost of
   35  which is $10,000 or less.
   36         2. Persons who are employees of any state, county,
   37  municipal, or other governmental unit of this state and who are
   38  the subordinates of a person in responsible charge licensed
   39  under this chapter, to the extent that the supervision meets
   40  standards adopted by rule of the board.
   41         (c) Regular full-time employees of a corporation not
   42  engaged in the practice of engineering as such, whose practice
   43  of engineering for such corporation is limited to the design or
   44  fabrication of manufactured products and servicing of such
   45  products.
   46         (d) Regular full-time employees of a public utility or
   47  other entity subject to regulation by the Florida Public Service
   48  Commission, Federal Energy Regulatory Commission, or Federal
   49  Communications Commission.
   50         (e) Employees of a firm, corporation, or partnership who
   51  are the subordinates of a person in responsible charge, licensed
   52  under this chapter.
   53         (f) Any person as contractor in the execution of work
   54  designed by a professional engineer or structural engineer or in
   55  the supervision of the construction of work as a foreman or
   56  superintendent.
   57         (g) A licensed surveyor and mapper who takes, or contracts
   58  for, professional engineering services incidental to her or his
   59  practice of surveying and mapping and who delegates such
   60  engineering services to a licensed professional engineer
   61  qualified within her or his firm or contracts for such
   62  professional engineering services to be performed by others who
   63  are licensed professional engineers under the provisions of this
   64  chapter.
   65         (h) Any electrical, plumbing, air-conditioning, or
   66  mechanical contractor whose practice includes the design and
   67  fabrication of electrical, plumbing, air-conditioning, or
   68  mechanical systems, respectively, which she or he installs by
   69  virtue of a license issued under chapter 489, under part I of
   70  chapter 553, or under any special act or ordinance when working
   71  on any construction project which:
   72         1. Requires an electrical or plumbing or air-conditioning
   73  and refrigeration system with a value of $125,000 or less; and
   74         2.a. Requires an aggregate service capacity of 600 amperes
   75  (240 volts) or less on a residential electrical system or 800
   76  amperes (240 volts) or less on a commercial or industrial
   77  electrical system;
   78         b. Requires a plumbing system with fewer than 250 fixture
   79  units; or
   80         c. Requires a heating, ventilation, and air-conditioning
   81  system not to exceed a 15-ton-per-system capacity, or if the
   82  project is designed to accommodate 100 or fewer persons.
   83         (i) Any general contractor, certified or registered
   84  pursuant to the provisions of chapter 489, when negotiating or
   85  performing services under a design-build contract as long as the
   86  engineering services offered or rendered in connection with the
   87  contract are offered and rendered by an engineer or structural
   88  engineer licensed in accordance with this chapter.
   89         (j) Any defense, space, or aerospace company, whether a
   90  sole proprietorship, firm, limited liability company,
   91  partnership, joint venture, joint stock association,
   92  corporation, or other business entity, subsidiary, or affiliate,
   93  or any employee, contract worker, subcontractor, or independent
   94  contractor of the defense, space, or aerospace company who
   95  provides engineering for aircraft, space launch vehicles, launch
   96  services, satellites, satellite services, or other defense,
   97  space, or aerospace-related product or services, or components
   98  thereof.
   99         Section 2. Subsections (14) and (15) are added to section
  100  471.005, Florida Statutes, to read:
  101         471.005 Definitions.—As used in this chapter, the term:
  102         (14) “Licensed structural engineer,” “professional
  103  structural engineer,” “registered structural engineer,” or
  104  “structural engineer” means a person who is licensed to engage
  105  in the practice of structural engineering under this chapter.
  106         (15) “Structural engineering” means an engineering service
  107  or creative work that includes the structural analysis and
  108  design of structural components or systems for threshold
  109  buildings as defined in s. 553.71. The term includes
  110  engineering, as defined in subsection (7), which requires
  111  significant structural engineering education, training,
  112  experience, and examination, as determined by the board.
  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 structural
  125  engineers.
  126         (6) The fee for a temporary registration or certificate to
  127  practice engineering or structural engineering shall not exceed
  128  $25 for an individual or $50 for a business firm.
  129         Section 4. Paragraph (a) of subsection (2) of section
  130  471.013, Florida Statutes, is amended to read:
  131         471.013 Examinations; prerequisites.—
  132         (2)(a) The board may refuse to certify an applicant for
  133  failure to satisfy the requirement of good moral character only
  134  if:
  135         1. There is a substantial connection between the lack of
  136  good moral character of the applicant and the professional
  137  responsibilities of a licensed engineer or structural engineer;
  138  and
  139         2. The finding by the board of lack of good moral character
  140  is supported by clear and convincing evidence.
  141         Section 5. Present subsections (3) through (7) of section
  142  471.015, Florida Statutes, are redesignated as subsections (4)
  143  through (8), respectively, present subsection (3) is amended,
  144  and a new subsection (3) is added to that section, to read:
  145         471.015 Licensure.—
  146         (3)(a) The management corporation shall issue a structural
  147  engineer license to any applicant who the board certifies as
  148  qualified to practice structural engineering and who:
  149         1. Is licensed under this chapter as an engineer or is
  150  qualified for licensure as an engineer.
  151         2. Submits an application in the format prescribed by the
  152  board.
  153         3. Pays a fee established by the board under s. 471.011.
  154         4. Provides satisfactory evidence of good moral character,
  155  as defined by the board.
  156         5. Provides a record of 4 years of active structural
  157  engineering experience, as defined by the board, under the
  158  supervision of a licensed professional engineer.
  159         6. Has successfully passed the National Council of
  160  Examiners for Engineering and Surveying Structural Engineering
  161  examination.
  162         (b) Before September 1, 2016, an applicant who satisfies
  163  subparagraphs (a)1.-4. may satisfy subparagraphs (a)5. and 6.
  164  by:
  165         1. Submitting a signed affidavit in the format prescribed
  166  by the board which states that the applicant is currently a
  167  licensed engineer in the state and has been engaged in the
  168  practice of structural engineering with a record of at least 4
  169  years of active structural engineering design experience;
  170         2. Possessing a current professional engineering license
  171  and filing the necessary documentation as required by the board,
  172  or possessing a current threshold inspector license; and
  173         3. Agreeing to meet with the board or a representative of
  174  the board, upon the board’s request, for the purpose of
  175  evaluating the applicant’s qualifications for licensure.
  176         (c) An applicant who is qualified for licensure as an
  177  engineer under s. 471.013 may simultaneously apply for licensure
  178  as a structural engineer if all requirements of s. 471.013 and
  179  this subsection are met.
  180         (4)(3) The board shall certify as qualified for a license
  181  by endorsement an applicant who:
  182         (a) In engineering, by endorsement, an applicant who
  183  qualifies to take the fundamentals examination and the
  184  principles and practice examination as set forth in s. 471.013,
  185  has passed a United States national, regional, state, or
  186  territorial licensing examination that is substantially
  187  equivalent to the fundamentals examination and principles and
  188  practice examination required by s. 471.013, and has satisfied
  189  the experience requirements set forth in s. 471.013; or
  190         (b) In engineering or structural engineering, by
  191  endorsement, an applicant who holds a valid license to practice
  192  engineering, or, for structural engineering, an applicant who
  193  holds a valid license to practice structural engineering, issued
  194  by another state or territory of the United States, if the
  195  criteria for issuance of the license were substantially the same
  196  as the licensure criteria that existed in this state at the time
  197  the license was issued; or
  198         (c) In structural engineering, by endorsement, an applicant
  199  who holds a valid license to practice structural engineering
  200  issued by another state or territory of the United States and
  201  who has successfully passed one of the following 16-hour
  202  examination combinations:
  203         1. The 8-hour National Council of Examiners for Engineering
  204  and Surveying Structural Engineering I examination and the 8
  205  hour National Council of Examiners for Engineering and Surveying
  206  Structural Engineering II examination.
  207         2. The 8-hour National Council of Examiners for Engineering
  208  and Surveying Structural Engineering II examination and the 8
  209  hour National Council of Examiners for Engineering and Surveying
  210  Civil: Structural examination or the 8-hour National Council of
  211  Examiners for Engineering and Surveying Architectural
  212  Engineering examination.
  213         3. The 16-hour Western States Structural Engineering
  214  examination.
  215         4. The 8-hour National Council of Examiners for Engineering
  216  Structural Engineering II examination and the 8-hour California
  217  Structural Engineering Seismic III examination or the 8-hour
  218  Washington Structural Engineering III examination.
  219         Section 6. Section 471.019, Florida Statutes, is amended to
  220  read:
  221         471.019 Reactivation.—The board shall prescribe by rule
  222  continuing education requirements for reactivating a license.
  223  The continuing education requirements for reactivating a license
  224  for a licensed engineer or structural engineer may not exceed 12
  225  classroom hours for each year the license was inactive.
  226         Section 7. Subsection (2) of section 471.025, Florida
  227  Statutes, is amended to read:
  228         471.025 Seals.—
  229         (2) It is unlawful for any person to seal or digitally sign
  230  any document with a seal or digital signature after his or her
  231  license has expired or been revoked or suspended, unless such
  232  license is has been reinstated or reissued. When an engineer’s
  233  or structural engineer’s license is has been revoked or
  234  suspended by the board, the licensee shall, within a period of
  235  30 days after the revocation or suspension has become effective,
  236  surrender his or her seal to the executive director of the board
  237  and confirm to the executive director the cancellation of the
  238  licensee’s digital signature in accordance with ss. 668.001
  239  668.006. In the event the engineer’s license has been suspended
  240  for a period of time, his or her seal shall be returned to him
  241  or her upon expiration of the suspension period.
  242         Section 8. Present paragraphs (b) through (g) of subsection
  243  (1) of section 471.031, Florida Statutes, are redesignated as
  244  paragraphs (c) through (h), respectively, present paragraph (b)
  245  of that subsection is amended, and a new paragraph (b) is added
  246  to that subsection, to read:
  247         471.031 Prohibitions; penalties.—
  248         (1) A person may not:
  249         (b) Beginning March 1, 2017, practice structural
  250  engineering unless the person is licensed as a structural
  251  engineer or exempt from licensure under this chapter.
  252         (c)(b)1. Except as provided in subparagraph 2. or
  253  subparagraph 3., use the name or title “professional engineer”
  254  or any other title, designation, words, letters, abbreviations,
  255  or device tending to indicate that such person holds an active
  256  license as an engineer when the person is not licensed under
  257  this chapter, including, but not limited to, the following
  258  titles: “agricultural engineer,” “air-conditioning engineer,”
  259  “architectural engineer,” “building engineer,” “chemical
  260  engineer,” “civil engineer,” “control systems engineer,”
  261  “electrical engineer,” “environmental engineer,” “fire
  262  protection engineer,” “industrial engineer,” “manufacturing
  263  engineer,” “mechanical engineer,” “metallurgical engineer,”
  264  “mining engineer,” “minerals engineer,” “marine engineer,”
  265  “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
  266  “structural engineer,” “transportation engineer,” “software
  267  engineer,” “computer hardware engineer,” or “systems engineer.”
  268         2. Any person who is exempt from licensure under s.
  269  471.003(2)(j) may use the title or personnel classification of
  270  “engineer” in the scope of his or her work under that exemption
  271  if the title does not include or connote the term “licensed
  272  engineer,” “professional engineer,” “registered engineer,”
  273  “licensed professional engineer,” “licensed engineer,”
  274  “registered professional engineer,” “licensed structural
  275  engineer,” “professional structural engineer,” “registered
  276  structural engineer,” or “structural engineer.” or “licensed
  277  professional engineer.”
  278         3. Any person who is exempt from licensure under s.
  279  471.003(2)(c) or (e) may use the title or personnel
  280  classification of “engineer” in the scope of his or her work
  281  under that exemption if the title does not include or connote
  282  the term “licensed engineer,” “professional engineer,”
  283  “registered engineer,” “licensed professional engineer,”
  284  “licensed engineer,” “registered professional engineer,”
  285  “licensed structural engineer,” “professional structural
  286  engineer,” “registered structural engineer,” or “structural
  287  engineer,” or “licensed professional engineer” and if that
  288  person is a graduate from an approved engineering curriculum of
  289  4 years or more in a school, college, or university which has
  290  been approved by the board.
  291         Section 9. Paragraphs (b) through (e) and (g) of subsection
  292  (1) and subsection (4) of section 471.033, Florida Statutes, are
  293  amended to read:
  294         471.033 Disciplinary proceedings.—
  295         (1) The following acts constitute grounds for which the
  296  disciplinary actions in subsection (3) may be taken:
  297         (b) Attempting to procure a license to practice engineering
  298  or structural engineering by bribery or fraudulent
  299  misrepresentations.
  300         (c) Having a license to practice engineering or structural
  301  engineering revoked, suspended, or otherwise acted against,
  302  including the denial of licensure, by the licensing authority of
  303  another state, territory, or country, for any act that would
  304  constitute a violation of this chapter or chapter 455.
  305         (d) Being convicted or found guilty of, or entering a plea
  306  of nolo contendere to, regardless of adjudication, a crime in
  307  any jurisdiction which directly relates to the practice of
  308  engineering, structural engineering, or the ability to practice
  309  engineering or structural engineering.
  310         (e) Making or filing a report or record that the licensee
  311  knows to be false, willfully failing to file a report or record
  312  required by state or federal law, willfully impeding or
  313  obstructing such filing, or inducing another person to impede or
  314  obstruct such filing. Such reports or records include only those
  315  which that are signed in the capacity of a licensed engineer or
  316  licensed structural engineer.
  317         (g) Engaging in fraud or deceit, negligence, incompetence,
  318  or misconduct, in the practice of engineering or structural
  319  engineering.
  320         (4) The management corporation shall reissue the license of
  321  a disciplined engineer, structural engineer, or business upon
  322  certification by the board that the disciplined person has
  323  complied with all of the terms and conditions set forth in the
  324  final order.
  325         Section 10. Subsection (1) of section 471.037, Florida
  326  Statutes, is amended to read:
  327         471.037 Effect of chapter locally.—
  328         (1) Nothing contained in this chapter shall be construed to
  329  repeal, amend, limit, or otherwise affect any local building
  330  code or zoning law or ordinance, now or hereafter enacted, which
  331  is more restrictive with respect to the services of licensed
  332  engineers or structural engineers than the provisions of this
  333  chapter.
  334         Section 11. This act shall take effect July 1, 2015.
  335  
  336  ================= T I T L E  A M E N D M E N T ================
  337  And the title is amended as follows:
  338         Delete everything before the enacting clause
  339  and insert:
  340                        A bill to be entitled                      
  341         An act relating to engineers; amending s. 471.003,
  342         F.S.; prohibiting a person who is not licensed as an
  343         engineer or a structural engineer from using specified
  344         names and titles or practicing engineering or
  345         structural engineering; exempting certain persons from
  346         the licensing requirements; amending s. 471.005, F.S.;
  347         providing definitions; amending s. 471.011, F.S.;
  348         establishing various fees for the examination and
  349         licensure of structural engineers; amending s.
  350         471.013, F.S.; revising provisions authorizing the
  351         Board of Professional Engineers to refuse to certify
  352         an applicant due to lack of good moral character to
  353         include structural engineer licensure applicants, to
  354         conform; amending s. 471.015, F.S.; providing
  355         licensure and application requirements for a
  356         structural engineer license; exempting, under certain
  357         conditions, a structural engineer who applies for
  358         licensure before a specified date from passage of a
  359         certain national examination; requiring the board to
  360         certify certain applicants for licensure by
  361         endorsement; amending ss. 471.019 and 471.025, F.S.;
  362         revising continuing education requirements for
  363         reactivation of a license and provisions requiring an
  364         engineer with a revoked or suspended license to
  365         surrender his or her seal, respectively, to include
  366         structural engineers, to conform; amending s. 471.031,
  367         F.S.; prohibiting specified persons from using
  368         specified names and titles; amending s. 471.033, F.S.;
  369         providing various acts which constitute grounds for
  370         disciplinary action against a structural engineer, to
  371         which penalties apply; amending s. 471.037, F.S.;
  372         revising applicability, to conform to changes made by
  373         the act; providing an effective date.