Bill Text: FL S0338 | 2015 | Regular Session | Comm Sub
Bill Title: Engineers
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Vetoed) 2015-04-22 - Laid on Table [S0338 Detail]
Download: Florida-2015-S0338-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 338
By the Committees on Fiscal Policy; and Regulated Industries;
and Senator Altman
594-03789-15 2015338c2
1 A bill to be entitled
2 An act relating to engineers; amending s. 471.003,
3 F.S.; prohibiting a person who is not licensed as an
4 engineer or a structural engineer from using specified
5 names and titles or practicing engineering or
6 structural engineering; exempting certain persons from
7 the licensing requirements; amending s. 471.005, F.S.;
8 providing definitions; amending s. 471.011, F.S.;
9 establishing various fees for the examination and
10 licensure of structural engineers; amending s.
11 471.013, F.S.; revising provisions authorizing the
12 Board of Professional Engineers to refuse to certify
13 an applicant due to lack of good moral character to
14 include structural engineer licensure applicants, to
15 conform; amending s. 471.015, F.S.; providing
16 licensure and application requirements for a
17 structural engineer license; exempting, under certain
18 conditions, a structural engineer who applies for
19 licensure before a specified date from passage of a
20 certain national examination; requiring the board to
21 certify certain applicants for licensure by
22 endorsement; amending ss. 471.019 and 471.025, F.S.;
23 revising continuing education requirements for
24 reactivation of a license and provisions requiring an
25 engineer with a revoked or suspended license to
26 surrender his or her seal, respectively, to include
27 structural engineers, to conform; amending s. 471.031,
28 F.S.; prohibiting specified persons from using
29 specified names and titles; amending s. 471.033, F.S.;
30 providing various acts which constitute grounds for
31 disciplinary action against a structural engineer, to
32 which penalties apply; amending s. 471.037, F.S.;
33 revising applicability, to conform to changes made by
34 the act; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsections (1) and (2) of section 471.003,
39 Florida Statutes, are amended to read:
40 471.003 Qualifications for practice; exemptions.—
41 (1)(a) No person other than a duly licensed engineer shall
42 practice engineering or use the name or title of “licensed
43 engineer,” “professional engineer,” “registered engineer,” or
44 any other title, designation, words, letters, abbreviations, or
45 device tending to indicate that such person holds an active
46 license as an engineer in this state.
47 (b) Beginning March 1, 2017, no person other than a duly
48 licensed structural engineer shall practice structural
49 engineering or use the name or title of “licensed structural
50 engineer,” “professional structural engineer,” “registered
51 structural engineer,” “structural engineer,” or any other title,
52 designation, words, letters, abbreviations, or device tending to
53 indicate that such person holds an active license as a
54 structural engineer in this state.
55 (2) The following persons are not required to be licensed
56 under the provisions of this chapter as a licensed engineer or
57 structural engineer:
58 (a) Any person practicing engineering for the improvement
59 of, or otherwise affecting, property legally owned by her or
60 him, unless such practice involves a public utility or the
61 public health, safety, or welfare or the safety or health of
62 employees. This paragraph shall not be construed as authorizing
63 the practice of engineering through an agent or employee who is
64 not duly licensed under the provisions of this chapter.
65 (b)1. A person acting as a public officer employed by any
66 state, county, municipal, or other governmental unit of this
67 state when working on any project the total estimated cost of
68 which is $10,000 or less.
69 2. Persons who are employees of any state, county,
70 municipal, or other governmental unit of this state and who are
71 the subordinates of a person in responsible charge licensed
72 under this chapter, to the extent that the supervision meets
73 standards adopted by rule of the board.
74 (c) Regular full-time employees of a corporation not
75 engaged in the practice of engineering as such, whose practice
76 of engineering for such corporation is limited to the design or
77 fabrication of manufactured products and servicing of such
78 products.
79 (d) Regular full-time employees of a public utility or
80 other entity subject to regulation by the Florida Public Service
81 Commission, Federal Energy Regulatory Commission, or Federal
82 Communications Commission.
83 (e) Employees of a firm, corporation, or partnership who
84 are the subordinates of a person in responsible charge, licensed
85 under this chapter.
86 (f) Any person as contractor in the execution of work
87 designed by a professional engineer or structural engineer or in
88 the supervision of the construction of work as a foreman or
89 superintendent.
90 (g) A licensed surveyor and mapper who takes, or contracts
91 for, professional engineering services incidental to her or his
92 practice of surveying and mapping and who delegates such
93 engineering services to a licensed professional engineer
94 qualified within her or his firm or contracts for such
95 professional engineering services to be performed by others who
96 are licensed professional engineers under the provisions of this
97 chapter.
98 (h) Any electrical, plumbing, air-conditioning, or
99 mechanical contractor whose practice includes the design and
100 fabrication of electrical, plumbing, air-conditioning, or
101 mechanical systems, respectively, which she or he installs by
102 virtue of a license issued under chapter 489, under part I of
103 chapter 553, or under any special act or ordinance when working
104 on any construction project which:
105 1. Requires an electrical or plumbing or air-conditioning
106 and refrigeration system with a value of $125,000 or less; and
107 2.a. Requires an aggregate service capacity of 600 amperes
108 (240 volts) or less on a residential electrical system or 800
109 amperes (240 volts) or less on a commercial or industrial
110 electrical system;
111 b. Requires a plumbing system with fewer than 250 fixture
112 units; or
113 c. Requires a heating, ventilation, and air-conditioning
114 system not to exceed a 15-ton-per-system capacity, or if the
115 project is designed to accommodate 100 or fewer persons.
116 (i) Any general contractor, certified or registered
117 pursuant to the provisions of chapter 489, when negotiating or
118 performing services under a design-build contract as long as the
119 engineering services offered or rendered in connection with the
120 contract are offered and rendered by an engineer or structural
121 engineer licensed in accordance with this chapter.
122 (j) Any defense, space, or aerospace company, whether a
123 sole proprietorship, firm, limited liability company,
124 partnership, joint venture, joint stock association,
125 corporation, or other business entity, subsidiary, or affiliate,
126 or any employee, contract worker, subcontractor, or independent
127 contractor of the defense, space, or aerospace company who
128 provides engineering for aircraft, space launch vehicles, launch
129 services, satellites, satellite services, or other defense,
130 space, or aerospace-related product or services, or components
131 thereof.
132 Section 2. Subsections (14) and (15) are added to section
133 471.005, Florida Statutes, to read:
134 471.005 Definitions.—As used in this chapter, the term:
135 (14) “Licensed structural engineer,” “professional
136 structural engineer,” “registered structural engineer,” or
137 “structural engineer” means a person who is licensed to engage
138 in the practice of structural engineering under this chapter.
139 (15) “Structural engineering” means an engineering service
140 or creative work that includes the structural analysis and
141 design of structural components or systems for threshold
142 buildings as defined in s. 553.71. The term includes
143 engineering, as defined in subsection (7), which requires
144 significant structural engineering education, training,
145 experience, and examination, as determined by the board.
146 Section 3. Subsections (1) and (6) of section 471.011,
147 Florida Statutes, are amended to read:
148 471.011 Fees.—
149 (1) The board by rule may establish fees to be paid for
150 applications, examination, reexamination, licensing and renewal,
151 inactive status application and reactivation of inactive
152 licenses, and recordmaking and recordkeeping. The board may also
153 establish by rule a delinquency fee. The board shall establish
154 fees that are adequate to ensure the continued operation of the
155 board. Fees shall be based on department estimates of the
156 revenue required to implement this chapter and the provisions of
157 law with respect to the regulation of engineers and structural
158 engineers.
159 (6) The fee for a temporary registration or certificate to
160 practice engineering or structural engineering shall not exceed
161 $25 for an individual or $50 for a business firm.
162 Section 4. Paragraph (a) of subsection (2) of section
163 471.013, Florida Statutes, is amended to read:
164 471.013 Examinations; prerequisites.—
165 (2)(a) The board may refuse to certify an applicant for
166 failure to satisfy the requirement of good moral character only
167 if:
168 1. There is a substantial connection between the lack of
169 good moral character of the applicant and the professional
170 responsibilities of a licensed engineer or structural engineer;
171 and
172 2. The finding by the board of lack of good moral character
173 is supported by clear and convincing evidence.
174 Section 5. Present subsections (3) through (7) of section
175 471.015, Florida Statutes, are redesignated as subsections (4)
176 through (8), respectively, present subsection (3) is amended,
177 and a new subsection (3) is added to that section, to read:
178 471.015 Licensure.—
179 (3)(a) The management corporation shall issue a structural
180 engineer license to any applicant who the board certifies as
181 qualified to practice structural engineering and who:
182 1. Is licensed under this chapter as an engineer or is
183 qualified for licensure as an engineer.
184 2. Submits an application in the format prescribed by the
185 board.
186 3. Pays a fee established by the board under s. 471.011.
187 4. Provides satisfactory evidence of good moral character,
188 as defined by the board.
189 5. Provides a record of 4 years of active structural
190 engineering experience, as defined by the board, under the
191 supervision of a licensed professional engineer.
192 6. Has successfully passed the National Council of
193 Examiners for Engineering and Surveying Structural Engineering
194 examination.
195 (b) Before September 1, 2016, an applicant who satisfies
196 subparagraphs (a)1.-4. may satisfy subparagraphs (a)5. and 6.
197 by:
198 1. Submitting a signed affidavit in the format prescribed
199 by the board which states that the applicant is currently a
200 licensed engineer in the state and has been engaged in the
201 practice of structural engineering with a record of at least 4
202 years of active structural engineering design experience;
203 2. Possessing a current professional engineering license
204 and filing the necessary documentation as required by the board,
205 or possessing a current threshold inspector license; and
206 3. Agreeing to meet with the board or a representative of
207 the board, upon the board’s request, for the purpose of
208 evaluating the applicant’s qualifications for licensure.
209 (c) An applicant who is qualified for licensure as an
210 engineer under s. 471.013 may simultaneously apply for licensure
211 as a structural engineer if all requirements of s. 471.013 and
212 this subsection are met.
213 (4)(3) The board shall certify as qualified for a license
214 by endorsement an applicant who:
215 (a) In engineering, by endorsement, an applicant who
216 qualifies to take the fundamentals examination and the
217 principles and practice examination as set forth in s. 471.013,
218 has passed a United States national, regional, state, or
219 territorial licensing examination that is substantially
220 equivalent to the fundamentals examination and principles and
221 practice examination required by s. 471.013, and has satisfied
222 the experience requirements set forth in s. 471.013; or
223 (b) In engineering or structural engineering, by
224 endorsement, an applicant who holds a valid license to practice
225 engineering, or, for structural engineering, an applicant who
226 holds a valid license to practice structural engineering, issued
227 by another state or territory of the United States, if the
228 criteria for issuance of the license were substantially the same
229 as the licensure criteria that existed in this state at the time
230 the license was issued; or
231 (c) In structural engineering, by endorsement, an applicant
232 who holds a valid license to practice structural engineering
233 issued by another state or territory of the United States and
234 who has successfully passed one of the following 16-hour
235 examination combinations:
236 1. The 8-hour National Council of Examiners for Engineering
237 and Surveying Structural Engineering I examination and the 8
238 hour National Council of Examiners for Engineering and Surveying
239 Structural Engineering II examination.
240 2. The 8-hour National Council of Examiners for Engineering
241 and Surveying Structural Engineering II examination and the 8
242 hour National Council of Examiners for Engineering and Surveying
243 Civil: Structural examination or the 8-hour National Council of
244 Examiners for Engineering and Surveying Architectural
245 Engineering examination.
246 3. The 16-hour Western States Structural Engineering
247 examination.
248 4. The 8-hour National Council of Examiners for Engineering
249 Structural Engineering II examination and the 8-hour California
250 Structural Engineering Seismic III examination or the 8-hour
251 Washington Structural Engineering III examination.
252 Section 6. Section 471.019, Florida Statutes, is amended to
253 read:
254 471.019 Reactivation.—The board shall prescribe by rule
255 continuing education requirements for reactivating a license.
256 The continuing education requirements for reactivating a license
257 for a licensed engineer or structural engineer may not exceed 12
258 classroom hours for each year the license was inactive.
259 Section 7. Subsection (2) of section 471.025, Florida
260 Statutes, is amended to read:
261 471.025 Seals.—
262 (2) It is unlawful for any person to seal or digitally sign
263 any document with a seal or digital signature after his or her
264 license has expired or been revoked or suspended, unless such
265 license is has been reinstated or reissued. When an engineer’s
266 or structural engineer’s license is has been revoked or
267 suspended by the board, the licensee shall, within a period of
268 30 days after the revocation or suspension has become effective,
269 surrender his or her seal to the executive director of the board
270 and confirm to the executive director the cancellation of the
271 licensee’s digital signature in accordance with ss. 668.001
272 668.006. In the event the engineer’s license has been suspended
273 for a period of time, his or her seal shall be returned to him
274 or her upon expiration of the suspension period.
275 Section 8. Present paragraphs (b) through (g) of subsection
276 (1) of section 471.031, Florida Statutes, are redesignated as
277 paragraphs (c) through (h), respectively, present paragraph (b)
278 of that subsection is amended, and a new paragraph (b) is added
279 to that subsection, to read:
280 471.031 Prohibitions; penalties.—
281 (1) A person may not:
282 (b) Beginning March 1, 2017, practice structural
283 engineering unless the person is licensed as a structural
284 engineer or exempt from licensure under this chapter.
285 (c)(b)1. Except as provided in subparagraph 2. or
286 subparagraph 3., use the name or title “professional engineer”
287 or any other title, designation, words, letters, abbreviations,
288 or device tending to indicate that such person holds an active
289 license as an engineer when the person is not licensed under
290 this chapter, including, but not limited to, the following
291 titles: “agricultural engineer,” “air-conditioning engineer,”
292 “architectural engineer,” “building engineer,” “chemical
293 engineer,” “civil engineer,” “control systems engineer,”
294 “electrical engineer,” “environmental engineer,” “fire
295 protection engineer,” “industrial engineer,” “manufacturing
296 engineer,” “mechanical engineer,” “metallurgical engineer,”
297 “mining engineer,” “minerals engineer,” “marine engineer,”
298 “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
299 “structural engineer,” “transportation engineer,” “software
300 engineer,” “computer hardware engineer,” or “systems engineer.”
301 2. Any person who is exempt from licensure under s.
302 471.003(2)(j) may use the title or personnel classification of
303 “engineer” in the scope of his or her work under that exemption
304 if the title does not include or connote the term “licensed
305 engineer,” “professional engineer,” “registered engineer,”
306 “licensed professional engineer,” “licensed engineer,”
307 “registered professional engineer,” “licensed structural
308 engineer,” “professional structural engineer,” “registered
309 structural engineer,” or “structural engineer.” or “licensed
310 professional engineer.”
311 3. Any person who is exempt from licensure under s.
312 471.003(2)(c) or (e) may use the title or personnel
313 classification of “engineer” in the scope of his or her work
314 under that exemption if the title does not include or connote
315 the term “licensed engineer,” “professional engineer,”
316 “registered engineer,” “licensed professional engineer,”
317 “licensed engineer,” “registered professional engineer,”
318 “licensed structural engineer,” “professional structural
319 engineer,” “registered structural engineer,” or “structural
320 engineer,” or “licensed professional engineer” and if that
321 person is a graduate from an approved engineering curriculum of
322 4 years or more in a school, college, or university which has
323 been approved by the board.
324 Section 9. Paragraphs (b) through (e) and (g) of subsection
325 (1) and subsection (4) of section 471.033, Florida Statutes, are
326 amended to read:
327 471.033 Disciplinary proceedings.—
328 (1) The following acts constitute grounds for which the
329 disciplinary actions in subsection (3) may be taken:
330 (b) Attempting to procure a license to practice engineering
331 or structural engineering by bribery or fraudulent
332 misrepresentations.
333 (c) Having a license to practice engineering or structural
334 engineering revoked, suspended, or otherwise acted against,
335 including the denial of licensure, by the licensing authority of
336 another state, territory, or country, for any act that would
337 constitute a violation of this chapter or chapter 455.
338 (d) Being convicted or found guilty of, or entering a plea
339 of nolo contendere to, regardless of adjudication, a crime in
340 any jurisdiction which directly relates to the practice of
341 engineering, structural engineering, or the ability to practice
342 engineering or structural engineering.
343 (e) Making or filing a report or record that the licensee
344 knows to be false, willfully failing to file a report or record
345 required by state or federal law, willfully impeding or
346 obstructing such filing, or inducing another person to impede or
347 obstruct such filing. Such reports or records include only those
348 which that are signed in the capacity of a licensed engineer or
349 licensed structural engineer.
350 (g) Engaging in fraud or deceit, negligence, incompetence,
351 or misconduct, in the practice of engineering or structural
352 engineering.
353 (4) The management corporation shall reissue the license of
354 a disciplined engineer, structural engineer, or business upon
355 certification by the board that the disciplined person has
356 complied with all of the terms and conditions set forth in the
357 final order.
358 Section 10. Subsection (1) of section 471.037, Florida
359 Statutes, is amended to read:
360 471.037 Effect of chapter locally.—
361 (1) Nothing contained in this chapter shall be construed to
362 repeal, amend, limit, or otherwise affect any local building
363 code or zoning law or ordinance, now or hereafter enacted, which
364 is more restrictive with respect to the services of licensed
365 engineers or structural engineers than the provisions of this
366 chapter.
367 Section 11. This act shall take effect July 1, 2015.
