Bill Text: FL S0616 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Engineering
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 827 (Ch. 2019-86), CS/CS/HB 7103 (Ch. 2019-165) [S0616 Detail]
Download: Florida-2019-S0616-Comm_Sub.html
Bill Title: Engineering
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 827 (Ch. 2019-86), CS/CS/HB 7103 (Ch. 2019-165) [S0616 Detail]
Download: Florida-2019-S0616-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 616 By the Committees on Community Affairs; and Innovation, Industry, and Technology; and Senators Perry and Hutson 578-04060-19 2019616c2 1 A bill to be entitled 2 An act relating to engineering; amending s. 455.271, 3 F.S.; deleting a provision requiring a delinquent 4 status licensee to apply for active or inactive 5 status; requiring rulemaking to authorize licensees 6 whose licenses are void to apply for reinstatement; 7 amending s. 471.008, F.S.; revising the Board of 8 Professional Engineers’ rulemaking authority; amending 9 s. 471.013, F.S.; revising the prerequisites for a 10 person to take an examination that determines whether 11 she or he is qualified to practice in this state as an 12 engineer; deleting an obsolete provision; amending s. 13 471.015, F.S.; revising licensure certification 14 requirements to include active engineering experience 15 and a minimum age; revising requirements for licensure 16 by endorsement by the board; providing that the time 17 period in which a licensure application must be 18 granted or denied is tolled if an applicant is 19 required to make a personal appearance before the 20 board; authorizing the board to deny a license if such 21 an applicant fails to appear before the board within a 22 specified timeframe; amending s. 471.019, F.S.; 23 requiring the board to adopt rules relating to a 24 reinstatement process for void licenses; revising 25 continuing education requirements for reactivating a 26 license; amending s. 471.021, F.S.; requiring an 27 applicant to appoint the Department of State as an 28 agent of the applicant for service of process of 29 certain actions; amending s. 471.025, F.S.; requiring 30 a successor engineer to be able to independently re 31 create certain work when seeking to reuse certain 32 documents; specifying that a successor engineer 33 assumes full professional and legal responsibility by 34 signing or affixing his or her seal to assumed 35 documents; releasing the engineer who previously 36 sealed the documents from any professional 37 responsibility or civil liability for her or his work 38 that is assumed by a successor engineer; defining the 39 term “successor engineer”; amending s. 553.79, F.S.; 40 requiring that structural inspections on a threshold 41 building be performed during new construction or 42 during certain repair or restoration projects; 43 amending s. 553.791, F.S.; revising notice 44 requirements for certain building code inspection 45 services by private providers; decreasing the amount 46 of time a local building official has to take certain 47 actions after receiving a permit application and 48 affidavit from a private provider; prohibiting a local 49 building official from prohibiting a private provider 50 from performing any inspection outside the local 51 building official’s normal operating hours; providing 52 an effective date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Paragraph (a) of subsection (6) of section 57 455.271, Florida Statutes, is amended to read: 58 455.271 Inactive and delinquent status.— 59 (6)(a)A delinquent status licensee must affirmatively60apply with a complete application, as defined by rule of the61board, or the department if there is no board, for active or62inactive status during the licensure cycle in which a licensee63becomes delinquent.Failure by a delinquent status licensee to 64 become active or inactive before the expiration of the current 65 licensure cycle shall render the license void without any 66 further action by the board or the department. The board, or the 67 department if there is no board, shall adopt rules allowing a 68 licensee whose license is void to apply for reinstatement. 69 70 This subsection does not apply to individuals subject to 71 regulation under chapter 473. 72 Section 2. Section 471.008, Florida Statutes, is amended to 73 read: 74 471.008 Rulemaking authority.—The board has authority to 75 adopt rules pursuant to ss. 120.536(1) and 120.54 to: 76 (1) Implement provisions of this chapter or chapter 455 77 which conferconferringduties upon it. 78 (2) Ensure competence in the practice of engineering. 79 (3) Ensure accuracy, completeness, and quality in the 80 engineering products provided. 81 Section 3. Paragraph (a) of subsection (1) of section 82 471.013, Florida Statutes, is amended to read: 83 471.013 Examinations; prerequisites.— 84 (1)(a) A person shall be entitled to take an examination 85 for the purpose of determining whether she or he is qualified to 86 practice in this state as an engineer if the person is of good 87 moral character and: 88 1. Is a graduate from an approved engineering curriculum of 89 4 years or more in a school, college, or university which has 90 been approved by the boardand has a record of 4 years of active91engineering experience of a character indicating competence to92be in responsible charge of engineering; or 93 2. Is a graduate of an approved engineering technology 94 curriculum of 4 years or more in a school, college, or 95 university which has been approved by the boardwithin the State96University System, having been enrolled or having graduated97prior to July 1, 1979, and has a record of 4 years of active98engineering experience of a character indicating competence to99be in responsible charge of engineering; or1003. Has, in lieu of such education and experience101requirements, 10 years or more of active engineering work of a102character indicating that the applicant is competent to be103placed in responsible charge of engineering. However, this104subparagraph does not apply unless such person notifies the105department before July 1, 1984, that she or he was engaged in106such work on July 1, 1981. 107 108 The board shall adopt rules providing for the review and 109 approval of schools or colleges and the courses of study in 110 engineering in such schools and colleges. The rules mustshall111 be based on the educational requirements for engineering as 112 defined in s. 471.005. The board may adopt rules providing for 113 the acceptance of the approval and accreditation of schools and 114 courses of study by a nationally accepted accreditation 115 organization. 116 Section 4. Subsections (2), (3), (5), and (6) of section 117 471.015, Florida Statutes, are amended to read: 118 471.015 Licensure.— 119 (2)(a) The board shall certify for licensure any applicant 120 who has submitted proof satisfactory to the board that he or she 121 is at least 18 years of age and who: 122 1. Satisfies the requirements of s. 471.013(1)(a)1. and has 123 a record of 4 years of active engineering experience of a 124 character indicating competence to be in responsible charge of 125 engineering; or 126 2. Satisfies the requirements of s. 471.013(1)(a)2. and has 127 a record of 6 years of active engineering experience of a 128 character indicating competence to be in responsible charge of 129 engineerings. 471.013. 130 (b) The board may refuse to certify any applicant who has 131 violatedany of the provisions ofs. 471.031. 132 (3) The board shall certify as qualified for a license by 133 endorsement an applicant who: 134 (a) Qualifies to take the fundamentals examination and the 135 principles and practice examination as set forth in s. 471.013, 136 has passed a United States national, regional, state, or 137 territorial licensing examination that is substantially 138 equivalent to the fundamentals examination and principles and 139 practice examination required by s. 471.013, and has satisfied 140 the experience requirements set forth in paragraph (2)(a) and s. 141 471.013; or 142 (b) Holds a valid license to practice engineering issued by 143 another state or territory of the United States, if the criteria 144 for issuance of the license were substantially the same as the 145 licensure criteria that existed in this state at the time the 146 license was issued. 147 (5)(a) The board shall deem that an applicant who seeks 148 licensure by endorsement has passed an examination substantially 149 equivalent to the fundamentals examination when such applicant 150 has held a valid professional engineer’s license in another 151 state for 1015years and has had 1520years of continuous 152 professional-level engineering experience. 153 (b) The board shall deem that an applicant who seeks 154 licensure by endorsement has passed an examination substantially 155 equivalent to the fundamentals examination and the principles 156 and practices examination when such applicant has held a valid 157 professional engineer’s license in another state for 2025years 158 and has had 2530years of continuous professional-level 159 engineering experience. 160 (6) The board may require a personal appearance by any 161 applicant for licensure under this chapter. Any applicant of 162 whom a personal appearance is required must be given adequate 163 notice of the time and place of the appearance and provided with 164 a statement of the purpose of and reasons requiring the 165 appearance. If an applicant is required to appear, the time 166 period within which a licensure application must be granted or 167 denied is tolled until such time as the applicant appears. 168 However, if the applicant fails to appear before the board at 169 either of the next two regularly scheduled board meetings, the 170 application for licensure may be denied. 171 Section 5. Section 471.019, Florida Statutes, is amended to 172 read: 173 471.019 Reactivation.—The board shall prescribe by rule a 174 reinstatement process for void licenses which includes 175 establishing appropriate continuing education requirements for 176 reactivating a license. The continuing education requirements 177 for reactivating a license for a licensed engineer may not 178 exceed the continuing education requirements prescribed pursuant 179 to s. 471.01712 classroom hoursfor each year the license was 180 inactive. 181 Section 6. Subsection (3) of section 471.021, Florida 182 Statutes, is amended to read: 183 471.021 Engineers and firms of other states; temporary 184 certificates to practice in Florida.— 185 (3) The application for a temporary license shall require 186 theconstituteappointment of the Department of State as an 187 agent of the applicant for service of process in any action or 188 proceeding against the applicant arising out of any transaction 189 or operation connected with or incidental to the practice of 190 engineering for which the temporary license was issued. 191 Section 7. Subsection (4) is added to section 471.025, 192 Florida Statutes, to read: 193 471.025 Seals.— 194 (4) A successor engineer seeking to reuse documents 195 previously sealed by another engineer must be able to 196 independently re-create all of the work done by the original 197 engineer. A successor engineer assumes full professional and 198 legal responsibility by signing and affixing his or her seal to 199 the assumed documents. Such documents must be treated as though 200 they were the successor engineer’s original product, and the 201 original engineer is released from any professional 202 responsibility or civil liability for prior work assumed by the 203 successor engineer. For the purposes of this subsection, the 204 term “successor engineer” means an engineer who is using or 205 relying upon the work, findings, or recommendations of the 206 engineer who previously sealed the pertinent documents. 207 Section 8. Paragraph (a) of subsection (5) of section 208 553.79, Florida Statutes, is amended to read: 209 553.79 Permits; applications; issuance; inspections.— 210 (5)(a) During new construction or during repair or 211 restoration projects in which the structural system or 212 structural loading of a threshold building is being modified, 213 the enforcing agency shall require a special inspector to 214 perform structural inspections on theathreshold building 215 pursuant to a structural inspection plan prepared by the 216 engineer or architect of record. The structural inspection plan 217 must be submitted to and approved by the enforcing agency before 218 the issuance of a building permit for the construction, repair, 219 or restoration of a threshold building. The purpose of the 220 structural inspection plan is to provide specific inspection 221 procedures and schedules so that the building can be adequately 222 inspected for compliance with the permitted documents. The 223 special inspector may not serve as a surrogate in carrying out 224 the responsibilities of the building official, the architect, or 225 the engineer of record. The contractor’s contractual or 226 statutory obligations are not relieved by any action of the 227 special inspector. The special inspector shall determine that a 228 professional engineer who specializes in shoring design has 229 inspected the shoring and reshoring for conformance with the 230 shoring and reshoring plans submitted to the enforcing agency. A 231 fee simple title owner of a building, which does not meet the 232 minimum size, height, occupancy, occupancy classification, or 233 number-of-stories criteria which would result in classification 234 as a threshold building under s. 553.71(12), may designate such 235 building as a threshold building, subject to more than the 236 minimum number of inspections required by the Florida Building 237 Code. 238 Section 9. Subsections (4) and (5), paragraphs (a), (b), 239 and (c) of subsection (7), and subsection (9) of section 240 553.791, Florida Statutes, are amended to read: 241 553.791 Alternative plans review and inspection.— 242 (4) A fee owner or the fee owner’s contractor using a 243 private provider to provide building code inspection services 244 shall notify the local building official at the time of permit 245 application, or no later than 2 p.m. of the business day before 246less than 7 business days prior tothe first scheduled 247 inspection by the local building official or building code 248 enforcement agency for a private provider performing required 249 inspections of construction under this section, on a form to be 250 adopted by the commission. This notice shall include the 251 following information: 252 (a) The services to be performed by the private provider. 253 (b) The name, firm, address, telephone number, and 254 facsimile number of each private provider who is performing or 255 will perform such services, his or her professional license or 256 certification number, qualification statements or resumes, and, 257 if required by the local building official, a certificate of 258 insurance demonstrating that professional liability insurance 259 coverage is in place for the private provider’s firm, the 260 private provider, and any duly authorized representative in the 261 amounts required by this section. 262 (c) An acknowledgment from the fee owner in substantially 263 the following form: 264 265 I have elected to use one or more private providers to 266 provide building code plans review and/or inspection 267 services on the building or structure that is the 268 subject of the enclosed permit application, as 269 authorized by s. 553.791, Florida Statutes. I 270 understand that the local building official may not 271 review the plans submitted or perform the required 272 building inspections to determine compliance with the 273 applicable codes, except to the extent specified in 274 said law. Instead, plans review and/or required 275 building inspections will be performed by licensed or 276 certified personnel identified in the application. The 277 law requires minimum insurance requirements for such 278 personnel, but I understand that I may require more 279 insurance to protect my interests. By executing this 280 form, I acknowledge that I have made inquiry regarding 281 the competence of the licensed or certified personnel 282 and the level of their insurance and am satisfied that 283 my interests are adequately protected. I agree to 284 indemnify, defend, and hold harmless the local 285 government, the local building official, and their 286 building code enforcement personnel from any and all 287 claims arising from my use of these licensed or 288 certified personnel to perform building code 289 inspection services with respect to the building or 290 structure that is the subject of the enclosed permit 291 application. 292 293 If the fee owner or the fee owner’s contractor makes any changes 294 to the listed private providers or the services to be provided 295 by those private providers, the fee owner or the fee owner’s 296 contractor shall, within 1 business day after any change, update 297 the notice to reflect such changes. A change of a duly 298 authorized representative named in the permit application does 299 not require a revision of the permit, and the building code 300 enforcement agency shall not charge a fee for making the change. 301 In addition, the fee owner or the fee owner’s contractor shall 302 post at the project site, prior to the commencement of 303 construction and updated within 1 business day after any change, 304 on a form to be adopted by the commission, the name, firm, 305 address, telephone number, and facsimile number of each private 306 provider who is performing or will perform building code 307 inspection services, the type of service being performed, and 308 similar information for the primary contact of the private 309 provider on the project. 310 (5) After construction has commenced and if the local 311 building official is unable to provide inspection services in a 312 timely manner, the fee owner or the fee owner’s contractor may 313 elect to use a private provider to provide inspection services 314 by notifying the local building official of the owner’s or 315 contractor’s intention to do so no later than 2 p.m. of the 316 business day beforeless than 7 businessdays prior tothe next 317 scheduled inspection using the notice provided for in paragraphs 318 (4)(a)-(c). 319 (7)(a) No more than 1530business days after receipt of a 320 permit application and the affidavit from the private provider 321 required pursuant to subsection (6), the local building official 322 shall issue the requested permit or provide a written notice to 323 the permit applicant identifying the specific plan features that 324 do not comply with the applicable codes, as well as the specific 325 code chapters and sections. If the local building official does 326 not provide a written notice of the plan deficiencies within the 327 prescribed 15-day30-dayperiod, the permit application shall be 328 deemed approved as a matter of law, and the permit shall be 329 issued by the local building official on the next business day. 330 (b) If the local building official provides a written 331 notice of plan deficiencies to the permit applicant within the 332 prescribed 15-day30-dayperiod, the 15-day30-dayperiod shall 333 be tolled pending resolution of the matter. To resolve the plan 334 deficiencies, the permit applicant may elect to dispute the 335 deficiencies pursuant to subsection (13) or to submit revisions 336 to correct the deficiencies. 337 (c) If the permit applicant submits revisions, the local 338 building official has the remainder of the tolled 15-day30-day339 period plus 5 business days to issue the requested permit or to 340 provide a second written notice to the permit applicant stating 341 which of the previously identified plan features remain in 342 noncompliance with the applicable codes, with specific reference 343 to the relevant code chapters and sections. If the local 344 building official does not provide the second written notice 345 within the prescribed time period, the permit shall be issued by 346 the local building official on the next business day. 347 (9) A private provider performing required inspections 348 under this section shall provide notice to the local building 349 official of the date and approximate time of any such inspection 350 no later than the prior business day by 2 p.m. local time or by 351 any later time permitted by the local building official in that 352 jurisdiction. The local building official may not prohibit the 353 private provider from performing any inspection outside of the 354 local building official’s normal operating hours, including 355 before and after normal business hours, on weekends, or on 356 holidays. The local building official may visit the building 357 site as often as necessary to verify that the private provider 358 is performing all required inspections. A deficiency notice must 359 be posted at the job site by the private provider, the duly 360 authorized representative of the private provider, or the 361 building department whenever a noncomplying item related to the 362 building code or the permitted documents is found. After 363 corrections are made, the item must be reinspected by the 364 private provider or representative before being concealed. 365 Reinspection or reaudit fees shall not be charged by the local 366 jurisdiction as a result of the local jurisdiction’s audit 367 inspection occurring before the performance of the private 368 provider’s inspection or for any other administrative matter not 369 involving the detection of a violation of the building code or a 370 permit requirement. 371 Section 10. This act shall take effect October 1, 2019.