Bill Text: FL S0616 | 2019 | Regular Session | Comm Sub
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 CS for SB 616 By the Committees on Rules; Community Affairs; and Innovation, Industry, and Technology; and Senators Perry and Hutson 595-04834-19 2019616c3 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. 471.025, F.S.; requiring a 27 successor engineer to be able to independently re 28 create certain work when seeking to reuse certain 29 documents; specifying that a successor engineer 30 assumes full professional and legal responsibility by 31 signing or affixing his or her seal to assumed 32 documents; releasing the engineer who previously 33 sealed the documents from any professional 34 responsibility or civil liability for her or his work 35 that is assumed by a successor engineer; defining the 36 term “successor engineer”; amending s. 553.79, F.S.; 37 requiring that structural inspections on a threshold 38 building be performed during new construction or 39 during certain repair or restoration projects; 40 amending s. 553.791, F.S.; revising notice 41 requirements for certain building code inspection 42 services by private providers; decreasing the amount 43 of time a local building official has to take certain 44 actions after receiving a permit application and 45 affidavit from a private provider; prohibiting a local 46 building official from prohibiting a private provider 47 from performing any inspection outside the local 48 building official’s normal operating hours; providing 49 an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Paragraph (a) of subsection (6) of section 54 455.271, Florida Statutes, is amended to read: 55 455.271 Inactive and delinquent status.— 56 (6)(a)A delinquent status licensee must affirmatively57apply with a complete application, as defined by rule of the58board, or the department if there is no board, for active or59inactive status during the licensure cycle in which a licensee60becomes delinquent.Failure by a delinquent status licensee to 61 become active or inactive before the expiration of the current 62 licensure cycle shall render the license void without any 63 further action by the board or the department. The board, or the 64 department if there is no board, shall adopt rules allowing a 65 licensee whose license is void to apply for reinstatement. 66 67 This subsection does not apply to individuals subject to 68 regulation under chapter 473. 69 Section 2. Section 471.008, Florida Statutes, is amended to 70 read: 71 471.008 Rulemaking authority.—The board has authority to 72 adopt rules pursuant to ss. 120.536(1) and 120.54 to: 73 (1) Implement provisions of this chapter or chapter 455 74 which conferconferringduties upon it. 75 (2) Ensure competence in the practice of engineering. 76 (3) Ensure accuracy, completeness, and quality in the 77 engineering products provided. 78 Section 3. Paragraph (a) of subsection (1) of section 79 471.013, Florida Statutes, is amended to read: 80 471.013 Examinations; prerequisites.— 81 (1)(a) A person shall be entitled to take an examination 82 for the purpose of determining whether she or he is qualified to 83 practice in this state as an engineer if the person is of good 84 moral character and: 85 1. Is a graduate from an approved engineering curriculum of 86 4 years or more in a school, college, or university which has 87 been approved by the boardand has a record of 4 years of active88engineering experience of a character indicating competence to89be in responsible charge of engineering; or 90 2. Is a graduate of an approved engineering technology 91 curriculum of 4 years or more in a school, college, or 92 university which has been approved by the boardwithin the State93University System, having been enrolled or having graduated94prior to July 1, 1979, and has a record of 4 years of active95engineering experience of a character indicating competence to96be in responsible charge of engineering; or973. Has, in lieu of such education and experience98requirements, 10 years or more of active engineering work of a99character indicating that the applicant is competent to be100placed in responsible charge of engineering. However, this101subparagraph does not apply unless such person notifies the102department before July 1, 1984, that she or he was engaged in103such work on July 1, 1981. 104 105 The board shall adopt rules providing for the review and 106 approval of schools or colleges and the courses of study in 107 engineering in such schools and colleges. The rules mustshall108 be based on the educational requirements for engineering as 109 defined in s. 471.005. The board may adopt rules providing for 110 the acceptance of the approval and accreditation of schools and 111 courses of study by a nationally accepted accreditation 112 organization. 113 Section 4. Subsections (2), (3), and (6) of section 114 471.015, Florida Statutes, are amended to read: 115 471.015 Licensure.— 116 (2)(a) The board shall certify for licensure any applicant 117 who has submitted proof satisfactory to the board that he or she 118 is at least 18 years of age and who: 119 1. Satisfies the requirements of s. 471.013(1)(a)1. and has 120 a record of 4 years of active engineering experience of a 121 character indicating competence to be in responsible charge of 122 engineering; or 123 2. Satisfies the requirements of s. 471.013(1)(a)2. and has 124 a record of 6 years of active engineering experience of a 125 character indicating competence to be in responsible charge of 126 engineerings. 471.013. 127 (b) The board may refuse to certify any applicant who has 128 violatedany of the provisions ofs. 471.031. 129 (3) The board shall certify as qualified for a license by 130 endorsement an applicant who: 131 (a) Qualifies to take the fundamentals examination and the 132 principles and practice examination as set forth in s. 471.013, 133 has passed a United States national, regional, state, or 134 territorial licensing examination that is substantially 135 equivalent to the fundamentals examination and principles and 136 practice examination required by s. 471.013, and has satisfied 137 the experience requirements set forth in paragraph (2)(a) and s. 138 471.013; or 139 (b) Holds a valid license to practice engineering issued by 140 another state or territory of the United States, if the criteria 141 for issuance of the license were substantially the same as the 142 licensure criteria that existed in this state at the time the 143 license was issued. 144 (6) The board may require a personal appearance by any 145 applicant for licensure under this chapter. Any applicant of 146 whom a personal appearance is required must be given adequate 147 notice of the time and place of the appearance and provided with 148 a statement of the purpose of and reasons requiring the 149 appearance. If an applicant is required to appear, the time 150 period within which a licensure application must be granted or 151 denied is tolled until such time as the applicant appears. 152 However, if the applicant fails to appear before the board at 153 either of the next two regularly scheduled board meetings, the 154 application for licensure may be denied. 155 Section 5. Section 471.019, Florida Statutes, is amended to 156 read: 157 471.019 Reactivation.—The board shall prescribe by rule a 158 reinstatement process for void licenses which includes 159 establishing appropriate continuing education requirements for 160 reactivating a license. The continuing education requirements 161 for reactivating a license for a licensed engineer may not 162 exceed the continuing education requirements prescribed pursuant 163 to s. 471.01712 classroom hoursfor each year the license was 164 inactive. 165 Section 6. Subsection (4) is added to section 471.025, 166 Florida Statutes, to read: 167 471.025 Seals.— 168 (4) A successor engineer seeking to reuse documents 169 previously sealed by another engineer must be able to 170 independently re-create all of the work done by the original 171 engineer. A successor engineer assumes full professional and 172 legal responsibility by signing and affixing his or her seal to 173 the assumed documents. Such documents must be treated as though 174 they were the successor engineer’s original product, and the 175 original engineer is released from any professional 176 responsibility or civil liability for prior work assumed by the 177 successor engineer. For the purposes of this subsection, the 178 term “successor engineer” means an engineer who is using or 179 relying upon the work, findings, or recommendations of the 180 engineer who previously sealed the pertinent documents. 181 Section 7. Paragraph (a) of subsection (5) of section 182 553.79, Florida Statutes, is amended to read: 183 553.79 Permits; applications; issuance; inspections.— 184 (5)(a) During new construction or during repair or 185 restoration projects in which the structural system or 186 structural loading of a threshold building is being modified, 187 the enforcing agency shall require a special inspector to 188 perform structural inspections on theathreshold building 189 pursuant to a structural inspection plan prepared by the 190 engineer or architect of record. The structural inspection plan 191 must be submitted to and approved by the enforcing agency before 192 the issuance of a building permit for the construction, repair, 193 or restoration of a threshold building. The purpose of the 194 structural inspection plan is to provide specific inspection 195 procedures and schedules so that the building can be adequately 196 inspected for compliance with the permitted documents. The 197 special inspector may not serve as a surrogate in carrying out 198 the responsibilities of the building official, the architect, or 199 the engineer of record. The contractor’s contractual or 200 statutory obligations are not relieved by any action of the 201 special inspector. The special inspector shall determine that a 202 professional engineer who specializes in shoring design has 203 inspected the shoring and reshoring for conformance with the 204 shoring and reshoring plans submitted to the enforcing agency. A 205 fee simple title owner of a building, which does not meet the 206 minimum size, height, occupancy, occupancy classification, or 207 number-of-stories criteria which would result in classification 208 as a threshold building under s. 553.71(12), may designate such 209 building as a threshold building, subject to more than the 210 minimum number of inspections required by the Florida Building 211 Code. 212 Section 8. Subsections (4) and (5), paragraphs (a), (b), 213 and (c) of subsection (7), and subsection (9) of section 214 553.791, Florida Statutes, are amended to read: 215 553.791 Alternative plans review and inspection.— 216 (4) A fee owner or the fee owner’s contractor using a 217 private provider to provide building code inspection services 218 shall notify the local building official at the time of permit 219 application, or by 2 p.m. local time, 2noless than 7business 220 days prior to the first scheduled inspection by the local 221 building official or building code enforcement agency for a 222 private provider performing required inspections of construction 223 under this section, on a form to be adopted by the commission. 224 This notice shall include the following information: 225 (a) The services to be performed by the private provider. 226 (b) The name, firm, address, telephone number, and 227 facsimile number of each private provider who is performing or 228 will perform such services, his or her professional license or 229 certification number, qualification statements or resumes, and, 230 if required by the local building official, a certificate of 231 insurance demonstrating that professional liability insurance 232 coverage is in place for the private provider’s firm, the 233 private provider, and any duly authorized representative in the 234 amounts required by this section. 235 (c) An acknowledgment from the fee owner in substantially 236 the following form: 237 238 I have elected to use one or more private providers to 239 provide building code plans review and/or inspection 240 services on the building or structure that is the 241 subject of the enclosed permit application, as 242 authorized by s. 553.791, Florida Statutes. I 243 understand that the local building official may not 244 review the plans submitted or perform the required 245 building inspections to determine compliance with the 246 applicable codes, except to the extent specified in 247 said law. Instead, plans review and/or required 248 building inspections will be performed by licensed or 249 certified personnel identified in the application. The 250 law requires minimum insurance requirements for such 251 personnel, but I understand that I may require more 252 insurance to protect my interests. By executing this 253 form, I acknowledge that I have made inquiry regarding 254 the competence of the licensed or certified personnel 255 and the level of their insurance and am satisfied that 256 my interests are adequately protected. I agree to 257 indemnify, defend, and hold harmless the local 258 government, the local building official, and their 259 building code enforcement personnel from any and all 260 claims arising from my use of these licensed or 261 certified personnel to perform building code 262 inspection services with respect to the building or 263 structure that is the subject of the enclosed permit 264 application. 265 266 If the fee owner or the fee owner’s contractor makes any changes 267 to the listed private providers or the services to be provided 268 by those private providers, the fee owner or the fee owner’s 269 contractor shall, within 1 business day after any change, update 270 the notice to reflect such changes. A change of a duly 271 authorized representative named in the permit application does 272 not require a revision of the permit, and the building code 273 enforcement agency shall not charge a fee for making the change. 274 In addition, the fee owner or the fee owner’s contractor shall 275 post at the project site, prior to the commencement of 276 construction and updated within 1 business day after any change, 277 on a form to be adopted by the commission, the name, firm, 278 address, telephone number, and facsimile number of each private 279 provider who is performing or will perform building code 280 inspection services, the type of service being performed, and 281 similar information for the primary contact of the private 282 provider on the project. 283 (5) After construction has commenced and if the local 284 building official is unable to provide inspection services in a 285 timely manner, the fee owner or the fee owner’s contractor may 286 elect to use a private provider to provide inspection services 287 by notifying the local building official of the owner’s or 288 contractor’s intention to do so by 2 p.m. local time, 2no less289than 7business days prior to the next scheduled inspection 290 using the notice provided for in paragraphs (4)(a)-(c). 291 (7)(a) No more than 2030business days after receipt of a 292 permit application and the affidavit from the private provider 293 required pursuant to subsection (6), the local building official 294 shall issue the requested permit or provide a written notice to 295 the permit applicant identifying the specific plan features that 296 do not comply with the applicable codes, as well as the specific 297 code chapters and sections. If the local building official does 298 not provide a written notice of the plan deficiencies within the 299 prescribed 20-day30-dayperiod, the permit application shall be 300 deemed approved as a matter of law, and the permit shall be 301 issued by the local building official on the next business day. 302 (b) If the local building official provides a written 303 notice of plan deficiencies to the permit applicant within the 304 prescribed 20-day30-dayperiod, the 20-day30-dayperiod shall 305 be tolled pending resolution of the matter. To resolve the plan 306 deficiencies, the permit applicant may elect to dispute the 307 deficiencies pursuant to subsection (13) or to submit revisions 308 to correct the deficiencies. 309 (c) If the permit applicant submits revisions, the local 310 building official has the remainder of the tolled 20-day30-day311 period plus 5 business days to issue the requested permit or to 312 provide a second written notice to the permit applicant stating 313 which of the previously identified plan features remain in 314 noncompliance with the applicable codes, with specific reference 315 to the relevant code chapters and sections. If the local 316 building official does not provide the second written notice 317 within the prescribed time period, the permit shall be issued by 318 the local building official on the next business day. 319 (9) A private provider performing required inspections 320 under this section shall provide notice to the local building 321 official of the date and approximate time of any such inspection 322 no later than the prior business day by 2 p.m. local time or by 323 any later time permitted by the local building official in that 324 jurisdiction. The local building official may not prohibit the 325 private provider from performing any inspection outside of the 326 local building official’s normal operating hours, including 327 before and after normal business hours, on weekends, or on 328 holidays. The local building official may visit the building 329 site as often as necessary to verify that the private provider 330 is performing all required inspections. A deficiency notice must 331 be posted at the job site by the private provider, the duly 332 authorized representative of the private provider, or the 333 building department whenever a noncomplying item related to the 334 building code or the permitted documents is found. After 335 corrections are made, the item must be reinspected by the 336 private provider or representative before being concealed. 337 Reinspection or reaudit fees shall not be charged by the local 338 jurisdiction as a result of the local jurisdiction’s audit 339 inspection occurring before the performance of the private 340 provider’s inspection or for any other administrative matter not 341 involving the detection of a violation of the building code or a 342 permit requirement. 343 Section 9. This act shall take effect October 1, 2019.