Ch.471
Florida Statutes: Ch. 471: Engineering (471.001 to 471.045) – rules adopted, amended, or repealed during the immediate preceding biennium
EFFECTIVE DATE: October 1, 2019
471.005 Definitions
SUMMARY: The statute amendment amended to confirm the deletion of Certificate of Authorization
471.005 Definitions.—As used in this chapter, the term:
(3) “Certificate of authorization” means a license to practice engineering issued by the management corporation to a corporation or partnership.
(8) “License” means the licensing of engineers or certification of businesses to practice engineering in this state.
EFFECTIVE DATE: October 1, 2019
471.011 Fees.
SUMMARY: The statute amendment amended to confirm the deletion of fees of qualified business organizations
471.011 Fees.
(4) Qualification of a business organization under s. 471.023 shall not require payment of a fee The fee for a certificate of authorization shall not exceed $125.
EFFECTIVE DATE: October 1, 2019
471.013 Examinations; prerequisites.
SUMMARY: The statute amendment revises the prerequisites for examination and deletes an obsolete provision
471.013 Examinations; prerequisites.
(1)(a) A person shall be entitled to take an examination for the purpose of determining whether she or he is qualified to practice in this state as an engineer if the person is of good moral character and:
- Is a graduate from an approved engineering science curriculum of 4 years or more in a school, college, or university which has been approved by the board; or and has a record of 4 years of active engineering experience of a character indicating competence to be in responsible charge of engineering;
- Is a graduate of an approved engineering technology curriculum of 4 years or more in a school, college, or university which has been approved by the board within the State University System, having been enrolled or having graduated prior to July 1, 1979, and has a record of 4 years of active engineering experience of a character indicating competence to be in responsible charge of engineering; or
- Has, in lieu of such education and experience requirements, 10 years or more of active engineering work of a character indicating that the applicant is competent to be placed in responsible charge of engineering. However, this subparagraph does not apply unless such person notifies the department before July 1, 1984, that she or he was engaged in such work on July 1, 1981.
The board shall adopt rules providing for the review and approval of schools or colleges and the courses of study in engineering in such schools and colleges. The rules shall be based on the educational requirements for engineering as defined in s. 471.005. The board may adopt rules providing for the acceptance of the approval and accreditation of schools and courses of study by a nationally accepted accreditation organization.
EFFECTIVE DATE: October 1, 2019
471.015 Licensure.
SUMMARY: The statute amendment revises licensure certification requirements to include active engineering experience and a minimum age providing that the time period in which a licensure application must be granted or denied is tolled if an applicant is required to make a personal appearance before the board and authorizies the board to deny a license if such an applicant fails to appear before the board within a specified timeframe
471.015 Licensure.
(2)(a) The board shall certify for licensure any applicant who has submitted proof satisfactory to the board that he or she is at least 18 years of age and who:
- Satisfies the requirements of s. 471.013(1)(a)1. and has a record of at least 4 years of active engineering experience of a character indicating competence to be in responsible charge of engineering; or
- Satisfies the requirements of s. 471.013(1)(a)2. and has a record of at least 6 years of active engineering experience of a character indicating competence to be in responsible charge of engineering s. 471.013.
(b) The board may refuse to certify any applicant who has violated any of the provisions of s. 471.031.
(3) The board shall certify as qualified for a license by endorsement an applicant who:
(a) Qualifies to take the fundamentals examination and the principles and practice examination as set forth in s. 471.013, has passed a United States national, regional, state, or territorial licensing examination that is substantially equivalent to the fundamentals examination and principles and practice examination required by s. 471.013, and has satisfied the experience requirements set forth in paragraph (2)(a) and s. 471.013; or
(b) Holds a valid license to practice engineering issued by another state or territory of the United States, if the criteria for issuance of the license were substantially the same as the licensure criteria that existed in this state at the time the license was issued.
(6) The board may require a personal appearance by any applicant for licensure under this chapter. Any applicant of whom a personal appearance is required must be given adequate notice of the time and place of the appearance and provided with a statement of the purpose of and reasons requiring the appearance. If an applicant is required to appear, the time period within which a licensure application must be granted or denied is tolled until such time as the applicant appears. However, if the applicant fails to appear before the board at either of the next two regularly scheduled board meetings, the application for licensure may be denied.
EFFECTIVE DATE: July 1, 2020
471.015 Licensure.
SUMMARY: The statute amendment revises licensure certification requirements for engineers who hold specified licenses in another state
471.015 Licensure.
(5)(a) The board shall deem that an applicant who seeks licensure by endorsement has passed an examination substantially equivalent to the fundamentals examination when such applicant has held a valid professional engineer’s license in another state for 10 15 years and has had 20 years of continuous professional-level engineering experience.
(b) The board shall deem that an applicant who seeks licensure by endorsement has passed an examination substantially equivalent to the fundamentals examination and the principles and practices examination when such applicant has held a valid professional engineer’s license in another state for 15 25 years and has had 30 years of continuous professional-level engineering experience.
EFFECTIVE DATE: October 1, 2019
471.019 Reactivation.
SUMMARY: The statute amendment amended to require the board to establish by rule a reinstatement process for void licenses
471.019 Reactivation.
The board shall establish by rule a reinstatement process for void licenses. The rule board shall prescribe appropriate by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license for a licensed engineer may not exceed the continuing education requirements prescribed pursuant to s. 471.017 12 classroom hours for each year the license was inactive.
EFFECTIVE DATE: 2019
471.021 Engineers and firms of other states; temporary registration to practice in Florida.—
SUMMARY: The statute amendment amended to confirm provisions to changes made by the act
471.021 Engineers and firms of other states; temporary registration certificates to practice in Florida
(1) Upon approval of the board and payment of the fee set in s. 471.011, the management corporation shall issue a temporary registration license for work on one specified project in this state for a period not to exceed 1 year to an engineer holding a certificate to practice in another state, provided Florida licensees are similarly permitted to engage in work in such state and provided that the engineer be qualified for licensure by endorsement.
(2) Upon approval by the board and payment of the fee set in s. 471.011, the management corporation shall issue a temporary registration certificate of authorization for work on one specified project in this state for a period not to exceed 1 year to an out-of-state corporation, partnership, or firm, provided one of the principal officers of the corporation, one of the partners of the partnership, or one of the principals in the fictitiously named firm has obtained a temporary registration license in accordance with subsection (1).
(3) The application for a temporary registration license shall require constitute appointment of the Department of State as an agent of the applicant for service of process in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the practice of engineering for which the temporary registration license was issued.
EFFECTIVE DATE: October 1, 2019
471.023 Qualification of business organizations.—
SUMMARY: The statute amendment provides requirements for qualification of a business organization, requirements for a qualifying agent; and deletes the administration of disciplinary action against a business organization
471.023 Qualification Certification of business organizations.
(1) The practice of, or the offer to practice, engineering by licensees or offering engineering services to the public through a business organization, including a partnership, corporation, business trust, or other legal entity or by a business organization, including a corporation, partnership, business trust, or other legal entity offering such services to the public through licensees under this chapter as agents, employees, officers, or partners is permitted only if the business organization is qualified by an engineer licensed under this chapter possesses a certification issued by the management corporation pursuant to qualification by the board, subject to the provisions of this chapter. One or more of the principal officers of the business organization or one or more partners of the partnership and all personnel of the business organization who act in its behalf as engineers in this state shall be licensed as provided by this chapter. All final drawings, specifications, plans, reports, or documents involving practices licensed under this chapter which are prepared or approved for the use of the business organization or for public record within the state shall be dated and shall bear the signature and seal of the licensee who prepared or approved them. Nothing in this section shall be construed to mean that a license to practice engineering shall be held by a business organization. Nothing herein prohibits business organizations from joining together to offer engineering services to the public, if each business organization otherwise meets the requirements of this section. No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing engineering be relieved of responsibility for professional services performed by reason of his or her employment or relationship with a business organization.
(2) For the purposes of this section, a certificate of authorization shall be required for any business organization or other person practicing under a fictitious name, offering engineering services to the public must be qualified by an engineer licensed under this chapter. However, when an individual is practicing engineering in his or her own given name, he or she shall not be required to be licensed under this section.
(3) Except as provided in s. 558.0035, the fact that a licensed engineer practices through a business organization does not relieve the licensee from personal liability for negligence, misconduct, or wrongful acts committed by him or her. Partnerships and all partners shall be jointly and severally liable for the negligence, misconduct, or wrongful acts committed by their agents, employees, or partners while acting in a professional capacity. Any officer, agent, or employee of a business organization other than a partnership shall be personally liable and accountable only for negligent acts, wrongful acts, or misconduct committed by him or her or committed by any person under his or her direct supervision and control, while rendering professional services on behalf of the business organization. The personal liability of a shareholder or owner of a business organization, in his or her capacity as shareholder or owner, shall be no greater than that of a shareholder-employee of a corporation incorporated under chapter 607. The business organization shall be liable up to the full value of its property for any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on its behalf in the rendering of professional services.
(4) Each certification of authorization shall be renewed every 2 years. Each qualifying agent of a business organization qualified certified under this section must notify the board within 30 days 1 month after any change in the information contained in the application upon which the qualification certification is based.
(a) A qualifying agent who terminates an affiliation with a qualified business organization shall notify the management corporation of such termination within 24 hours. If such qualifying agent is the only qualifying agent for that business organization, the business organization must be qualified by another qualifying agent within 60 days after the termination. Except as provided in paragraph (b), the business organization may not engage in the practice of engineering until it is qualified by another qualifying agent.
(b) In the event a qualifying agent ceases employment with a qualified business organization and the qualifying agent is the only licensed individual affiliated with the business organization, the executive director of the management corporation or the chair of the board may authorize another licensee employed by the business organization to temporarily serve as its qualifying agent for a period of no more than 60 days to proceed with incomplete contracts. The business organization is not authorized to operate beyond such period under this chapter absent replacement of the qualifying agent.
(c) A qualifying agent shall notify the department in writing before engaging in the practice of engineering in the licensee’s name or in affiliation with a different business organization.
(5) Disciplinary action against a business organization shall be administered in the same manner and on the same grounds as disciplinary action against a licensed engineer.
EFFECTIVE DATE: October 1, 2019
471.025 Seals.—
SUMMARY: The statute amendment provides requirements for requiring a successor engineer to be able to independently re-create certain work when seeking to reuse certain documents; specifying that a successor engineer assumes full professional and legal responsibility by signing or affixing his or her seal to assumed documents; and releasing the engineer who previously sealed the documents from any professional responsibility or civil liability for her or his work that is assumed by a successor engineer
471.025 Seals.
(4) A successor engineer seeking to reuse documents previously sealed by another engineer must be able to independently re-create all of the work done by the original engineer. A successor engineer assumes full professional and legal responsibility by signing and affixing his or her seal to the assumed documents. Such documents must be treated as though they were the successor engineer’s original product, and the original engineer is released from any professional responsibility or civil liability for prior work assumed by the successor engineer. For the purposes of this subsection, the term “successor engineer” means an engineer who is using or relying upon the work, findings, or recommendations of the engineer who previously sealed the pertinent documents.
EFFECTIVE DATE: July 1, 2022
471.055 Definitions
SUMMARY: The statute amendment provides for establishing the Structural Engineering Recognition Program for Professional Engineers.
471.055 Structural Engineering Recognition Program for Professional Engineers
(1) The board shall establish the Structural Engineering Recognition Program for Professional Engineers to recognize professional engineers who specialize in structural engineering and have gone above and beyond the required minimum professional engineer licensing standards. The board shall establish minimum requirements to receive recognition through the program. The board must recognize any licensed professional engineer who has successfully passed the National Council of Examiners for Engineering and Surveying Structural Engineering 16-hour PE Structural examination or any other examination approved by the board. In addition, the board may recognize any licensed professional engineer who specializes in structural engineering based on alternative criteria determined by the board.
(2) Upon application to the board, a professional engineer who has the minimum program requirements shall be recognized as a professional engineer who has gone above and beyond in the field of structural engineering. The board may not collect a fee for such application or for recognition by the program.
(3) A professional engineer who is recognized by the program may identify such recognition in her or his professional practice, including in marketing and advertising materials.
(4) Recognition by the program is not required for a professional engineer to practice structural engineering.
(5) The board shall adopt rules to implement this section.