Florida Engineering Laws Statutes. Administrative Laws (Rules)

Transcription

1 Florida Engineering Laws Statutes F.S. Chapter 471 & Administrative Laws (Rules) F.A.C. Section 61G15 1

2 Course Description This course provides a review of the Laws and Rules that are relevant to engineers licensed by the Florida Board of Professional Engineers. The course covers Chapters 455 and 471 of the Florida Statutes and Chapter 61G15 of the Florida Administrative Code. Particular emphasis is placed on rules and laws that were adopted, amended or repealed by the Board and the Florida Legislature in the previous biennium. 2

3 Course Objectives Successful completion of the Laws and Rules course will better enable course participants to: 1. Identify definitions of critical terminology used in Chapter 471 of the Florida Statutes and section 61G15 of the Florida Administrative Code. 2. Discuss the rulemaking authority of the Florida Board of Professional Engineers. 3. Identify the statutory requirements for continuing professional competency. 4. Identify laws and rules in final adoption between March 1, 2010 and February 29, Discuss the purpose and authority of the Florida Engineers Management Corporation. 6. Discuss disciplinary guidelines for breaking Board rules. 7. Discuss applications of Florida Statutes and laws and rules of the Florida Board of Copyright Professional FIU College of Engineers Engineering and Computing for specific 2012 case studies. 3

4 Specific Knowledge or Skill Obtained Be able to cite the chapters of the Florida Statutes and the Florida Administrative Code that are applicable to engineers Be capable of describing the respective roles of the legislature and the Board in enacting laws and rules for Florida Engineers Be able to state the purpose of the FEMC and the respective roles of the Board and the FEMC in disciplinary cases, including investigation, prosecution, probable cause determination and issuing Final Orders Be capable of describing the degree of control that must be exercised by the Engineer of Record, as well as the types of questions that an engineer in responsible charge should be able to answer regarding his proficiency, decision-making and degree of involvement on a particular project Be able to describe in broad terms the range of penalties that can be imposed in disciplinary cases 4

5 Specific Knowledge or Skill Obtained Have the capability to describe some of the mitigating and aggravating circumstances that the Board may consider so as to impose penalties outside of the disciplinary guidelines Be capable of listing a minimum of three (3) qualifying activities and two (2) non-qualifying activities to meet the Area of Practice requirements for continuing education Be able to outline what the rules state about the sealing of preliminary plans Be capable of describing the Board s position on processing of anonymous complaints Have the ability to name two (2) out of the three (3) choices that a Respondent has available when an administrative complaint is issued Be able to describe the role of a Probable Cause Panel (PCP) in the disciplinary process 5

6 Specific Knowledge or Skill Obtained Be capable of delineating when an engineer can request a formal hearing before an administrative law judge (ALJ) vs. an informal hearing in front of the Board Be able to explain whether the Board is required to accept ALJ recommendations, PCP recommendations and settlement stipulations, or whether the Board has the latitude to deviate from these when issuing a Final Order 6

7 Evaluation Method After taking this class, registrants are required to take and pass with a 80% score a multiple-choice exam consisting of 50 questions. The exam can be accessed on our website at: Upon passing the exam, a certificate for 4 PDH will be mailed to the registrant s address provided. 7

8 Course Outline I. Florida Statute Chapter 471 a. Purpose and Intention b. Qualifications and Exemptions c. Definitions d. Licensing e. Florida Engineers Management Corporation and NCEES f. Building Code Inspections g. Changes to Chapters 455 and 471, F.S., from legislative action during the preceding biennium 8

9 II. III. Course Outline (cont.) Chapter 61G15 of the Florida Administrative Code a. Probable Cause Determination b. Approved Schools and Colleges c. Educational Advisory Committee d. Disciplinary Proceedings e. Cases for Disciplinary Action f. Rules adopted, amended, or repealed during the immediately preceding biennium Case Studies 9

10 Florida Chapter 471 What is the purpose of the Florida Board of Engineers? What is the intended purpose of FS 471 and 61G15? What are the qualifications to be a professional engineer in Florida? Are there exemptions under FS 471 for being professionally licensed? What are the consequences of practicing without licensure? 10

11 What: Abstract Florida Statute 471 provides for the regulation and continued education of practicing engineers Why: To protect the health and safety of the public by regulating the practice of engineering How: Through the Florida Board of Professional Engineers and the Florida Engineers Management Corporation 11

12 Purpose Purpose.--The Legislature deems it necessary in the interest of public health and safety to regulate the practice of engineering in this state Regulation shall be carried out by the Florida Board of Professional Engineers by reviewing applications, administering examinations, licensing qualified applicants, and regulating the practice of engineering throughout the state. 12

13 Intention It is the intention of the Florida Department of Business and Professional Regulation to maintain a program of certification, recertification, oversight and enforcement for the qualification and competency of professional engineers, as well as the maintenance of public safety and reputability of the engineering profession. 13

14 Qualifications (1) No person other than a duly licensed engineer shall practice engineering or use the name or title of "licensed engineer," "professional engineer," or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an engineer in this state - (FS ) (2) Notwithstanding the provisions of this chapter or of any other law, no licensed engineer is precluded from performing architectural or planning duties and viceversa as long as they are supervised by someone licensed in that profession and do not identify themselves as such. 14

15 Exemptions The following individuals are not required to be licensed as engineers: Property owners performing work on their own home, land, etc. A Pubic Official working on a project estimated to be $10,000 or less Employees of the state under direct supervision of a licensee Employees of a public utility Manufacturers and fabricators of equipment used in engineering Professional Surveyors and Mappers who delegate their work to a professional engineer or licensed firm. Licensed General Contractors working a Design-Build Contract in connection with a contracted professional engineer Defense and Aerospace company employees and contractors working on satellites, aircraft or defense related projects 15

16 Engineer and Engineer Intern F.S ) "Engineer" includes the terms "professional engineer" and licensed engineer" and means a person who is licensed to engage in the practice of engineering under this chapter. 6) "Engineer intern" means a person who has graduated from an engineering curriculum approved by the board and has passed the fundamentals of engineering examination as provided by rules adopted by the board. 16

17 Engineering "Engineering" includes the term "professional engineering" and means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land and water, teaching of the principles and methods of engineering design, engineering surveys, and the inspection of construction for the purpose of determining in general if the work is proceeding in compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property 17

18 Requirements for P.E. License 1. Good moral character 2. Degree from a 4-year board-approved engineering program 3. Pass, with board-acceptable score, the NCEES Fundamentals of Engineering exam 4. Accumulate minimum of 4 years of board acceptable engineering experience, 5. Pass, with board-acceptable score, the NCEES Principles and Practice of Engineering exam in one specialty area. 18

19 F.S Exclusions (1) A person may not: (a) Practice engineering unless the person is licensed under this chapter; (b) Use the name or title professional engineer or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an engineer when the person is not licensed under this chapter (2) Any person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s or s

20 Do Instructors in the Field Need to be Licensed? For the sole purpose of teaching the principles and methods of engineering design, notwithstanding the provisions of s (7), a person employed by a public postsecondary educational institution, or by an independent postsecondary educational institution licensed or exempt from licensure pursuant to the provisions of chapter 1005, is not required to be licensed under the provisions of this chapter as a professional engineer. 20

21 Licensure The management corporation shall issue a license to any applicant who the board certifies is qualified to practice engineering and who has passed the fundamentals examination and the principles and practice examination. 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 , 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 , and has satisfied the experience requirements set forth in s ; 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. 21

22 Grounds for Refusal of Licensure The board shall not issue a license by endorsement to any applicant who is under investigation in another state for any act that would constitute a violation of this chapter or of chapter 455 until such time as the investigation is complete and disciplinary proceedings have been terminated. The board shall not certify any applicant who has violated any of the provisions of s (examination compliance) 22

23 License Renewal The board shall require a demonstration of continuing professional competency of engineers as a condition of license renewal or relicensure. Every licensee must complete 4 professional development hours, for each year of the license renewal period. For each renewal period for such continuing education, 4 hours shall relate to this chapter and the rules adopted under this chapter and the remaining 4 hours shall relate to the licensee's area of practice. The board shall adopt rules that are consistent with the guidelines of the National Council of Examiners for Engineering and Surveying for multi-jurisdictional licensees for the purpose of avoiding proprietary continuing professional competency requirements and shall allow non-classroom hours to be credited. The board may, by rule, exempt from continuing professional competency requirements retired professional engineers who no longer sign and seal engineering documents and licensees in unique circumstances that severely limit opportunities to obtain the required professional development hour. 23

24 Fees (1) The board by rule may establish fees to be paid for applications, examination, reexamination, licensing and renewal, inactive status application and reactivation of inactive licenses, and record making and recordkeeping. Fees shall be based on department estimates of the revenue required to implement this chapter and the provisions of law with respect to the regulation of engineers. (2) The initial application and examination fee shall not exceed $125 plus the actual per applicant cost to the management corporation to purchase the examination from the National Council of Examiners for Engineering and Surveying or a similar national organization. The examination fee shall be in an amount which covers the cost of obtaining and administering the examination and shall be refunded if the applicant is found ineligible to sit for the examination. The application fee shall be nonrefundable. (3) The initial license fee shall not exceed $

25 Florida Board of Professional Engineers Licensing Organization under the Florida Department of Business and Professional Regulation Authorized by statute to adopt rules (F.S ) Composed of 11 members ( 9 certified engineers and 2 laypeople) appointed by the governor. Administrative and investigative services are provided through the Florida Engineers Management Corporation. 25

26 Florida Engineers Management Corporation A public-private partnership created to provide administrative, investigative, and prosecutorial services to the board in accordance with this chapter. It may hire staff as necessary to carry out its functions. Must be a Florida corporation not for profit under the provisions of chapter 617. Must be approved by the board, and the department, to operate for the benefit of the board and in the best interest of the state on a fiscal budget running from July 1 st to June 30 th. Have a seven-member board of directors, five of whom are to be appointed by the board and must be registrants regulated by the board and two of whom are to be appointed by the secretary and serve 4 yr terms. Officers must be selected in accordance with its bylaws. 26

27 National Council of Examiners for Engineering and Surveying (NCEES) Voluntary national organization of State Boards of Engineers and Boards of Land Surveyors Maintains Model Licensing Laws Writes Fundamentals of Engineering and Principles and Practice exams Principles and practice exams most pertinent to civil engineers: Civil Structural I and II Environmental 27

28 F.S Building Code Inspections A person who is currently licensed under this chapter to practice as a professional engineer may provide building code inspection services without being certified by the Florida Building Code Administrators and Inspectors Board. Any complaint investigation that may arise out of a professional engineer's performing building code inspection services shall be conducted by the Board of Professional Engineers. A professional engineer may not perform plans review as an employee of a local government upon any job that the professional engineer or the professional engineer's company designed. 28

29 Changes to Chapters 455 and 471 Changes to Chapters 455 and 471, F.S., from legislative action during the preceding biennium 29

30 BOARD OF PROFESSIONAL ENGINEERS CHAPTER 61G15-18 ORGANIZATION AND PURPOSE 30

31 Probable Cause Determination 61G (1) Probable cause determination as to a violation of Chapter 471 or Chapter 455, F.S. and rules promulgated pursuant thereto shall be made by a probable cause panel of three (3) board members or two (2) board members and one (1) past board member. Said members shall be appointed as a standing probable cause committee at the first board meeting of each calendar year and shall serve for a period of one (1) year. All proceedings of the probable cause panel shall be conducted in accordance with Chapters 120 and 455, F.S. 31

32 Approved Schools and Colleges 61G A list of the approved degree programs of schools and colleges acceptable to the Board, both as education and as experience, for admittance to the examination shall be maintained by the Board as an official record of the Board with such additions or deletions as the Board may determine by official act from time to time. 32

33 Educational Advisory Committee 61G The Board shall appoint an Educational Advisory Committee which shall be composed of not less than one (1) member of the Board. The committee shall be advised by expert consultants retained by FEMC Said consultants shall be individuals who have knowledge and experience of curricula of engineering schools and colleges and of national accreditation standards for professional degrees in engineering programs which shall have been gained either as a college faculty member or as a professional engineer. The Educational Advisory Committee shall examine and review applications for examination or licensure by endorsement made to the Board under the provisions of Rule 61G , F.A.C., to ensure that the engineering curricula and applicants degree programs meet required standards of accreditation. 33

34 Disciplinary Procedings CHAPTER 61G15-19 To comply with the purpose of Chapter 471, F.S., which is to safeguard life, health and property to promote the public welfare and to maintain a high standard of integrity and practice, the Board of Professional Engineers has developed Grounds for Disciplinary Proceeding. These rules shall be binding on every person holding a license to offer or perform engineering services in this State. All persons registered under Chapter 471, F.S., are required to be familiar with Chapter 471 and the rules promulgated thereto. The Grounds for Disciplinary Proceedings delineate specific obligations which must be met by a professional engineer. 34

35 COLLEGE CIVIL AND OF ENVIRONMENTAL ENGINEERING AND ENGINEERING COMPUTING Cases for Disciplinary Action Attempting to procure a license to practice engineering by fraudulent means Having a license revoked by another state or country Being convicted of a crime involving engineering Filing of a false report required by law False or misleading advertisements Practicing with a suspended or expired license Affixing his or her seal upon any items which were not prepared or supervised under his or her control Performing building code inspection services under s , without satisfying the insurance requirements 35

36 Changes to Chapter 61G15 Rules adopted, amended, or repealed during the immediately preceding biennium 36

37 Questions? 37