The purpose of the amendment is to update the rule based on the statutory changes in Section 10, Chapter 2019-86, Laws of Florida, which creates subsection 471.025(4), F.S.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-27.001Procedures for a Successor Professional Engineer Adopting As His Own the Work of Another Engineer

PURPOSE AND EFFECT: The purpose of the amendment is to update the rule based on the statutory changes in Section 10, Chapter 2019-86, Laws of Florida, which creates subsection 471.025(4), F.S.

SUMMARY: Update rule text.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 471.033(2) FS.

LAW IMPLEMENTED: 471.033(1)(j), 471.005(6) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

        61G15-27.001 Procedures for a Successor Professional Engineer Adopting As His Own the Work of Another Engineer.

(1) A successor professional engineer seeking to reuse already sealed plans, prints, engineering specifications, and/or engineering calculations used for permitted works under the successor professional engineer’s seal must be able to document and produce upon request evidence that he has in fact recreated all the work done by the original professional engineer shall do so in compliance with section 471.025(4), F.S. In other words, calculations, site visits, research and the like must be documented and producible upon demand. Further, the successor professional engineer must take all professional and legal responsibility for the plans, prints, engineering specifications, and/or engineering calculations used for permitted works which he sealed and signed and can in no way exempt himself from such full responsibility. Plans, prints, engineering specifications, and/or engineering calculations used for permitted works need not be redrawn by the successor professional engineer; however, justification for such action must be available through well kept and complete documentation on the part of the successor professional engineer as to his having rethought and reworked the entire design process. A successor professional engineer must use his own title block, seal and signature and must remove the title block, seal and signature of the original professional engineer before reusing any sealed, prints, engineering specifications, and/or engineering calculations used for permitted works.

(2) Prior to sealing and signing such work a successor professional engineer shall be required to notify the original professional engineer, his successors, or assigns of the successor’s intention to use or reuse the original professional engineer’s work. Notification shall be by certified letter or other verifiable communication to the last known physical or electronic address of the original professional engineer.

(3) A professional engineer’s reliance upon and legal use of another’s engineering work, in the normal course of providing original service, is not reuse or adoption of such other engineer’s work as contemplated by section 471.025(4), F.S., and the professional engineer relying upon such work is not a “successor engineer” as used in that section. Such engineering work includes but is not limited to, geotechnical reports, soil investigation reports, legal surveys, and other works that may be sealed, but which are used to support the professional engineer’s work and are not adopted as the professional engineer’s original service or work product.

Rulemaking Authority 471.033(2) FS. Law Implemented 471.025(4), 471.033(1)(j), 471.005(6) FS. History–New 8-25-87, Amended 4-21-88, 8-3-88, Formerly 21H-27.001, Amended 8-8-18,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 1, 2019