The Board proposed amendments to update and remove rule language that is now outdated and superseded.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-23.004Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents

61G15-23.005Procedures for Electronically Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents

PURPOSE AND EFFECT: The Board proposed amendments to update and remove rule language that is now outdated and superseded.

SUMMARY: The proposed rule amendments update and remove outdated and superseded rule language.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 471.025(1), 471.033(2), 471.008 FS.

LAW IMPLEMENTED: 471.025, 471.033(1)(j), 668.003, 668.006 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, 2400 Mahan Drive, Tallahassee, FL 32308; [phone] or by electronic mail, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents.

(1) through (2) No Change.

(3) The affixing of a digital signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items.

(a) through (f) No Change.

(g) Beginning on the effective date of this rule amendment, November 2, 2020, and continuing until December 31, 2020, the restriction contained in subparagraph (3)(c)3., above, and the text of required language illustrated in subparagraphs (3)(d)1. and 2., that printed copies of digitally signed and sealed plans or documents are not considered signed and sealed is removed, and printed copies of said plans or documents are deemed validly signed and sealed for any purpose allowed by law.  After December 31, 2020, the existing restriction is reinstated. Any licensee seeking to use printed copies of digitally signed and sealed plans or documents must retain an original copy of the signed and sealed plans.

Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(j), 668.003, 668.006 FS. History–New 11-3-15, Amended 9-7-17, 6-19-18, 11-2-20,                         .

 

61G15-23.005 Procedures for Electronically Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents.

(1) through (3) No Change.

(4) The affixing of an electronic signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items.

(a) through (d) No Change.

(e) Beginning on the effective date of this rule amendment, November 2, 2020, and continuing until December 31, 2020, the restriction contained in subparagraph (4)(c)3., above, and the text of required language illustrated in subparagraphs (4)(d)1. and 2., that printed copies of electronically signed and sealed plans or documents are not considered signed and sealed is removed, and printed copies of said plans or documents are deemed validly signed and sealed for any purpose allowed by law. After December 31, 2020, the existing restriction is reinstated. Any licensee seeking to use printed copies of electronically signed and sealed plans or documents must retain an original copy of the signed and sealed plans.

Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 668.006 FS. History–New 11-3-15, Amended 2-3-16, 10-26-16, 9-7-17, 6-19-18, 11-2-20,                         .

 

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 7, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2024