61G15-22.001 - The Board proposes the rule amendment to update the rule’s language to allow the professional ethics class to be obtained from any US jurisdiction; it no longer has to be Florida Board approved. 61G15-22.006 - The Board proposes the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-22.001Continuing Education Requirements

61G15-22.006Demonstrating Compliance; Audits; Investigations

61G15-22.009Exemptions

PURPOSE AND EFFECT: 61G15-22.001 - The Board proposes the rule amendment to update the rule’s language to allow the professional ethics class to be obtained from any US jurisdiction; it no longer has to be Florida Board approved. 61G15-22.006 - The Board proposes the rule amendment to update the rule based on the statutory changes in Sections 2 and 7, Chapter 2019-86, Laws of Florida, and to specify that licensees with reinstated void licenses will be included in the biennial continuing education audit. 61G15-22.009 - The Board proposes the amendment to clarify the scope of the exemption from CE requirements only applies to new licensees by examination, not to endorsement or reinstated licenses.

SUMMARY: Update rules 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: 455.213(6), 455.2178, 455.2179, 471.008, 471.017(3), 471.019, 471.0195 FS.

LAW IMPLEMENTED: 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019, 471.0195 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:

 

61G15-22.001 Continuing Education Requirements.

(1) Each licensee shall complete eighteen (18) continuing education hours during each license renewal biennium as a condition of license renewal. Four (4) hours shall relate to the licensee’s area(s) of practice; one (1) hour must be related to professional ethics; and one (1) hour shall relate to chapter 471, F.S., and the rules of the Board. The remaining hours may relate to any topic pertinent to the practice of engineering as defined in rule 61G15-22.002, F.A.C. The one (1) hour of professional ethics must be obtained from a professional ethics course approved for credit in any US jurisdiction. The one and (1) hour of laws and rules required by section 471.017, F.S., must be obtained from courses approved by the Board pursuant to rule 61G15-22.0105, F.A.C.

(2) No change.

(3) Beginning with the Fifth Edition of the Florida Building Code, all licensees actively participating in the design of engineering works or systems in connection with buildings, structures, or facilities and systems covered by the Florida Building Code, as identified within section 553.73(1)(a), F.S., shall:

(a) Complete at least one (1) advanced Florida Building Code course within twelve (12) months of each edition of the Florida Building Code effective date,

(b) No change.

(4) No change.

Rulemaking Authority 471.008, 471.017(3), 471.0195 FS. Law Implemented 471.017(3), 471.0195 FS. History–New 8-19-80, Formerly 21H-22.01, Amended 5-14-86, Formerly 21H-22.001, Amended 6-22-99, 6-13-00, 2-22-01, 9-16-01, 3-7-13, 9-29-14, 2-18-16, 8-1-18,                       .

 

61G15-22.006 Demonstrating Compliance; Audits; Investigations.

(1) No change.

(2) The Board will randomly audit a minimum of three percent (3%) of licensees to assure that the continuing education requirements are met.

(a) No change.

(b) Licensees whose void license was reactivated during the previous renewal cycle will be included within the group of licensees audited for the current renewal cycle.

(c) A failure to produce documentation of compliance with continuing education requirements during an audit will result in the opening of a disciplinary complaint against the licensee for violation of paragraph 61G15-19.001(6)(s), F.A.C. If a violation is proven, the penalty shall be within the guidelines established by sub-subparagraph 61G15-19.004(2)(g)4.i., F.A.C.

(3) through (4) No change.

Rulemaking Authority 455.213(6), 455.2178, 471.008, 471.017(3) FS. Law Implemented 455.2177, 455.2178, 471.017(3) FS. History–New 9-16-01, Amended 7-13-04, 8-20-12, 1-2-18, 8-1-18,                           .

 

61G15-22.009 Exemptions.

(1) New Llicensees who have achieved licensure by examination, pursuant to Section 471.013, F.S., shall be exempt for their first renewal period. This exemption does not apply to licensees by endorsement, licensees who directly registered for examination with NCEES, or to licensees upon reinstatement of previously void licenses.  This exemption does not apply to the requirement of section 471.0195, F.S., regarding Advanced Building Code training.

(2) through (3) No changes.

Rulemaking Specific Authority 455.213(6), 455.2178, 455.2179, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended             .

 

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: September 11, 2019