The Board proposes the rule amendment to modify language for clarification of procedures for signing and sealing electronically transmitted plans, specifications, reports or other documents and to delete unnecessary language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-23.003Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents

PURPOSE AND EFFECT: The Board proposes the rule amendment to modify language for clarification of procedures for signing and sealing electronically transmitted plans, specifications, reports or other documents and to delete unnecessary language.

SUMMARY: The rule amendment will modify language for clarification of procedures for signing and sealing electronically transmitted plans, specifications, reports or other documents and to delete unnecessary 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, 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: 471.025(1), 668.006 FS.

LAW IMPLEMENTED: 471.025 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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-23.003 Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents.

(1) Engineering work which must be sealed under the provisions of Section 471.025, F.S., may be signed electronically or digitally as provided herein by the professional engineer in responsible charge. As used herein, the terms “certification authority," "digital signature" and "electronic signature" shall have the meanings ascribed to them in Sections 668.003(2),(3), and (4), F.S. The affixing of a digital or electronic signature to engineering work as provided herein shall constitute the sealing of such work.

(a) through (b) No change.

(2) A professional engineer utilizing a digital signature to seal engineering work shall have their identity authenticated by a certification authority and shall assure that the digital signature is:

(a) through (d) No change.

(3) A professional engineer utilizing an electronic signature to seal engineering work shall create a "signature" file that contains the engineer's name and PE number, a brief overall description of the engineering documents, and a list of the electronic files to be sealed. Each file shall have an authentication code defined as an SHA-1 message digest described in Federal Information Processing Standard Publication 180-3 "Secure Hash Standard," October 2008, which is hereby adopted and incorporated by reference by the Board and can be obtained from the Internet Website: http://www .flrules.org/Gateway/reference.asp?No=Ref-00790 or http:/ /csrc.nist.gov/publications/fips/fips 180-3 _final. pdf. The licenses shall then create a report that contains the engineer's name and PE number, a brief overall description of the engineering documents in question and the authentication code of the signature file. This report shall be printed and manually signed, dated, and sealed by the professional engineer in responsible charge. The signed and sealed report shall be sent to the authority having jurisdiction either by hardcopy or electronic scan; if scanned and sent electronically. The hardcopy signed and sealed report shall be retained by the licensee in accordance with Rule 61G15-30.009, F.A.C. The signature file is defined as sealed if the signature file's authentication code matches the authentication code on the printed, manually signed, dated, and sealed report. Each electronic file listed in a sealed signature file is defined as sealed if the listed authentication code in the signature file matches the electronic file's computed authentication code.

(4) No change.

Rulemaking Authority 471.025(1), 668.006 FS. Law Implemented 471.025 FS. History--New 8-18-98, Amended 9-4-05, 5-6-09, 1-5-12, 8-20-12,_________.

 

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, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2013