The Board proposes the rule amendments to address JAPC concerns and public comments received regarding Structural Engineering Recognition Program for Professional Engineers.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-20.0011Structural Engineering Recognition Program For Professional Engineers

PURPOSE AND EFFECT: The Board proposes the rule amendments to address JAPC concerns and public comments received regarding Structural Engineering Recognition Program for Professional Engineers.

SUMMARY: The proposed rule amendment clarifies and updates the rule language for Structural Engineering Recognition Program for Professional Engineers.

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: 471.055 FS.

LAW IMPLEMENTED: 471.055 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:

 

61G15-20.0011 Structural Engineering Recognition Program For Professional Engineers.

Pursuant to Section 471.055, F.S., the Board establishes the following minimum requirements for Florida licensed professional engineers who specialize in structural engineering and who have exceeded required minimum professional engineer licensing standards in that specialty area to receive recognition through the Structural Engineering Recognition Program for Professional Engineers.

(1) Any professional engineer currently licensed in good standing in the state of Florida who desires Recognition as a Structural Engineer in Florida shall submit an online form to the Board. The form is located on the board’s website at www.FBPE.org/FBRSE. The Board shall Recognize only those applicants who have completed the online form, including submission of required documentation, and who have demonstrated to the Board that they have:

(a) No Change.

(b) Prior to January 1, 2004, pPassed an equivalent 16-hour state-written examination equivalent in scope and content to the examination identified in paragraph (1)(a), above.prior to January 1, 2004, OR

1. For purposes of this rule, the board identifies the following as examinations equivalent in scope and content as: the 16-hour Western States Structural Engineering examination OR

(c) Passed the NCEES Structural II exam plus an equivalent 8-hour state-written structural examination prior to January 1, 2011. For purposes of this rule, the board will accept the following 8-hour examinations: 8-hour NCEES Civil: Structural Examination; 8-hour NCEES Architectural Engineering Examination; 8-hour California Structural Engineering Seismic III Examination; or 8-hour Washington Structural Engineering III Examination, OR

(d) No Change.

(e) Held an active license(s) or registration(s) (as applicable) in any US Jurisdiction and:

1. Has at least fivefifteen (15) years of experience after licensure as a Professional Engineerworking on designing and/or inspecting significant structural engineering projects. For purposes of this ruleparagraph, “significant structural engineering projects” is defined as the design or inspection of structural components and systems of any of the following:

a. Buildings over twothree stories.

b. No Change.

c. Risk Category III or IV buildings, as defined by Table 1604.5 RISK CATEGORY OF BUILDINGS AND OTHER STRUCTURES in the current Florida Building Code in effect at the time of application or equivalent classification in another jurisdiction.

d. No Change.

2. The license(s) and/or registration(s) must have been awarded at least 15 years prior to the application date, and must remain valid continuously through the application process, and

3. The license(s) and/or registration(s) must not have been disciplined or otherwise acted against for a violation related to the field of structural engineering.

(2) Any Florida Licensed PE recognized by the Florida Board may be so indicated by using the designation “Florida Board Recognized Structural Engineer” or “FBRSE.” A professional engineer who is recognized by the program may identify such recognition in her or his professional practice, including marketing and advertising materials.

(3) No Change.

(4) Upon submission of the online form, the Board will timely notify an applicant of any documentation and/or information that is required to complete the request. If an applicant fails to supply any requested information within one (1) year of notification, the request will be presented to the Board for review and decision on the request as submitted.

(a) Documentation/Information required may include, but is not limited to, written proof of passage of examinations, verifications of out of state licensure, or for applicants by experience, a signed and sealed statement of experience demonstrating the scope of applicant’s work on significant structural engineering projects.

(b) If an applicant fails to supply any requested documentation and/or information that is required to complete the request within one (1) year of notification, the request will be presented to the Board for review and decision on the request as submitted.

(5) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date No later than December 31, 2026, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs. Failure by the Board at act in accordance with this provision will result in the expiration of this rule on December 31, 2026.

Rulemaking Authority 471.055 FS. Law Implemented 471.055 FS. History–New 8-25-22,                         .

 

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 10, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 12, 2022