The Board proposes the rule amendments to update and refine the requirements for electronically and digitally signing and sealing documents.

 

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 proposes the rule amendments to update and refine the requirements for electronically and digitally signing and sealing documents.

SUMMARY: Update and refine requirements for electronically and digitally signing and sealing documents.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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), 471.033(2), 471.008 FS.

LAW IMPLEMENTED: 471.025, 471.033(1)(d), 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, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; [phone].

 

THE 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 (b) No change. 

(c) The engineering plans, specifications, reports or other documents being digitally signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed:

1. The same information required by subsection 61G15-23.002(2), F.A.C. if a digitally created image of the seal is not use;

2. The item has been digitally electronically signed and sealed using a Digital Signature; and,

3. Printed copies of this the document are not considered signed and sealed and all signatures must be verified on any electronic copies.

(d) Formatting of seals and text similar to that depicted below may be used.

1. When a digitally created seal is used:

 

2. When a digitally created seal is not used:

 

 

 

 

 

 

 

 

 

(e) through (f) No change. 

Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(d), 668.006 FS. History–New 11-3-15,            .

 

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

(1) No change.  

(2) A professional engineer utilizing an electronic signature to electronically sign and seal engineering plans, specifications, reports or other documents using the Florida Department of Transportation (FDOT) Professionals’ Electronic Data Delivery System (PEDDS) software shall:

(a) Create a “signature” file that contains the licensee’s given name, the licensee’s license number, a brief overall description of the engineering documents to be signed and sealed, a list of the electronic files to be signed and sealed, and the SHA-1 authentication code or Secure Hash Standard for each electronic file to be signed and sealed. The SHA-1 or Secure Hash Standard authentication code is described in Federal Information Processing Standard Publication 180-4 “Secure Hash Standard,” August 2015, 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-05976.

(b) Create a “signature” report that contains the licensee’s given name, the licensee’s license number, a brief overall description of the engineering documents to be signed and sealed and the SHA-1 authentication code of the signature file;

(c) Print and manually sign, date and seal the signature report in compliance with Rule 61G15-23.003, F.A.C.;

(d) Transmit the signed, dated and sealed signature report to the receiving party along with the signed, dated and sealed signature file, 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; and,

(e) The signature file is considered to be signed and sealed if the signature file’s authentication code matches the authentication code on the manually signed, dated and sealed signature report. Each electronic file listed within the signed and sealed signature file is considered to be signed and sealed if the listed SHA-1 authentication code in the signature file matches the electronic file’s SHA-1 authentication code.

(3) A professional engineer utilizing an electronic signature to electronically sign and seal engineering plans, specifications, reports or other documents other than through the FDOT PEDDS system shall:

(a) Create a static electronic version, such as PDF, of the engineering document(s) that is to be electronically transmitted signed and sealed;

(b) Compute an SHA-1 authentication code for each electronic engineering document;

(c) Create a printable “signature report” that contains the licensee’s given name, the licensee’s license number, and a list of the electronic files to be signed and sealed that includes a brief description of each engineering document and the SHA-1 authentication code of each engineering document;

(d) Print and physically manually sign, date and seal the “signature report” in compliance with Rule 61G15-23.003, F.A.C.; and,

(e) Transmit the signed, dated and sealed “signature report” to the receiving party along with each electronically signed, dated and sealed engineering document either by hardcopy or electronic scan., If if scanned and sent electronically,. The The hardcopy of the signed and sealed report shall be retained by the licensee in accordance with Rule 61G15-30.009, F.A.C. Each engineering document is considered to be electronically signed and sealed if the document’s SHA-1 authentication code matches the SHA-1 authentication code on the physically signed, dated and sealed “signature report.”

(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 (b) No change.

(c) A scanned, facsimile, digitally created or copied image of the licensee’s signature shall not be used on electronically signed and sealed engineering plans, specifications, reports or other documents.

(c)(d) The engineering plans, specifications, reports or other documents being electronically signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed:

1. No change.

2. The item has been electronically signed and sealed using a SHA-1 authentication codes; and,

3. Printed copies of the document are not considered signed and sealed and all SHA-1 authentication code must be verified on any electronic copies.

(d)(e) Formatting of seals and text similar to that depicted below may be used.

1. When a digitally created seal is used:

 

This item has been electronically signed and sealed by C. S. Hammatt, PE. On [DATE] using a SHA-1 authentication code.   Printed copies of this document are not considered signed and sealed and the SHA-1 authentication code must be verified on any electronic copies.

 

2. When a digitally created seal is not used:

 

 

C. S. Hammatt, State of Florida, Professional Engineer, License No. X

 

This item has been electronically signed and sealed by C. S. Hammatt, PE. On [DATE] using a SHA-1 authentication code.

 

Printed copies of this document are not considered signed and sealed and the SHA-1 authentication code must be verified on any electronic copies.

 

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,                           .

 

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:  April 12, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  May 17, 2017