Purpose
The Florida Board of Professional Engineers (“FBPE”) is statutorily mandated to require the forms by which plans or other documents are considered properly signed and sealed by a Florida Professional Engineer. Pursuant to this authority, the FBPE has promulgated rules in Chapter 61G15-23, Florida Administrative Code. These rules allow three forms of signing and sealing: digital, electronic, or physical. The current rules specifically mandate that printed copies of digitally or electronically signed and sealed plans are not considered signed and sealed. However, a number of building departments, authorities having jurisdiction, or other state, county, or local governmental agencies do not currently accept digital or electronic plans or documents, requiring physically signed and sealed documents be submitted or filed.
On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency in response to the spread of the Novel Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially declared that a state of emergency exists in the State of Florida. On April 1, 2020, Governor DeSantis issued Executive Order Number 20-91 (Essential Services and Activities During COVID-19 Emergency), which directed all persons within the State to remain at home unless engaged in the provision of essential services or engaged in essential activities. Since these Orders have been issued, they have been renewed, with some modifications, a number of times.
COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza. As of July 14, 2020, there are over 143,000 confirmed cases of COVID-19 in the State of Florida. The Center for Disease Control (“CDC”) continues to recommend mitigation measures to combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk, including older adults and those who have serious chronic medical conditions, to avoid non-essential travel, interpersonal contact, and to avoid groups of persons as much as possible.
In response to the Public Health Emergency, on April 14, 2020, the FBPE issued Emergency Rule 61G15ER20-4, which temporarily removed the restriction in existing rules that printed copies of digitally signed and sealed copies are not considered signed and sealed; under the Emergency Rule, rather than physical signature and seal, plans may be digitally or electronically signed and sealed, and then those documents are transmitted by electronic means, and printed by the recipient, which eliminates the need for groups of licensees to meet, or individual licensees to leave their homes to travel to a location to sign/seal the plans and then physically deliver them. The FBPE found this method satisfied the purpose and intent of the signing and sealing law without exposure to the dangers of being in groups of people, necessity of travel itself, potential contribution to the spread of the virus, and most importantly, would ensure compliance with the State Health Officer’s Orders, CDC Recommendations, and Governor DeSantis’s Emergency Orders.
Since promulgation of Emergency Rule 61G15ER20-4, the public health emergency has not sufficiently abated such that the restriction on use of printed copies of digitally or electronically signed and sealed plans can be reinstated, without putting Florida’s Professional Engineers, and those who come in contact with them, at unnecessarily risk during this healthcare emergency. Accordingly, the FBPE, has determined to promulgate a second emergency rule, with identical terms as Emergency Rule 61G15ER20-4, and to simultaneously initiate rulemaking to amend existing rules 631G15-23.004 and 61G15-23.005, F.A.C., to remove the restriction on use of printed copies of digitally or electronically signed and sealed plans or documents through December 31, 2020. The FBPE finds that this action is a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 to Floridians, including Professional Engineers and those that come in contact with them, while still satisfying the purpose and intent of the waived restriction.