The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 940
INTRODUCER: Senator Baxley
SUBJECT: Professional Structural Engineers
DATE: February 14, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Favorable
2. Renner McKay CM Favorable
3. Kraemer Phelps RC Favorable
I. Summary:
SB 940 authorizes the Florida Board of Professional Engineers (board) to establish minimum
standards of practice for the profession of structural engineering, which includes the structural
analysis and design of components for threshold buildings (those higher than 50 feet/three stories
or with an occupancy of greater than 500 persons), including engineering that requires significant
structural engineering education, training, experience, and examination, as determined by the
board.
The bill prohibits, effective March 1, 2024, the practice of professional structural engineering by
any person who is not a licensed professional structural engineer or otherwise exempted from
licensure under ch. 471, F.S., relating to engineering.
Under the bill, the following titles may not be used by persons who are not licensed or exempt
from licensing under current law relating to engineering: “licensed structural engineer,”
“professional structural engineer,” or “registered structural engineer,” or any designation that
indicates a person holds an active license.
The bill authorizes the board to certify persons as qualified to be licensed to practice professional
structural engineering if they are licensed or qualify for licensure as an engineer, have at least
four years of active structural engineering experience under the supervision of a licensed
professional engineer, have passed certain professional examinations, and meet other
administrative requirements. The bill also requires the board to certify qualified foreign or out-
of-state applicants for licensure by endorsement in certain circumstances.
SB 942, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill, and
provides for the establishment of licensing fees by the board to be paid by persons seeking
licensure as a professional structural engineer.
REVISED: BILL: SB 940 Page 2
See Section V, Fiscal Impact Statement.
The bill provides an effective date of July 1, 2022.
II. Present Situation:
Regulation of Professional Engineers
The practice of engineering is regulated by the board. Section 471.005(7), F.S., defines the term
“engineering” to include:
the term “professional engineering” and means any service or creative
work, the adequate performance of which requires engineering education,
training, and experience in the application of special knowledge of the
mathematical, physical, and engineering sciences to such services or
creative work as consultation, investigation, evaluation, planning, and
design of engineering works and systems, planning the use of land and
water, teaching of the principles and methods of engineering design,
engineering surveys, and the inspection of construction for the purpose of
determining in general if the work is proceeding in compliance with
drawings and specifications, any of which embraces such services or work,
either public or private, in connection with any utilities, structures,
buildings, machines, equipment, processes, work systems, projects, and
industrial or consumer products or equipment of a mechanical, electrical,
hydraulic, pneumatic, or thermal nature, insofar as they involve
safeguarding life, health, or property; and includes such other professional
services as may be necessary to the planning, progress, and completion of
any engineering services. A person who practices any branch of
engineering; who, by verbal claim, sign, advertisement, letterhead, or card,
or in any other way, represents himself or herself to be an engineer or,
through the use of some other title, implies that he or she is an engineer or
that he or she is licensed under this chapter; or who holds himself or herself
out as able to perform, or does perform, any engineering service or work or
any other service designated by the practitioner which is recognized as
engineering shall be construed to practice or offer to practice engineering
within the meaning and intent of this chapter [ch. 471, Engineering].
Unlike most Department of Business and Professional Regulation (DBPR) professions, the
administrative, investigative, and prosecutorial services for the board are not provided by the
DBPR. The DBPR contracts with the Florida Engineers Management Corporation (FEMC), a
nonprofit corporation, to provide such services.
1
The FEMC is a public-private nonprofit
association that has contracted with the DBPR to handle administrative, investigative, and
prosecutorial services for the Board of Professional Engineers.
2
1
See s. 471.038, F.S., the Florida Engineers Management Corporation Act, for the duties and authority of the FEMC.
2
See the Annual Report of the FEMC for FY 2020-2021, available at https://fbpe.org/wp-content/uploads/2021/10/2020-21-
FEMC-Annual-Report.pdf (last visited Feb. 4, 2022), and the contract between the DBPR and the FEMC for the period BILL: SB 940 Page 3
Section 471.008, F.S., authorizes the board to adopt rules to implement the provisions of
ch. 471, F.S., and for ch. 455, F.S., which provides the general licensing procedures for
professional licensing by the DBPR and its professional licensing boards. The board has adopted
responsibility rules for the profession of engineering addressing a variety of issues, including the
design of structures and fire protection systems.
3
There were 62,909 licensed professional engineers in Fiscal Year 2020-2021.
4
The FEMC
processed 231 complaints regarding engineering practice during that period, with 137 of those
complaints found to be legally sufficient to proceed, and filed 68 administrative complaints in
cases where probable cause was found relating to a violation of the practice act.
5
Professional Engineer License Qualifications and Exemptions
Section 471.013, F.S., provides the license qualifications for a professional engineer. In order to
be licensed as a professional engineer, a person must successfully pass two examinations: the
fundamentals examination and the principles and practices examination. Prior to being permitted
to sit for the fundamentals examination, an applicant must have graduated from:
An approved engineering science curriculum of four years or more in a board-approved
school, college, or university; or
An approved engineering technology curriculum of four years or more in a board-approved
school, college, or university.
6
The FEMC must issue a license to any applicant who the board certifies is qualified to practice
engineering and who has passed the fundamentals examination and the principles and practice
examination.
7
Under s. 471.015(2), F.S., the board must certify for licensure any applicant who has submitted
proof of being at least 18 years old and has the required engineering experience. For graduates of
an approved engineering science curriculum, the applicant must have a record of at least four
years of active engineering experience sufficient to indicate competence to be in responsible
charge of engineering. Graduates of an approved engineering technology curriculum must have a
record of at least six years of such qualified experience.
8
between July 1, 2021 and June 30, 2025 at https://fbpe.org/wp-content/uploads/2021/10/2021-25-DBPR-FEMC-Contract.pdf
(last visited Feb. 4, 2022).
3
The responsibility rules are in Fla. Admin. Code Chapters 61G15-30, 61G15-31, 61G15-32, and 61G15-33 (2021).
4
There were 530 inactive professional engineering licenses in that fiscal year. See Department of Business and Professional
Regulation, Annual Report, Fiscal Year 2020-2021, for the Divisions of Certified Public Accounting, Professions, Real
Estate, and Regulation (2020-2021 Annual Report) at p. 20, at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021.pdf (last visited Feb. 4, 2022).
5
See the Annual Report of the FEMC for FY 2020-2021, at https://fbpe.org/wp-content/uploads/2021/10/2020-21-FEMC-
Annual-Report.pdf, at p. 2 (last visited Feb. 4, 2022). The FEMC also filed 89 Final Orders with the DBPR; entered into
three negotiations, and tried one administrative hearing; dismissed two cases after re-consideration; issued 16 reprimands,
three suspensions, four probations, three project reviews, and three license restrictions; and imposed $44,765.23 in
administrative costs and $58,500 in fines. The board also issued 88 Final Orders against licensees.
6
Section 471.013(1)(a), F.S.
7
Section 471.015(1), F.S.
8
See ss. 471.015(2)(a)1. and 2., F.S. BILL: SB 940 Page 4
Section 471.003(2), F.S., identifies those persons who are exempted from the licensing
requirements of ch. 471, F.S.
Special Inspectors of Threshold Buildings
Section 471.015(7), F.S., authorizes the board to establish by rule the qualifications for
certification of licensees as inspectors of threshold buildings. A “threshold building” is “any
building which is greater than three stories or 50 feet in height, or which has an assembly
occupancy classification as defined in the Florida Building Code which exceeds 5,000 square
feet in area and an occupant content of greater than 500 persons.”
9
The board is also authorized to establish minimum qualifications for the qualified representative
of the special inspector who is authorized to perform inspections of threshold buildings on behalf
of the special inspector.
10
The agency charged with enforcing the building code (enforcing agency)
11
must require a special
inspector to perform structural inspections on a threshold building pursuant to a structural
inspection plan prepared by the engineer or architect of record.
12
Use of Engineer Seals
Section 471.025(1), F.S., authorizes the board to prescribe, by rule, one or more forms of seal to
be used by licensed engineers. Each licensee must obtain at least one seal.
13
All final drawings,
specifications, plans, reports, or documents prepared or issued by the licensee and filed for
public record and all final documents provided to the owner or the owner’s representative must
be signed by the licensee, dated, and sealed with the seal.
14
The signature, date, and seal are
evidence of the authenticity of the document to which they are affixed.
15
A licensee may not affix or permit to be affixed his or her seal, name, or digital signature to any
plan, specification, drawing, final bid document, or other document that depicts work which he
or she is not licensed to perform or which is beyond his or her profession or specialty.
16
A successor engineer seeking to reuse documents previously sealed by another engineer must be
able to independently re-create all of the work done by the original engineer, and assumes full
9
See s. 553.71(12), F.S.
10
See s. 471.015(7), F.S.
11
See s. 553.71(5), F.S., which defines the term “local enforcement agency” to mean “an agency of local government, a local
school board, a community college board of trustees, or a university board of trustees in the State University System with
jurisdiction to make inspections of buildings and to enforce the codes which establish standards for design, construction,
erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities.”
12
Section 553.79(5)(a), F.S.
13
Section 471.025(1), F.S.
14
Id.
15
Id.
16
Section 471.025(3), F.S. BILL: SB 940 Page 5
professional and legal responsibility by signing and affixing his or her seal to the assumed
documents.
17
Use of Descriptive Titles
Section 471.031, F.S., sets forth the permissible and prohibited titles for persons licensed under
ch. 471, F.S., and for persons who are otherwise exempted from such licensure. With certain
exceptions for persons exempted from licensure, the use of the name “professional engineer” or
any other title, designation, abbreviation, or indication that a person holds an active license as an
engineer when the person is not licensed under ch. 471, F.S., is prohibited, along with use of the
following titles:
Agricultural engineer;
Air-conditioning engineer;
Architectural engineer;
Building engineer;
Chemical engineer;
Civil engineer;
Control systems engineer;
Electrical engineer;
Environmental engineer;
Fire protection engineer;
Industrial engineer;
Manufacturing engineer;
Mechanical engineer;
Metallurgical engineer;
Mining engineer;
Minerals engineer;
Marine engineer;
Nuclear engineer;
Petroleum engineer;
Plumbing engineer;
Structural engineer;
Transportation engineer;
Software engineer;
Computer hardware engineer; and
Systems engineer.
18
Any person who violates the provisions commits a misdemeanor of the first degree.
19
17
Section 471.025(4), F.S. The original engineer is released from any professional responsibility or civil liability for work
that is assumed.
18
See s. 471.031(1)(b), F.S.
19
Section 471.031(2), F.S. A first degree misdemeanor is punishable by up to a year in county jail and a fine not exceeding
$1,000. Sections 775.082 and 775.083, F.S. BILL: SB 940 Page 6
Imposition of Discipline by the Board
The conduct that constitutes grounds for the imposition of discipline by the board are set forth in
s. 471.033, F.S. Such discipline includes denial of an application for licensure, suspension or
revocation of a license, imposition of fines, reprimands, probation, or restitution, and restriction
of the authorized scope of practice of a licensee.
20
Voluntary Structural Engineer Associations
The Florida Structural Engineers Association (FSEA) provides input on building codes and
enforcement and sponsors technical seminars to address common concerns of the profession.
21
Members of FSEA become members of the National Council of Structural Engineers
Associations (NCSEA).
22
The NCSEA was formed to improve the standard level of practice of
the structural engineering profession and provide an identifiable resource for seeking
communication with the profession.
23
It advocates for the practice of structural engineering on
behalf of its 44 member organizations.
24
According to the NCSEA, two states restrict who may
use the title “structural engineer,”
25
eight states have a partial practice act for structural
engineers,
26
and two states have a full practice act for structural engineers.
27
The National Council of Examiners for Engineering and Surveying is a nonprofit organization
composed of 69 engineering and surveying licensing boards from all 50 states, the District of
Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
28
It
provides services including engineering examinations, surveying examinations, exam preparation
materials, records programs, and credentials evaluations among other services to licensing
jurisdictions.
29
III. Effect of Proposed Changes:
Section 1 amends s. 471.003, F.S., to prohibit, effective March 1, 2024, the practice of
professional structural engineering by any person who is not a licensed professional structural
engineer or otherwise exempted from licensure under ch. 471, F.S., related to engineering.
The bill prohibits the use of the name or title of “licensed structural engineer,” “professional
structural engineer,” or “registered structural engineer” or any other title that indicates an
unlicensed person is a licensed professional structural engineer in this state. The bill amends
s. 471.003(2), F.S., to clarify that certain persons are not required to be licensed as a licensed
professional structural engineer, and this exemption includes contractors performing work
designed by a professional structural engineer.
20
Section 471.033(3), F.S.
21
See http://www.flsea.com/ and https://flsea.com/Messages_from_the_President (last visited Feb. 4, 2022).
22
Id.
23
See http://www.ncsea.com/about/ (last visited Feb. 4, 2022).
24
Id.
25
Idaho and Nebraska. See http://www.ncsea.com/resources/licensure/ (last visited Feb. 4, 2022).
26
Alaska, California, Georgia, Nevada, Oklahoma, Oregon, Utah, and Washington. Id.
27
Illinois and Hawaii. Id.
28
See The National Council of Examiners for Engineering and Surveying (ncees.org) (last visited Feb. 4, 2022).
29
Id. BILL: SB 940 Page 7
Section 2 amends s. 471.005, F.S., to define the term “professional structural engineer” to mean
a person who is licensed to engage in the practice of professional structural engineering in
Florida under ch. 471, F.S.
The bill defines the term “professional structural engineering” to mean a service or creative work
that includes the structural analysis and design of structural components or systems for threshold
buildings.
30
The term includes engineering that requires significant structural engineering
education, training, experience, and examination, as determined by the board.
The bill allows a retired professional structural engineer to be granted use of the title
“professional engineer, retired” or “professional structural engineer, retired” by the board, if the
retiree has:
Been licensed as a professional engineer by the board;
Relinquished or not renewed a license; and
Applied to and been approved by the board to use such title.
Section 3 amends s. 471.013(2)(a), F.S., relating to licensure, to include a reference to licensed
professional structural engineers.
Section 4 amends s. 471.015, F.S., to authorize the FEMC to license a person it certifies is
qualified to practice professional structural engineering if they are licensed or qualify for
licensure as an engineer, have at least four years of active professional structural engineering
experience under the supervision of a licensed professional engineer, have passed certain
professional examinations, and meet other administrative requirements.
Under the bill, an applicant for licensure as a professional structural engineer must:
Be licensed as an engineer, or qualify for licensure, under ch. 471, F.S.;
Submit an application in the format prescribed by the board;
Provide satisfactory evidence of good moral character, as defined by the board;
Provide a record of four years of active professional structural engineering experience, as
defined by the board, under the supervision of a licensed professional engineer; and
Have successfully passed the 16-hour National Council of Examiners for Engineering and
Surveying Structural Engineering examination.
Before March 1, 2024, a qualified applicant may satisfy the 16-hour examination requirement
by:
Submitting a signed affidavit in the format prescribed by the board that states the applicant is
currently a licensed engineer in Florida and has been engaged in the practice of structural
engineering with a record of at least four years of active structural engineering design
experience;
Possessing a current professional engineering license and filing the necessary documentation
as required by the board, or possessing a current threshold inspector license; and
30
Section 553.71(12), F.S., provides a “threshold building” is “any building which is greater than three stories or 50 feet in
height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000
square feet in area and an occupant content of greater than 500 persons.” BILL: SB 940 Page 8
Agreeing to meet with the board or its representative, at the board’s request, for the purpose
of evaluating the applicant’s qualifications for licensure.
An applicant who qualifies for licensure as an engineer may simultaneously apply for licensure
as a professional structural engineer, if all the above requirements and all education,
examination, experience, and good moral character requirements set forth in s. 471.013, F.S., are
met.
The bill sets forth the following requirements for board certification of an applicant as qualified
for licensure as a professional structural engineer by endorsement:
An applicant who holds a license to practice either engineering or professional structural
engineering issued by another state or territory of the United States, if the criteria for
issuance of the license were substantially the same as the licensure criteria that existed in
Florida at the time the license was issued; or
An applicant who holds a valid license to practice professional structural engineering issued
by another state or territory of the United States and who has successfully passed one of the
following 16-hour examination combinations:
o The 8-hour National Council of Examiners for Engineering and Surveying
31
Structural Engineering I examination and the 8-hour National Council of
Examiners for Engineering and Surveying Structural Engineering II examination.
o The 8-hour National Council of Examiners for Engineering and Surveying
Structural Engineering II examination and either the 8-hour National Council of
Examiners for Engineering and Surveying Civil: Structural examination or the 8-
hour National Council of Examiners for Engineering and Surveying Architectural
Engineering examination.
o The 16-hour Western States Structural Engineering examination.
o The 8-hour National Council of Examiners for Engineering and Surveying
Structural Engineering II examination, and either the 8-hour California Structural
Engineering Seismic III examination, or the 8-hour Washington Structural
Engineering III examination.
Section 5 amends s. 471.019, F.S., relating to reinstatement of void licenses, to include a
reference to licensed professional structural engineers.
Section 6 amends s. 471.025(2), F.S., regarding the use of seals on documents, to include a
reference to the use of seals when a professional structural engineer’s license is revoked or
suspended.
Section 7 amends s. 471.031, F.S., to provide that beginning March 1, 2024, no person may
practice professional structural engineering unless the person is licensed as a professional
structural engineer or exempt from licensure under ch. 471, F.S. The bill also provides that the
31
The National Council of Examiners for Engineering and Surveying (NCEES) is a nonprofit organization dedicated to
advancing professional licensure for engineers and surveyors. In the United States, engineers and surveyors are licensed at
the state and territory level. NCEES was created in 1920 and provides services for licensure and facilitation of mobility
among licensing jurisdictions, including the development and scoring of examinations for licensure. See National Council of
Examiners for Engineering and Surveying, Advancing Licensure for Engineers and Surveyors, available at
https://ncees.org/about/ (last visited Jan. 19, 2022). BILL: SB 940 Page 9
following titles may not be used by persons who are not licensed, or otherwise exempt from
licensing, under ch. 471, F.S., relating to engineering: “licensed structural engineer,”
“professional structural engineer,” “registered structural engineer,” or “structural engineer.”
Section 8 amends s. 471.033, F.S., related to disciplinary proceedings, to revise the acts that
constitute grounds for discipline, to include acts related to the practice of professional structural
engineering.
Section 9 amends s. 471.037(1), F.S., related to the construction of provisions in ch. 471, F.S., to
provide that local building codes, zoning laws, or ordinances may be more restrictive concerning
the services of licensed professional structural engineers.
Section 10 amends s. 471.0385, F.S., related to certain authorizations granted to the Governor.
The bill grants authority to the Governor to reestablish positions, budget authority, and salary
rate necessary to carry out the DBPR’s responsibilities relating to “professional structural
engineers,” in the event the Florida Engineers Management Corporation Act
32
is held to be
unconstitutional or to violate state or federal antitrust laws.
Section 11 provides an effective date of July 1, 2022.
The bill also includes technical drafting changes and conforming changes.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
32
See s. 471.038, F.S. BILL: SB 940 Page 10
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Beginning March 1, 2024, persons who are licensed engineers in Florida and those who
perform work that comes within the definition in the bill for “professional structural
engineering” will be required to obtain additional licensing to perform such work.
C. Government Sector Impact:
The creation of an additional licensing and regulatory structure for professional structural
engineers may result in a fiscal impact to the DBPR or the FEMC. To date, no analysis
by the DBPR or the FEMC of the impact of the bill on their respective operations,
revenue, and expenditures has been provided.
VI. Technical Deficiencies:
None.
VII. Related Issues:
SB 942, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 471.003, 471.005,
471.013, 471.015, 471.019, 471.025, 471.031, 471.033, 471.037, and 471.0385.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.