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Regulation Changes Impact Florida PEs

By Miles D. Jolley, from Smith, Currie & Hancock LLP

The Florida Board of Professional Engineers recently published changes to Rules 61G15-22.0001, 61G15-22.0002, and 61G15-30.003. These amendments will significantly alter two regulations governing Florida-licensed engineers: (1) the process to renew active and inactive licens- es and change license status; and (2) the information to be included on engineering drawings with regard to applicable codes and standards.

The changes to 61G15-22.0001 and 61G15-22.0002 go hand-in-hand. These rules govern how engineers renew the sta- tus of their Florida license. The current Rule 61G15-22.0001, concerning renewal of active licenses, requires a fee and a statement that the licensee has performed 18 hours of continuing education in the past two years. The amendments to Rule 61G15-22.0001 will incorporate a form to be submitted with the renewal fee and conveniently includes a link to the form online. The new Rule will eliminate the certified statement that the licensee has completed 18 hours of approved continu- ing education. Under the new Rule, if a licensee seeks to renew inactive status, the application must include a certified statement that the licensee has not practiced in Florida nor violated § 471.033, Flori- da Statutes, since the date the license was first placed on inactive status. Lastly, the new Rule includes a totally new subsection (2) regarding renewal of delinquent status licenses. Licensees on delinquent status must apply for either active or inactive status during the renewal cycle in which the license became delinquent. If the licensee doesn’t apply for active or inactive status by the end of the renewal cycle, the license will be automatically void without any ac- tion by the Board.

The changes to Rule 61G15-22.0002, which presently addresses renewing in- active status, will totally shift the Rule’s focus. The Rule’s current language only requires a fee and a statement certifying that the licensee hasn’t violated § 471.033, Florida Statutes, or practiced since the date of inactive status. The changes to the Rule will delete the current language in its en- tirety and move it to the new subsection (1) of 61G15-22.0001. The new Rule will concern the change of license status be- tween active and inactive and incorporate a form to do so. Under the new Rule, if a licensee is switching from inactive to ac- tive, the application must include proof that the licensee has completed 18 hours of continuing education in the two years immediately prior to the application for license status change.

Rule 61G15-30.003 governing mini- mum requirements for engineering docu- ments will undergo less wholesale but still significant changes. The Rule’s current lan- guage requires “Engineering Documents” to show in detail that they will conform to the Florida Building Code and applicable laws, ordinances, rules, and regulations. The Engineering Documents must also list the standards, codes, ordinances, law, and rules, with effective dates, to which the Documents are intended to conform. The proposed rule would change this language to require that, in the event the Documents are intended to comply with any edition of federal, state, county or municipal standards, codes, ordinances, laws or rules not in effect, the Documents must clearly state the edition number and effective date of the standards, codes, ordinances, laws or rules to which the Documents are intended to conform.

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