23444820, 61G15ER20-10 - Florida Administrative Rules, Law, Code, Register

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Notice: 23444820

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Board of Professional Engineers

Overview

RULE:

61G15ER20-10

Printed Copies of Digitally or Electronically Signed and Sealed Plans Considered Valid

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

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.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Given the declared emergency in the State of Florida; Emergency Order 20-91; the continued guidance from the CDC and State Health Officer; the fact that the public health emergency is not attenuating as quickly as hoped; and the fact that professional engineers will be required to maintain the original digitally or electronically signed and sealed documents, the FBPE finds that a continued immediate danger to the public health, safety, or welfare necessitates immediate action regarding this issue. Notice of this meeting was published in the Florida Administrative Register in Volume 46, No. 119, on June 18, 2020. In addition, notice of the FBPE’s meeting was posted on the FBPE’s official website.

SUMMARY:

The proposed emergency rule continues the policy established by Emergency Rule 61G15ER20-4 and removes the restriction that printed copies of digitally or electronically signed and sealed plans or documents are not considered signed and sealed, thus allowing printed copies to be used in any manner in which physically signed and embossed sealed plans could otherwise be.  Removal of the restriction would only be for the ninety-day effective period of the emergency rule, while the FBPE proceeds with rulemaking to similarly amend existing rules 61G15-23.004 and 61G15-23.005, F.A.C., through December 31, 2020.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; 850-521-0500, ZRaybon@fbpe.org.

PRINT PUBLISH DATE:

7/20/2020 Vol. 46/140

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=61G15ER20-10&PDate=7/20/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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