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 Commerce and Tourism
BILL: CS/SB 942
INTRODUCER: Regulated Industries Committee and Senator Baxley
SUBJECT: Fees/Professional Structural Engineer Licensing
DATE: February 7, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. Renner McKay CM Favorable
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 942 authorizes the Board of Professional Engineers (board) to establish fees for licensing
of professional structural engineers.
SB 940, relating to professional structural engineers, is a linked bill that requires the board to
determine whether applicants seeking to practice professional structural engineering 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. The linked bill
also addresses other issues related to professional structural engineers.
See Section V, Fiscal Impact Statement.
The bill is effective on the same date that SB 940 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or any extension and becomes a law.
BILL: CS/SB 942 Page 2
II. Present Situation:
Linked Bill SB 940
This bill is linked to SB 940, relating to professional structural engineers, which amends
s. 471.015(3), F.S. Under the linked bill, the board is authorized to certify persons as 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.
In addition, the linked bill provides 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.
Fees
Section 471.011, F.S., authorizes the board to establish fees, by rule, to be paid for applications,
examination, reexamination, licensing, renewal, reactivation, inactive status applications, and
recordmaking and recordkeeping. Qualification of a business organization must not require
payment of a fee.1
Licensure fees may not exceed the following amounts:
Initial license - $125;2
Biennial renewal - $125;3
Temporary registration or certificate - $25 for an individual or $50 for a business firm;4
Licensure by endorsement - $150; 5or
Application for inactive status or for reactivation of an inactive license must - $150.6
III. Effect of Proposed Changes:
Section 1 amends s. 471.011, F.S., to provide that fees for license applications, temporary
licenses, license renewals, inactive licenses, examinations, and records are also applicable to the
regulation of professional structural engineers.
1
Section 471.011(4), F.S.
2
Section 471.011(3), F.S.
3
Section 471.011(5), F.S.
4
Section 471.011(6), F.S.
5
Section 471.011(7), F.S.
6
Section 471.011(8), F.S.
BILL: CS/SB 942 Page 3
Section 2 amends subsection s. 471.015(3), F.S., as amended in linked bill SB 940, to require
payment by applicants seeking licensure to practice professional structural engineering, of a fee
to be established by the board.
Section 3 provides the bill takes effect on the same date that SB 940 or similar legislation takes
effect, if such legislation is adopted in the same legislative session or any extension and becomes
a law.
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:
Section 19, Art. VII of the State Constitution limits the authority of the legislature to
enact legislation that imposes or raises a state tax or fee by requiring such legislation to
be approved by a 2/3 vote of each chamber of the legislature. Such state tax or fee
imposed, authorized, or raised must be contained in a separate bill that contains no other
subject.
For purposes of this limitation, the term “fee” is defined, in pertinent part, to mean any
charge or payment required by law, including any fee for service, fee or cost for licenses,
and charge for service.
The bill authorizes board to adopt, by rule, fees for applications, examination,
reexamination, licensing and renewal, inactive status application and reactivation of
inactive licenses, and recordmaking and recordkeeping, as well as a delinquency, and for
a temporary registration or certificate to practice professional structural engineering.
Because the board does not have the authority for fees for professional structural
engineers or professional structural engineering under current law, the provisions of
Section 19, Art. VII of the State Constitution appear to apply, requiring this legislation to
be approved by a 2/3 vote of each house of the legislature.
E. Other Constitutional Issues:
None.
BILL: CS/SB 942 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill requires the board to establish a fee for licensure as a professional structural
engineer, as authorized in s. 471.011, F.S.
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 SB 940 for “professional structural
engineering” (i.e., work that includes structural analysis and design of structural
components or systems for threshold buildings) will be required to obtain additional
licensing as a professional structural engineer to perform such work and pay the fee for
such licensing established by the board.
C. Government Sector Impact:
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.7
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:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 471.011 and
471.015.
7
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 See s. 471.038, F.S., for the duties and
authority of the FEMC.
BILL: CS/SB 942 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries Committee on January 25, 2022:
The CS inserts the bill number for the linked bill, SB 940, Professional Structural
Engineers, into the bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.