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Notice of Emergency Rule
<br /> DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
<br /> Board of Professional Engineers
<br /> RULE NO.: RULE TITLE:
<br /> 61G15ER20-4: Printed Copies of Digitally or Electronically Signed and Sealed Plans Considered Valid
<br /> SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR
<br /> WELFARE: The Florida Board of Professional Engineers("FBPE") is statutorily mandated to require the forms by
<br /> which plans or other documents are considered properly signed and sealed by a Florida Professional Engineer.
<br /> Pursuant to this authority, the FBPE has promulgated rules in Chapter 61G15-23, Florida Administrative Code.
<br /> These rules allow three forms of signing and sealing: digital, electronic, or physical. The current rules specifically
<br /> mandate that printed copies of digitally or electronically signed and sealed plans are not considered signed and
<br /> sealed. However, a number of building departments, authorities having jurisdiction, or other state, county, or local
<br /> governmental agencies do not currently accept digital or electronic plans or documents, requiring physically signed
<br /> and sealed documents be submitted or filed.
<br /> On March 1,2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State
<br /> Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency in response to the
<br /> spread of the Novel Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued
<br /> Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially
<br /> declared that a state of emergency exists in the State of Florida. On April 1, 2020, Governor DeSantis issued
<br /> Executive Order Number 20-91 (Essential Services and Activities During COVID-19 Emergency), which directed
<br /> all persons within the State to remain at home unless engaged in the provision of essential services or engaged in
<br /> essential activities.
<br /> COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and
<br /> presents with symptoms similar to those of influenza. As of April 8,2020,there are over 14,000 confirmed cases of
<br /> COVID-19 in the State of Florida. The Center for Disease Control ("CDC") recommends mitigation measures to
<br /> combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying
<br /> home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk,
<br /> including older adults and those who have serious chronic medical conditions, to avoid non-essential travel,
<br /> interpersonal contact,and to avoid groups of persons as much as possible.
<br /> Since the issuance of the Executive Orders and declaration of a public health emergency by the State Health Officer
<br /> and Surgeon General Dr. Rivkees, the FBPE office has received a number of calls and emails from licensees who
<br /> are concerned about having to interact in person to physically sign and seal plans and documents in order to have
<br /> those documents filed. All have suggested that removing the requirement that printed copies of digitally signed and
<br /> sealed copies are not considered signed and sealed; they suggest this would allow the plans to be digitally or
<br /> electronically signed and sealed,and then those documents could be transmitted by electronic means,and printed by
<br /> the recipient,which would eliminate the need for groups of licensees to meet, or individual licensees to leave their
<br /> homes to travel to a location to sign/seal the plans and then physically deliver them. It has been strongly suggested
<br /> this will satisfy the purpose and intent of the signing and sealing law without exposure to the dangers of being in
<br /> groups of people, necessity of travel itself, potential contribution to the spread of the virus, and most importantly,
<br /> would ensure compliance with the State Health Officer's Orders,CDC Recommendations,and Governor DeSantis's
<br /> Emergency Orders.
<br /> Florida's Professional Engineers, and those who come in contact with them,should not be unnecessarily put at risk
<br /> during this healthcare emergency. Accordingly,the FBPE, by emergency rule, will waive the restriction that printed
<br /> copies of digitally or electronically signed and sealed plans or documents are not considered signed and sealed as
<br /> required by Chapter 471, Florida Statutes, and Rule Chapter 61G15-23, Florida Administrative Code. The FBPE
<br /> finds that this action is a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 to
<br /> Floridians, including Professional Engineers and those that come in contact with them, while still satisfying the
<br /> purpose and intent of the waived restriction.
<br /> REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Given
<br /> the recently declared emergency in the State of Florida;Emergency Order 20-91;the recent guidance from the CDC;
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