Archive for January, 2011

Qualifications for a Licensed Professional Engineer in the State of Florida

Monday, January 17th, 2011
This information was obtained from the Official Internet Site of the Florida Legislature, Online Sunshine.

471.003

Qualifications for practice; exemptions.

(1) No person other than a duly licensed engineer shall practice engineering or use the name or title of “licensed engineer,” “professional engineer,” or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an engineer in this state.

(2) The following persons are not required to be licensed under the provisions of this chapter as a licensed engineer:

(a) Any person practicing engineering for the improvement of, or otherwise affecting, property legally owned by her or him, unless such practice involves a public utility or the public health, safety, or welfare or the safety or health of employees. This paragraph shall not be construed as authorizing the practice of engineering through an agent or employee who is not duly licensed under the provisions of this chapter.

(b)1. A person acting as a public officer employed by any state, county, municipal, or other governmental unit of this state when working on any project the total estimated cost of which is $10,000 or less.

2. Persons who are employees of any state, county, municipal, or other governmental unit of this state and who are the subordinates of a person in responsible charge licensed under this chapter, to the extent that the supervision meets standards adopted by rule of the board.

(c) Regular full-time employees of a corporation not engaged in the practice of engineering as such, whose practice of engineering for such corporation is limited to the design or fabrication of manufactured products and servicing of such products.

(d) Regular full-time employees of a public utility or other entity subject to regulation by the Florida Public Service Commission, Federal Energy Regulatory Commission, or Federal Communications Commission.

(e) Employees of a firm, corporation, or partnership who are the subordinates of a person in responsible charge, licensed under this chapter.

(f) Any person as contractor in the execution of work designed by a professional engineer or in the supervision of the construction of work as a foreman or superintendent.

(g) A licensed surveyor and mapper who takes, or contracts for, professional engineering services incidental to her or his practice of surveying and mapping and who delegates such engineering services to a licensed professional engineer qualified within her or his firm or contracts for such 

professional engineering services to be performed by others who are licensed professional engineers under the provisions of this chapter.(h) Any electrical, plumbing, air-conditioning, or mechanical contractor whose practice includes the design and fabrication of electrical, plumbing, air-conditioning, or mechanical systems, respectively, which she or he installs by virtue of a license issued under chapter 489, under part I of chapter 553, or under any special act or ordinance when working on any construction project which:1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value of $125,000 or less; and

2.a. Requires an aggregate service capacity of 600 amperes (240 volts) or less on a residential electrical system or 800 amperes (240 volts) or less on a commercial or industrial electrical system;

b. Requires a plumbing system with fewer than 250 fixture units; or

c. Requires a heating, ventilation, and air-conditioning system not to exceed a 15-ton-per-system capacity, or if the project is designed to accommodate 100 or fewer persons.

(i) Any general contractor, certified or registered pursuant to the provisions of chapter 489, when negotiating or performing services under a design-build contract as long as the engineering services offered or rendered in connection with the contract are offered and rendered by an engineer licensed in accordance with this chapter.

(j) Any defense, space, or aerospace company, whether a sole proprietorship, firm, limited liability company, partnership, joint venture, joint stock association, corporation, or other business entity, subsidiary, or affiliate, or any employee, contract worker, subcontractor, or independent contractor of the defense, space, or aerospace company who provides engineering for aircraft, space launch vehicles, launch services, satellites, satellite services, or other defense, space, or aerospace-related product or services, or components thereof.

(3) Notwithstanding the provisions of this chapter or of any other law, no licensed engineer whose principal practice is civil or structural engineering, or employee or subordinate under the responsible supervision or control of the engineer, is precluded from performing architectural services which are purely incidental to her or his engineering practice, nor is any licensed architect, or employee or subordinate under the responsible supervision or control of the architect, precluded from performing engineering services which are purely incidental to her or his architectural practice. However, no engineer shall practice architecture or use the designation “architect” or any term derived therefrom, and no architect shall practice engineering or use the designation “engineer” or any term derived therefrom.

This information was obtained from the Florida “Online Sunshine” website and is not meant to be misconstrued as legal advice.

Soreide Law Group will represent you in front of the Florida Board of Professional Enginneers regarding licensing issues.  To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.

 

 

 

 

 

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Continuing Education for Florida Dentists

Thursday, January 13th, 2011

The following information was found on the Florida Department of Health’s website:

As a condition of the biennial renewal of a license, each licensee shall be required to complete continuing education courses as stated in Rule 64B5-12.013, Florida Administrative Code, which are relevant to, and which enhance the licensee’s ability to practice.

Licensees shall not be required to complete continuing education requirements during the biennium in which they receive initial licensure with the exception of a board approved HIV/AIDS course.

The current biennium is March 1, 2010-February 28, 2012.

Dentist – 30 hours of continuing education which must include:

  • 2 hours in the prevention of medical errors
  • 2 hours in domestic violence (every third biennium)
  • In addition to the 30 hours, each dentist must complete a CPR course at the basic life support level, which includes training in cardiopulmonary resuscitation (CPR) at the basic support level, including one-rescuer and two-rescuer CPR for adults, children, and infants; the relief of foreign body airway obstructions for adults, children, and infants; the use of an automatic external defibrillator (AED); and the use of ambu-bags resulting in certification or recertification by the American Heart Association, the American Red Cross or an entity with equivalent requirements.

HIV/AIDS is required only if this is the licensees first renewal

Dental Hygienist – 24 hours of continuing education which must include:

  • 2 hours in the prevention of medical errors
  • 2 hours in domestic violence (every third biennium)
  • In addition to the 24 hours, each dental hygienist must complete a CPR course at the basic life support level, which includes training in cardiopulmonary resuscitation (CPR) at the basic support level, including one-rescuer and two-rescuer CPR for adults, children, and infants; the relief of foreign body airway obstructions for adults, children, and infants; the use of an automatic external defibrillator (AED); and the use of ambu-bags resulting in certification or recertification by the American Heart Association, the American Red Cross or an entity with equivalent requirements.

HIV/AIDS is required only if this is the licensees first renewal

Continuing Education Providers

The following are acceptable as continuing education for the Board of Dentistry and may be self-reported through a CE Broker:

  • courses offered by the American or National Dental Associations and their constituent and component dental associations and societies, including affiliated specialty organizations or a provider organization recognized by either the American or National Dental Associations;
  • American or National Dental Hygienist Association and their constituent and component associations and societies;
  • Academy of General Dentistry and its constituent and component organizations or a provider approved by the Academy of General Dentistry’s National Sponsor Approval Program;
  • a dental, dental hygiene or dental assisting school accredited by the American Dental Association’s Commission on Dental Accreditation;
  • a hospital dental service or a college, university, or community college which is accredited by an accrediting agency approved by the United States Office of Education;
  • American Red Cross, American Heart Association, and the American Cancer Society;
  • an educational program or course associated with a medical school which is accredited by the American Medical Association’s Liaison Committee for Medical Education
  • participating in Board-approved individual study;
  • by participating in examination standardization exercises;
  • by participating in programs approved by the Board that provide substantial pro bono dental and dental hygiene services to the indigent, to dentally underserved populations or to persons who reside in areas of critical need within Florida;
  • by participating as an expert witness in the review of disciplinary cases;
  • by participating as part of a course at a dental, dental hygiene or dental assisting school accredited by the ADA Commission on Dental Accreditation, its successor agency or other nationally recognized accrediting agency, an adjunct, part-time faculty member may receive three (3) continuing education hours per semester/quarter;
  • by attending a meeting of the Board wherein disciplinary cases are considered. Up to four hours of credit per renewal cycle may be earned in this manner.

This information should not be misconstued as legal advice.

The Soreide Law Group represents those seeking admittance to the Florida Board of Dentistry. We also represent those dentists brought in front of the Florida Board of Dentistry for disciplinary hearings.  To speak to a lawyer regarding these issues please call: (888) 760-6552, or visit our website at: www.floridaprofessionallicense.com.

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Requirements for Auctioneers in the State of Florida

Thursday, January 13th, 2011

On the website Online Sunshine, The Official Website for the Florida Legislature, the following requirements were listed for Florida Auctioneers: 

1) The department shall license any applicant who the board certifies is qualified to practice auctioneering.

(2) No person shall auction or offer to auction any property in this state unless he or she is licensed by the department or is exempt from licensure under this act.
(3) No person shall be licensed as an auctioneer or apprentice if he or she:
(a) Is under 18 years of age; or
(b) Has committed any act or offense in this state or any other jurisdiction which would constitute a basis for disciplinary action under s.468.389.
(4) Any person seeking a license as an auctioneer must pass a written examination approved by the board which tests his or her general knowledge of the laws of this state relating to provisions of the Uniform Commercial Code that are relevant to auctions, the laws of agency, and the provisions of this act.
(5) Each apprentice application and license shall name a licensed auctioneer who has agreed to serve as the supervisor of the apprentice. No apprentice may conduct, or contract to conduct, an auction without the express approval of his or her supervisor. The supervisor shall regularly review the apprentice’s records, which are required by the board to be maintained, to determine if such records are accurate and current.
(6) No person shall be licensed as an auctioneer unless he or she:
(a) Has held an apprentice license and has served as an apprentice for 1 year or more, or has completed a course of study, consisting of not less than 80 classroom hours of instruction, that meets standards adopted by the board;
(b)Has passed the required examination; and
(c) Is approved by the board.
(7)(a) Any auction that is subject to the provisions of this part must be conducted by an auctioneer who has an active license or an apprentice who has an active apprentice auctioneer license and who has received prior written sponsor consent.
(b) No business shall auction or offer to auction any property in this state unless it is licensed as an auction business by the board or is exempt from licensure under this act. Each application for licensure shall include the names of the owner and the business, the business mailing address and location, and any other information which the board may require. The owner of an auction business shall report to the board within 30 days of any change in this required information.
(8) A license issued by the department to an auctioneer, apprentice, or auction business is not transferable.
This information is not intended as legal advice.

Soreide Law Group, PLLC, will represent you in front of the Florida Board of Auctioneers regarding licensing issues. To make an appointment to speak with an experienced and qualified attorney please call Soreide Law Group at:  (888) 760-6552 or visit our website at:  www.floridaprofessionalhearingcom  

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What Interior Design Services Require a State of Florida License?

Tuesday, January 11th, 2011

On the State of Florida’s Department of Business and Professional Regulation (DBPR), it states that an Interior Designer is someone who designs, or provides consultation, drawings, specifications and administration of design construction contracts relating to nonstructural interior elements of a commercial building or structure.  Interior design includes reflected ceiling plans (a scale diagram of a room or building drawn as if seen from above), space planning, furnishings and the fabrication of nonstructural elements within and surrounding interior spaces of building.  If you are going to hire someone to design the interior of a commercial structure he/she needs to be licensed.

 These services that require licensure may be performed by licensed architects.  Anyone who performs interior decorating or design services for residential purposes is not required to be licensed.  Residential work includes residence buildings, single-family homes, multifamily homes, townhouses, apartments, condominiums, and domestic outbuildings appurtenant to one-family or two-family residences.  However, it does not include common areas associated with multiple-unit residences.  Please contact your local building department for clarification prior to entering into contracts for the services listed below.

These items are offered as examples of services you do need to hire a person with a Florida license and services you do not need to hire a person with a Florida license.  The list is not all inclusive.  If you have specific questions, please contact the Florida Department of Business and Professional Regulation at 850.487.1395 or review the rules for the profession at www.myfloridalicense.com.  You should also check with your county or city to learn whether or not a local business tax receipt is required for services that do not require a state license. 

Needs a License  Does not need a License
Interior design of commercial structures, including space planning, draperies, flooring, etc. Interior decorating or interior design of residences.
Interior design of common areas of multiple-unit dwellings, such as clubhouses, lobbies, laundry rooms, swimming pool areas, etc.  
   

This information was obtained from the Florida DBPR’s website and is not meant to be misconstrued as legal advice.

Soreide Law Group will represent you in a dispute with the Board of Architecture and Interior Design. To speak to a lawyer call: (888-760-6552) or visit our website at www.floridaprofessionallicense.com.

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