23666077, 61G1ER20-11 - Florida Administrative Rules, Law, Code, Register

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Notice: 23666077

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Board of Architecture and Interior Design

Overview

RULE:

61G1ER20-11

Procedures for Digitally Signing and Sealing and for Electronically Transmitting Plans, Specifications, Reports or Other Documents

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

The Board of Architecture and Interior Design (Board) is required by statute to adopt rules to implement and enforce Chapter 481, Part I, Florida Statutes. In doing so the Board promulgated Rule 61G1-16.005. Procedures for Digitally Signing and Sealing and for Electronically Transmitting Plans, Specifications, Reports or Other Documents.  Florida Administrative Code.
Rule 61G1-16.005(1)(a), F.A.C., prohibits the use of a scanned image of an original signature in lieu of a digital signature or electronic signature for Electronically Transmitting Plans, Specifications, Reports or Other Documents. However, a significant number of building departments, authorities having jurisdiction, or other state, county, or local governmental agencies, (governmental agencies), because of the COVID-19 pandemic social distancing requirements, are not accepting Architect’s physical submittal of Plans, Specifications, Reports or Other Documents, (document submittal). Instead these governmental agencies have only been accepting document submittal by Architects, after they have been scanned for digital submission, rather than physically submitting signed and sealed documents. This change in document submittal business practices by governmental agencies has had an adverse impact on Architects seeking to comply with their obligations for the submittal of signed and sealed plans. Compliance with the new document submittal requirements imposed on them will place Architects in violation of Rule 61G1-16.005(1)(a), F.A.C. 
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 pursuant to the spread of the 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. 	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. The Center for Disease Control (“CDC”) recommends 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 air travel and to avoid crowds as much as possible.  On June 5, 2020 , Governor DeSantis issued Executive Order Number 20-139 (Phase 2: Safe. Smart. Step-by-Step. Plan for Florida's Recovery) Section 2 of the order concerning Responsible Individual Activity encourages all persons in Florida to follow appropriate social distancing and safety protocols issued by the CDC and OSHA and strongly encourages Senior Citizens and individuals with a significant underlying medical condition to avoid crowds and take measures to limit the risk of exposure to COVID-19. On June 29, 2020, in light of the fact that there have been 143,805 reported cases of COVID-19 in Florida residents, resulting in 14,354 hospitalizations and 3,447 deaths Dr. Scott Rivkees issued a renewal of the declaration of a public health emergency for 60 days.
This state of emergency has been periodically extended since then. The latest extension pursuant to Executive Order Number 20-213, for a further 60 days was issued by Governor DeSantis on September 4, 2020 
Since the declaration of a public health emergency, the Board Office has received numerous inquiries from Architects about this new trend of governmental agencies requiring document submittal of scanned signed and sealed paper documents. They are concerned that their compliance will be a violation of Rule 61G1-16.005(1)(a), F.A.C.
Accordingly, the Board by emergency rule, for Architects electronically transmitting plans, specifications, reports or other documents to governmental agencies now expressly permits the use of a scanned image of an original signature in lieu of a digital signature or electronic signature. The Board finds that this not only assists timely filing of necessary documentation without fear of being subject to licensure discipline, it will also help Architects continue providing their services to the public. The Board finds that these actions are a measured regulatory approach that also assists governmental agencies mitigate the threat of exposure to COVID-19 posed by the physical submittal of paper documents.

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

Given the recently declared emergency in the State of Florida, the recent guidance from the CDC, the social distancing guidelines which will be in effect through at least the next 90 days, and the risk of impeding the availability of  Architectural  services to Florida citizens during and after the current declared emergency, the Board finds that an immediate danger to the public health, safety, or welfare necessitates immediate action.  Notice of this emergency rule meeting was published in the Florida Administrative Register on August 21, 2020 Vol. 46/164.

SUMMARY:

The proposed emergency rule immediately permits Architects electronically transmitting plans, specifications, reports or other documents to governmental agencies to use a scanned image of an original signature in lieu of a digital signature or electronic signature.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Amanda Ackermann, Executive Director, Amanda Ackermann, Executive Director, Board of Architecture and Interior Design, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850) 717-1400 or by electronic mail – Amanda.Ackermann@myfloridalicense.com.

PRINT PUBLISH DATE:

9/18/2020 Vol. 46/183

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://flrules.org/gateway/ruleno.asp?id=61G1ER20-11&PDate=9/18/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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