Florida/Georgia Personal Injury & Workers Compensation

...Actually, there is a crucial distinction. The alternative for engineers does in fact omit a required four-year degree, but by its own terms it applies only to certain engineers who made appropriate applications to the state on or before July 1, 1984. § 471.013(1)(a)3., Fla....

...Nelson, 372 So.2d 114 (Fla. 1st DCA 1979); Peck Plaza Condominium v. Division of Florida Land Sales & Condominiums, 371 So.2d 152 (Fla. 1st DCA 1979). Chapter 471 contains several statutory provisions expressly authorizing the Board to adopt rules. Section 471.013 provides that the Board shall adopt rules providing for the review and approval of schools or colleges and the courses of study in engineering in such schools and colleges, which shall be based on the educational requirements for engineering as defined in section 471.005....

...," the Board clearly has implied authority to define the term "engineering surveys" as part of its expressly delegated power under subsection (2). We hold, therefore, that the specific rulemaking authority delegated to the Board in sections 471.011, 471.013, 471.019, 471.025, and 471.033 provide a sufficient statutory basis for implying the Board's authority to promulgate rules defining the term "engineering surveys." We reject the hearing officer's conclusion that these specific statutory deleg...

...of Prof'l Eng’rs, 979 So.2d 979, 980 (Fla. 3d DCA 2008) (citing § 471.015(1), Fla. Stat. (2005)). Upon the passage of the fundamentals examination, the first examination listed, the person is qualified “to practice in the state as an engineer intern.” Id. (citing § 471.013(l)(b), Fla. Stat. (2005)). An engineer intern must then have “four years of ‘active engineering experience of a character indicating competence to be in responsible charge of engineering’ ” prior to sitting for the second examination. Id. (citing § 471.013(l)(a)l., Fla....

...The Board then scheduled an informal hearing. At the informal hearing, although conceding that his degree was not ABET accredited, Gaudet explained that there were extenuating circumstances and asked the Board to evaluate Drexel's educational curriculum, pursuant to section 471.013(1)(a)....

...Since the scrivener's error is clearly apparent from the record, on remand the Board is instructed to correct the error. See Mitchell v. Mitchell, 841 So.2d 564, 568 (Fla. 2d DCA 2003). Gaudet also maintains that the Board unlawfully delegated its statutorily mandated authority when it abdicated its duty under section 471.013, Florida Statutes (2002), to adopt specific rules for reviewing and approving engineering schools and curricula to ABET....

...a license by endorsement when such applicant meets either one of the two enumerated standards. It states that: The board shall certify as qualified for a license by endorsement an applicant who: (a) Qualifies to take the examination as set forth in s. 471.013, has passed a United States national, regional, state, or territorial licensing examination that is substantially equivalent to the examination required by s. 471.013, and has satisfied the experience requirements set forth in s. 471.013; or (b) Holds a valid license to practice engineering issued by another state or territory of the United States, if the criteria for issuance of the license were substantially the same as the licensure criteria that existed in this state at the time the license was issued. § 471.015(3), Fla. Stat. (2002). Section 471.013 provides, in relevant part, the following prerequisites to taking an examination to practice as an engineer and, therefore, for qualifying for a license by endorsement under section 471.015(3)(a), above: A person shall be entitled to...

...Is a graduate from an approved engineering curriculum of 4 years or more in a school, college, or university which has been approved by the board and has a record of 4 years of active engineering experience of a character indicating competence to be in responsible charge of engineering. § 471.013(1)(a)1, Fla....

...aduated from "an approved engineering curriculum . . . [from] a school . . . which has been `approved by the board,'" and having passed a "substantially equivalent" examination are eligible for licensure by endorsement under section 471.015(3)(a). §§ 471.013(1)(a)1 and 471.015(3), Fla....

...licensure by endorsement, as provided in section 471.015(3)(b). The legislature delegated and, in fact, mandated that the Board adopt rules for reviewing and approving the curricula and schools from which an applicant must graduate to qualify under section 471.013(1)(a) and, therefore, licensure by endorsement under section 471.015(3)(a). Section 471.013(1)(a) states: The board shall adopt rules providing for the review and approval of schools or colleges and the courses of study in engineering in such schools and colleges....

...The rules shall be based on the educational requirements for engineering as defined in s. 471.005. The board may adopt rules providing for the acceptance of the approval and accreditation of schools and courses of study by a nationally accepted accreditation organization. § 471.013(1)(a), Fla....

...rogram pursuant to Rule 61G15-20.007, F.A.C. Fla. Admin. Code R. 61G15-20.001(2)(a). Rule 61G15-20.006, Florida Administrative Code, provides: (1) The evaluation of curricula and standards of accreditation for approval of degree programs required by Section 471.013, F.S., shall be based upon: (a) An overview of engineering programs within the United States accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc., (ABET), and (b) An ev...

...e ABET accreditation is not available. See Fla. Admin. Code R. 61G15-20.007. However, it has failed and refused to promulgate a similar rule for schools and curricula where ABET accreditation is geographically available, relying upon the sentence in section 471.013(1)(a), which says: "The board may adopt rules providing for the acceptance of the approval and accreditation of schools and courses of study by a nationally accepted accreditation organization." (emphasis added). Section 471.013(1)(a) uses the word "shall" to mandate that the Board adopt rules for reviewing schools and courses of study....

...tatutes which have the meaning a party is asserting). This court is not at liberty to re-write the legislative enactment by adding the words "in lieu of" that are simply not there. See Reynolds, 842 So.2d at 49 n. 2. Therefore, this court holds that section 471.013(1)(a) requires that the Board promulgate rules to review schools and courses of study and that the adoption of rules providing for the acceptance of the approval and accreditation of schools and courses of study by a nationally accept...

...Accordingly, the Final Order under review is REVERSED and REMANDED with instructions to correct the scrivener's error as to Gaudet's state and date of licensure and reconsider his application under section 471.015(3)(a) & (b), Florida Statutes, again, after it promulgates the rules mandated by section 471.013(1)(a), Florida Statutes....

...§ 471.015(1), Fla. Stat. (2005). Passing the fundamentals examination qualifies a person to practice in the state as an engineer intern, if he or she is in the final year, or a graduate, of an approved college or university engineering degree program. § 471.013(1)(b), Fla....

...Stat. (2005). In order to sit for the principles and practice examination, a person must have an engineering degree, and four years of "active engineering experience of a character indicating competence to be in responsible charge of engineering." § 471.013(1)(a)1., Fla....

...Nelson, 372 So.2d 114 (Fla. 1st DCA 1979); Peck Plaza Condominium v. Division of Florida Land Sales & Condominiums, 371 So.2d 152 (Fla. 1st DCA 1979). Chapter 471 contains several statutory provisions expressly authorizing the Board to adopt rules. Section 471.013 provides that the Board shall adopt rules providing for the review and approval of schools or colleges and the courses of study in engineering in such schools and colleges, which shall be based on the educational requirements for engineering as defined in section 471.005....

...he Board clearly has implied authority to define the term “engineering surveys” as part of its expressly delegated power under subsection (2). We hold, therefore, that the specific rulemaking authority delegated to the Board in sections 471.011, 471.013, 471.019, 471.025, and 471.033 provide a sufficient statutory basis for implying the Board’s authority to promulgate rules defining the term “engineering surveys.” We reject the hearing officer’s conclusion that these specific statuto...

KAHN, J. In this administrative appeal, Ronald Rotunno seeks review of a final order entered by the Florida Board of Professional Engineers (Board). The Board rejected Rotunno’s argument that section 471.013(l)(a)2., Florida Statutes (2005), applies to Rotunno and would allow Rotun-no’s licensure by endorsement in Florida as a professional engineer....

...Rotunno graduated from Pennsylvania State University in 1979 with a Bachelor of *52 Science degree in transportation technology and currently holds professional engineer licenses in New Jersey, Pennsylvania, Maryland, and Delaware. He sought li-censure by endorsement in Florida pursuant to sections 471.015(3)(a) and 471.013(l)(a)2., Florida Statutes....

...Among those requirements is the directive that any applicant for a professional engineering license qualify under Florida law to take the necessary examinations. See § 471.015(3)(a), Fla. Stat. Rotunno argues that he does qualify to take the examination pursuant to a specific provision of section 471.013(l)(a)2., Florida Statutes....