The 2023 Florida Statutes (including Special Session C)
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These statutory definitions clearly indicate that being an "engineer intern" does not make a person an engineer. In fact, being an engineer intern and working under the supervision of a licensed engineer is a requirement to ultimately obtaining an engineering license. The Third District explained that "in order to practice engineering in Florida, a person is required to pass two examinations: (1) the fundamentals examination and (2) the principles and practice examination." Rizov v. State, Bd. 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(1)(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(1)(a) 1., Fla. Stat.).
In order to practice engineering in Florida, a person is required to pass two examinations: (1) the fundamentals examination and (2) the principles and practice examination. § 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).
For the foregoing reasons, the Court finds there is no genuine issue that Plaintiff's engineering work for NAC required advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. It is clear from the record that when Plaintiff engineered specialized tools and fixtures, he performed complex work "predominantly intellectual in character" and exercised discretion and judgment. Further, the field of engineering is specifically mentioned in 29 C.F.R. § 541.301(c) as being a "field of science or learning." Florida law also regulates the field of professional engineering, and considers "mechanical engineering" to be a part of that field. See Fla. Stat. § 471.031; see also id. at 471.013 (in order to take the required tests to become licensed as a professional engineer in the state of Florida, an applicant must have graduated from an advanced engineering curriculum).
Rotunno graduated from Pennsylvania State University in 1979 with a Bachelor of Science degree in transportation technology and currently holds professional engineer licenses in New Jersey, Pennsylvania, Maryland, and Delaware. He sought licensure by endorsement in Florida pursuant to sections 471.015(3)(a) and 471.013(1)(a)2., Florida Statutes. The Board denied Rotunno's application for licensure by endorsement, finding as a matter of uncontested fact that he does not have "an engineering degree or a technology degree from a Florida state university."
(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
(a) . . . has passed a United States national, regional, state, or territorial or foreign national 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[.]
(a) . . . has passed a United States national, regional, state, or territorial or foreign national licensing examination that is substantially equivalent to the examination required by § 471.013, and has satisfied the experience requirements set forth in § 471.013; or
In the opinion below, the district court relied in part on its earlier holding in Pensacola Executive House Condominium Association v. Baskerville-Donovan Engineers, Inc., 566 So.2d 850, 851 (Fla. 1st DCA 1990), approved, 581 So.2d 1301 (Fla. 1991), that engineers are professionals under the professional malpractice statute. The district court noted that the alternative licensing requirement for engineers "is similar to the alternative licensing requirements for the profession of land surveying." Garden, 580 So.2d at 874-75. 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. Stat. (1991). Thus, all future admittees must hold a four-year degree, and all engineers accordingly are professionals for purposes of the statute of limitations. Land surveyors with sufficient qualifying experience, on the other hand, can be licensed without a four-year degree. § 472.012(2)(e), Fla. Stat. (1991). Accordingly, some future admittees could be licensed without a…
In Department of Professional Regulation, Board of Professional Engineers v. Florida Society of Professional Land Surveyors, 475 So.2d 939 (Fla. 1st DCA, 1985), this court reversed a hearing officer's order invalidating proposed rule 21H-18.11(4). This Court ruled that Sections 471.011, 471.013, 471.019, 471.025, and 471.033, Florida Statutes (1983), provide the Board with the implied authority to promulgate this rule which defines the statutory term "engineering survey." Accordingly, this court remanded the cause to the hearing officer for the taking of evidence on the factual basis of the rule.
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 delegations of rulemaking authority inhibit, rather than authorize, the Board's power to adopt definitional rules.
. . . (citing § 471.013(l)(b), Fla. Stat. (2005)). . . . (citing § 471.013(l)(a)l., Fla. Stat.). . . .
. . . . § 471.013(l)(b), Fla. Stat. (2005). . . . .” § 471.013(l)(a)l., Fla. Stat. (2005). . . .
. . . The Board rejected Rotunno’s argument that section 471.013(l)(a)2., Florida Statutes (2005), applies . . . He sought li-censure by endorsement in Florida pursuant to sections 471.015(3)(a) and 471.013(l)(a)2. . . . Rotunno argues that he does qualify to take the examination pursuant to a specific provision of section 471.013 . . .
. . . circumstances and asked the Board to evaluate Drexel’s educational curriculum, pursuant to section 471.013 . . . , and has satisfied the experience requirements set forth in s. 471.013; or (b) Holds a valid license . . . Section 471.013(l)(a) states: The board shall adopt rules providing for the review and approval of schools . . . Section 471.013(l)(a) uses the word “shall” to mandate that the Board adopt rules for reviewing schools . . . Therefore, this court holds that section 471.013(l)(a) requires that the Board promulgate rules to review . . .
. . . foreign national 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[.] . . .
. . . requires that the national examination be “substantially equivalent to the examination required by s. 471.013 . . . foreign national 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 . . .
. . . This Court ruled that Sections 471.011, 471.013, 471.019, 471.025, and 471.-033, Florida Statutes (1983 . . .
. . . Section 471.013 provides that the Board shall adopt rules providing for the review and approval of schools . . . hold, therefore, that the specific rulemaking authority delegated to the Board in sections 471.011, 471.013 . . .