471.033
Disciplinary proceedings.
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471.033 Disciplinary proceedings.—
(1) The following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken:
(a) Violating any provision of s. 455.227(1), s. 471.025, or s. 471.031, or any other provision of this chapter or rule of the board or department.
(b) Attempting to procure a license to practice engineering by bribery or fraudulent misrepresentations.
(c) Having a license to practice engineering revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country, for any act that would constitute a violation of this chapter or chapter 455.
(d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of engineering or the ability to practice engineering.
(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only those that are signed in the capacity of a licensed engineer.
(f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
(g) Engaging in fraud or deceit, negligence, incompetence, or misconduct, in the practice of engineering.
(h) Violating chapter 455.
(i) Practicing on a revoked, suspended, inactive, or delinquent license.
(j) Affixing or permitting to be affixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or her or under his or her responsible supervision, direction, or control.
(k) Violating any order of the board or department previously entered in a disciplinary hearing.
(l) Performing building code inspection services under s. 553.791, without satisfying the insurance requirements of that section.
(2) The board shall specify, by rule, what acts or omissions constitute a violation of subsection (1).
(3) When the board finds any person guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:
(a) Denial of an application for licensure.
(b) Revocation or suspension of a license.
(c) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.
(d) Issuance of a reprimand.
(e) Placement of the licensee on probation for a period of time and subject to such conditions as the board may specify.
(f) Restriction of the authorized scope of practice by the licensee.
(g) Restitution.
(4) The management corporation shall reissue the license of a disciplined engineer or business upon certification by the board that the disciplined person has complied with all of the terms and conditions set forth in the final order.
History.—ss. 15, 42, ch. 79-243; ss. 8, 10, ch. 81-302; ss. 2, 3, ch. 81-318; s. 3, ch. 85-134; ss. 10, 14, 15, ch. 89-30; s. 4, ch. 91-429; s. 145, ch. 92-149; s. 217, ch. 94-119; s. 336, ch. 97-103; s. 5, ch. 97-241; s. 111, ch. 98-166; s. 13, ch. 98-287; s. 119, ch. 2000-141; s. 172, ch. 2000-160; s. 10, ch. 2000-372; s. 35, ch. 2001-186; s. 4, ch. 2001-372; s. 29, ch. 2002-299; s. 4, ch. 2003-293; s. 4, ch. 2005-147; s. 53, ch. 2009-195; s. 45, ch. 2010-106.
Notes of Decisions
Cited in 8
cases, 1984–2011 · leading case: Banks v. Florida Engineers Management Corp.
Banks v. Florida Engineers Management Corp. (2011)
“Count One alleged that the appellant violated section 471.033(l)(g), Florida Statutes (2009), by engaging in negligence in the practice of engineering.”
Ward v. Board of Trustees (1995)
“Moreover, section 471.033, Florida Statutes (1993), subjects appellant to disciplinary action for negligence in the practice of engineering.”
Webb v. DEPT. OF PRO. REGULATION (1992)
“Section 471.033(1)(g), Florida Statutes, provides for disciplinary proceedings and sanctions against licensed engineers for "misconduct" in the practice of engineering.”
Department of Professional Regulation, Board of Professional Engineers v. Florida Society of Professional Land Surveyors (1985)
“Similarly, section 471.033 specifies certain acts which constitute grounds for disciplinary action concerning the practice of engineering.”
Sheils v. FLORIDA ENGINEERS MGMT. CORP. (2004)
“Section 471.033(1)(g) states that disciplinary action may be taken against an engineer for "[e]ngaging in fraud or deceit, negligence, incompetence, or misconduct, in the practice of engineering.”
Dept. of Prof. Reg. v. SOC. PROF. LAND SUR. (1985)
“Similarly, section 471.033 specifies certain acts which constitute grounds for disciplinary action concerning the practice of engineering.”
Kany v. Florida Engineers Management Corp. (2007)
“Section 471.033, Florida Statutes (2006), provides: Affixing or permitting to be affixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or her or under his or her responsible…”
Florida Society of Professional Land Surveyors v. Department of Professional Regulation (1984)
“Respondent now seeks to promulgate essentially the same rule, by relying on the disciplinary rulemaking authority granted by Section 471.033(2), Florida Statutes. 11.”
— 471.033(1) — 1 case
Kany v. Florida Engineers Management Corp. (2007)
“Section 471.033, Florida Statutes (2006), provides: Affixing or permitting to be affixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or her or under his or her responsible…”
— 471.033(1)(g) — 2 cases
Webb v. DEPT. OF PRO. REGULATION (1992)
“Section 471.033(1)(g), Florida Statutes, provides for disciplinary proceedings and sanctions against licensed engineers for "misconduct" in the practice of engineering.”
Sheils v. FLORIDA ENGINEERS MGMT. CORP. (2004)
“Section 471.033(1)(g) states that disciplinary action may be taken against an engineer for "[e]ngaging in fraud or deceit, negligence, incompetence, or misconduct, in the practice of engineering.”
— 471.033(2) — 1 case
Florida Society of Professional Land Surveyors v. Department of Professional Regulation (1984)
“Respondent now seeks to promulgate essentially the same rule, by relying on the disciplinary rulemaking authority granted by Section 471.033(2), Florida Statutes. 11.”
— 471.033(g) — 1 case
Sheils v. FLORIDA ENGINEERS MGMT. CORP. (2004)
“Section 471.033(1)(g) states that disciplinary action may be taken against an engineer for "[e]ngaging in fraud or deceit, negligence, incompetence, or misconduct, in the practice of engineering.”
— 471.033(l)(a) — 1 case
Kany v. Florida Engineers Management Corp. (2007)
“Section 471.033, Florida Statutes (2006), provides: Affixing or permitting to be affixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or her or under his or her responsible…”
— 471.033(l)(g) — 1 case
Banks v. Florida Engineers Management Corp. (2011)
“Count One alleged that the appellant violated section 471.033(l)(g), Florida Statutes (2009), by engaging in negligence in the practice of engineering.”
— 471.033(l)(j) — 1 case
Kany v. Florida Engineers Management Corp. (2007)
“Section 471.033, Florida Statutes (2006), provides: Affixing or permitting to be affixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or her or under his or her responsible…”
— 471.033(l)(k) — 1 case
Banks v. Florida Engineers Management Corp. (2011)
“Count One alleged that the appellant violated section 471.033(l)(g), Florida Statutes (2009), by engaging in negligence in the practice of engineering.”
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