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Florida Statute 471.033 | Lawyer Caselaw & Research
F.S. 471.033 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 471
ENGINEERING
View Entire Chapter
F.S. 471.033
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.

F.S. 471.033 on Google Scholar

F.S. 471.033 on Casetext

Amendments to 471.033


Arrestable Offenses / Crimes under Fla. Stat. 471.033
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 471.033.



Annotations, Discussions, Cases:

Cases from cite.case.law:

JULIO BANKS, P. E. v. FLORIDA ENGINEERS MANAGEMENT CORPORATION,, 53 So. 3d 1151 (Fla. Dist. Ct. App. 2011)

. . . Relying on their finding of waiver, the Board concluded that the appellant violated sections 471.033( . . . Count One alleged that the appellant violated section 471.033(l)(g), Florida Statutes (2009), by engaging . . . Count Two alleged that he had violated section 471.033(l)(k), Florida Statutes (2009), by falsely stating . . .

C. KANY, P. E. v. FLORIDA ENGINEERS MANAGEMENT CORPORATION,, 948 So. 2d 948 (Fla. Dist. Ct. App. 2007)

. . . Revocation was grounded on a determination that Kany had violated section 471.033(l)(j), Florida Statutes . . . that were not prepared by him or under his responsible supervision, direction, or control and section 471.033 . . . The Board primarily rests its decision that Kany violated section 471.033(1)© on its interpretation of . . . Nothing express in section 471.033(l)(a) or in Rule 61G15-18.01K1) precludes an engineer from exercising . . . As in this case, the FEMC charged Puig with violating “sections 471.033(l)(a) & (j) and 455.227(l)(a) . . .

G. PUIG, Jr. P. E. v. FLORIDA ENGINEERS MANAGEMENT CORP., 939 So. 2d 1146 (Fla. Dist. Ct. App. 2006)

. . . filed an administrative complaint against Puig, a licensed engineer, alleging violations of sections 471.033 . . . practice of engineering deeming this to be a conclusion of law not supported by the language of Sections 471.033 . . .

F. SHEILS, P. E. v. FLORIDA ENGINEERS MANAGEMENT CORPORATION,, 886 So. 2d 426 (Fla. Dist. Ct. App. 2004)

. . . letter written on April 12, 2001, following his inspection of a residence, in violation of section 471.033 . . . Section 471.033(l)(g) states that disciplinary action may be taken against an engineer for “[e]ngaging . . .

M. WARD, v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND,, 651 So. 2d 1236 (Fla. Dist. Ct. App. 1995)

. . . Moreover, section 471.033, Florida Statutes (1993), subjects appellant to disciplinary action for negligence . . .

B. WEBB, III, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL ENGINEERS,, 595 So. 2d 1103 (Fla. Dist. Ct. App. 1992)

. . . Section 471.033(l)(g), Florida Statutes, provides for disciplinary proceedings and sanctions against . . .

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL ENGINEERS, v. FLORIDA SOCIETY OF PROFESSIONAL LAND SURVEYORS, A., 475 So. 2d 939 (Fla. Dist. Ct. App. 1985)

. . . Similarly, section 471.033 specifies certain acts which constitute grounds for disciplinary action concerning . . . specific rulemaking authority delegated to the Board in sections 471.011, 471.013, 471.019, 471.025, and 471.033 . . .

FLORIDA SOCIETY OF PROFESSIONAL LAND SURVEYORS v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL ENGINEERS, 10 Fla. Supp. 2d 154 (Fla. Div. Admin. Hearings 1984)

. . . Misconduct in the practice of engineering as set forth in 471.033(l)(g), Florida Statutes, shall include . . . promulgate essentially the same rule, by relying on the disciplinary rulemaking authority granted by Section 471.033 . . .