Florida Statute 492.111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 492
PROFESSIONAL GEOLOGY

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F.S. 492.111

492.111 Practice of professional geology by a firm, corporation, or partnership.—The practice of, or offer to practice, professional geology by individual professional geologists licensed under the provisions of this chapter through a firm, corporation, or partnership offering geological services to the public through individually licensed professional geologists as agents, employees, officers, or partners thereof is permitted subject to the provisions of this chapter, if:

(1) At all times that it offers geological services to the public, the firm, corporation, or partnership is qualified by one or more individuals who hold a current, active license as a professional geologist in the state and are serving as a geologist of record for the firm, corporation, or partnership. A geologist of record may be any principal officer or employee of such firm or corporation, or any partner or employee of such partnership, who holds a current, active license as a professional geologist in this state, or any other Florida-licensed professional geologist with whom the firm, corporation, or partnership has entered into a long-term, ongoing relationship, as defined by rule of the board, to serve as one of its geologists of record. The geologist of record shall notify the department of any changes in the relationship or identity of that geologist of record within 30 days after such change.

(2) All final geological papers or documents involving the practice of the profession of geology which have been prepared or approved for the use of such firm, corporation, or partnership, for delivery to any person for public record with the state, shall be dated and bear the signature and seal of the professional geologist or professional geologists who prepared or approved them.

(3) Except as provided in s. 558.0035, the fact that a licensed professional geologist practices through a corporation or partnership does not relieve the registrant from personal liability for negligence, misconduct, or wrongful acts committed by her or him. The partnership and all partners are jointly and severally liable for the negligence, misconduct, or wrongful acts committed by their agents, employees, or partners while acting in a professional capacity. Any officer, agent, or employee of a corporation is personally liable and accountable only for negligent acts, wrongful acts, or misconduct committed by her or him or committed by any person under her or his direct supervision and control, while rendering professional services on behalf of the corporation. The personal liability of a shareholder of a corporation, in her or his capacity as shareholder, may be no greater than that of a shareholder-employee of a corporation incorporated under chapter 607. The corporation is liable up to the full value of its property for any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services.

History.—ss. 11, 19, ch. 87-403; s. 52, ch. 91-137; s. 4, ch. 91-429; s. 294, ch. 94-119; s. 522, ch. 97-103; s. 61, ch. 2000-356; s. 1, ch. 2004-294; s. 7, ch. 2013-28; s. 72, ch. 2020-160.

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Amendments to 492.111

Arrestable Offenses / Crimes under Fla. Stat. 492.111

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 492.111.

Annotations, Discussions, Cases:

Cases Citing Statute 492.111

Total Results: 3

Witt v. La Gorce Country Club, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-09T00:00:00-07:00

Citation: 35 So. 3d 1033, 2010 Fla. App. LEXIS 8160, 2010 WL 2292104

Snippet: through a corporation. More specifically, section 492.111, Florida Statutes (2005), provides in pertinent…corporation in the rendering of professional services. § 492.111(4), Fla. Stat. (emphasis added). Witt argues that…would be unenforceable as a matter of law. Section 492.111(4), Florida Statutes; see Moransais, 744 So.2d …professional services agreement, as evidenced by section 492.111(4) and Moransais, and, therefore, we find that

Andrews v. Florida Parole Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-18T00:00:00-07:00

Citation: 768 So. 2d 1257

Snippet: judicial act," Burns v. Reed, 500 U.S. 478, 492, 111 S.Ct. 1934, 1942, 114 L.Ed.2d 547 (1991), the …judicial act," Burns v. Reed, 500 U.S. 478, 492, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991), but when an

Clark v. Department of Professional Regulation, Board of Professional Geologists

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-18T00:00:00-07:00

Citation: 584 So. 2d 59, 1991 Fla. App. LEXIS 7039, 1991 WL 133420

Snippet: constitutionality of Sections 492.105(l)(d)(2) and 492.-111(1), Florida Statutes (1989), and contends that…argument concerning the constitutionality of Section 492.111(1), which requires persons offering geological