Florida/Georgia Personal Injury & Workers Compensation

..., the Board would have no objectively defined standard by which to review and approve courses of study in engineering as they relate to engineering surveys without implying authority from this provision to enact a rule defining such term. Similarly, section 471.033 specifies certain acts which constitute grounds for disciplinary action concerning the practice of engineering....

...d 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 delegations of rulemaking authority inhibit, rather than authorize, the Board's power to adopt definitional rules....

...tablish that he would be substantially affected by the proposed rules. It is clear that appellant would be immediately affected by these rules relating to the construction of docks in the aquatic preserves in that he must comply with them. Moreover, section 471.033, Florida Statutes (1993), subjects appellant to disciplinary action for negligence in the practice of engineering....

...This is an appeal from a final order of the Department of Professional Regulation, Board of Professional Engineers, finding the respondent, John B. Webb, III, guilty of misconduct in the practice of engineering. Chapter 471, Florida Statutes, regulates the practice of engineering in this state. Section 471.033(1)(g), Florida Statutes, provides for disciplinary proceedings and sanctions against licensed engineers for "misconduct" in the practice of engineering....

...pellant did not respond to FEMC's administrative complaint within 21 days, thereby waiving his right to dispute the material facts alleged in the complaint. Relying on their finding of waiver, the Board concluded that the appellant violated sections 471.033(1)(g) and (k), Florida Statutes (2010), and disciplined his Professional Engineer (PE) license....

...In lieu of submitting his second list of projects for review, the appellant informed FEMC that he had not performed any engineering work that needed to be reviewed. On October 8, 2009, FEMC filed a two-count administrative complaint against the appellant. Count One alleged that the appellant violated section 471.033(1)(g), Florida Statutes (2009), by engaging in negligence in the practice of engineering. Count Two alleged that he had violated section 471.033(1)(k), Florida Statutes (2009), by falsely stating he had not completed any engineering projects, contrary to the terms of his probation....

..., the Board would have no objectively defined standard by which to review and approve courses of study in engineering as they relate to engineering surveys without implying authority from this provision to enact a rule defining such term. Similarly, section 471.033 specifies certain acts which constitute grounds for disciplinary action concerning the practice of engineering....

...thority 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 delegations of rulemak-ing a...

...On July 23, 2002, the Florida Engineers Management Corporation (FEMC) filed an administrative complaint against John F. Sheils, alleging that Sheils had committed *427 professional misconduct in a letter written on April 12, 2001, following his inspection of a residence, in violation of section 471.033(g), Florida Statutes (2002), and Rule 61G15-19.001(6)(b) of the Florida Administrative Code....

...g court may reject an administrative hearing officer's findings of fact, as long as those findings are supported by competent, substantial evidence in the record." Szniatkiewicz v. Unemployment Appeals Comm'n, 864 So.2d 498, 502 (Fla. 4th DCA 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." In turn, Rule 61G15-19.001(6)(b) of the Florida Admin...

GRIFFIN, J. Robert C. Kany, P.E. [“Kany”], appeals the Florida Board of Professional Engineers’ [“Board”] order revoking his license to practice engineering. Revocation was grounded on a determination that Kany had violated section 471.033(l)(j), Florida Statutes, by affixing or permitting to be affixed his seal, name, or signature to final drawings that were not prepared by him or under his responsible supervision, direction, or control 1 and section 471.033(l)(a), Florida Statutes, by aiding and assisting an unlicensed person to practice engineering and for professional negligence....

...ected or changed to “comply with code or make it better.” “Frequently, they are discussed where the nature of the plan could be changed because it’s not economical or not feasible.” The Board primarily rests its decision that Kany violated section 471.033(1)© on its interpretation of its Rule 61G15-18.011(1), Florida Administrative Code, which we reproduce at length because we cannot find the Board’s interpretation of it in the literal language of the Rule....

...o pose a danger to the public. Whether the engineer exercised control over the decisions that went into creating initial or intermediate drafts of plans matters less under the Rule be *954 cause those plans will not be built from. Nothing express in section 471.033(l)(a) or in Rule 61G15-18.01K1) precludes an engineer from exercising the requisite supervisory direction or control authority over engineering drawings prepared by others....

...3d DCA 2006), the Third District considered a case quite similar to the one presented here. Jose Puig, a licensed engineer, sealed plans to two projects that an unlicensed person had contracted to undertake. Id. As in this case, the FEMC charged Puig with violating “sections 471.033(l)(a) & (j) and 455.227(l)(a) & (j), Florida Statutes (2004), which prohibits sealing plans not prepared by, or under the supervision of, the engineer and assisting an unlicensed person in the practice of engineering.” Id....

...recommended order, and that it was error to reject those findings and conclusions. We reverse and remand with instructions that the administrative law judge’s recommended order be approved. REVERSED and REMANDED. PALMER and EVANDER, JJ., concur. . 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 supervision, direction, or control....