Current through Reg. 50, No. 187; September 24, 2024
(1) Pursuant to Section
471.033(2),
F.S., the Board, to the extent not otherwise set forth in Florida Statutes,
hereby specifies that the following acts or omissions are grounds for
disciplinary proceedings pursuant to Section
471.033(1),
F.S.
(2) A professional engineer
shall not advertise in a false, fraudulent, deceptive or misleading manner. As
used in Section 471.033(1)(f),
F.S., the term "advertising goods or services in a manner which is fraudulent,
false, deceptive, or misleading in form or content" shall include without
limitation a false, fraudulent, misleading, or deceptive statement or claim
which:
(a) Contains a material
misrepresentation of facts;
(b)
Omits to state any material fact necessary to make the statement in the light
of all circumstances not misleading;
(c) Is intended or is likely to create an
unjustified expectation;
(d) States
or implies that an engineer is a certified specialist in any area outside of
his field of expertise;
(e)
Contains a representation or implication that is likely to cause an ordinary
prudent person to misunderstand or be deceived or fails to contain reasonable
warnings or disclaimers necessary to make a representation or implication not
deceptive;
(f) Falsifies or
misrepresents the extent of his education, training or experience to any person
or to the public at large, tending to establish or imply qualification for
selection for engineering employment, advancement, or professional engagement.
A professional engineer shall not misrepresent or exaggerate his degree of
responsibility in or for the subject matter of prior assignments;
(g) In any brochure or other presentation
made to any person or to the public at large, incident to the solicitation of
an engineering employment, misrepresents pertinent facts concerning a
professional engineer's employer, employees, associates, joint ventures, or his
or their past accomplishments with the intent and purpose of enhancing his
qualifications and his works.
(3) A professional engineer, corporation or
partnership, or other qualified business organization ("firm") shall not
practice engineering under an assumed, fictitious or corporate name that is
misleading as to the identity, responsibility or status of those practicing
thereunder or is otherwise false, fraudulent, misleading or deceptive within
the meaning of subsection
61G15-19.001(2),
F.A.C. When a qualified business organization or individual is practicing
engineering as a sole proprietor under a combination of his own given name, and
terms such as "engineering, " "and associates" or "and company, " then said
person or qualified business organization is practicing engineering under a
fictitious name, and must be qualified by a Florida professional engineer
pursuant to Section 471.023(2),
F.S.
(4) A professional engineer
shall not be negligent in the practice of engineering. The term negligence set
forth in Section 471.033(1)(g),
F.S., is herein defined as the failure by a professional engineer to utilize
due care in performing in an engineering capacity or failing to have due regard
for acceptable standards of engineering principles. Professional engineers
shall approve and seal only those documents that conform to acceptable
engineering standards and safeguard the life, health, property and welfare of
the public.
Failure to comply with the procedures set forth in the
Responsibility Rules as adopted by the Board of Professional Engineers shall be
considered as non-compliance with this section unless the deviation or
departures therefrom are justified by the specific circumstances of the project
in question and the sound professional judgment of the professional
engineer.
(5) A professional
engineer shall not be incompetent to practice engineering. Incompetence in the
practice of engineering as set forth in Section
471.033(1)(g),
F.S., shall mean the physical or mental incapacity or inability of a
professional engineer to perform the duties normally required of the
professional engineer.
(6) A
professional engineer shall not commit misconduct in the practice of
engineering. Misconduct in the practice of engineering as set forth in Section
471.033(1)(g),
F.S., shall include, but not be limited to:
(a) Being untruthful, deceptive, or
misleading in any professional report, statement, or testimony whether or not
under oath or omitting relevant and pertinent information from such report,
statement or testimony when the result of such omission would or reasonably
could lead to a fallacious conclusion on the part of the client, employer or
the general public;
(b) Performing
an engineering assignment when not qualified by training or experience in the
practice area involved;
1. All professional
engineer asbestos consultants are subject to the provisions of Sections 469.001
- 459.014 and Chapter 471, F.S., and Chapter 61G15-19, F.A.C., and shall be
disciplined as provided therein.
2.
The approval of any professional engineer as a "special inspector" under the
provisions of Chapter 553, F.S., does not constitute acceptance by the Board
that any such professional engineer is in fact qualified by training or
experience to perform the duties of a "special inspector" by virtue of training
or experience. Any such professional engineer must still be qualified by
training or experience to perform such duties and failure to be so qualified
could result in discipline under this chapter or Chapter 471,
F.S.;
(c) Affixing a
signature or seal to any engineering plan of document in a subject matter over
which a professional engineer lacks competence because of inadequate training
or experience;
(d) Offering
directly or indirectly any bribe or commission or tendering any gift to obtain
selection or preferment for engineering employment with the exception of the
payment of the usual commission for securing salaried positions through
licensed employment agencies;
(e)
Becoming involved in a conflict of interest with an employer or client, without
the knowledge and approval of the client or employer, but if unavoidable a
professional engineer shall immediately take the following actions:
1. Disclose in writing to his employer or
client the full circumstances as to a possible conflict of interest; and,
2. Assure in writing that the
conflict will in no manner influence the professional engineer's judgment or
the quality of his services to his employer or client; and,
3. Promptly inform his client or employer in
writing of any business association, interest or circumstances which may be
influencing his judgment or the quality of his services to his client or
employer;
(f) Soliciting
or accepting financial or other valuable considerations from material or
equipment suppliers for specifying their products without the written consent
to the engineer's employer or client;
(g) Soliciting or accepting gratuities
directly or indirectly from contractors, their agents or other parties dealing
with the professional engineer's client or employer in connection with work for
which the professional engineer is responsible without the written consent of
the engineer's employer or client;
(h) Use by a professional engineer of his
engineering expertise and/or his professional engineering status to commit a
felony;
(i) Affixing his seal
and/or signature to plans, specifications, drawings, or other documents
required to be sealed pursuant to Section
471.025(1),
F.S., when such document has not been personally prepared by the engineer or
prepared under his responsible supervision, direction and control;
(j) A professional engineer shall not
knowingly associate with or permit the use of his name or firm name in a
business venture by any person or firm which he knows or has reason to believe
is engaging in business or professional practices of a fraudulent or dishonest
nature;
(k) If his engineering
judgment is overruled by an unqualified lay authority with the results that the
public health and safety is threatened, failure by a professional engineer to
inform his employer, responsible supervision and the responsible public
authority of the possible circumstances;
(l) If a professional engineer has knowledge
or reason to believe that any person or firm is guilty of violating any of the
provisions of Chapter 471, F.S., or any of these rules of professional conduct,
failure to immediately present this information to FEMC;
(m) Violation of any law of the State of
Florida directly regulating the practice of engineering;
(n) Failure on the part of any professional
engineer or qualified business organization to obey the terms of a final order
imposing discipline upon said professional engineer or qualified business
organization;
(o) Making any
statement, criticism or argument on engineering matters which is inspired or
paid for by interested parties, unless the professional engineer specifically
identifies the interested parties on whose behalf he is speaking, and reveals
any interest he or the interested parties have in such matters;
(p) Sealing and signing all documents for an
entire engineering project, unless each design segment is signed and sealed by
the professional engineer in responsible charge of the preparation of that
design segment;
(q) Revealing
facts, data or information obtained in a professional capacity without the
prior consent of the professional engineer's client or employer except as
authorized or required by law.
(r)
Renewing or reactivating a license without completion of Continuing Education
(CE) hours and subject areas as required by Section
471.017, F.S., and Rule
61G15-22.001,
F.A.C.
(7) A professional
engineer who performs building code inspector or plans examiner duties in
accordance with Section
471.045, or
468.603(6),
(7), F.S., shall be subject to disciplinary
action for commission of the following:
(a)
Violating or failing to comply with any provision of Chapter 471, F.S., or the
rules of the Board of Professional Engineers;
(b) Having been convicted of a crime in any
jurisdiction which directly relates to the practice of building code inspection
or plans examination;
(c) Making or
filing a false report or record, inducing another to file a false report or
record, failing to file a report or record required by state or local law,
impeding or obstructing such filing, or inducing another person to impede or
obstruct such filing.
(8)
A professional engineer shall not be negligent in the practice of engineering
while performing duties as a special inspector. Negligence is herein defined as
the failure by a professional engineer to utilize due care in performing in an
engineering capacity or failing to have due regard for acceptable standards of
engineering and special inspection principles. Failure to comply with the
procedures set forth in the Responsibility Rules for Professional Engineers
Providing Threshold Building Inspection, as adopted by the Board of
Professional Engineers, shall be considered non-compliance with this section
unless the deviation or departures therefrom are justified by the specific
circumstances of the project in question and the sound professional judgment of
the engineer.
Rulemaking Authority
471.033(2) FS.
Law Implemented 471.025(1),
471.033(1)(f), (g),
(2)
FS.
New 1-8-80, Amended 6-23-80, 3-23-81, 6-4-85, Formerly
21H-19.01, Amended 5-14-86, 4-23-87, 11-8-88, 1-11-89, 7-3-90, 11-9-92,
Formerly 21H-19.001, Amended 11-27-94, 5-20-02, 9-5-16, 12-29-19,
4-19-23.
