Narrative Opinion Summary
In this case, the Florida Board of Professional Engineers revoked an engineer's license due to violations of sections 471.033(1)(j) and 471.033(1)(a) of the Florida Statutes. The engineer affixed his seal to project plans not prepared under his direct supervision, with significant structural deficiencies noted in one project. The Florida Engineers Management Corporation (FEMC) accused the engineer of failing to maintain 'responsible charge' over the work of an unlicensed draftsman. The Administrative Law Judge (ALJ) initially found that the engineer had exercised responsible charge and suggested a reprimand due to the engineer’s long-standing professional relationship with the draftsman. However, the Board accepted FEMC's exceptions to the ALJ’s findings and revoked the license, emphasizing the engineer's failure to actively engage in the design process. Expert testimony highlighted the professional standards for supervisory roles and the necessity of engineers initiating design concepts and reviewing draftsman work. The Board's decision underscored that merely reviewing completed drawings does not satisfy the requirement for responsible charge. The case reflects on the interpretation of professional responsibility regulations and the need for clear standards within the engineering profession.
Legal Issues Addressed
Interpretation of Professional Regulationssubscribe to see similar legal issues
Application: The Board's interpretation of 'responsible charge' required active engagement in initiating engineering concepts, which Kany did not demonstrate.
Reasoning: The Board's final order contradicts the ALJ's recommendations regarding 'responsible supervision, direction, or control,' implying that the ALJ failed to find that Kany initiated and participated in the engineering plans.
Plan Stamping and Professional Standardssubscribe to see similar legal issues
Application: Kany's sealing of plans without adequate supervision was deemed 'plan stamping,' violating professional standards.
Reasoning: An engineer is permitted to exercise supervisory direction or control over engineering drawings created by others, as outlined in section 471.033(1)(a) and Rule 61G15-18.011(1).
Responsibilities of the Engineer of Record (EoR)subscribe to see similar legal issues
Application: Kany was found to lack the necessary control over engineering decisions as defined by Rule 61G15-18.011(1), impacting public health, safety, and welfare.
Reasoning: The Engineer of Record (EoR), defined in subsection 61G15-30.002(1), F.A.C., must maintain a significant degree of control over engineering decisions that impact public health, safety, and welfare.
Substantial Evidence and Burden of Proofsubscribe to see similar legal issues
Application: The FEMC was required to establish their case against Kany with clear and convincing evidence, which must be credible and sufficiently compelling.
Reasoning: The burden of proof lies with the FEMC to establish their case against Kany by clear and convincing evidence, which must be credible and sufficiently compelling.
Termination of Engineering License under Florida Statutessubscribe to see similar legal issues
Application: The Florida Board of Professional Engineers revoked Kany's engineering license due to violations of sections 471.033(1)(j) and 471.033(1)(a), concluding he did not exercise responsible supervision.
Reasoning: The Board found that Kany improperly affixed his seal to final drawings not prepared under his supervision, and aided an unlicensed individual, Robert Thomas, in practicing engineering.