FBPE Study Guide 2018 04

FBPE Study Guide
Committed to protecting the interest of public health and safety

by properly regulating the practice of engineering.
Online at fbpe.org
Welcome to the FBPE Study Guide
The Florida Board of Professional Engineers is responsible for implementing Chapter 471 of the Florida
Statutes, which states that the Legislature deems it necessary in the interest of public health and safety
to regulate the practice of engineering in this state.
In responding to this statutory mandate, the Florida Board of Professional Engineers works diligently to
ensure that licensees are competent and, in fact, do not pose a danger to the public. One aspect of
implementing the law involves the evaluation of a candidate’s ability and knowledge of professional
engineering. This evaluation is accomplished through the review of an applicant’s education and
experience, and requires passage of the national examination developed by the National Council of
Examiners for Engineering and Surveying (NCEES). In addition, the Legislature has mandated that all
Professional Engineers practicing in Florida be knowledgeable regarding the laws and rules that govern
the practice of engineering in Florida. The Board implements this requirement through completion of
this FBPE Study Guide on Florida’s Laws and Rules. The Study Guide consists of a written text that
thoroughly reviews Chapter 471, Florida Statutes, and Chapter 61G15, Florida Administrative Code.
You may print out the Study Guide; however, the Study Guide is to be completed online.
You are required to submit the Study Guide as a part of the application process. An application file will
not be considered complete unless the Study Guide is submitted. In accordance with Rule 61G15-
20.0016, F.A.C., an applicant must achieve a minimum score of 90 percent on the Study Guide.
You may stay online as long as you want, or you may go online and offline as frequently as you want.
Once you answer the last question, you will be able to submit your quiz for grading, and your score will
be sent directly to your file at the FBPE office. You have unlimited attempts to pass the Study Guide.
However, following 15 attempts, you will be prohibited from logging in. You will need to have FBPE staff
reset your account to allow further attempts.
This Study Guide serves as an excellent resource for information on the Florida Engineering Practice Act
and the rules promulgated by the Florida Board of Professional Engineers. Successfully completing the
Study Guide will ensure you have the knowledge necessary to comply with regulations as you begin your
engineering practice in Florida.
Upon completion of the Study Guide, the applicant will have an understanding of:
• The history of the Florida Board of Professional Engineers, the requirements for service on the
Board, and the current Board membership;
• The history of the Florida Engineers Management Corporation;
• The laws and rules that are the basis for regulation of the profession, and the definitions that
are key to their understanding;
• The licensure of engineers to include who is exempt from licensure, pathways to licensure, and
the requirements of the different pathways;
• The requirements to maintain the license, and the various states of licensure;
• The requirements relating to signing, dating, and sealing engineering documents, as well as the
proper process for adopting the work of another engineer as that of your own;
• The Responsibility Rules, as well as definitions key to their understanding; and;
• The disciplinary process when the laws and rules are violated, including a review of the acts that
constitute grounds for disciplinary action, and the penalties that may be imposed.
FBPESG-1804
FBPE Study Guide | 1

Chapter 1: General information
About FBPE
The Florida Engineering Practice Act was first enacted by the Florida Legislature in May 1917, and was
the first all-inclusive Engineering Practice Act passed in the United States. The first Board was appointed
on July 17, 1917, and began functioning Sept. 11, 1917. Those very first Board members were:
• R.E. Chandler, Chair
• Orrin Randolph, Vice Chair
• C.S. Hammatt, Secretary/Treasurer
• R.Y. Patterson
• Gail L Barnard
Obviously, you won’t see any of those names among the current members of the Board. However, you
will see C.S. Hammatt’s name in examples of how a seal should read in Rule 61G15-23.001, Florida
Administrative Code, Seals Acceptable to the Board.
In 1925, the law was amended to require that an applicant be subject to an examination. In 1941, the
chapter was substantially revised, and re-enacted and designated as Chapter 471, Florida Statutes, the
number it has held since. In 1963, the portion of the law allowing corporations and partnerships to offer
engineering services was added, and two years later the number of Board members was increased to
seven. Also in 1965, the Board was authorized to adopt Rules of Professional Conduct — the precursor of
today’s Chapter 61G15, F.A.C., Rules of the Board of Professional Engineers — and made them binding
on all who held a “Certificate of Registration,” the precursor of today’s license.
In 1979, during a periodic “Sunset Review” of Chapter 471, F.S., the legislature separated the regulation
of the practice of engineering from that of land surveying, and recreated the Board of Professional
Engineers with seven engineering members and two public members, or persons with no ties to the
engineering profession. Those in the profession of land surveying, as it was known then, were provided
a Board of Professional Land Surveyors, which subsequently morphed into what is now the Board of
Land Surveyors and Mappers.
In 1998, the Florida Engineers Management Corporation was created to provide administrative,
investigative, and prosecutorial services to the Board. In 2004, the number of Board members was
increased to 11.
Requirements for membership on FBPE

Section 471.007, F.S., provides that of 11 members appointed to the Board, nine shall be licensed
engineers and two shall be laypersons who are not and have never been engineers, nor have ever been
members of any closely related profession or occupation. A member of the Board who is a licensed
engineer must be selected and appointed based on his or her qualifications to provide expertise and
experience to the board at all times in civil engineering, structural engineering, electrical or electronic
engineering, mechanical engineering, or engineering education. (While the law calls for separation of
the profession by discipline, it does not license engineers by discipline. In Florida, licensure is as a
Professional Engineer, and persons may practice within any discipline in which they are competent by
virtue of their education, training, and experience.)

Members of the Board are named by the governor, and subject to confirmation by the Senate. They
serve a term of four years. A Board member can be appointed for a second four-year term.
The importance of good appointments to the Board cannot be overstated. Unlike many gubernatorial
appointments, an appointment to the Board of Professional Engineers is not ceremonial. FBPE is a
working board, and the importance and amount of work is substantial. The Board meets, on the
average, every other month for two days, and many times those full Board meetings are preceded by
committee meetings of a day or more. Members of the Board are paid an honorarium of $50 a day, as
well as travel expenses. By the way, they do not get paid while at home performing the necessary
review of voluminous materials that flow from each Board or committee meeting. The currency for
remuneration for Board service is honor, and it is a high honor to be named to a board responsible for
insuring that the public’s health, safety, and welfare is guarded from less-than-capable or charlatan
engineers or unlicensed persons.
Who is on the Board?

As mentioned above, Board members may be appointed for no more than two four-year terms.
Therefore, the makeup of the Board is apt to change somewhat frequently. For a current list, visit
fbpe.org and click on “About FBPE.”
Where is the headquarters?

Section 471.009, F.S., is very short and very specific. It requires the location of the Board of Professional
Engineers to be in Leon County. The physical location of the Board office is 2639 N Monroe St., Suite B-
112, Tallahassee, FL 32303-5268. The phone number is 850-521-0500, and the fax is 850-521-0521. As
previously mentioned, the website is fbpe.org.
If the acronym for the Florida Board of Professional Engineers is “FBPE,” what does
“FEMC” stand for?
FEMC is the acronym for the Florida Engineers Management Corporation, which is a statutorily created,
non-profit corporation whose mission is to deliver administrative, investigative, and prosecutorial
services to the Board of Professional Engineers. In other words, FEMC is the staff of the Board and is
responsible for all aspects of administration, from answering the telephones to investigating complaints
to prosecuting violations of the Engineering Practice Act. It is a unique, service-delivery system created
by the 1998 legislature to serve FBPE and improve protection to the public by pinpointing staff-support
responsibilities and reducing bureaucracy. FEMC is required to meet certain performance standards
found in Rule 61G15-37.001, F.A.C. (the very last rule in Chapter 61G15). The performance standards are
not inordinately difficult and not much different from what can be expected of any state agency.
Several, however, should be noted in as much as they require FEMC to:
• Send a reminder notice to each licensee at least 90 days before the end of the licensing cycle.
The “heads up” here is that the reminder will be sent to the last known address that FEMC has
for you. So, if you have moved and not notified FEMC, the renewal notice will be sent to the old
address and, in all likelihood, will not be received. Once you have become licensed, go to
myfloridalicense.com/licensing, and confirm your address of record. If the address is not correct,
go to fbpe.org and click on “Licensure,” then complete the online form “Change Contact
Information.” By the way, unlike many businesses, there is no second or “final” reminder. If you
fail to respond, your license will be delinquent on March 1 (the first day of the licensure period),

and the next notice you receive will be 21 months later or 90 days prior to your license
becoming “null and void.”
• Respond to an applicant within 30 days of receipt of an application for licensure, and notify the
applicant of any errors or omissions in the application. Generally, contacting an applicant about
missing or needed information within 30 days isn’t an issue. However, twice a year, several
hundred applicants wait until the deadline to submit their applications, and the process may bog
down. This is another way of saying the standard is good and in place, but human nature may
make it difficult to meet.
• Make a determination of legal sufficiency within 30 days of receiving a complaint, and provide
the subject of the complaint or his or her attorney with a copy of the complaint within 15 days
of determining the complaint to be sufficient. More on this subject is under the “Disciplining”
section, but for now, understand that this is a reasonably tough standard and rarely met prior to
the creation of FEMC.
Who provides services to FBPE?

FBPE is considered a “working board” in that members of FBPE are heavily involved in Board duties and
make key policy decisions. However, the day-to-day work of FBPE is done by employees of the Florida
Engineers Management Corporation, usually referred to as “Board staff.”
The email address for Board staff can be found on the Board website at fbpe.org under the “Contact”
tab. Contact information for the DBPR Contract Monitor can be found on the Board website on the
“About FEMC” page under the “About” tab. Contact information for the FBPE’s General Counsel can be
found on the “About FBPE” page under the “About” tab.
Keep in mind there are nearly 45,000 licensed engineers and around 6,500 Certificates of Authorization
holders, all of whom seek to renew their license or Certificate of Authorization in the 90-day or so period
between receipt of the renewal notice and the Feb. 28 deadline for renewal. Factor in the several
hundred who have applied to become licensed and the number of engineers whose license is under
investigation, and you can see that the Board office is a busy place. Although many calls or emails to the
Board staff are routine, many are complex and directly involve the professional livelihood of engineers.
So be patient and understand that protecting the public from less-than-adequate engineering is
important and, sometimes, time-consuming. You will want the same deliberate effort when you ask
your question.
Chapter 471 F.S., The Engineering Practice Act

Chapter 471, F.S., relates only to the engineering profession. The “Rules” of the Board (Chapter 61G15,
F.A.C.) do not expand the authority of the Board beyond that provided by Chapter 471, F.S., but provide
more details and mechanics. Chapter 471, F.S., and Chapter 61G15, F.A.C., will be covered in depth in
subsequent chapters of this guide. However, before moving into the details, it is important that we
understand certain terms and their legal definition.
You can download up-to-date copies of Chapter 471, F.S., The Florida Engineering Practice Act, and
Chapter 61G15, F.A.C., The Rules of the Board, under the “Legal” tab at fbpe.org.
Definitions important to engineers

Section 471.005, F.S., provides key definitions, all of which are important to understanding the rules and
regulations of the engineering profession.

• 471.005(1) defines “Board” as Board of Professional Engineers.
• 471.005(2) defines “Board of Directors” as the Board of Directors of the Florida Engineers
Management Corporation (the company that provides services to FBPE).
• 471.005(3) defines “Certificate of Authorization” as a license to practice engineering by a
corporation or partnership.
• 471.005(4) defines “Department” as the Department of Business and Professional Regulation.
• 471.005(5) defines “Engineer” to include the term Professional Engineer and licensed engineer,
and means a person who is licensed to engage in the practice of engineering.
• 471.005(6) defines “Engineer Intern” as a person who has graduated from an approved
engineering curriculum and passed the Fundamentals of Engineering exam. Note, the term
replaces the now-dated term “engineer-in-training.”
• 471.005(7) defines “Engineering,” and, as it is the most important term in the chapter, it is
printed in full below, followed by a commentary on the more significant provisions in the
definition:
“(7) ‘Engineering’ includes the term ‘professional engineering’ and means any service or creative
work, the adequate performance of which requires engineering education, training, and
experience in the application of special knowledge of the mathematical, physical, and
engineering sciences to such services or creative work as consultation, investigation, evaluation,
planning, and design of engineering works and systems, planning the use of land and water,
teaching of the principles and methods of engineering design, engineering surveys, and the
inspection of construction for the purpose of determining in general if the work is proceeding in
compliance with drawings and specifications, any of which embraces such services or work,
either public or private, in connection with any utilities, structures, buildings, machines,
equipment, processes, work systems, projects, and industrial or consumer products or equipment
of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve
safeguarding life, health, or property; and includes such other professional services as may be
necessary to the planning, progress, and completion of any engineering services. A person who
practices any branch of engineering; who, by verbal claim, sign, advertisement, letterhead, or
card, or in any other way, represents himself or herself to be an engineer or, through the use of
some other title, implies that he or she is an engineer or that he or she is licensed under this
chapter; or who holds himself or herself out as able to perform, or does perform, any engineering
service or work or any other service designated by the practitioner which is recognized as
engineering shall be construed to practice or offer to practice engineering within the meaning
and intent of this chapter.”
This definition is the essence of the Engineering Practice Act and contains terms important to the
admission to the practice of engineering. As the definition is important — and lengthy — we have
broken the definition into bite-size portions so that it can be better understood and recalled as other
portions of the Engineering Practice Act are covered.
“Engineering” includes the term “professional engineering” and means:
• Any service or creative work, the adequate performance of which requires engineering
education, training, and experience…

• In the application of special knowledge of the mathematical, physical, and engineering
sciences…
• To such services or creative work as:
o Consultation,
o Investigation,
o Evaluation,
o Planning,
o Design of engineering systems,
o Planning the use of land and water,
o Teaching the principles and methods of engineering design
o Engineering surveys, or
o The inspection of construction for the purpose of determining in general if the work is
proceeding in compliance with drawings and specifications…
• Any of which embraces such services or work, either public or private, in connection with any:
o Utilities,
o Structures,
o Buildings,
o Machines,
o Equipment,
o Processes,
o Work systems,
o Projects,
o Industrial or consumer products, or
o Equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature…
• Insofar as they involve safe guarding life, health or property, and…
• Includes such professional services as may be necessary to the planning, progress, and
completion of any engineering services.
A second sentence in the definition further expands the definition of engineering and its application by
saying:
• A person who practices any branch of engineering who by:
o Verbal claim,
o Sign,
o Advertisement,
o Letterhead,
o Card, or
o In any other way…
• Represents himself or herself to be an engineer, or
• Through the use of some other title implies that:
o He or she is an engineer, or
o He or she is licensed under this chapter, or
o Who holds himself or herself out as able to perform, or
o Does perform…
 Any engineering service or work, or

 Any other service designated by the practitioner that is recognized as
engineering…
• Shall be construed to practice or offer to practice engineering within the meaning and intent of
this chapter.
• 471.005(8), F.S., defines “license” as the licensing of engineers or the certification of a business
to practice engineering
• 471.005(10) defines a “Retired Professional Engineer” or “Professional Engineer, Retired” as one
who:
o Has been licensed, and
o Chooses to relinquish or not renew his license, and
o Is approved by the board to be granted the title “Professional Engineer, Retired.”
Those who may consider the “Retired Professional Engineer” status need to know that should you
change your mind after the status change is granted, you will be required to meet licensure standards as
they exist when you re-apply.
471.005(11) says that the term “secretary” means the Secretary of the Department of Business and
Professional Regulation.
FBPESG-1804

Chapter 2: Licensure
Who is exempt from licensure?
As strange as it seems, the authors of Chapter 471, Florida Statutes, The Engineering Practice Act, do not
deal with who is required to be licensed; only those exempt from licensure under the act are spelled
out. That is done in Section 471.003, F.S., where a substantial list of exemptions appears. Although most
readers of this Study Guide desire licensure as engineers, it may be helpful for them to know who
doesn’t need to be licensed.
Included in the exemptions in 471.003, F.S., are:
• (2)(a) Any person practicing engineering on property owned by her or him, unless the practice
involves a public utility or public health, safety, or welfare, or the safety and welfare of
employees.
• (2)(b)1 Persons acting as a public officer employed by a government working on projects of
$10,000 or less.
• (2)(b) 2 Employees of government who are subordinate to a person who is licensed and in
responsible charge, as long certain supervision standards are met.
• (2)(c) Full-time employees of corporations whose practice is limited to the design or fabrication
of manufactured products and servicing such products (aka the “industry” exemption).
• (2)(d) Full-time employees of a public utility.
• (2)(e) Full-time employees who are subordinate to a person in responsible charge who is
licensed.
• (2)(f) Contractors in the execution of work done by a Professional Engineer.
• (2)(g) A surveyor who contracts for engineering services incidental to his surveying practice and
who delegates the engineering services to a qualified licensed engineer either in his firm or
under contract with his firm.
• (2)(h) Any electrical, plumbing, air conditioning, or mechanical contractor whose practice
includes the design and fabrication of electrical, plumbing, air conditioning, or mechanical
systems that he or she installs by virtue of a license under Chapter 489, F.S., The Construction
Industry Licensing Law:
o The electrical or plumbing or HVAC system has a value of $125,000 or less; and
o The aggregate service is 600 amperes (240 volts) or less on residential systems, or 800
amperes (240 volts) or less on commercial or industrial electrical systems; or
o The plumbing system has fewer than 250 fixture units; or
o The HVAC system does not exceed a 15-ton-per-system capacity, or is designed for a
capacity of 100 or fewer persons.
• (2)(i) A licensed contractor when negotiating under a design-build contract, as long as the
engineering services provided under the contract are performed by a licensed engineer.
• (2)(j) Any aerospace company or anyone working for an aerospace company who provides
engineering for any space-related aircraft or launch vehicle.
The “incidental practice” exemption

One exemption from the Engineering Practice Act, Section 471.003(3), F.S., has been controversial for
many years and may remain so into the foreseeable future. It is called the “incidental practice” provision

and is the product of long discussions and compromise between the architectural and engineering
community. The exact same language appears in both the Engineering Practice Act and the Architecture
Practice Act. The exact language appears below, but in essence it means a civil engineer, or persons in
his responsible charge, can perform architectural services that are merely incidental to the engineering
aspects of the project. Likewise, an architect can perform services considered to be engineering, and as
long as those services are incidental to the architect’s practice of architecture, the architect is exempt
from licensure under Chapter 471, F.S.
So what is the definition of “incidental”? Down through the years, FBPE has adopted a position much
like the response of a Supreme Court justice when asked to define pornography, which was “I know it
when I see it.” Currently, neither FBPE nor the Board of Architecture and Interior Design have been
pressed to make such a call. However in times of slower construction, the issue usually arose when
architects would file an unlicensed practice complaint against an engineer for designing a building. The
position of the complaining architect was that only an architect could take design responsibility for a
building. The counter argument by the engineer was that “buildings” were included in the definition of
“engineering,” and that the test for a proper submission of building plans was not that the plans were
sealed by an architect or an engineer, but whether the plans that were submitted conformed to all
applicable building codes.
All that having been said, architects have an exemption from the Engineering Practice Act as long as the
engineering services provided are incidental to the services they provide as an architect. By the way, as
the wording of the statute below states, in no instance may an engineer use the term “architect,” and
no architect may use the term “engineer.”
Section 471.003(3), F.S., reads in full: “Notwithstanding the provisions of this chapter or of any other
law, no licensed engineer whose principal practice is civil or structural engineering, or employee or
subordinate under the responsible supervision or control of the engineer, is precluded from performing
architectural services which are purely incidental to her or his engineering practice, nor is any licensed
architect, or employee or subordinate under the responsible supervision or control of the architect,
precluded from performing engineering services which are purely incidental to her or his architectural
practice. However, no engineer shall practice architecture or use the designation ‘architect’ or any term
derived therefrom, and no architect shall practice engineering or use the designation ‘engineer’ or any
term derived therefrom.”
Faculty exemption
The last exemption in the Engineering Practice Act was placed there at the request of engineering deans
and faculty of the state university system who felt that the requirement for licensure as a Professional
Engineer was impeding the recruitment of engineering faculty. The teaching of the principles and
methods of engineering design remains in the definition of “engineering” to allow those who teach to
count the time teaching toward the four years of engineering experience. However, 471.0035, F.S.,
exempts persons employed by post-secondary educational institutions from licensure as a Professional
Engineer.
Who needs to be licensed?

Recall earlier in the Study Guide the sections dealing with the definition of “engineering”? Persons doing
those activities as defined in Section 471.005(7), F.S., and not exempt under Section 471.003, F.S., are
required to be licensed.

Who can become licensed?
Having stated who does not need to become licensed as a Professional Engineer, and understanding all
others performing those services defined as engineering are required to be licensed, then what are the
requirements for licensure and how does one become licensed? Sections 471.013 and 471.015, F.S.,
provide this information.
Let’s discuss the second question first. There are several ways to become licensed, all of which include
the blanket requirement that the person be of good moral character:
By examination
Licensure by examination means obtaining a score of 70 or better on the Fundamentals of Engineering
exam and the Principles & Practice of Engineering exam, both of which are administered by the National
Council of Examiners for Engineering and Surveying (NCEES), and providing proof of four years of active
engineering experience of a character indicating competence to be in responsible charge provided,
however, the applicant is:
• A graduate of an approved engineering curriculum of four years or more in a school, college, or
university approved by FBPE; or
• A graduate of an engineering technology curriculum of four years or more in a school in the
state university system, as long as he or she had enrolled and graduated prior to July 1, 1979; or
• In lieu of such education and experience requirements, he or she had 10 years or more of active
engineering work of a character indicating the applicant is competent to be placed in
responsible charge of engineering. This provision cannot be utilized unless the applicant notified
the Department of Business and Professional Regulation of the intent to apply under this
provision before July 1, 1984, and the applicant was engaged in such work on July 1, 1981.
Practically speaking, the clock has run out for applicants with a technology degree or 10 years of
experience, so the vast majority of applicants today are graduates of engineering programs accredited
by the Accreditation Board for Engineering and Technology (ABET). Under Rule 61G15-10.006, F.A.C.,
FBPE can accept graduates from schools other than those with ABET-approved curricula. However, an
evaluation of the applicant’s transcript must determine if the program and transcript are comparable to
an ABET program.
Foreign degree applicants

As ABET does not involve itself with most foreign degree programs, applicants with degrees from foreign
institutions are typically required to document “substantial equivalency” to ABET criteria. Rules 61G15-
20.007(1)(a) through (2)(d), F.A.C., sets forth the criteria that must be met by a foreign student and, in
summary, includes:
• 32 college credit hours of higher mathematics and basic sciences,
• 9 college credit hours in general education,
• 48 college credit hours in engineering sciences and engineering design, and
• Competency in the English language as evidenced by a minimum score of 550 on the written, 80
on the internet-based, or 213 on the computer-based Test of English as a Foreign Language
(TOEFL) exam.

The applicant is responsible for getting the evaluation of substantial equivalency from a provider of the
service approved by FBPE. The FBPE Educational Advisory Committee will make the final decision
regarding equivalency and will recommend to FBPE whether or not the applicant will be approved for
admittance to the exam or by endorsement.
The exams
An applicant may be admitted to the required Fundamentals of Engineering exam during the final year
of undergraduate study or as a graduate of an engineering curriculum in a school or university approved
by the Engineering Accreditation Commission of the Accreditation Board for Engineering Technology
(ABET). Applicants must successfully complete the Fundamentals exam before sitting for the Principles &
Practice exam. An applicant who has a Ph.D. in engineering from an institution that has an
undergraduate program approved by ABET, and who has taught at least three years at the
baccalaureate level after receiving the Ph.D. is deemed to have passed the Fundamentals exam.
If an applicant fails the Fundamentals or the Principles & Practice exam three times, FBPE requires the
applicant to take a Board-approved engineering exam review course or complete 12 hours of additional
college-level classes with grades no lower than a “C” or its equivalent in order to retake the exam.
By endorsement
Licensure by endorsement means the applicant is qualified to and has taken the NCEES Fundamentals
exam and the Principles & Practice exam, or their equivalents, and has completed the requisite four
years’ engineering experience, or holds a license in another state if the criteria for issuance of the
license was substantially equivalent as that existing in Florida at the time the license was issued.
Most licenses issued by endorsement are issued on the basis of the applicant having a license in another
state. In fact, FBPE has instituted the NCEES “Model Law Engineer” fast-track licensing process for
applicants who are licensed in another state, meet the ABET degree requirements, and have the four
years of needed experience, which allows the license to be issued by FBPE staff without the needed
approval of the full Board. The Engineering Practice Act “deems equivalent” to having passed the
Fundamentals exam an applicant who has:
• Had a license in another state for 15 years and has had 20 years of continuous professional-level
engineering experience; or
• Received a doctorate degree in engineering from an institution that has an ABET-accredited
undergraduate engineering program, and has taught engineering full time for at least three
years at the baccalaureate level or higher after receiving the degree.
The Engineering Practice Act “deems equivalent” to having passed the Fundamentals and the Principles
& Practice exams an applicant who has held a license in another state for 25 years and has 30 years of
continuous professional-level engineering experience.
With continuing education requirements now becoming popular in many states, some engineers who
hold licenses in multiple jurisdictions are allowing to lapse licenses that they hold in states where they
infrequently do work, thinking they will be able to avoid a renewal fee and the costs of meeting
continuing education requirements by merely re-applying by endorsement should they need an active
license. But Florida law requires that an applicant who previously held a license in Florida but allowed it
to become null and void re-apply by endorsement, and the applicant must meet the licensure
requirements that exist at the time of the new application. This may not be significant for the “Model

Law Engineer.” However, for someone licensed under the 10-year experience provision, or by
graduating from an engineering technology program instead of an ABET engineering program, licensure
by endorsement may be problematic.
Four years’ experience

Whether seeking licensure by exam or by endorsement, an applicant must have four years of acceptable
experience in engineering at the time the application is submitted. To be acceptable, the type of
experience must involve activities in the field of engineering as defined in Section 471.005(7), F.S. Rule
61G15-20.002, F.A.C., contains guidelines that FBPE follows when determining applicable experience.
These guidelines are:
• The experience should logically follow and constitute an application of engineering education
previously obtained.
• Engineering experience obtained prior to graduation is usually sub-professional in nature. If the
full-time experience is obtained within two years of completing the engineering degree, and
involves tasks and responsibilities consistent with the disciplines of engineering, experience
credit may be awarded at 50 percent of actual time. In any event, the total engineering
experience credit allowable for pre-graduation experience shall not exceed 12 months.
• Experience is based on a 40-hour week, and no credit is given for overtime work.
• No credit is given for part-time work while pursuing engineering education on a full-time basis.
• No credit will be given for part-time pursuit of a master’s or doctorate while obtaining full-time
work experience.
• Experience must be progressive and indicate increasing responsibility. Experience must not be
obtained in violation of the Engineering Practice Act.
• Experience gained in the armed services must be of a character equivalent to that which would
have been gained in the civilian sector.
• Experience should be gained under the supervision of a licensed Professional Engineer. If not, an
explanation as to why it should be accepted is needed.
• For experience in sales to be credited, it must be shown that engineering principles were
required and used in gaining the experience.
• For teaching experience to be creditable, it must be in engineering courses at an advanced level
at an institution of higher education approved by FBPE.
• Experience can be gained in engineering research and design projects by members of an
engineering faculty where the program is approved by FBPE.
• Experience should include a demonstration of a knowledge of engineering mathematics,
physical and applied science, properties of materials, and fundamental principles of engineering
design.
• Experience should include a demonstration of the application of engineering principles in the
practical solutions to an engineering problem.
• FBPE will accept as one year of experience a master’s degree from an ABET-approved
institution.
• FBPE will accept as one year of experience a doctorate degree from an ABET-approved
institution.

In order to verify an applicant’s experience, FBPE will require evidence of employment from employers
or supervisors who are employed in the engineering profession, or who are Professional Engineers, and
are able to state the quality and character of the applicant’s duties and responsibilities. In addition to
employer verification, the applicant must list three personal references who are Professional Engineers.
If the information submitted is insufficient or incomplete, the applicant will be required to supplement
the information so that an intelligent decision may be made on whether admittance to the examination
is allowable.
Good moral character

In addition to a proper education, successful completion of two exams and four years of applicable
experience, there is also a requirement for “good moral character.” However there is no definition for
what good moral character may be. FBPE may refuse to certify an applicant for licensure for failure to
satisfy the good moral character requirement if there is a connection between the lack of good moral
character and the responsibilities of a Professional Engineer. The finding of a lack of good moral
character must be supported by clear and convincing evidence. When an applicant is found unqualified
based on this provision, he or she must be provided the complete record of evidence and notice of his or
her rights to a hearing and appeal.
Maintaining the license

Upon receiving a Professional Engineer license, there are certain requirements that must be met in
order for it to be renewed at the end of the licensure period. Section 471.017, F.S., deals with renewal of
licenses and charges the Florida Engineers Management Corporation to renew licenses upon the receipt
of a fee and an application. This section also requires FBPE to adopt rules establishing a procedure for
the biennial renewal process. As a part of the rules, the statute requires an applicant for renewal to
demonstrate continuing professional competency by completing nine continuing education hours each
year, with a total of 18 professional development hours (PDHs) during the biennium.
Although the statute directs the rules to be consistent with NCEES guidelines, which discourage
continuing education requirements that are particular to one state as it impacts the mobility of a
license, the same paragraph dictates that one of the professional development hours must be on
Chapter 471, F.S., The Engineering Practice Act, and Chapter 61G15, F.A.C., The Rules of the Board of
Professional Engineers; one hour is required to relate to professional ethics; four hours are required to
relate to the licensee’s area of practice; and the remaining 12 hours are required to relate to any topic
pertinent to the practice of engineering. If the licensee actively participates in the design of engineering
works or systems in connection with buildings, structures, or facilities and systems covered by the
Florida Building Code, then the licensee is required to complete specialized or advanced courses on any
portion of the Florida Building Code applicable to the licensee’s area of practice.
The statute directs FBPE to make rules regarding continuing education, which are found in 61G15-22,
F.A.C. These rules require an engineer to certify that 18 hours of continuing education have been
completed. The rules define “area of practice” as an engineering discipline for which a Principles &
Practice exam is offered by NCEES. There 17 such exams, which can be found on the NCEES website at
ncees.org/engineering/pe/. The professional development hour (PDH) is defined as 50 minutes, and is
stated to be the common denominator for other units of credits. Continuing education hours (CEHs) are
recognized as a common unit of credit, with one CEH equal to one PDH.

61G15-22.002, F.A.C., also defines “course activity” as any qualifying course or activity with a clear
purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to a
licensee’s area of practice. The next rule, 61G15-22.003, F.A.C., sets forth the very specific qualifying
activities for the area of practice, which are:
• Successful completion of college courses (one semester hour equals 45 CEHs and one quarter
hour equals 30 CEHs).
• Successful completion of continuing-education courses given by FBPE-approved providers (one
contact hour equals one CEH). You can search for a continuing education provider at
fbpe.org/continuing-education/provider-search/. The administration of continuing-education
courses can be by any of the following methods:
o In-person,
o Correspondence,
o Recorded,
o Internet-based,
o Seminars,
o Workshops,
o Professional or technical presentations at conventions or meetings.
• Teaching or instructing in any of the above. However, credit can only be taken the first time the
course is taught, and credit does not apply to full-time faculty. (One teaching hour equals two
CEHs.)
• Authoring published papers, articles, or books, or accepted licensure exam items for NCEES.
(Each peer-reviewed paper or book equals 10 CEHs; other publications equal five CEHs; NCEES
items equal two CEHs.)
• Patents. (Each equals 10 CEHs.)
• Active participation as an officer or on a committee in professional or technical societies. Credits
cannot be claimed under this provision until the end of each year of completed service. (One
hour of participation equals one CEH, with a four CEH maximum per renewal period.)
Activities that do NOT qualify are in 61G15-22.005 and are:

• Self-generated courses, meaning those courses generated and presented to the licensee himself
or herself.
• Personal self-improvement courses.
• Equipment demonstrations or trade-show displays.
• Enrollment without attendance.
• Repetitive participation in the same course.
• Tours of buildings, structures, etc., unless there is a clear objective to build and maintain
competency in a technical field.
• Regular employment.
• Personal, estate, or financial planning courses.
• Courses that are below the level of knowledge and skill that reflects the responsibility of an
engineer in charge.
As mentioned earlier, engineers who are selected for a post-renewal audit are required to provide
continuing education certificates that indicate the following:

• The title and a description of the activity (college course, seminar, teaching a class, receiving a
patent, etc.),
• The date, location, and, if provided by an organization, the name of the organization,
• The area of practice to which the activity applies, and
• The number of CEHs claimed for the activity.
In Florida, credits are not allowed to be carried over to the next biennium. All 18 hours must be
completed in the biennium preceding renewal.
Providers are required to provide each participant with an individual certificate of attendance. An
attendance record shall be maintained by the provider for four years, and shall be available for
inspection by the Board and the Florida Engineers Management Corporation.
Be aware that it is unreasonable to expect to renew your license online or by mail on Feb. 28 and
receive a license for the new biennium on March 1. If you plan to sign and seal plans in early March, you
must submit your application for renewal as early as possible. In the case of a continuing education
audit, the licensee must maintain sufficient records to demonstrate compliance for at least two
licensure periods, or four years.
There are very limited exemptions from continuing-education requirements. The exemptions are:
• New licensees who were licensed by examination are exempt for their first renewal period.
• Licensees who are in retired status.
• Licensees in inactive status.
FBPE has set forth substantial requirements for approved providers of continuing education in 61G15-
22.011, 22.012, 22.013, and 22.014. F.A.C. They will not be covered in this document other than to say
that engineers should take great care in selecting providers that have been approved by FBPE. Courses
taken from providers who are not approved will not count for continuing-education credit.
Temporary certificates to practice

The FBPE may issue a temporary license to an individual PE with the following restrictions:
• For one specified project in the state,
• For a period of time not to exceed one year, and
• To an engineer holding a license in another state who is qualified for licensure by endorsement
in a state where Florida-license holders are similarly permitted to work.
The FBPE may also issue a temporary Certificate of Authorization to an engineering firm with similar
restrictions:
• For one specified project in the state,
• For a period of time not to exceed one year, and
• To an out-of-state corporation, partnership, or firm provided one of the principals has obtained
a temporary license.

Certificates of Authorization
Certificates of Authorization, once called an Engineering Business (EB) license, are required of any
business entity offering engineering services EXCEPT when the engineering service is offered under the
engineer’s own given name. As this is commonly misunderstood, a few examples are in order.
For example, consider these engineering firms:
• John Brown Engineering (legal entity)
• John Brown, P.E., Inc. (corporation)
• J&B Engineering (fictitious name)
• John and Sammy Brown Engineering (partnership)
All of the above names require a Certificate of Authorization.

However, if the services are offered or performed solely by John Brown, P.E., a Professional Engineer
practicing in his given name as it is on his license, a Certificate of Authorization is not needed.
If practicing under a Certificate of Authorization, one or more of the principals of the business or
partnership and all those in the firm who act on behalf of the firm as engineers are required to be
licensed. Also, all plans, specifications, and other engineering documents filed for record or used by the
business organization shall be signed, dated, and sealed by the individual who prepared them.
One subsection on Certificates of Authorization, Section 471.023(3), F.S., is very specific that the section
does not relieve the engineer from personal liability for negligence, misconduct, or wrongful acts that he
or she may have committed, and goes into the legalities regarding liabilities for partnerships, business
organizations, and shareholders.
Perhaps the most violated section of the entire Engineering Practice Act is Section 471.023(4), F.S.,
which requires holders of Certificates of Authorizations to notify FBPE within one month of any change
in the information on the application upon which the certification was based. Updating the Certificate of
Authorization information is routinely overlooked (as is, by the way, updating the address of record of
Professional Engineers). As a result, the biennial mailing of renewal applications goes to an incorrect
address, and Certificates of Authorization, as with P.E. licenses, are not renewed on a timely basis, and
subsequently become delinquent. The Florida Engineers Management Corporation is required to mail
license and certificate renewal information at least 90 days prior to expiration of the license. So, with an
expiration date of Feb. 28, you can expect to receive a renewal reminder for a P.E. license and a
Certificate of Authorization no later than Nov. 28.
Professional Engineer, Retired

The status of Professional Engineer, Retired, or Retired Professional Engineer was placed in the statutes
at the request of engineers who had been lifelong Professional Engineers, and were no longer practicing
but wanted to retain the distinction of the profession. A person must apply for this status, and agree to
refrain from the practice of engineering and the use of his or her seal. If “P.E. Retired” decides he or she
wants to reactivate the license, he or she must make application for licensure and meet the licensure
criteria in effect at the time of application.

Inactive license
Section 455.271, F.S., allows each professional board to permit each licensee at the time of renewal to
choose either an active or inactive license. The application fee to convert a license to inactive status is
$98.75, and biennial renewal for an inactive license is $98.75. If an applicant wants to reactivate the
license, the reactivation fee is $98.75. If the license has been inactive for more than one year, the
applicant must demonstrate completion of 18 hours of continuing education for the previous biennium.
Delinquent license/null and void license

Delinquency of a license is also set out in Section 455.271, F.S. (the act that gives the Department of
Business and Professional Regulation regulatory authority), and requires an applicant to affirmatively
reapply with a complete application during the cycle an application becomes delinquent. In other words,
if a licensee fails to renew his license on a timely basis, he or she must submit the renewal application
and the renewal fee of $98.75 plus a delinquent fee of $25 within the next biennium. Of course, it is a
strict violation to practice engineering with a delinquent license. Failing to renew the license during the
delinquency biennium will cause the license to go null and void on the first day of the second biennium.
In essence, the license will no longer exist and an application for a new license, under the current
licensure requirements, must be initiated.
Certification for Special Inspectors of Threshold Buildings

Florida has an additional requirement for engineers who want to offer threshold building inspections.
Section 471.015(7), F.S., directs FBPE to establish qualifications for certification of Professional Engineers
as Special Inspectors of Threshold Buildings as defined in Sections 553.71 and 553.79, F.S. The concept
of having specific qualifications for threshold buildings (buildings of a certain height, size, or occupancy)
was first put into law following the collapse of a condominium during construction, resulting in loss of
lives. There was concern that local governments would each create qualification procedures, and that
there would be great differences between the various jurisdictions. So Section 471.015(7), F.S., says
Special Inspectors are not subject to any standards for certification other than those established by
FBPE.
This section of law is also unique in that it requires FBPE to develop qualifications not only for the
Special Inspector of Threshold Buildings, but minimum qualifications for the representative of the
Special Inspector. Traditionally, the engineer is held accountable for the work of sub-professionals in his
employ, and that is still the case for engineers who provide threshold building inspection. However,
because of the nature of threshold building inspection work and the impracticality of the P.E./Threshold
Special Inspector being on the job site continuously, the Legislature charged FBPE with developing
minimum qualifications for the Authorized Representative of the Threshold Special Inspector. Those
qualifications are set forth in Rule 61G15-35, F.A.C., Responsibility Rules of Professional Engineers
Providing Threshold Building Inspections, and require at least one of the following:
• Licensure as an engineer or an architect; or
• Graduation from a civil, structural, or architectural engineering program; or
• Graduation from an architectural program; or
• Possession of advanced certification as required in: concrete inspection, structural masonry,
post tensioning, structural steel, and basic soils, each from nationally recognized entities ; or
• Licensure as a building inspector or general contractor; or

• Four years of threshold building inspection training on non-threshold buildings performed under
the supervision of a Special Inspector who was in responsible charge of the trainee’s work.
Engineers wanting to offer threshold building inspection services must submit an application indicating
the following qualifications before being permitted to offer these services:
• Proof of licensure in good standing;
• For engineers whose principal practice is structural engineering: three years of experience in
performing structural field inspections on threshold buildings, and two years of experience in
the structural design of threshold buildings after having achieved licensure within the preceding
seven years;
• For engineers whose principal practice is structural field inspection: five years of experience
performing structural field inspections on threshold building within the preceding seven years,
along with certification in each of the following: advanced concrete inspection, advanced
structural masonry inspection, advanced post tensioning, basic structural steel, and basic soils.
The licensure application for Special Inspector of Threshold Buildings is available on the FBPE website at
fbpe.org/special-inspector/.
FBPESG-1804

Chapter 3: The practice of engineering
This chapter deals with the “how” of the engineering practice as it relates to the requirements of the
practice. Subsequent parts of this document will speak to the “what” (as in “what” can happen if the
requirements are not met) an engineer can do in the practice of the engineering profession and what he
or she should avoid. This chapter will also address the signing, dating, and sealing of plans,
specifications, and other engineering documents. This act of authentication is somewhat unique to the
design professions and has been done in much the same way, with one notable exception, for several
generations of engineers.
Responsible charge
The definition of “responsible charge” is found in Rule 61G15-18.011, F.A.C., and says responsible charge
relates to engineering decisions within the purview of the Engineering Practice Act (meaning Chapter
471, F.S.). Responsible charge does not refer to management control in a hierarchy of Professional
Engineers, except as each individual in the hierarchy exercises independent engineering judgment and is
therefore in responsible charge. The definition also says responsible charge does not refer to
administrative or personnel management functions, nor does it refer to financial liability. It means the
engineer who was in responsible charge of the work as defined as engineering is the only person
permitted to sign, date, and seal engineering documents.
The definition of Responsible Charge in Rule 61G15-18.011, F.A.C., is a must-read, as it dictates the
practice of engineering.
To paraphrase, the rule defines responsible charge as the degree of control an engineer is required to
maintain over engineering decisions made personally or by others over whom the engineer exercises
supervisory direction and control authority. The engineer in responsible charge is the Engineer of Record
(as defined in Rule 61G15-30.002(1), F.A.C.).
• The degree of control shall be such that the Engineer of Record:
o Personally makes engineering decisions or reviews proposed decisions when decisions
of public health, safety, and welfare are at issue.
o Be physically present or available in a reasonable time via electronic communications
devices.
o Judges the validity and applicability of recommendations prior to their incorporation
into the work.
• The Engineer of Record makes decisions pertaining to permanent or temporary work that could
create a danger to the health and safety of the public, such as:
o Selection of engineering alternatives and comparison of alternatives.
o Selection of design standards and materials to be used.
o Selection or development of methods of testing.
o Development and control of operating and maintenance procedures.
• To determine if an engineer is the Engineer of Record and in responsible charge, the following
are considered:
o Questions concerning engineering decisions should be answered in sufficient level of
detail so there is no doubt as to the engineer’s proficiency and involvement in the work.

 The answers must demonstrate that the Engineer of Record made key decisions,
and that he or she had the ability to make them.
 Questions to be answered by the engineer could relate to criteria for design,
applicable codes and standards, methods of analysis, selection of material and
systems, economics of alternative solutions, and environmental considerations.
 The engineer should be able to clearly define his or her span and degree of
control, how it was exercised, and demonstrate that he or she was answerable
for the engineering work done.
o The engineer must be in charge of and satisfied with the engineering aspects of the
project.
o The engineer must have the ability to review design work at any time during the
development of the project, and must be available to exercise judgment in reviewing
the documents.
o The engineer must have personal knowledge of the technical personnel doing the work
and be satisfied that they are capable of performing the work.
o The engineer approves the inclusion of standard engineering design details, and
conducts reasonable analysis of the content of the standard detail.
All about seals

Section 471.025, F.S., allows FBPE to prescribe the forms of seal to be used by engineers, and requires
those licensed to obtain at least one form of the prescribed seal. For many years the only seal used by
Florida engineers was the embossing seal, the requirements of which are set forth in Rule 61G15-23,
F.A.C. In 2009, FBPE expanded the rule to allow the use of stamps, but in both cases the signature and
date must be by the hand of the engineer and not a facsimile.
Then in 2015, recognizing that electronically transmitted engineering documents require different
methods of signing and sealing, FBPE expanded the rule to allow electronic seals. Electronic seals
however are NOT as simple as scanning the signature, date, and seal into a computer to be copied and
pasted into a title block.
One type of electronic seal permitted is a digital signature and seal. A Professional Engineer using a
digital signature and seal shall have their identity authenticated by a certification authority who shall
assure that the digital signature is:
a) Unique to the person using it;
b) Capable of verification;
c) Under the sole control of the person using it; and,
d) Linked to a document in such a manner that the digital signature and, correspondingly, the
document are invalidated if any data in the document is changed.
The second type of electronic seal permitted is an electronic signature and seal. A Professional Engineer
using this type of digital signature and seal is required to:
a) Secure the document to be signed and sealed, and record its SHA-1 authentication code;
b) Create a signature file (when appropriate);
c) Create a signature report listing the documents or files being secured, along with their
respective SHA-1 authentication codes; and,

d) Print and manually sign, date, and seal the signature report.
The seal or stamp must be a minimum of 1-7/8 inches in diameter. The majority of seal providers sell a
2-inch seal, which, of course, is acceptable. The seal must use the term “license,” rather than the older
term “certificate.”
When to seal
61G15-23.001, F.A.C., is very specific on when to seal.
It says:
• A Professional Engineer shall:
o sign by his name, and
o affix his seal to:
 all plans or final drawings,
 specifications,
 reports,
 final bid documents, or
 other documents prepared or issued by said licensee and being filed for public
record and/or provided to the owner’s representative.
In addition to signing, dating, and sealing

Rule 61G15-23.001, F.A.C., goes on to say that engineers should, in addition to signing, dating, and
sealing each sheet of the plans, legibly indicate their name, address, and P.E. number on each sheet. If
practicing other than as an individual under the Professional Engineers license, the name and address of
the business, as well as the number of the Certificate of Authorization, should also be on each sheet.
Fortunately, most of the information can be machine printed in the title block on each sheet.
Engineers working for local, state, or federal governmental agencies, since they do not have a business
license, should legibly indicate their name and license number, as well as the name and address of their
agency, on each plan sheet.
Specifications and engineer reports

Because of the voluminous nature of some specifications, Rule 61G15-23.001, F.A.C., permits the
signing, dating, and sealing of just the cover or index sheet for each section of specifications by the
Professional Engineer in responsible charge of that section.
Engineering reports are treated similarly, and require only that the signature, date, and seal of the
engineer in responsible charge to be placed on the signature page or cover of the report. In addition to
being in responsible charge of the preparation and production, the engineer signing, dating, and sealing
specifications, reports, or other engineering documents must have engineering expertise in the
engineering discipline used in the production of the documents.
While there will be more on the subject of disciplining errant engineers in a later section, it does not
hurt to mention that there is a specific reference to signing, dating, and sealing engineering documents
in Section 471.033, F.S., Disciplinary Proceedings. Paragraph (1)(j) of that section says, “Affixing or
permitting to be affixed his or her seal, name, 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” constitutes grounds for disciplinary action.
Certification
Engineers are routinely asked to provide a “certification.” Rule 61G15-18.011(4), F.A.C., defines a
certification as a statement that is signed and sealed by an engineer representing that the engineering
work addressed in the certification was performed by the Professional Engineer, is based on his or her
knowledge, information, and belief, and is in accordance with commonly accepted procedures
consistent with applicable standards of practice. A certification is not, by definition, a guarantee or
warranty.
Rule 61G15-29, F.A.C., also speaks to certifications and suggests that when an engineer is presented
with a certification, it should be carefully evaluated to determine if any of the following circumstances
apply. If they do, the engineer should modify the certification to limit the scope of services actually
provided, or decline to sign and seal it. Those red flags for problematic certifications relate to matters:
• Beyond the engineer’s technical competence,
• Beyond the scope of services provided, or
• Not prepared under the engineer’s supervision, direction, or control.
Successor engineer adopting the work of another engineer

Few procedures cause more consternation to engineers than how to reuse the work of another
engineer. There are three important points to remember when seeking to reuse already sealed
documents of another engineer. They are: documentation, documentation, and documentation. Rules
61G15-27.001, F.A.C., sets the criteria for that required documentation. The successor engineer must be
able to:
• Produce evidence that the engineer has recreated the work of the original engineer including
o Calculations,
o Site visits, and
o Research.
• Plans do not need to be redrawn. However,
o The successor engineer must be able to document his or her effort of re-thinking and re-
working the entire design process, and
o The engineer must remove the original engineer’s title block from the plans, insert his or
her own title block, and sign, date, and seal the document.
• In doing these things, the successor engineer takes complete and total responsibility for the
documents and is fully liable for the work.
This same rule sets forth the final step in adopting the work, and requires, before the work is signed,
dated, and sealed, the successor to notify the original engineer, his successors, or assigns by certified
letter of his intentions to reuse the original work and to take full responsibility as though it was the
successors’ original work.
Responsibility Rules
In 1993, FBPE began adopting a series of rules called Responsibility Rules to promote

• Proper conduct in the practice of engineering;
• Due care; and
• Regard for acceptable engineering principles and standards.
It was an interesting concept at the time as the purpose of the rule, as stated in 61G15-30.001, F.A.C.,
indicated that the engineer may avoid disciplinary actions if he or she adhered to the various
Responsibility Rules. Otherwise, the engineer may be in non-compliance with rule 61G15-19.001(4),
F.A.C., which requires an engineer to “not be negligent” in his or her practice. There are several “outs”
to the Responsibility Rules also stated in the Purpose paragraph. The Responsibility Rules do not have to
be followed if:
• Deviation from the rule is justified under specific circumstances of the project, and is the sound,
professional judgment of the engineer; or
• When contractual relationships exist, as long as the contractual relationships do not violate
Chapter 471, F.S., or the intent of the Responsibility Rules of FBPE.
The Responsibility Rules have been very helpful in promoting proper conduct in the practice of
engineering, including the Definitions Common to All Engineer’s Responsibility Rules (61G15-30.002.
F.S.). Prior to adoption of the definitions of such key terms as engineer of record, prime professional,
delegated engineer, and public record, the understanding of these terms varied by the contract
documents in use, and there was little commonality. The adoption of the rule defining key engineering
terms put everyone on the same proverbial page and allowed for better understanding of engineering
responsibilities, hence promoting proper conduct in the practice of engineering, and due care and
regard for acceptable engineering standards. Terms defined in rule 61G15-30.002, F.A.C., include:
• Engineer of Record
A Florida P.E. who is in responsible charge for preparation, signing, dating, sealing, and issuing
engineering documents for any engineering service or creative work.
• Prime professional
A Florida P.E., or qualified engineering corporation or partnership, who is engaged by a client to
provide planning, design, coordination, arrangement, and permitting for the project, and for
construction observation in connection with the engineering project, service, or creative work.
The prime professional may also be the Engineer of Record on the same project.
• Delegated engineer
A Florida P.E. who undertakes a specialty service and provides services or creative work
regarding a portion of an engineering project. A delegated engineer usually falls into one of the
following categories:
o An independent consultant;
o An employee or officer of an entity supplying components to a fabricator or contractor,
as long as the engineer acts as an independent consultant or through a qualified
corporation or partnership; or
o An employee or officer of a fabricator or contractor, as long as the engineer acts as an
independent consultant or through a duly qualified corporation or partnership.

• Engineering document
Engineering documents are designs, plans, specifications, drawings, prints, reports, or similar
instruments of service in connection with engineering services or creative work that have been
prepared and issued by a P.E. or under his or her responsible supervision, direction, and control.
• Delegated engineering document
Delegated engineering documents are those engineering documents that are prepared by a
delegated engineer.
• Public record
An engineering document is said to be “filed for public record” when it is presented with the
Engineer of Record’s knowledge and consent to any federal, state, county, district, authority,
municipal, or other government agency in connection with the transaction of official business
with the agency.
• Engineering documents filed for public record
These are documents filed for public record with the Authority Having Jurisdiction to determine
compliance with codes and standards, and to be used in the execution of the project.
• Shop drawings
These are defined as drawings depicting installation means and methods, catalog information
on standard products, prepared by a contractor, manufacturers, or Professional Engineers for
incorporation into the project, which are prepared based on an engineering direction contained
in the engineering documents.
• Record documents
These are the documents that are a compiled representation of the constructed project. If the
engineer is relying on information provided by others not under his supervision and control, the
engineer is not required to sign, date, and seal these documents. If the engineer is relying on
information by others, the following should be included in the documents:
o A statement that the documents are a compiled representation of the constructed
project;
o A list of sources and the basis of information used in preparation of the documents; and
o A statement that the documents are believed to be correct.
• Minimum requirements for engineering documents

o When prepared for inclusion with an application for a building permit, engineering
documents shall meet all Responsibility Rules and be of sufficient clarity to indicate the
location, nature, and extent of the work proposed, and show in detail that it will
conform with provisions of the Florida Building Code and relevant laws, and shall
include:
 Information that provides material specifications required for the safe operation
of the system that is a result of engineering calculations, knowledge, and
experience;
 List the federal, state, municipal, and county standards, codes, and rules with
their effective dates with which the engineering documents are intended to
conform;

 Information as determined by the Engineer of Record needed for the safe and
efficient operation of the system;
 List of engineering-design criteria, reference project specific studies, reports,
and delegated engineering documents; and
 Identify elements of the design that vary from governing standards, and identify
the alternative method used to ensure compliance with the Responsibility Rules.
o Engineers are required to legibly state their name and business address on engineering
documents; and documents issued for preliminary or conceptual use need to have
“preliminary” or “conceptual,” and “not for construction” clearly stated on the
document.
o When an engineer does not intend to accept responsibility for certain elements on the
document, the engineer must note either the exception of his responsibility or, in the
alternative, the extent of his responsibility on the document.
o Drawings shall be legible and clearly define delineated work. Drawings must also comply
with Rule 61G15-23, F.A.C., relating to seals.
o Preliminary documents must indicate the documents are not in final form but are being
transmitted to the agency for review and comments. Preliminary documents may
subsequently be revised to reflect resolution of issues. These changes or revisions may
prompt additional document submittal for agency approval on the same project.
• Delegation of engineering documents: Obligations of the Engineer of Record
An Engineer of Record (a P.E. in responsible charge for preparation, signing, dating, and sealing
engineering documents) who delegates a portion of his work to a delegated engineer (a P.E.
who undertakes a specialty service and is the Engineer of Record for that particular service) is
obligated to communicate in writing the engineering requirements to the delegated engineer.
The Engineer of Record is then required to review the work of the delegated engineer for
compliance and confirm that:
o The delegated work was prepared by an engineer;
o The delegated work conforms with the intent of the Engineer of Record and meets the
written criteria; and
o The effect of the delegated engineer’s work on the overall project conforms with the
intent of the Engineer of Record.
• Delegation of engineering documents: Obligations of the delegated Engineer of Record

The delegated engineer’s responsibility is to review the Engineer of Record’s written
requirements to determine the scope of engineering, and, of course, comply with the written
requirements received. The delegated engineer’s documents must include the project
identification and preparation criteria. If there are details or features that conflict with the
written requirements provided by the Engineer of Record, the delegated engineer must contact
the Engineer of Record to resolves the conflict. Of course, the delegated engineer must send the
delegated engineering documents to the Engineer of Record for review, and all final documents
must be signed, dated, and sealed by the delegated engineer and include:
o Drawings introducing engineering input; and

o Calculations. (Computer printouts may be substituted for calculations provided they are
accompanied by sufficient assumptions and input/output information to permit
evaluation.)
• Prime professional responsibility

This one is simple. If there is a prime professional, it is the responsibility of the prime
Professional Engineer to retain and coordinate the services of such other professionals as
needed to complete the project. A prime professional can also be the Engineer of Record for the
project or portion of the project.
• Use of computer software and hardware
This one is simple, also. The engineer is responsible for the results generated by any computer
software or hardware that he or she uses in providing engineering services.
• Retention of engineering documents
At least one copy of all signed, dated, and sealed documents displaying the licensee’s signature,
date, and seal (which is legible to the reader), along with all related calculations, shall be
retained by the licensee or the licensee’s employer in a readily accessible format for a minimum
of three years from the date they were sealed.
• Energy conservation compliance
The engineer who prepares compliance calculations and certifies accuracy must verify that the
building construction documents conform to the compliance calculations. The data used in the
calculations are required to be signed, dated, and sealed.
Specific Responsibility Rules

Following the Responsibility Rules Common to All Engineers, there are a series of rules specific to certain
applications of engineering. In other words, in addition to rules promulgated to promote proper conduct
in the practice of engineering, and due care and regard for acceptable engineering principles and
standards, FBPE adopted Responsibility Rules particular to certain areas of practice. These specific
Responsibility Rules are… specific, in that they contain extremely detailed information unique to these
particular areas of practice. It is strongly recommended that new licensees review the Responsibility
Rules pertinent to their area of practice against their office practices in order to avoid disciplinary action,
as failure to comply with the rules may be considered negligence.
• Design of structures
Within Rule 61G15-31, F.A.C., Responsibility Rules of Professional Engineers Concerning the
Design of Structures, there are specific standards. Currently, the following standards are in
place:
o Design of Structures Utilizing Prefabricated Wood Trusses;
o Design of Cast-In-Place Post-tension Concrete Structural Systems;
o Design of Structures Utilizing Pre-cast and Pre-stressed Concrete;
o Design of Structural Systems Utilizing Open Web Steel Joist and Joist Girders;
o Design of Metal Building Systems;
o Design of Foundations; and
o Design of Structural Steel Systems.

• Design of fire protection systems
Similar to the structures rule, the rule for fire protection systems, 61G15-32, F.A.C., provides a
general statement pertaining to the responsibility of engineers involved in this type design, as
well as a number of definitions pertinent only to the following kinds of fire protection systems:
o Design of Water Based Fire Protection Systems;
o Design of Gas Agent Fire Suppression Systems;
o Design of Foam and Foam Water Fire Suppression Systems;
o Design of Dry Chemicals and Miscellaneous Fire Suppression or Control Systems;
o Design of Fire Alarms and Detection Systems; and
o Design of Fine Water Spray (Mist) Fire Suppression and Control Systems.
• Design of electrical systems
Rule 61G15-33, F.A.C., applies to a particular set of standards to electrical systems, following a
statement of general responsibility for the electrical engineer, as well as several definitions.
Current responsibilities for the following are set for:
o Design of Power Systems;
o Design of Lighting Systems;
o Design of Communications Systems;
o Design of Alarm, Control, and Signaling Systems;
o Design of Lightning Protection Systems; and
o Design of Grounding Systems.
• Design of mechanical systems
As in the other disciplines, the Responsibility Rules for Mechanical Systems (61G15-34, F.A.C.) is
a statement of general responsibility, a definition, and enumeration of specific responsibilities.
The specific requirements are spelled out in:
o Design of Heating, Ventilation and Air Conditioning Systems;
o Design of Process and Fluid Flow Systems;
o Design of Heat and Energy Transfer Systems;
o Design of Material and Human Transfer Systems;
o Design of Plumbing Systems;
o Design of Mechanical Machines and Motions Systems; and
o Design of Instrumentation and Control Systems.
• Engineers providing threshold building inspections
Rules for Threshold Building Inspections (61G15-35, F.A.C.) were put into the Responsibility Rules
in 2001 pursuant to Section 553.79, F.S., for those engineers wanting to provide threshold
building inspections. It provides definitions and qualifications for threshold building inspectors,
as well as common requirements. The Common Requirements for Engineers Providing Threshold
Building Inspections Services as Special Inspectors require:
o Certification that the Special Inspector is competent to provide engineering services for
the specific type of structure;
o Assurance that any Authorized Representative meets the qualifications set out within
the rules to perform the duties assigned by the Special Inspector;
o The Special Inspector to be in Responsible Charge of the work of the Authorized
Representative; and
o Special Inspectors to institute certain quality assurance procedures.

• Product evaluation
Rules for Providing Product Evaluation (61G15-36, F.A.C.) define procedures, materials, devices,
methods of construction, and installation of a product or group of products, and provides related
definitions and common requirements to all product evaluation documents.
FBPESG-1804

Chapter 4: Acts for which engineers may be disciplined
Penalties FBPE may impose
The crux of the Engineering Practice Act dealing with discipline is found in Section 471.033, F.S., and it
states its thrust in a very appropriate way. It clearly lists the acts for which an engineer can be
disciplined, and, in the same section, points to what punishment FBPE can impose. For emphasis, we will
list the penalties that await an engineer found guilty of violating any number of acts meriting disciplinary
action. Disciplinary action may include:
• Revocation of license;
• Suspension of license;
• Fining an engineer up to $5,000 for each count or offense;
• Placing an engineer on probation for any period of time, plus subjecting the engineer to such
conditions of practice FBPE may specify;
• Restricting the scope of practice of an engineer;
• Requiring restitution;
• Reprimanding an engineer; and/or
• Denying an application for licensure.
In addition, FBPE is required to publish the names and the offenses of the disciplined engineers.
Acts to avoid
Section 471.033(1), F.S., lists the acts that constitute grounds for disciplinary action, while subsection (2)
states that FBPE will specify by rule what acts or omissions constitute a violation of the acts in that list.
The acts are a violation of:
• Section 471.025, F.S., dealing with signing, dating, and sealing of engineering documents;
• Section 471.031, F.S., which states that a person (not necessarily an engineer, but anyone) may
not, without committing a misdemeanor of the first degree:
o Practice engineering unless licensed or exempt from licensure;
o Use the title Professional Engineer or other title tending to indicate licensure (certain
persons who are exempt from licensure may use the title “engineer” as long as it does
nor connote licensure);
o Present as his or her own the license of another;
o Give false or forged evidence to FBPE;
o Use a license that that has been suspended, revoked, or is inactive or delinquent;
o Employ a nonexempt unlicensed person to practice engineering;
o Conceal information relative to this chapter.
• Or any of the following:
o Attempt to get a license by bribery or fraudulent misrepresentation;
o Have a license acted against by another licensing authority for any act that would be a
violation of Chapter 471 or Chapter 455, F.S., Business and Professional Regulation:
General Provisions;
o Be convicted or found guilty of, or enter a plea of nolo contendere to, regardless of
adjudication, a crime in any jurisdiction which relates directly to the practice of
engineering;

o Make or file a report (meaning a report requiring the signature and seal of an engineer)
the licensee knows to be false, willfully fail to file a report required by law, willfully
impede such a filing, or induce another to impede the filing;
o Advertise goods or services in a fraudulent, false, or deceptive form;
o Engage in fraud, deceit, negligence, incompetence, or misconduct in the practice of
engineering;
o Violate Chapter 455, F.S.;
o Practice on a revoked, suspended, inactive, or delinquent license;
o Affix his or her seal, name, or electronic signature to final engineering documents not
prepared by him or her or under his or her responsible supervision, direction, or control;
o Violate any order of FBPE or the Department of Business and Professional Regulation
previously entered in a disciplinary hearing.
Grounds for disciplinary proceedings

Some of the acts listed above are a clear violation of the Engineering Practice Act on their face.
However, several of the acts are clarified in Rule 61G15-19.001, F.A.C., Grounds for Disciplinary
Proceedings. Those acts further explained are:
• Advertising
“The engineer shall not advertise in a false, deceptive, or misleading manner,” meaning
statements or claims that:
o Contain a material misstatement of fact;
o Omit to state any material fact necessary to not make the statement misleading;
o Are likely to create an unjustified expectation;
o Imply the engineer is a specialist outside of his area of expertise;
o Contain a representation or implication that is likely to cause an ordinary person to
misunderstand or be deceived, or fails to contain reasonable warnings or disclaimers to
make the representation not deceptive;
o Falsify or misrepresent the extent of education, training, or experience to imply
qualification for selection of employment or engagement, including misrepresentation
or exaggeration of prior assignments;
o Misrepresents pertinent facts concerning the engineer’s employer, employees,
associates, or past accomplishments for the purpose of enhancing his qualifications and
his work.
• Corporate or Fictitious Names
When practicing under an assumed, fictitious, or corporate name, the name cannot be
misleading as to identity or the responsibility of those practicing under it, or it is otherwise
fraudulent, misleading, and deceptive as described above. In addition:
o An engineer must have a Certificate of Authorization when practicing under any name
other than his own given name as it is on his license.
o A corporate name may include the names of deceased or retired members, or of a
predecessor firm, in a line of succession.
o An engineering firm may not offer services under a firm name that contains only the
name of a person who is not an engineer, unless the person is licensed as an architect,
land surveyor, landscape architect, or professional geologist.

• Negligence
Negligence means failure of the engineer to use due care in performing in an engineering
capacity, or failing to have due regard for acceptable standards of engineering principles. Failure
to follow the procedures of the Responsibility Rules is considered negligence, unless deviations
or departures from the rules are justified.
• Incompetence
Incompetence means the physical or mental incapacity or inability of an engineer to perform the
duties normally required of an engineer.
• Misconduct
Misconduct means a number of acts and is the most-cited violation by FBPE. Acts of misconduct
include:
o Expressing a public opinion on an engineering subject without being informed as to the
facts;
o Being untruthful, deceptive, or misleading in a professional report or statement, or
omitting relevant or pertinent information in a statement, the result of which omission
would or reasonably could lead to a fallacious conclusion on the part of the client or
employer;
o Performing work when not qualified by training or experience in the practice involved;
o Signing and sealing work in a subject matter over which the engineer lacks competence
because of inadequate training or experience;
o Offering a bribe, gift, or commission to get selection or preference for employment,
except for payment of the usual commission for securing salaried positions through
licensed employment agencies;
o Conflict of interest with an employer or client without knowledge and approval of the
client or employer, unless the conflict is unavoidable and the engineer does the
following:
 Discloses in writing to the client or employer the possible conflict,
 Assures in writing the conflict will not influence the judgment of the engineer or
the quality of services,
 Promptly informs his client in writing of any association or interest that may
influence his judgment or quality of service;
o Soliciting or accepting valuable considerations from material or equipment suppliers for
specifying their products without the written consent of the employer or client;
o Use of engineering expertise or engineering status in commission of a felony;
o Signing and sealing engineering documents that were not done by the engineer or not
done under his supervision and control;
o Allowing the use of his name or firm name in a business he has reason to believe is
engaging in business practices of a fraudulent nature;
o Failure to inform his employer or responsible parties when his engineering judgment is
overruled by an unqualified authority and there is a possible threat of danger to the
health and safety of the public;

o Failure to notify FBPE when the engineer has knowledge or reason to believe any person
or firm has violated the Engineering Practice Act (Chapter 471, F.S.) or the rules of the
board (Chapter 61G15, F.A.C.);
o Violation of any Florida law directly regulating the engineer practice;
o Failure to obey the terms of a Final Order by FBPE imposing disciplinary action;
o Making statements, criticism, or argument of an engineering matter that is paid for by
an interested party, unless the engineer identifies the interested party on whose behalf
he is speaking and the interest he or the party has in the matter;
o Signing and sealing all documents for an entire engineering project unless each design
segment is signed and sealed by the engineer in responsible charge of preparing the
design segment;
o Revealing facts, data, or information gained in a professional capacity without prior
consent of the client or employer.
• Professional Engineer as a building code official
Section 471.045, F.S., allows a licensed engineer to provide building code inspection services
upon the request of a local government or state agency without being certified by the Florida
Building Code Administrators and Inspectors Board. An engineer cannot provide plans review as
an employee of a local government upon any job that the engineer or his or her company
designed. In the capacity as a building code inspector or plans examiner, the engineer is subject
to discipline for:
o Violating or failing to comply with any provision of Chapter 471 or rules of FBPE;
o Having been convicted of a crime that directly relates to building code inspection or
plans examination;
o Filing a false report or record;
o Inducing another to file a false report or record;
o Failing to file a required report or record;
o Impeding or obstructing such a report or record;
o Inducing another to impede or obstruct filing a report or record.
Penalties that may be imposed

Rule 61G15-19.004, F.A.C., sets forth a range of penalties that FBPE may impose on engineers guilty of
violating Chapter 471, F.S. The purpose of the guidelines is to give engineers notice of the range of
penalties that can be imposed. The guidelines are based on a single count of violation, and multiple
counts or other violations in the same complaint will be grounds to enhance the penalties. The
guidelines are lengthy, so only representative examples of the most frequent violations will be provided.
They are:
• Failure to date plans
Minimum: Reprimand
Maximum: Reprimand, and one year’s probation
• “Plan Stamping” (signing and sealing work not prepared by the engineer)
Minimum: Reprimand, one year’s probation, and $1,000 fine
Maximum: Reprimand, one year’s suspension, two years’ probation, and $5,000 fine

• Violation of a Final Order
Minimum: Suspension, and $1,000 fine
Maximum: Revocation, and $5,000 fine
• License disciplined by another jurisdiction
The same penalty as imposed in the other jurisdiction or as close as possible to the penalties in
the Florida law
• Negligence
Minimum: Reprimand, two years’ probation, and $1,000 fine
Maximum: Reprimand, five years’ suspension, 10 years’ probation, and $5,000 fine
Aggravating or mitigating circumstances

FBPE is permitted to deviate from the guidelines upon a showing of clear and convincing evidence prior
to imposing penalty of any aggregating or mitigating circumstances.
• Aggravating circumstances that may allow a penalty greater than the maximum in the guidelines
include:
o History of previous violations;
o In cases of negligence, the magnitude of the project and the damage inflicted upon the
public;
o Violations of practice acts in other jurisdictions;
o Violations of the provision of the practice act where a letter of guidance had been
previously issued.
• Mitigating circumstances that may justify penalties less than those in the guidelines include:
o In cases of negligence, the minor nature of the project and lack of danger to the public;
o Lack of previous disciplinary history;
o Restitution of damages suffered by the licensee’s client;
o The licensee’s professional standing, including his continuing education history;
o Steps taken by the licensee or his firm to insure non-occurrence of similar violations in
the future.
The rules of FBPE also provide for a penalty process other than the standard administrative complaint
process for first-time, lesser infractions. These alternatives include:
• Notice of Noncompliance
A Notice of Noncompliance can be issued for an initial offense in the following violations:
o Failure to date documents when signing and sealing;
o Practice with a delinquent or inactive license for less than one month;
o Practice with a delinquent Certificate of Authorization for less than one month;
o Failing to report a criminal conviction or plea of nolo contendere, regardless of
adjudication, pursuant to Section 455.227(1)(t), F.S., if the conviction or plea occurred
prior to July 1, 2009. This subparagraph shall remain in effect until July 1, 2012.

• Citations
For second offenses of the type covered by a Notice of Noncompliance, and for the following,
FBPE may also issue citations and impose fines. The offenses covered by citations and their fines
are specified in Rule 61G16-19.0071, F.A.C., and are:
o For practicing with an inactive or delinquent license for more than one month, the fine
is $100 per month or fraction thereof;
o For failure to notify FBPE of a change in principal officer that is the qualifying officer for
the corporation or partnership within one month, the fine is $500.
Before the citation can be issued, the investigator must confirm the violation has been corrected or is in
the process of being corrected. If the engineer does not dispute the matter in the citation within 30
days, the citation becomes the Final Order of FBPE and a matter of public record.
FBPESG-1804

Chapter 5: The legal process
This last section is a brief overview of the legal process that involves the filing of a complaint, the
subsequent investigation, and the prosecutorial procedures that lead to a Final Order or judgment by
FBPE. While not an integral part of the licensing of an engineer and the practice of engineering, the legal
process outlined in this chapter is important to future licensees should a complaint be filed against
them. The legal process is not complicated, but strong advice should be offered to any engineer against
whom a complaint is filed: Hire an attorney.
The filing of a complaint places in jeopardy a career that requires four or more years of rigorous
academic preparation, four additional years of active experience, two very tough eight-hour
examinations, and untold sacrifices by the engineer and his or her family. Hiring a good lawyer is a good
first step. Hiring a lawyer who is qualified in the area of administrative law is even better, and hiring a
lawyer experienced in administrative law and with first-hand knowledge of FBPE and a working
relationship with the staff is the best course of action.
Section 455.225, F.S., sets forth the disciplinary proceedings that will be followed by FBPE and include:
• The filing of a complaint
o FBPE will investigate any complaint if the complaint is
 in writing,
 signed by the complainant, and
 legally sufficient.
o FBPE will investigate an anonymous complaint if
 it is legally sufficient,
 it is a substantial violation, and
 an initial review leads FBPE to believe the allegation is true.
o “Legally sufficient” means the complaint contains facts that, if true, violate any practice
act or rule of FBPE.
o When an investigation is initiated, FBPE must provide the subject of the complaint with
a copy of the complaint.
o The subject has 20 days to provide a written response to the complaint.
o FBPE’s Probable Cause Panel (similar to a grand jury) must consider the subject’s
response when reviewing the complaint.
• The investigative file
The investigative file contains the complaint, the subject’s response to the complaint, and the
findings of the investigation. Upon completion of the investigation and at the written request of
the subject and at his expense, the file will be sent to the subject. The subject has 20 days to file
a written response to the information in the file.
• The Probable Cause Panel
The Probable Cause Panel comprises three members of FBPE or two members of FBPE and a
former member of FBPE, and they are recused from sitting in judgment on cases they reviewed
while serving on the Probable Cause Panel. Upon receipt of the investigative file and the
recommendation of prosecuting attorney regarding the existence of probable cause, the
Probable Cause Panel determines probable cause.

• A finding of probable cause
o If no probable cause is found, the information becomes public and the case is dismissed.
o In lieu of probable cause, the Panel may issue a letter of guidance to the subject. Per
Section 471.038(7), F.S., and unlike other regulatory boards the file becomes public
information in 10 days whether or not probable cause is found.
o If probable cause is determined to exist, the information becomes public in 10 days and
the panel issues an administrative complaint.
• Options if probable cause is found
o If there is a dispute of facts, a formal hearing can be held before an Administrative Law
Judge. The Administrative Law Judge will issue a finding as to the facts and a
Recommended Order to FBPE. FBPE may or may not accept the recommendation of the
Administrative Law Judge before issuing the Final Order.
o If there is no disagreement as to the facts, an informal hearing may be requested before
FBPE to either argue interpretations of the law or offer mitigating circumstances. There
are substantial risks when “throwing yourself on the mercy of the court,” so to speak,
and this option should be considered very carefully. Please remember that the
arguments “everyone does this” and “I only did this because my client asked me to” are
not persuasive and will not be received well by FBPE.
o The subject can agree to a settlement stipulation. This is an often-used option since it
allows for calculated negotiation between experienced and professional counsel, and
removes problems associated with emotionally charged statements uttered on the
record in front of professional peers set to pass judgment.
o Doing nothing is the last and least-preferred option. This is the option of the default
judgment and penalties have been known to be significant in the absence of any reason
for violation of the law.
In summary
This chapter is intended only to provide a brief overview of the sequence of the complaint process and
the options of the engineer should he find himself the subject of a complaint. If nothing else is learned
from this chapter but “get a lawyer,” the space is well served.
FBPESG-1804

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FBPE Study Guide

Committed to protecting the interest of public health and safety

FBPE Study Guide | 1

Requirements for membership on FBPE

FBPE Study Guide | 2

Who is on the Board?

Where is the headquarters?

FBPE Study Guide | 3

Who provides services to FBPE?

Chapter 471 F.S., The Engineering Practice Act

Definitions important to engineers

FBPE Study Guide | 4

FBPE Study Guide | 5

FBPE Study Guide | 6

FBPE Study Guide | 7

The “incidental practice” exemption

FBPE Study Guide | 8

Who needs to be licensed?

FBPE Study Guide | 9

Foreign degree applicants

FBPE Study Guide | 10

FBPE Study Guide | 11

Four years’ experience

FBPE Study Guide | 12

Good moral character

Maintaining the license

FBPE Study Guide | 13

Activities that do NOT qualify are in 61G15-22.005 and are:

FBPE Study Guide | 14

Temporary certificates to practice

FBPE Study Guide | 15

All of the above names require a Certificate of Authorization.

Professional Engineer, Retired

FBPE Study Guide | 16

Delinquent license/null and void license

Certification for Special Inspectors of Threshold Buildings

FBPE Study Guide | 17

FBPE Study Guide | 18

FBPE Study Guide | 19

All about seals

FBPE Study Guide | 20

In addition to signing, dating, and sealing

Specifications and engineer reports

FBPE Study Guide | 21

Successor engineer adopting the work of another engineer

FBPE Study Guide | 22

FBPE Study Guide | 23

• Minimum requirements for engineering documents

FBPE Study Guide | 24

• Delegation of engineering documents: Obligations of the delegated Engineer of Record

FBPE Study Guide | 25

• Prime professional responsibility

Specific Responsibility Rules

FBPE Study Guide | 26

FBPE Study Guide | 27

FBPE Study Guide | 28

FBPE Study Guide | 29

Grounds for disciplinary proceedings

FBPE Study Guide | 30

FBPE Study Guide | 31

Penalties that may be imposed

FBPE Study Guide | 32

Aggravating or mitigating circumstances

FBPE Study Guide | 33