PETER RIZOV, APPELLANT,
v.
STATE OF FLORIDA, BOARD OF PROFESSIONAL ENGINEERS, ET AL., APPELLEES
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Peter Rizov appealed the Board of Professional Engineers' denial of his application to take the principles and practices examination. The Board required four years of post-graduate engineering experience, and Rizov sought credit for experience obtained while still in school. The court affirmed the Board's decision, finding the requirement consistent with statutory intent and supported by the agency's expertise.
The Board's denial of Rizov's application was proper and affirmed. The requirement of four years of post-graduate engineering experience is consistent with the statute, and the Board did not err in declining to credit experience obtained prior to degree completion as satisfying the statutory requirement.
[1] A person must have an engineering degree and four years of active engineering experience of a character indicating competence to be in responsible charge of engineering t…
[2] Engineering experience obtained prior to the completion of an engineering degree is generally considered subprofessional in nature.
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Join FLexlaw to unlock all legal intelligence“A reviewing court defers to an agency's interpretation of a statute which it is charged with enforcing 'as long as that interpretation is consistent with legislative intent and is supported by substantial, competent evidence.'”
Establishes the standard of review for agency interpretations of statutes
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Join FLexlaw to unlock all legal intelligenceRizov applied in April 2006 to take the principles and practices examination with an anticipated May 2006 degree completion. He submitted employment v…
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GERSTEN, C.J.
Peter Rizov (“Rizov”) appeals a final order from the State of Florida, Board of Professional Engineers (“Board”), which denied his application to take the principles and practices examination. Finding no statutory ground for setting aside the Boards decision, we affirm.
In April 2006, Rizov applied to the Board to take the principles and practices examination, with an anticipated completion of his electrical engineering degree in May 2006. Rizov also submitted employment/experience verification forms reflecting his employment with two engineering firms from April 1996 through the date of his application.
In order to practice engineering in Florida, a person is required to pass two examinations: (1) the fundamentals examination and (2) the principles and practice examination. § 471.015(1), Fla. Stat. (2005). Passing the fundamentals examination qualifies a person to practice in the state as an engineer intern, if he or she is in the final year, or a graduate, of an approved college or university engineering degree program. § 471.013(l)(b), Fla. Stat. (2005).
In order to sit for the principles and practice examination, a person must have an engineering degree, and four years of “active engineering experience of a character indicating competence to be in responsible charge of engineering.” § 471.013(l)(a)l., Fla. Stat. (2005). The Board has adopted certain guidelines for evaluating acceptable experience, including rule 61G15-20.002(l)(b)l, which states: “The acquisition of acceptable engineering experience should logically follow and constitute an application of the engineering education previously obtained.”
Because Rizov did not have four years of post-graduate experience, the Board denied his application to take the principles and practices examination. Although he does not dispute his lack of four years of post-graduate experience, Rizov contends that the Board should accept the experience he obtained while working and attending school. The Board rejected Ri-zov’s argument and entered a final order denying his application to take the examination.
A reviewing court defers to an agency’s interpretation of a statute which it is charged with enforcing “as long as that interpretation is consistent with legislative intent and is supported by substantial, competent evidence.” Pub. Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So. 2d 987, 989 (Fla.1985); see also Atl. Shores Resort, LLC v. 507 S. St. Corp., 937 So. 2d 1239, 1245 (Fla. 3d DCA 2006). Here, Rizov has not shown that the Board’s rule is inconsistent with the statute.
Agencies generally have more expertise in a specific area they are charged with overseeing. Thus, in deferring to an agency’s interpretation, courts benefit from the agency’s technical and/or practical experience in its field. See McKenzie Check Advance of Fla., LLC v. Betts, 928 So. 2d 1204, 1215 (Fla.2006) (Cantero, J., concurring in part and dissenting in part). Here, rule 61G15-20.002(l)(b)(2) explains the reasoning behind requiring post-graduate experience: “Engineering experience obtained prior to the completion of the engineering degree is usually of a subprofessional nature.”
Because the Board is in a better position to determine acceptable experience, we affirm the Boards order denying Rizovs application to take the principles and practice examination.
Affirmed.
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Whiley v. Hon. Rick Scott, 79 So. 3d 702 (Fla. 2011)…Fla. 617, 636-37, 47 So. 969, 976 (1908)). The Legislature delegates rulemaking authority to state agencies because they usually have expertise in a particular area for which they are charged with oversight. See Rizov v. State, Bd. of Prof'l Eng’rs, 979 So. 2d 979, 980 (Fla. 3d DCA 2008). Accordingly, the Legislature may specifically delegate, to some extent, its rulemak-ing authority to the executive branch “to permit administration of legislative policy by an agency with the expertise and flexibility needed…
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Sunset Beach Invs., LLC v. Kimley-Horn & Assocs., Inc., 207 So. 3d 1012 (Fla. 4th DCA 2017)…. The Third District explained that “in order to practice engineering in Florida, a person is required to pass two examinations: (1) the fundamentals examination and (2) the principles and practice examination.” Rizov v. State, Bd. of Prof'l Eng’rs, 979 So. 2d 979, 980 (Fla. 3d DCA 2008) (citing § 471.015(1), Fla. Stat. (2005)). Upon the passage of the fundamentals examination, the first examination listed, the person is qualified “to practice in the state as an engineer intern.” Id. (citing § 471.013(l)(b),…
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Tr. Care Health Servs. v. Agency for Health Care Admin., 50 So. 3d 13 (Fla. 3d DCA 2010)…and expertise. Pub. Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So. 2d 987 (Fla.1985). An agency develops important technical and practical expertise in the area it oversees. Rizov v. State, Bd. of Professional Engineers, 979 So. 2d 979 (Fla. 3d DCA 2008). For these reasons, we will affirm an agency’s interpretation of law regarding such a matter unless it is shown to be “clearly erroneous.” Verizon Florida, Inc. v. Jacobs, 810 So. 2d 906, 908 (Fla.2002). In the present case, the…
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- Pub. Emps. Relations Comm'n v. Dade Cnty. Police Benevolent Ass'n, 467 So. 2d 987 (Fla. 1985)
- McKENZIE Check Advance OF Fla., LLC. v. Betts, 928 So. 2d 1204 (Fla. 2006)
- Atl. Shores Resort, LLC v. 507 S. St. Corp. & City of Key W., 937 So. 2d 1239 (Fla. 3d DCA 2006)