Facing an administrative complaint from the Florida Department of Business and Professional Regulation (DBPR) or the Florida Board of Professional Engineers (FBPE) can put your professional license and career at serious risk. When allegations involve a violation of Section 837.06, Florida Statutes, regarding false official statements, experienced Florida Engineering License Defense can help you understand your rights, respond to the complaint, and protect your professional future.
Rest assured, receiving an Administrative Complaint from the state does not mean your engineering license is automatically revoked. You have clear legal rights, strict due process protections under Chapter 120, Florida Statutes, and strategic defense options available to safeguard your hard-earned credentials.
In this comprehensive defense guide, you will discover exactly what Section 837.06 entails, how false statement allegations arise in engineering practice, how the Florida administrative disciplinary process works step-by-step, and how taking immediate action with an experienced professional license defense attorney can protect your livelihood.
At Elevate Legal Services, PLLC, our Boca Raton law firm is dedicated to defending licensed Florida professionals against complex DBPR administrative complaints, formal administrative law hearings, and regulatory disciplinary actions. We understand the intricate statutory frameworks of Chapter 471 (Engineering) and Chapter 455 (Business and Professional Regulation), as well as the administrative procedure laws under Chapter 120. If you have been served with a Notice of Investigation or a formal Administrative Complaint, time is of the essence.
Call Elevate Legal Services, PLLC today at 561-770-3335 for a confidential consultation, or contact us to speak with an attorney about your matter.
Our skilled administrative defense team will help you navigate the state disciplinary system, enforce your due process rights, and build an aggressive legal strategy to safeguard your license.
Understanding Section 837.06, Florida Statutes: False Official Statements
To build an effective legal defense, you must first understand the specific statutory charge leveled against you.
Under Section 837.06, Florida Statutes:
“Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree…”
While Section 837.06 is classified as a second-degree misdemeanor under Florida criminal law, regulatory agencies like the Florida Board of Professional Engineers (operating through the Florida Engineers Management Corporation) routinely incorporate this statute into administrative complaints. They use it to establish gross negligence, misconduct, or a lack of professional integrity under Chapter 471, Florida Statutes.
Here’s what that means legally:
The prosecution cannot simply point out a technical oversight or mathematical discrepancy on an engineering document and win their administrative case.
To establish a violation of Section 837.06, agency prosecutors must prove four critical legal elements:
- A Written Statement: The communication was reduced to writing (such as signed and sealed plans, permit applications, site calculations, or written inspection reports).
- Knowledge of Falsity: You actually knew the statement was false at the exact time it was submitted.
- Intent to Mislead: You acted with specific, deliberate intent to deceive or mislead a public official.
- Public Servant Performance: The statement was directed to a public officer or government employee performing an official duty.
In many professional engineering cases, administrative complaints mistakenly conflate honest technical disagreements, complex engineering judgment calls, or third-party clerical errors with intentional fraud.
How False Statement Charges Arise in Engineering Practice
Engineers are held to extraordinary professional standards because public health, safety, and welfare depend on structural and technical accuracy.
However, everyday project complexities and bureaucratic miscommunications can easily trigger unwarranted state investigations.
Consider these common scenario triggers:
1. Municipal Building Department Submissions
Submitting signed and sealed plans, structural calculations, or stormwater drainage reports to municipal building departments is routine practice.
If a city plans examiner or building official discovers discrepancies between physical field conditions and your engineering submittals, they may file a complaint with the DBPR alleging you knowingly provided false data to secure building permits.
2. Disclosures on License Applications and Renewals
During biennial license renewals or initial state licensure applications, engineers must complete mandatory disclosure questions regarding prior legal, tax, or out-of-state administrative matters.
Omitting an item, even due to an honest misunderstanding of complex application questions, can trigger an administrative complaint alleging a false written statement under Section 837.06.
3. Written Statements During Regulatory Inquiries
When the board opens an initial inquiry into a dispute between a client and a contractor, investigators usually request a written response from the engineer.
If an engineer responds without qualified legal counsel and includes unverified timeline dates or incorrect project descriptions, board investigators may view those unintentional factual inaccuracies as deliberate attempts to mislead a state investigator.
The Florida Administrative Disciplinary Process Step-by-Step
Understanding Florida’s administrative enforcement procedure allows you to make informed, calculated decisions at every stage of your case.
Here is the exact step-by-step process:
- Complaint and Notice of Investigation: The process begins when a client, competitor, or municipal official files a complaint. If the DBPR or FBPE determines the complaint is legally sufficient, they open a formal file and issue a Notice of Investigation to you.
- The Investigative Phase: A state investigator collects records, interviews witnesses, and requests your written response. Under Section 455.225, Florida Statutes, you have the legal right to review the investigator’s final report before it goes to a probable cause panel. Still, you must explicitly request a copy in writing.
- Probable Cause Panel (PCP) Review: The collected evidence is presented to the Board of Professional Engineers’ Probable Cause Panel in a confidential proceeding. The panel will either dismiss the case with or without a Letter of Guidance, or find probable cause and direct board prosecutors to file a formal Administrative Complaint.
- Election of Rights (EOR): Once served with an Administrative Complaint, you receive an EOR form with a strict 21-day statutory response deadline. You must select your legal path: an Informal Hearing before the Board (if material facts are not disputed), a Formal Hearing before an independent Administrative Law Judge at the Division of Administrative Hearings (DOAH) (if material facts are disputed), or a Negotiated Settlement Agreement.
Potential Penalties and Consequences
The Board of Professional Engineers treats allegations under Section 837.06 with severe regulatory gravity.
A finding of fault can result in life-altering administrative penalties:
- License Revocation: Permanent cancellation of your license to practice engineering in Florida.
- License Suspension: Mandatory period during which you cannot practice engineering, often coupled with remedial education courses.
- Administrative Fines: Monetary fines reaching up to $5,000 per statutory violation count under Chapters 455 and 471.
- Formal Public Reprimand: A permanent disciplinary mark on your public licensing profile.
- Probation and Monitoring: Practicing under strict board supervision, requiring mandatory peer reviews of your signed and sealed submittals.
Beyond direct state sanctions, administrative final orders become permanent public records.
This can lead to lost client contracts, cancellation of professional liability coverage, and mandatory reporting to the National Council of Examiners for Engineering and Surveying (NCEES), jeopardizing multi-state comity licenses.
Defense Strategies Against Section 837.06 Allegations
Defending against a false official statement charge requires a methodical, detail-driven legal strategy.
At Elevate Legal Services, PLLC, our attorneys evaluate the underlying engineering data to build strong legal defenses:
- Negating Deceptive Intent: We introduce technical documentation and witness testimony showing that errors were caused by human oversight, software anomalies, or good-faith misunderstandings, not a deliberate intent to deceive.
- Establishing Standard Professional Reliance: Engineers regularly rely on specialized testing reports from geotechnical labs, land surveyors, and field inspectors. Demonstrating that you reasonably relied on third-party data disproves individual deceptive intent.
- Demonstrating Good Faith Voluntary Corrections: If a plan discrepancy was identified and corrected voluntarily before official agency action, we use those facts to prove lack of malice and negotiate for a total dismissal.
Why Professional Legal Representation Matters
Navigating complex state administrative agencies without experienced legal counsel puts your professional license at grave risk.
Board prosecutors and agency investigators understand administrative procedure thoroughly.
Retaining experienced legal representation from our firm levels the playing field by:
- Preventing you from making inadvertent statements during DBPR investigations that could harm your case.
- Ensuring every statutory deadline and formal evidentiary request is executed flawlessly.
- Reviewing practice options with our administrative law attorneys to protect your license and commercial interests.
- Representing you aggressively in formal DOAH evidentiary trials if agency negotiations fail.
If your regulatory matter overlaps with corporate governance, firm management issues, or dispute escalation, consulting our guidance on law firm crisis management and regulatory resolution can provide broader organizational protection.
Protect Your Engineering License, Career, and Future Today
An administrative complaint alleging a violation of Section 837.06, Florida Statutes, directly threatens your professional standing, but you do not have to fight the state alone.
With skilled legal representation, you can challenge the agency’s evidence, enforce your constitutional due process rights, and fight to keep your engineering license fully operational.
Take immediate control of your defense:
Call us today at 561-770-3335 or contact us online for a confidential consultation.
Frequently Asked Questions (FAQs)
What should I do immediately after receiving a DBPR Notice of Investigation?
Do not panic, but do not ignore the notice. Avoid contacting the investigator directly or submitting written statements before consulting an attorney. Contact our firm immediately so our attorneys can review the allegations and handle all official agency communications on your behalf.
Can a Section 837.06 administrative complaint lead to criminal charges?
Because Section 837.06 is also codified as a second-degree misdemeanor under Florida criminal law, parallel criminal referrals are legally possible. Working with experienced legal counsel ensures your administrative defense strategy safeguards your Fifth Amendment rights against self-incrimination.
What is the difference between an Informal Hearing and a Formal Hearing?
An Informal Hearing is held directly before the Board of Professional Engineers when you do not dispute any factual allegations in the complaint and wish to argue solely for penalty mitigation. A Formal Hearing takes place before an Administrative Law Judge at DOAH when material facts are disputed, requiring formal rules of evidence, witness examination, and legal argument.
How long do I have to respond to a DBPR Administrative Complaint?
Under Florida administrative law, you generally have 21 calendar days from the date you receive the Administrative Complaint to submit your Election of Rights form. Failing to respond within this strict deadline can result in an automatic default judgment, leading to license revocation or suspension without your input.
Can an administrative complaint be settled without going to a full hearing?
Yes. A significant number of DBPR administrative complaints are resolved through a Negotiated Consent Order (settlement agreement) between your attorney and board prosecutors. This allows you to resolve the matter predictably while avoiding license suspension and extreme monetary fines.
