Sunset Beach Investments, LLC v. Kimley-Horn & Associates, Inc.
207 So.3d 1012, 2017 Fla. App. LEXIS 41 (2017)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
An unlicensed individual working in a field where professional licensure exists, such as an engineer intern, cannot be held liable for professional negligence because they do not meet the legal definition of a 'professional.'
Facts:
- Sunset Beach Investments, LLC sought to develop a beachfront property and hired the firm Kimley-Horn and Associates, Inc. for professional design and permitting services.
- Michael E. Kiefer, an employee of Kimley-Horn, served as a 'project manager' on the Sunset Beach project team.
- Kiefer was certified by the state as an 'engineer intern,' which required him to work under the supervision of a licensed engineer.
- Kiefer was not a licensed professional engineer and did not possess the authority to sign or seal any engineering plans.
- Two licensed professional engineers were part of the Kimley-Horn team and were responsible for overseeing Kiefer's work.
- The development project encountered delays and other issues, which formed the basis of the dispute.
Procedural Posture:
- Sunset Beach filed a complaint against Kimley-Horn and later filed an amended complaint adding Michael E. Kiefer and two licensed engineers as defendants.
- The amended complaint asserted a single count of professional negligence against Kiefer.
- In the circuit court (trial court), Kiefer moved for summary judgment, arguing he could not be liable for professional negligence as he was not a licensed professional.
- The circuit court granted summary judgment in favor of Kiefer.
- Sunset Beach (appellant) appealed the circuit court's grant of summary judgment to the District Court of Appeal of Florida, Fourth District.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a claim for professional negligence lie against an unlicensed engineer intern who works under the supervision of licensed professional engineers?
Opinions:
Majority - Kuntz, J.
No, a claim for professional negligence does not lie against an unlicensed engineer intern. Liability for professional negligence is reserved for licensed professionals who are held to a specific standard of care based on their special education, training, and state-sanctioned qualifications. The court reasoned that in professions where a license is available, the license itself serves as a crucial barometer for determining who qualifies as a 'professional.' The Florida Legislature explicitly distinguishes between a licensed 'professional engineer' and an unlicensed 'engineer intern,' with the latter being a preparatory step toward licensure that requires supervision. Because Kiefer was not a licensed engineer, did not sign or seal plans, and was required to work under supervision, he could not be subject to a claim reserved for licensed professionals.
Analysis:
This decision solidifies a bright-line rule for professional negligence claims in fields requiring licensure, such as engineering. By holding that an individual must be licensed to be considered a 'professional' for liability purposes, the court prevents a case-by-case analysis of an unlicensed person's skills or experience. This ruling clarifies that liability for professional malpractice follows the license and the ultimate responsibility, shielding trainees and interns from such claims while reinforcing the vicarious liability of the supervising licensed professionals and their firms. It provides certainty for both plaintiffs and defendants by tying professional status directly to the state's official credentialing.
