To Serve & Protect: Your Community & Your License

By Veronica Bayó Clifford, Esq.Veronica is of counsel for Grossman, Furlow & Bayó, LLC in Tallahassee.

Engineers are often seen as the backbone of technological and infrastructural advancements. However, some of the most rewarding work an engineer can perform is not in their day-to-day professional duties, but rather through volunteer work.

Many engineers are actively involved in giving back to their communities, leveraging their skills and knowledge to create a positive impact. Whether it is through educational outreach, pro bono engineering services, sustainable development projects, disaster relief and recovery or community engagement and advocacy, their contributions extend far beyond the confines of their professional duties.

It is indisputable that this is worthy and essential work that benefits our communities in countless ways. Indeed, in a state with some of the most extreme weather in the country, the services engineers provide have been, and continue to be, the difference between life and death.

Nevertheless, engineers should always be aware of the potential liabilities they face when providing such services and make a point to know the ways in which they can best mitigate their risk.

Volunteer Protections In Florida

In Florida, individuals who volunteer their services are generally protected under the Florida Volunteer Protection Act. This law, established in section 768.1355 of the Florida Statutes, serves as a general volunteer immunity statute, providing protection from civil liability for acts or omissions resulting in personal injury or property damage by individuals who perform volunteer services for nonprofit organizations.

Volunteers are not liable for any act or omission that results in personal injury or property damage if they were acting in good faith within the scope of their official duties and as a reasonably prudent person would under similar circumstances. If a volunteer is not held liable, the nonprofit organization they were working for may still be liable for damages to the same extent as if the volunteer protection did not exist.

The question then becomes, does the Florida Volunteer Protection Act apply to the design work of professional engineers who are volunteering their services? For that answer, we need to look at the Florida Engineering Liability Protection Act of 2021.

This Act recognizes the importance of qualified professionals in disaster response. Section 768.382, F.S. provides liability protection for engineers, architects and other professionals who assist during natural disasters.

This law grants immunity from civil liability to these licensed professionals who volunteer their services during emergencies. Protection extends to actions taken in good faith while assisting with disasterrelated activities.

The law covers a wide range of activities, including damage assessment, structural inspections and safety evaluations.

The limitation on liability applies to an act or omission of an engineer, architect or structures specialist in the performance of his or her services on a volunteer basis, when performed while under the direction of, or in connection with, a community emergency response team, a local emergency management agency, the Division of Emergency Management, or the Federal Emergency Management Agency.

Mitigating Risks For Engineers

However, the limitation on liability does not apply to an act or omission constituting gross negligence or willful misconduct. The limitation on liability only applies during a declared national, state, or local emergency, or within 90 days after the end of such an emergency.

The fact that the legislature created a law specifically geared towards addressing volunteer professional work by engineers and architects in emergency situations can lead us to an important conclusion. Namely, that the Florida Volunteer Protection Act does not offer protection to engineers engaged in the practice of engineering on a voluntary basis.

So how do engineers mitigate their risks while still providing these essential volunteer services?

Engineers must understand that there is only one standard of practice, whether the engineer is being paid or serving as a volunteer. There have been cases where engineers were disciplined for lack of detail in design documents being prepared as a favor to a neighbor or to their church. Corners were cut and detail was lacking because the engineer thought that the fact they were providing these plans as a favor somehow reduced the required level of detail.

That is simply not the case. Engineers providing volunteer professional services are expected to adhere to the same professional standards as they would in paid work. This means they must apply the level of skill, care and diligence that is typical for their profession.

If a design error occurs due to negligence or failure to meet these standards, the engineer could be held liable. While the Florida Engineering Liability Protection Act provides some immunity for volunteers in emergency situations, that immunity is very limited and does not cover gross negligence or willful misconduct. If a design error is deemed to be a result of such behavior, the engineer could still face liability.

What Engineers Can Do

As a practical matter, engineers should confirm that their professional liability insurance covers volunteer work. They should also find out if the entity that they are providing volunteer services for has available insurance coverage. Engineers should request that clear written agreements be in place when volunteering their engineering services.

These agreements should outline the scope of work, responsibilities and any limitations on liability. This can help manage expectations and provide some legal protection.

Isn’t this what engineers normally do when engaging in regular non-volunteer duties?

Yes. And that is the point. The fact that an engineer is providing volunteer engineering services should not change the professional standards to which they hold themselves in their private practice. This includes following industry standards, codes and regulations.

Documentation should not be ignored. Having the requisite design calculations, decisions and communications within your records can be crucial if any issues arise later. Nor should there be any laxity in ensuring that all designs and plans are reviewed and approved by relevant authorities or experienced professionals.

By taking these steps, engineers can effectively manage and mitigate liability risks while making meaningful contributions to their communities.