Who Is A Professional In Florida

In considering the class of persons to whom a two year statute of limitations for professional malpractice applies, the Supreme Court of Florida defined a profession as "a vocation requiring, as a minimum standard, a college degree in a specific field." In other words, if the state of Florida requires a person to complete a four year college degree in a particular field to become licensed in that field, then the occupation is a profession.

A vocation is not a profession for purposes of the malpractice statute of limitations if any alternative method of admission omits the requirement of a college degree or if a state license is not required to practice the occupation. Garden v. Frier, 602 So.2d 1273 (Fla. 1992). In Garden, the Supreme Court of Florida expanded upon and modified its definition of a profession. The court decided a "profession comes into being…on the date the appropriate licensing body requires a four year college degree or graduate degree of all future admittees." By the same token, the profession ceases to exist on the date that future admittees are no longer required to hold a graduate or college degree.

Because land surveyors are not required to have a four year college degree or graduate degree, if they have sufficient qualifying experience, they are not professionals for statue of limitations purposes. In Garden, the Supreme Court limited its definition of professional to the context of the statute of limitations, noting that the definition could be broader or narrower, depending upon the context.

Under the definition established by the Supreme Court, architects, accountants, attorneys, engineers, physicians, physical therapists and veterinarians are all professionals. While surveyors, real estate appraisers, insurance agents, real estate brokers and pest controllers are not considered professionals due to current licensing requirements.

Notwithstanding the definition established by the Supreme Court, members of certain occupations (including realtors, insurance agents and appraisers) are routinely sued based upon professional negligence theories. Accordingly, the scope of future articles and case updates in this section will cover issues concerning all who may purchase errors and omissions insurance.