pdf-iconPE No. 17138
Case Nos. 2013009988, & 2014023033

In case number 2013009998 the Licensee was charged with violating Section 471.033(1)(g), Florida Statutes and Rule 61G15-19.001(4), Florida Administrative Code; negligence and misconduct in the practice of engineering. Licensee was retained to investigate water intrusion and reported wind damage to the windows and sliding glass doors.  A Final Report was issued.  The Final Report was materially deficient.  The deficiencies include, but are not limited to the calculations contained in the report are based upon ASCE 7 for an enclosed building, category II, exposure C and an importance factor 1.0.  This is the incorrect reference to be used for these calculations.  The calculations assume that a ¼” shim is part of the single shear connection; however, the shim is not present in all locations.  The calculations ignore the allowable stress increase permitted by the load duration factor CD, etc.  Additionally, during a deposition, Licensee states that he was present at all times during the removal of windows and that he photo-documented the activities in the testing report; however, in that deposition Licensee admitted that in fact, he had not witnessed the removal of certain windows.

In case number 2014023033 the Licensee was charged with violating Section 471.033(1)(g), Florida Statutes and Rule 61G15-19.001(4), Florida Administrative Code; negligence in the practice of engineering.  Licensee was retained to perform a 40-year recertification and was provided copies of a preliminary report regarding needed repairs.  Licensee performed both the structural and electrical inspections.  Licensee signed, sealed and dated a 40-year recertification report.  After the recertification was issued, material deficiencies at the location were discovered.  The deficiencies which Licensee failed to set out in the recertification report include, but are not limited to failure to illuminate parking lots, alleys and access thereto; failure to maintain building or structure or devices in safe condition, electrical installations on the roof that need replacement for corroded and broken conduits and disconnects, air condition compressors that are not secured and unit supports that are corroded, walls and roof that are leaning, etc.

Ruling: The case was presented to the full Board based upon a Settlement Stipulation.  The Board imposed an Administrative Fine of $6,000, Costs of $7,346.58, a 90-day SUSPENSION which commences that date of the Final Order, Appearance before the Board, a Reprimand, RESTRICTION to the practice of Electrical Engineering only, Probation with conditions.  The conditions include a Board-approved course in Advanced Engineering Professionalism and Ethics, Project Review at nine and twenty-one months, and the Board’s Study Guide.  A Final Order was issued on February 15, 2016.

Violation: Section 471.033(1)(g), Florida Statutes and Rule 61G15-19.001(4), Florida Administrative Code