STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

PROFESSIONAL ENGINEERS, )

)

Petitioner, )

)

vs. ) CASE NO. 80-096

)

MORRIS A. SHASHOUA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 1 April 1980 at Miami, Florida.

APPEARANCES

For Petitioner: Ford L. Thompson, Esquire

Lewis State Bank Building, Suite 201 Tallahassee, Florida 32302

For Respondent: Morris A. Shashoua

5231 Pinetree Road

Pompano Beach, Florida 33067

By Administrative Complaint filed 30 October 1979, the Department of Professional Regulation, State Board of Professional Engineers, Petitioner, seeks to revoke, suspend or otherwise discipline the professional engineer's registration of Morris A. Shashoua, Respondent. As grounds there for it is alleged that Respondent affixed his professional engineering seal to a set of residence plans prepared by a registered architect without that person's knowledge or consent in violation of Section 471.26(1)(e), Florida Statutes (Supp. 1978)

Two witnesses were called by Petitioner, the parties stipulated to the testimony of the architect involved in these proceedings, the Respondent stipulated he is a registered professional engineer and testified in his own behalf, and four exhibits were admitted into evidence.

FINDINGS OF FACT

1. Morris A. Shashoua is a registered professional engineer and was so registered at all times here relevant.

   
   

2. On or about June 1979 a set of plans were submitted to the Palm Beach County Planning Department for approval. These plans had part of the title block cut out which would have shown the name of the architect, and Respondent's stamp and signature was placed alongside this cutout block. The plans aroused

   suspicion in the Planning Department and upon checking their files it was discovered that the plans containing Respondent's certification were identical to plans previously submitted which had been prepared and certified by Gene C. Monarco, a registered Florida architect. In both cases, Darl Homes, Inc. was the builder seeking permits for construction of the residences.

   
   

3. Monarco was unaware of and had not authorized Respondent to certify the plans for any residence to be built by Darl Homes, Inc. The Planning Department refused to issue the permit for these plans until they were certified by Monarco.

   
   

4. Respondent acknowledged placing his seal on the plans knowing they had been prepared by Monarco, but claimed he was unaware of any violation of law in so doing. The copy of the plans had been brought to Respondent by an employee of Darl Homes, Inc., for whom the original plans had been prepared by Monarco, with the plea that Respondent place his seal on the plans to meet the builder's deadline which the architect could not accommodate. When he placed his name and seal on the plans, Respondent believed the architect's seal would be placed on the plans before the construction was begun and the architect would receive the compensation due him.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

6. Section 471.26(1), Florida Statutes (1978 Supp.) empowers the Board of professional Engineers to revoke or suspend the certificate of registration of any person should such person be found guilty of:

   
   

   1. Affixing or permitting to be affixed his seal or his name to any plans, designs, drawings, or specifications which were not prepared by such registrant or under his

      responsible supervision, direction or control.

      
      

7. The evidence was uncontradicted that Respondent affixed his name and seal to residence plans prepared by someone else in violation of the statutory provision above quoted. Registered professional engineers are presumed to be aware of the laws under which they are regulated. It is therefore

RECOMMENDED that the registration of Morris A. Shashoua be suspended for a period of 90 days.

Entered this 28th day of April, 1980.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Ford L. Thompson, Esquire Suite 201

Lewis State Bank Building Tallahassee, Florida 32302

Mr. Morris A. Shashoua 5231 Pinetree Road

Pompano Beach, Florida 33067

Docket for Case No: 80-000096

Orders for Case No: 80-000096