Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: W. R. COVER, P.E.
Judges: WILLIAM R. CAVE
Agency: Department of Business and Professional Regulation
Locations: Lakeland, Florida
Filed: May 01, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 29, 2000.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA
FLORIDA ENGINEERS MANAGEMENT CORPORATION, 0
FLORIDA ENGINEERS je]
MANAGEMENT CORPORATION, HEARINGS
Petitioner, O d L /fisd
v. FEMC Case No. 99-00094
W. R. COVER, PE.,
‘Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Florida Engineers Management Corporation,
hereinafter referred to as “Petitioner,” and files this Administrative Complaint
before the Board of Professional Engineers against W. R. Cover, P.E., hereinafter
referred to as “Respondent”. This Administrative Complaint is issued pursuant to
Sections 120.60 and 471.038, Florida Statutes. Any proceeding concerning this
complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In
support of this complaint, Petitioner alleges the following:
1. Petitioner is charged with providing administrative, investigative,
and prosecutorial services to the Board of Professional Engineers pursuant to
Section 471.038(4), Florida Statutes (1997. The Board of Professional Engineers
is charged with regulating the practice of engineering pursuant to Chapter 455,
Florida Statutes and Chapter 471, Florida Statutes.
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2. Respondent is and has. been_at all time material hereto a licensed
Professional engineer in the State of Florida having been issued license number
PE 7734. _ Respondent's address of record is 2011 | Auport § Road, Lakeland,
Florida 33811- 1020.
3. Respondent \ was the engineer of record for a ‘project hereinafter
referred to as the Melvin residence.
bearing project ‘number 9 98-635 for the foundation and floor plan the lower level oo
plan details, and floor and roof truss ¥.s plan.
COUNT ONE
5. Petitioner realleges and incorporates paragraphs one through four
as if fully stated herein this Count One.
6. Respondent’s drawings contain numerous deficiencies including
but not limited to the following:
a. The wood posts at the right and left sides of the rear porch have not
been provided with adequate resistance to safely withstand Code specified wind
loads on the roof.
b. No adequate bracing of gable end walls has been provided.
c. The supplemental bracing detail provided is structurally inadequate
for its intended purpose.
7. Based on the foregoing, Respondent is charged with violating
Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice
of engineering.
e Respondent ‘Signed and sea ed the drawings
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8. Petitioner realleges and incorporates paragraphs one through four
as if fully stated herein this Count Two.
9. Board of Professional En
Administrative Code, states the following:
An engineer of record who delegates a portion of his design
responsibility to a delegated engineer shall require submission of
delegated engineering documents prepared by the delegated ~~
engineer and shall review those documents for compliance with his
written engineering requirements and to confirm the following:
(a) That the delegated engineering documents have been
prepared by an engineer. ; - ;
(b) That the delegated engineering documents of the
delegated engineer conform with the intent of the engineer of
record and meet the written criteria. ~~ ai acca?
(c) That the effect of the delegated engineer’s work on the
overall project generally conforms with the intent of the engineer
of record.
10. Respondent’s drawings fail to call for submission of truss drawings
for review as required by Rule 61G15-30.005(2), Florida Administrative Code.
ll. Based on the foregoing, Respondent is charged with violating
Section 471.033(1)(a), Florida Statutes, for violating any provision of s.
455.227(1), s. 471.025, or s. 471.031, or any other provision of this chapter or rule
of the board or department.
WHEREFORE, the Petitioner respectfully requests the Board of
Professional Engineers to enter an order imposing one or more of the following
penalties: permanent revocation or suspension of the Respondent’s license,
restriction of the Respondent’s practice, imposition of an administrative fine,
issuance of a -Feprimand, ‘placement of ithe Respondent on n_ probation, the
assessment ‘of costs related to the investigation and prosecution of this case, other
than costs associated with an attorney’s time, as provided for in Section
455.227(3), Florida Statutes, and/or any other relief that the Board deems
appropriate.
SIGNED this 230" tay of Wearan , 2000.
COUNSEL FOR FEMC:
Natalie A. Lowe
Prosecuting Attorney
Florida Board of Professional Engineers
1208 Hays Street
Tallahassee, Florida 32301
Florida Bar No. 8389
NL/tb
PCP: March 16, 2000
Panel Members: Coby, Rebane, Seckinger
Dennis Barton
Executive Director
YY: Natalie Lowe
Prosecuting Attorney
FILED
Department of Business and Professional Raguiation
DEPUTY CLERK
nut 2000"
FILED
Florida Engineers Management Corporation
Clerk cons
Docket for Case No: 00-001854
Issue Date |
Proceedings |
Aug. 29, 2000 |
Order Closing File issued. CASE CLOSED.
|
Aug. 28, 2000 |
(Petitioner) Status Report filed.
|
Jul. 20, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (parties to advise status by August 28, 2000)
|
Jul. 18, 2000 |
Motion to Hold in Abeyance (Petitioner) filed.
|
May 23, 2000 |
Notice of Hearing sent out. (hearing set for August 3, 2000; 9:00 a.m.; Lakeland, FL)
|
May 17, 2000 |
Joint Response to Initial Order filed.
|
May 08, 2000 |
Initial Order issued. |
May 01, 2000 |
Election of Rights filed.
|
May 01, 2000 |
Administrative Complaint filed.
|
May 01, 2000 |
Agency Referral Letter filed.
|