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FLORIDA ENGINEERS MANAGEMENT CORPORATION vs W. R. COVER, P.E., 00-001854 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001854 Visitors: 27
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: Nov. 16, 2024
meee ae nee) 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. a) OA! 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 ce ag gap ercegerg eeeecntee saggenesengaggee se ney naps ate igi: oe nae Pe ener nen aD i i | ! i i : | | a ik ll al kl 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
Source:  Florida - Division of Administrative Hearings

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