Received Event (Event Succeeded) Date: 1/25/2005 Time: 11:38 AM Pages: 9 Duration: 2 min 57 sec Sender: 8505210521 Company: Fav Numhar- Suhiart- , mu Jan-25-2005 12:17pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 7-834 P.005/009 «= F-835 ~ — STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS MANAGEMENT CORPORATION, Petitioner, v. FEMC Case No. 03-0082 THOMAS H. MAXWELL, Jr., PE., aw Of\ Ne - D5 -OD67PL 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 Thomas H. Maxwell, 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, Florida Statutes (1997). The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. 2. Respondent is and has been at al] time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 10150. Respondent’s last tnown address is 121 Northwest 39” Avenue, Miami, Florida 33126-5733. Received Event (Event Succeeded) Date: 1/25/2005 > Time: 11:38 AM ages: 9 Duration: 2 min 57 sec Sender: 8505210521 Company: Fey Numhor: Subiact- 7 Jan-25-2005 12:17pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-834-P.006/008 «= F835 NL —s COUNT ONE 3. Petitioner reallages and incorporates paragraphs one (1) through two (2) as if fully set forth herein this Count One. 4, On or about April 8, 2003, the City of Coral Gables received a set of plans and calculations signed and sealed by Respondent for a permanent canopy to be constructed at the Corona residence at 6834 Sunrise Drive, Coral Gables, Florida. 5. The caption “911 Eng., Inc., Residential-Commercial-Industrial” appears on a letter head and 31 sheets of the Respondent’s calculations. This caption is misleading in that it leads the public to believe that this is a firm through which Respondent provided engineering services to residential, cormmercial, and industrial businesses. 6. 911 Eng,, Inc., does not hold a Certificate of Authorization to provide engineering services to the public as required by Section 471.023, Florida Statutes 7. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, engaging in misconduct in the practice of engineering, and violating Rule 61G15-19.001(6)(b), Florida Administrative Code. COUNT TWO 8. Petitioner realleges and incorporates paragraphs one (1) through two (2) as if fully set forth in this Count Two. 9, On or about April 16, 2003, the City of Coral Gables received a set of calculations. signed and sealed by Respondent for an awning to be constructed at a shop “Parigi” in Coral Gables, Florida. FEMC v. Thomas Maxwell, P-E., Case # 03-0082 2 Received Event (Event Succeeded) Date: 1/25/2005 Time: 11:38 AM P : ti ages 9 Duration: 2 min 57 sec Sender: 8505210521 Company: Fav Numbar- Sunes. me dan-25~2005 12:17pm — From-FLORIOA ENGINEERS MGMT. CORP. 8505210521 T-834P.007/009 «= F835 10. The Respondent’s wind load calculations dated April 16, 2003, for four (4) pages and one (1) unnumbered page for a Parigi project for a window awning, contains deficiencies including but not limited to the following: a. Respondent incorrectly assumed a design wind speed of 80 mph rather than 90 mph as indicated on the February 20, 2003, cover page for wind load calculations; b. Respondent incorrectly assumed natural frequency of 0.000Hz for the awning structure; c. Respondent miscalculated the gust factor “G"; d. Reespondent’s determinator of the value of the velocity pressure “gh”, is incorrect because of errors in his assumed values of wind speed and gust factor; e. Respondent failed to consider the additional uplift on the awning mandated by ASCE 7 for a roof overhang structure in calculating the pressure on the main wind-force resisting system; f. Respondent failed to consider the awning as a component of the main wind-force resisting system required to meet the Joading mandated by ASCE 7 for components and cladding. 11. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, engaging in negligence in the practice of engineering. COUNT THREE 12, Petitioner realleges and incorporates paragraphs one (1) through two (2) as if fully set forth in this Count Two. 13. On or about February 5, 2003, Respondent signed and sealed calculations for a “Parigi Canopy” which were prepared and also signed by Rolf Christian Friedrich, who is not a FEMC v, Thomas Maxwell, P.E., Case # 03-0082 3 Received Event (Event Succeeded) Date: 4/25/2005 Pages: 9 Sender: 8505210521 Fav Numhar- Tt dan-26-2005 12:18pm = From-FLORIDA ENGINEERS MGMT. CORP. Time: 11:38 AM Duration: 2 min 57 sec Company: Suhiant 8505210521 T-834 P.008/009 = F835 licensed professional engineer and 911 Eng., Inc., an unlicensed engineering firm. Mr. Cluistian’s title on the calculations indicate that he is a “Senior Structural Engineer”. 14. On April 8, 2003, Respondent signed calculations for a window awning for Ramon Corona that were prepared by Rolf-Christian Frieprint, an unlicensed professional engineer, and 911 Eng., Inc., an unlicensed engineering firm. 15. Based on the foregoing, Respondent violated Section 471.033(1)(a), Florida Statutes, by violating Section 455.227(1), Florida Statutes, to wit: aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 471, Florida Statutes. 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 reprimand, placement of the Respondent on 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 13 © aay of FEMC v, Thomas Maxwell, P.E., Case # 03-0082 4 ; FILED Florida Engineers Management Corporation: Clerk CLERK DATE Received Event (Event Succeeded) Date: 1/25/2005 Time: Pages: 9 Duration: Sender: 8505210521 Company: Fay Numhaor- Suhiact- qT Jan-25-2005 12:18pm © From-FLORIDA ENGINEERS MGMT. CORP. 9505210521 COUNSEL FOR FEMC: Douglas D. Simshine Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 935263 DDS/b PCP: December 2, 2003 PCP Members: Matthews, Tomasino, Seckinger FEMC v. Thomas Maxwell, P-E., Case # 03-0082 5 11:38 AM 2 min 57 sec 7-834 P.008/008 = F835

Docket for Case No: 05-000267PL