Jul 19 2005 15:24 Jul-19-2005 03:24pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-410) P02 F-885 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS MANAGEMENT CORPORATION, Petitioner, v. FEMC Case No. 03-0084 TROY E. BURRELL, P.E., 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 Troy E. Burrell, 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. 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 all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 36044. Respondent’s last known address is 11865 North Florida Avenue, Dunnellon, Florida 34434, Jul 19 2005 15:25 Jul-19-2005 03:25pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-410 P.003/010 © F+685 — ne 3. The Respondent is the engineer of record for a stormwater management design for the Citrus County Stovall Building. 4, The Southwest Florida Water Management District (SWFWMD) issued a permit for a dry retention area with no positive outfall based upon Respondent’s stormwater management system design, 5. In a letter dated June 13, 2003, SWFWMD informed the Respondent that his stormwater Management system failed when placed into service, and determined to be in non- compliance with the SWF WMD permit conditions. 6. The following contributed to the failure of the Respondent’s stormwater management design: a Respondent failed to perform a groundwater mounding analysis. b. Respondent failed to note the site had soils with apparent permeability limitations. c. Respondent should have obtained additional hydrogeological data, based on borings B-1 and B-2 contained in an August 31, 2002 soils prepared by Central Testing Laboratory. d. Respondent failed to identify the limitations of soil types identified in the Central Testing Laboratory’s report of August 31, 2001. e. The permeability data should not have been used for design without appropriate safety factors. f. Respondent failed to identify the contributing runoff areas, 7. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, engaging in negligence in the practice of engineering. FEMC v, Troy E. Burrell, P.£., Case # 03-0084 ? Jul 19 2005 15:25 Jul-19-2005 03:25pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-410 -P.004/010 = F+685 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, ad . SIGNED this_>" "day of bese FILED i d Professional Reguiation ty Artin Deparment DEPUTY CLERK Exec ie Director RK WN flichels ‘ sgctocoy of , 2004. [7 guglas D. Sunshine ecating Attomey COUNSEL FOR FEMC: FLED Douglas D. Sunshine Florida Engineers Management Corporation Prosecuting Attorney Clerk Florida Engineers Management Corporation CLERK OKO, 2507 Callaway Road, Suite 200 DATE ~ 4 Tallahassee, Florida 32303 Florida Bar No. 935263 DDS/tb PCP: July 8, 2004 PCP Members: Matthews, Tomasino, Seckinger FEMC v. Troy E. Burrell, P.E., Case # 03-0084 3

Docket for Case No: 05-002592PL