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FLORIDA ENGINEERS MANAGEMENT CORPORATION vs FRED C. JONES, P.E., 06-000587PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000587PL Visitors: 20
Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: FRED C. JONES, P.E.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Bradenton, Florida
Filed: Feb. 15, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 26, 2007.

Latest Update: Sep. 22, 2024
Feb 15 2006 10:06 Fax sent by : 9585218521 FL BOARD 62-15-86 16:48 Pg: 2716 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS ; i MANAGEMENT CORPORATION, Petitioner, v. FEMC Case No. 03-0055 FRED C. JONES, 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 Fred C, Jones, 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 all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 54476, Respondent's last known address is 915 29 Avenue West, Bradenton, Florida 34205. Feb 15 2006 10:07 Fax sent by : 9585218521 FL BOARD 62-15-86 16:48 Pg: 3/716 COUNT ONE 3. Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fully set forth in this Count One. 4. Respondent is the engineer of record for a project hereinafter referred as the Hampton Homes. 5. The Florida Home Maintenance project drawings contain structural deficiencies, including but not limited to, the following: a. The design dead loads and the live loads are not specified. b. The specifications for the roof coverings, masonry and other structural notes are incomplete, c. The schedule for the pre-cast lintels are not provided. d. The design wind uplift pressures are not calculated and specified on the drawings. & The soil conditions are not described on the drawings. f. The roof support details at the front and rear porches and at the garage doors and also the details of the front porch columns are not provided. g. A site plan required by Section 104.2.4 of the Florida Building Code is not provided. 6. 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. COUNT TWO 7. Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fuly set forth in this Count Two. FEMC v. Fred C. Jones, PE, Case # 03-0055 2 Feb 15 2006 10:07 Fax sent by : 9585218521 FL BOARD 62-15-86 16:48 Py: 8. Respondent is the engineer of record for a project hereinafter referred as the 12331 Golf Course Road (Hampton Houses). 9. ' The Respondent’s 12331 Golf Course Road project drawings contain structural deficiencies, including but not limited to, the following: a The roof covering specifications are incomplete as per section 1507 of the Florida Building Code. b. Respondent failed to provide the roof diaphragm calculations. It appears that the wind loads based upon a “partially enclosed” building are to high to be resisted by the nailing pattern provided. c The detailed masonry specifications including the mortar type, horizontal joint reinforcement, grade of concrete masonry units etc, are not provided. The requirement of the inspections for the masonry is not specified. The splice lengths of the bond beam reinforcement for tension, compression, intersections and comers are not specified. The masonry design could also not be accurately checked because of the lack of specifications. d. The pre-cast lintel for the span of 22°-8” is inadequate. Respondent failed to provide structural calculations in order to check the garage lintel for a span of 17°-4". The safe load specified in the table is 911 Ibs. for 17°4” span lintel. However, the table does not provide any information regarding the capacity of the lintel for the lateral forces. &. The size and spacing of the wood studs are not specified to check compliance with table 2308.1A of the Florida Building Code. f. The reinforcement of the thickened edge under the load bearing wood stud at the garage is not specified. FEMC v, Fred C. Jones, P-E.; Case # 03-0055 3 4/16 Feb 15 2006 10:07 Fax sent by : 9585218521 FL BOARD 62-15-86 16:41 Pg: 5/716 10. 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. COUNT THREE 11. Petitioner realleges and incorporates paragraphs one (1) and two (2) as if fully set forth in this Count Three. 12. The Respondent personally performed plans review and. inspections on his Hampton Homes and 12331 Golf Course Road (Hampton Houses) projects. 13. Section 553.791(3), Florida Statutes, states a private provider may not provide building code inspection services upon any building designed or constructed by the private provider or the private provider’s firm. 13. Based on the foregoing, Respondent is charged with violating Section 471.033(1 a), Florida Statutes, by violating any provision of 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 FEMC v, Fred C. Jones, P.E., Case # 03-0055 4 Feb 15 2006 10:08 Fax sent by : 9585218521 FL BOARD 62-15-86 16:41 Pg: 6716 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 appropriat SIGNED this 99 —tay of Vr Lp , 2005. Executiyé|Director Douglas D. Sunshine, Esquire ief Prosecuting Attorney COUNSEL FOR FEMC: Douglas D, Sunshine Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 935263 DDS/tb PCP: October 2, 2003 September 16, 2005 PCP Members: Matthews, Burke, Seckinger FILED Department of Busivess and Professional Regulation AGENCY CLERK CURK Soyndy Zo Wout am DATE jl- 29-95. as FEMC vy, Fred C. Jones, P.E., Case # 03-0055 5

Docket for Case No: 06-000587PL
Issue Date Proceedings
Jun. 26, 2007 Order Closing Files. CASE CLOSED.
Jun. 25, 2007 Motion to Relinquish Jurisdiction without Prejudice filed.
Mar. 05, 2007 Amended Notice of Hearing (hearing set for July 9 through 13, 2007; 9:00 a.m.; Bradenton, FL; amended as to Hearing Dates).
Mar. 01, 2007 Notice of Hearing (hearing set for July 9 and 13, 2007; 9:00 a.m.; Bradenton, FL).
Feb. 26, 2007 Joint Motion to Reschedule Hearing filed.
Jan. 25, 2007 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 26, 2007).
Jan. 24, 2007 Joint Motion to Continue and Abate Final Hearing filed.
Oct. 23, 2006 Order of Pre-hearing Instructions.
Oct. 23, 2006 Notice of Hearing (hearing set for February 15 and 16, 2007; 9:00 a.m.; Bradenton, FL).
Oct. 16, 2006 Joint Motion to Re-schedule Hearing filed.
Oct. 04, 2006 Order Granting Continuance (parties to advise status by October 16, 2006).
Oct. 03, 2006 Petitioner`s Motion for Continuance filed.
Oct. 02, 2006 Notice of Substitution of Counsel (filed by P. Creehan).
Aug. 22, 2006 Notice of Substitution of Counsel (filed by B. Campbell).
May 31, 2006 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner (filed in Case No. 06-0587PL).
May 17, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 18 and 19, 2006; 9:00 a.m.; Bradenton, FL).
May 12, 2006 Motion for Continuance (filed in Case No. 06-0587PL).
May 09, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 26 and 27, 2006; 9:00 a.m.; Bradenton, FL).
May 05, 2006 Motion to Continue Final Hearing filed.
May 03, 2006 Notice of Taking Deposition Duces Tecum filed.
Apr. 14, 2006 Notice of Unavailability filed.
Apr. 14, 2006 Notice of Unavailability filed.
Mar. 21, 2006 Response to Petitioner`s First Set of Request for Admissions dated February 15, 2006 filed.
Mar. 09, 2006 Amended Notice of Hearing (hearing set for May 11 and 12, 2006; 9:00 a.m.; Bradenton, FL; amended as to Hearing room location).
Mar. 07, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 11 and 12, 2006; 9:00 a.m.; Bradenton, FL).
Mar. 02, 2006 Order of Consolidation (case nos. 05-4464PL and 06-0587PL).
Feb. 22, 2006 Fred C. Jones` Response to Initial Order filed.
Feb. 21, 2006 Unilateral Response to Initial Order filed.
Feb. 15, 2006 Petition and Request for Formal and Evidentiary Proceeding filed.
Feb. 15, 2006 Election of Rights filed.
Feb. 15, 2006 Administrative Complaint filed.
Feb. 15, 2006 Agency referral filed.
Feb. 15, 2006 Initial Order.
Feb. 15, 2006 Notice of Serving Petitioner`s First Set of Request for Admissions filed.
Source:  Florida - Division of Administrative Hearings

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