Sep 9 2008 10:57 SEP-@9-286S 14:51 From: 6585218321 Pagse:5°8 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAT. ENGINEERS FLORIDA BOARD OF PROFLSSIONAL LNGINEERS, Petitioner, v. TEMC Case No. 2005045834 KELVYN WHITFIELD, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as “Petitioner”, and files this Administrative Complaint against Kelvyn Whitficld, 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, Florida Board of Professional Engineers, is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statues. This complaint is filed by the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner. FEMC is charged with providing administrative, investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). Sep 9 2008 10:57 SEP-@9-286S 14:51 From: 6565218521 Page:6°8 2. Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 24140. Respondent's last known address is 1002 NE 116" St., North Miami, FL 33161. 3. On or around August 19, 2002, drawings for the Smith Residence were first submitted to the Cily of Miami for a building permit. 4, Respondent was hired later that year lo correct deficiencies in the drawings in order to obtain ihe building permit. 5. Respondent made changes to the drawings and resubmitted them to the City of Miami several times. The drawings were continually found to be inadequate and rejected ten umes. The plans that are the subject of this complaint were signed and sealed by the Respondent on March 16, 2004 (Sheets $1, $2, and $3) and on January 22, 2005 (Sheets A2, A3, and A4) respectively and all were submitted to the City of Miami Building Department. COUNTI 6. Petitioner realleges and incorporates paragraphs onc (1) through five (5) as if fully set forth in this Count One. 7. Respondent failed to utilize due care or have duc regard for engineering standards in the preparation of the Smith Residence drawings in one or more of the following ways: a. The 770 lbs indicated on Sheet A3, as the net uplift on the trusses is not justified by Respondent’s calculations. h. Wind loads shown on Sheet A4, Section A-A for the roof are not justified by Respondent’s calculations. c. Sheet $1, Shect 2, and Sheet 3 have indicated use of FBC 1606.2 is not recognized by FBC 1619 for use in the High Velocity Hurricane Zone. FBPE vs. Kelvyn Whitfield, P.E., Case No. 2005045834 2 SEP-B9-2865 14:52 Sep 9 2008 10:57 From: 6585218321 Page: 7°28 d. Sheet $1, Sheet 3 incorrectly omitted the required |.21 correction factor in the case of wind uplift loads on the roof, e. Shect $1, Sheet 3 incorrectly ignores the wind uplift on the windward overhang. f. Sheet 81, Shect 3 incorrectly ignores the higher wind loading on the 6’-0” wide end zones. g. Sheet $1, Sheet 4’s net uplift load of 645 Ibs per truss is inconsistent with the 770Ibs previously indicated on Sheets A3 and A4 and is not justified by Respondent’s calculations, h. Values on Sheet $2 for total and net uplift are not justified by Respondent’s calculations. i. Sheet S3 lisicd “a” dimension of 2.5 ft is less than the minimum of 3 ft required by ASCE 7-98, Figure 6-5B. j. Sheet $3’s net uplift load of 645 Ibs on trusses at 2’-0" o.c. is inconsistent with the 770Ibs previously indicated on Sheets A3 and A4 and is not justified by Respondent’s calculations. Based on the foregoing, Respondent is charged with violating Section 471.033(1) (g), Florida Statutes, by engaging in negligence in the practice of enginccring. WITEREFORT:, the Petitioner respectlully requests the Board of Professional Engineers to enler an order imposing one or more of the following penalties: permancnt 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 (y the investigation and prosccution of this case, other than costs FRPE vs Kelvyn Whitfield. P.E., Case No. 2005045834 3 Sep 9 2008 10:57 SEP-B9-2865 14:52 From: 6585218321 Pase:8°8 associated with an allomey’s time, as provided for in Section 45 5.227(3), Mlorida Statutes, and/or any other relicf that the Board deems appropriate. SIGNED this 334 day of : TS sian . 2008. FILED Carrie Flynn Florida Engineers Management Corporation Lixecutive Din Cl CLERI DATE COUNSEL FOR FEMC: BY: Patrick Creehan Prosecuting Attorney Patrick Creehan Prosecuting Attorney Florida Engineers Management Corporation E D 2507 Callaway Road, Suite 200 Departmen! of Business and Professional Regulation Tallahassee, Florida 32303 DEPUTY CLERK Florida Bar No. 0063540 PCI CLERK WM Tlicheds = PCP DATE: January 17, 2008 DATE i o- AOD PCP Members: Rebane, Seckinger CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Kelvyn Whitfield, P.L., 1002 NE 116" St. North Miami, FL 33161, by certified mail, on the SG of TAP, 2008. TBPE vs, Kelvyn Whitticld, P.E., Case No. 2005045834 4

Docket for Case No: 08-004415PL