FILED

Department o1 Busine15 and Professiot1al Regulation

Deputy Agency Clerk

CLERK Evette Lawson-Proctor

5/23/2011

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STATE OF FLORIDA

FLORIDA BOARD OF PROFESSIONAL ENGINEE

FLORIDA BOARD OF PROFESSIONAL

FILED

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Florida Engineers Management Corporation

ENGINEERS.

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Clerk

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Petitioner,

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1. FEMC Case No. 2010055664

   DONALD J. FLOOD, P.E.,

   
   

   Respondent,

                                                             I

   
   

   ADMINISTRATIVE COMPLAINT

   
   

   COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as "Petitione:-," and files this Administrative Complaint against DONALD J. FLOOD, 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 Statutes. 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).

      
      

   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 44847. Respondent's last known address is 1522 NW I13th Terrace, Pembroke Pines, FL 33026.

   3. In late 2004 or early 200S the Murton Roofing Corp., a Certified Roofing

      
      

      Contractor and Certified General Contractor entered into an agreement with the Sandalwood Homeowners Association in Palm Beach Gardens to perfonn remedial work on a number of four-unit residential buildings. A major portion of the work consisted of removing the existing roofing (down to concrete) and replacing it with new roofing. Also included in the work was the replacement of existing wood shake siding with metal panels and providing new NC equipment screens as necessary to shield the rooftop mounted units from view. These elements were installed by Potteiger-Raintree.

   4. On October 23 and 24, 2005 the Sandalwood community was subjected to high velocity winds generated by Hurricane Wilma. In the course of that storm at least two of the NC equipment screens sustained structural damage.

   5. At all material times hereto, Respondent was Vice President - Engineering for Atlantic & Caribbean Roof Consulting, LLC (ACRC) a firm offering testing and engineering services. Acting for ACRC, through the firm's client the Murton Roofing Corp., Respondent from June 200S through June 2006 performed a number of engineering services for the Sandalwood community.

   6. Among the services provided to Sandalwood, on June 16, 2005 Respondent signed and sealed six pages of calculations (Calculations) relat to the structural design of the NC equipment screens described in Paragraphs 3 and 4 herein (NC Equipment Screen Project).

      
      

      At a subsequent date, Respondent prepared six pages of revised calculations relating to the A/C Equipment Screen Project (Revised Calculations).

   7. To meet acceptable engineering standards the Calculations and Revised Calculations must have met the following requirements:

      1. They must be susceptible to rational analysis in accordance with well-emblished principles of mechanics and sound engineering practice.

      2. They must be mathematically correct.

         
         

      3. They must clearly state any material asswnptions, if those assumptions are not obvious.

      4. They must accurately model the actual physical conditions in the area which they profess to address - in this case the A/C Equipment Screen Project

      5. They must recognize and deal with all critical structural conditions in the area

         
         

         they profess to ad -in this case the A/C Equipment Screen Project

         
         

   8. Respondent's Calculations and Revised Calculations for the A/C Equipment Screen Project were materially deficient as follows:

      1. Respondent's Calculations and Revised Calculations assume the presence of a roof although it is obvious that no roof was intended.

      2. Respondent's Calculations and Revised Calculations fail to recognize the bending stresses imposed on the critical interior posts in the long walls. Respondent's Calculations and Revised Calculations also fail to recognize and address the stress imposed on the screen wall girts (hat sections) and the base plates for the posts.

      3. Respondent's Calculations and Revised Calculations fail to define those characteristics of the aluminum anchor posts, which detennine their safe capacity in flexure

         
         

         under 2001 Florida Building Code (FBC) mandated wind loads. Respondent's Calculations and Revised Calculations fail to set forth the section (size) and grade of material intended for the screen wall girts (hat sections) and fail to set forth the grade of alwninum intended for the posts and post base plates.

      4. Respondent's Calculations and Revised Calculations fail to specify an FBC

         
         

         compliant means of transferring tensile bending stresses from the posts to the supporting base

         
         

         plates.

         
         

      5. In Respondent's Calculations and Revised Calculations which address the critical

         
         

         interior columns in the long walls, the ¼" expansion bolts specified are grossly overloaded under

         
         

         FBC mandated wind loads.

         
         

      6. Respondent has failed to proportion the structural elements of the screen assemblies for the A/C Equipment Screen Project so that the allowable stresses prescribed in the 2001 Florida Building Code are not exceeded. Respondent has also failed as noted to specify the section and grade of materials for the structural elements.

   9. Section 471.033(l)(g), Florida Statutes, provides that a Professional Engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61G15- 19.001(4) provides that negligence constitutes "failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles."

   10. Respondent's Calculations and Revised Calculations for the NC Equipment Screen Project contain material deficiencies including; but not limited to those set forth in Paragraph Eight and, as such, are inadequate, do not comply with accepted engineering

       
       

       principles and show that Respondent did not exercise due care when he sealed, signed and dated the Calculations for the A/C Equipment Screen Project.

   11. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4) by engaging in negligence in the practice of engineering.

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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 appropri.1/i

SIGNED thls FV1--day of               

, 2011.

Carrie Fl

COUNSEL FOR FEMC:

John J. Rimes, Ill Prosecuting Attorney

Florida Engineers Management Corporation

2507 Callaway Road, Suite 200

Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm

PCP DATE: May 17, 2011

PCP Members: Rebane, & Hahn

CERTIFICATE OF SERVICE

I hereby certify that a oopy of the foregoing was furnished to Dopald J.

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;·1522 NW I13"

Terrace, Pembroke Pines, FL 33026, by certified mail, on the o( 711-- of - 2011.

FBPE vs. Donald J. Flood, Jr., P.E., Case No. 2010055664 6

Docket for Case No: 11-003830PL