Department af Business and Professlonel Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK — Evetle Lawson-Proctor FLORIDA BOARD OF PROFESSIONAL ENGINEERS Dete 9/30/2011 Florida Engineers Management Corporation FLORIDA BOARD OF PROFESSIONAL ENGINEERS, — Petitioner, v. FEMC Case No. 2009041686 SOHEIL ROUHI, 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 SOHEIL ROUHI, 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, at all times material hereto, was a licensed professional engincer in the State of Florida, having been issued license number PE 40820. Respondent’s last known address is 6250 Shiloh Road, Suite 330, Alpharetta, GA 30005. i 3. Respondent was the Structural Engineer of Record for the Berkman Plaza 2 Parking Garage located in J acksonville, Florida (Garage Project). In that capacity, on September 5, 2006 and January 25, 2007 Respondent sealed, signed and dated structural engineering drawings for the Garage Project (Structural Drawings) consisting of (Sheets SG0.1 — SG3.5). 4. Respondent’s Structural ‘Drawings for the Garage Project are materially deficient as follows: A. The Florida Building Code, Chapter 19, Section 1901.2 requires all reinforced concrete design shall meet the requirements of ACI 318. In beams SB-2, SB-4 and SB-5 the amount of mild reinforcement Hsted does not meet the minimum requirements of ACI 318-02, Chapter 18.9.2. B. The shear stirrups in beam SB-5 are listed as spaced at 12” on center. This provides less reinforcing than required by ACI 318-02, Chapter 11.5. C, ‘The amount of reinforcement listed for columns GC/G3 and GC/G4 was inadequate to support the loads imposed upon these columns. D. _ Detail 1/8G2.2, “Column Detail” does not ptovide for adequate lateral support of the vertical reinforcing bars as required by ACI 318-02, Chapter 7.10. E. The drawings lack any details showing the column-to-beam connection and how the mild reinforcing steel and post-tension anchors were to be placed as zequired by ACI 318-02, Chapter 1,2. FBPE vs, Soheil Rouhi, P.2, Case No. 2009041686 2 F, Rule 61G15-31.004 (1), Florida Administrative Code (FAC) requires that the structural engineering documents on post-tensioned concrete structural systems shall indicate the magnitude of all pre-stressing forces “Structural engineering documents Shall show the nature, type of post-tensioning system, location of the prestressing tendons and the magnitude of all prestressing forces and all design assumptions.” These forces were not indicated on the Structural Drawings for the Garage Project. 5. The Board has adopted Responsibility Rules of Professional Engineers (Responsibility Rules). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, FAC. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. Included in the Responsibility Rules are Rules (Rule Chapter 61G15-31) governing Structural Engineering Documents that are produced by a Professional Engineer. 6. Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61G15-19.001(4), Fla. Administrative Code, 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.” Rule 61G15-19.001(4) also provides that “(failure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engincers shall be considered as non-compliance with this section unless the deviation or departures there from are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer.” 7. Respondent acted as the Structural “Engineer of Record” for the Garage Project as that term is defined in Rule 61G15-31.002(1), FAC. As such all structural engineering EBPE ys, Soheil Rouhi, P.E, Case No. 2009041686 3 documents prepared, signed, sealed and dated by Respondent must contain the information set out in Rule 61G15-31,004 as mandated by Rules 61G15-30.001 and 61G15-31.001, FAC, setting out the General and Structural Responsibility standards for engineers. ‘The Structural Drawings for the Garage Project fail to contain this information and thus fail to comply with the Responsibility Rules. 8. For the reasons set forth in Paragraph 4 herein, Respondent violated the provisions of Section 471.033(1)(@), Florida Statutes, and Rule 61G15-19.001(4), F, A. C., by sealing, signing and dating engineering documents for the Garage Project that were issued and filed for public record when such documents were materially deficient in respect to and not in compliance with applicable code requirements or acceptable engineering principles, 9, Based on the foregoing, Respondent is charged with violating Section 47 1.033(1) (g), Florida Statutes, by engaging in negligence in the practice of engineering. 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. FBPE vs. Sohcil Rouhi, P.B,, Case No. 2009041686 4 SIGNED this of OM sy of Qed MBM , 2011. Carrie Flynn Executive Director COUNSEL FOR FEMC:° John J. Rimes, II Prosecuting Attomecy Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm PCP DATE: September 20, 2011 PCP Mentbers: Charland, Rebane & Habn CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Soheil Rouhi, P.E. c/o Kamy Molavi, Esq., Freeman, Mathis & Gary, LLP, 100 Galleria Parkway, Suite 1600, Atlanta, GA 30339-5948, by certified mail, on the STN of Olds6$0011. Qn FBPE va. Soheil Rouhi, P.E., Case No, 2009041686 5 ELECTION OF RIGHTS Case Name: Soheil Rohi, P.E. Case No. 2009-041686 PLEASE SELECT ONLY 1 OF THE 3 OPTIONS An Explanation of Rights is attached. If you do not understand these options, please consult with your attorney or contact the attorney for the Prosecution Services Unit at the address/phone number listed at the bottom of this form. OPTION 1. I do not dispute the allegations of fact in the Administrative Complaint, but do wish to be accorded a hearing, pursuant to Section 120.57(2), Florida Statutes, at which time I will be permitted to submit oral and/or written evidence in mitigation of the complaint to the Board. OPTION 2. I do not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or to be heard. I request that the Board enter a final order pursuant to Section 120.57, Florida Statutes. OPTION 3. X I do dispute the allegations of fact contained in the Administrative Complaint and request this to be considered a petition for formal hearing, pursuant to Sections 120.569(2)(a) and 120.57(1), Florida Statutes, before an Administrative Law Judge appointed by the Division of Administrative Hearings. I specifically dispute the following paragraphs of the Administrative Complaint: Please see attached Amended Answer and Affirmative Defenses. In addition to the above selection, I also elect the following: (XX) I accept the terms of the Settlement Agreement, have signed and am returning the Settlement Agreement or I am interested in settling this case. () I do not wish to continue practicing, have signed and returned the voluntary relinquishment of licensure form, if it has been provided. Regardless of which option I have selected, I understand that I will be given notice of time, date, and place when this matter is to be considered by the Board for Final Action. Mediation under Section 120.573, Florida Statutes, is not available in this matter, (Please sign and complete all the information below.) fh-~ kes Christopher Hixson, Esq. For Respondent Address: _2639 Dr. MLK Jr, St. N St. Petersburg, FL 33704 Lic. No. 41158 Phone No. 800-934-5999 Fax No. __ 866-984-5239 Email: chixson@floridalawyer.com STATE OF FLORIDA COUNTY OF Before me, personally appeared whose identity is known to me by (type of identification) and who, acknowledges that his/her signature appears above. Sworn to or affirmed by Affiant before me this day of 201_. Notary Public-State of Florida My Commission Expires Type or Print Name PLEASE MAIL AND/OR FAX COMPLETED FORM TO: John J. Rimes, Ill, Prosecuting Attorney, Florida Engineers Management Corporation, 2639 North Monroe St., Suite B-112, Tallahassee, FL 32303 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Case No.: 2009-041686 Petitioner, vs. SOHEIL ROUHI, P.E., Respondent. NOTICE OF APPEARANCE Comes now the law firm Lynch & Robbins PA, by and through undersigned counsel, and notices its appearance in behalf of the Defendant, SOHEIL ROUHI, P.E. All pleadings, correspondence, notices, and other materials should be sent to the below address. CHRISTOPHER L HIXSON Florida Bar No.: 0041158 Lynch & Robbins PA 2639 Dr. MLK Jr. Street N. St. Petersburg, FL 33704 Telephone: (727) 822-8696 Facsimile: (727) 471-0616 chixson@floridalawyer.com CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail this 9th day of December, 2011 to: John J. Rimes, III Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe St. Suite B-112 Tallahassee, FL 32303 Lae - l<—-— : Christopher L Hixson Florida Bar No.: 0041158

Docket for Case No: 11-006457PL