Deputy Agency Clerk STATE OF FLORIDA CLERK —_Evelte Lawson-Prootor FLORIDA BOARD OF PROFESSIONAL ENGINEERS Dee =» §/18/2012 File # FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2011055019 THOMAS D. PLOTTS, P.E., FILED ; Florida Engineers Management Respondent, Corporation eed MAY 18 2012 ADMINISTRATIVE COMPLAINT Clerk: Sandee Waige 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 THOMAS PLOTTS, 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 66075. Respondent's last known address is 4711 34th Street North, Suite G, St. Petersburg, FL 33714. 3. On August 24, 2011 Respondent sealed, signed and dated three pages of engineering design documents (Sheets A-l, A-2 and A-3) for an aluminum swimming pool screen enclosure structure to be located at 358 NE 155" Street, Citra, Fl (Waldron Project). 4. Respondent’s engineering documents (Sheets A-1, A-2 and A-3) for the Waldron Project are materially deficient by failing to comply with Sections 106.1.1 and 1603.1 of the 2007 Florida Building Code (FBC) and Rule 61G15-30.003(1) and 61G15-31.002(5) as follows: A. The connection for the ends of the diagonal roof bracing elements is not detailed in the permit drawing. 5. Respondent failed to design the elements of the subject screen enclosure in accordance with the strength requirements of Section 1604.2 of the 2007 FBC as follows: A. Stresses resulting from the application of code prescribed design loading in the 2x4SMB post elements significantly exceed the allowable stresses for the elements as determined in accordance with the Aluminum Design Manual - Part 1A. B. Stresses resulting from the application of code prescribed design loading in the 2x3 Hollow diagonal brace elements significantly exceed the allowable stresses for the elements as determined in accordance with the Aluminum Design Manual - Part 1A. Cc. Stresses resulting from the application of code prescribed design loading in the 2x3 Hollow roof purlin elements significantly exceed the allowable stresses for the elements as determined in accordance with the Aluminum Design Manual - Part 1A. BPE vs. Thomas Plots, P.E., Case No, 2011055019 D. Stresses resulting from the application of code prescribed design loading in the 2x2 Hollow eve rail elements significantly exceed the allowable stresses for the elements as determined in accordance with the Aluminum Design Manual - Part 1A. E. The force resulting from the application of code prescribed design loading to the 1/8" diameter cable brace elements significantly exceed the breaking strength of the cable. 6. The Board has adopted Responsibility Rules of Professional Enginecrs (Responsibility Rules). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, Fla. Administrative Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rulcs. 7. Rule 61G15-30.002(1), F. A. C., mandates that Respondest, as the structural engineer of record, is professionally responsible for the documents (Sheets A-1, A-2, A-3) prepared for the Waldron Project. As such, Respondent is responsible for producing a document that complies with the applicable portions of the Responsibility Rules. 8. Respondent acted as Engineer of Record for the Structure for the Waldron Project as that term is defined in Rule 61G15-31.002(1), F. A. C. As such all structural documents prepared, signed, sealed and dated by Respondent must contain the information set out in Rule 61G15-31.002(5), F. A. C., as is mandated by Rule 61G1 5-31.001, F. A. C., setting out the General Responsibility standards for engineers designing structures. The structural document for the Waldron Project fails to contain this information and thus fail to comply with the Responsibility Rules. : 9. 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), F. A. C., provides that negligence constitutes “failure by a professional engincer to utilize due care in FBPE vs. Thomas Plotts, P.E,, Case No, 201 1055019 performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.” 10. Rule 61G15-19.001(4) also provides that “[fJailure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shall be considered as non-compliance with this section unless the deviation or departures therefrom are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer.” 11. The Respondent’s drawings (Sheets A-1-A-3) for the Waldron Project contain deficiencies including; but not limited to, those set forth in Paragraphs 4 and 5. Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A.C., by sealing, signing and dating engineering documents 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. 12. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by being negligent 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 casc, 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. Thomas Plotts, P.E., Case No. 2011055019 SIGNED this k gr b say ot 2012, Zana Raybon Executive Director BYP Join J. Rimes, Tl Chief Prosecuting Attorney COUNSEL FOR FEMC: John J. Rimes, [I Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-412 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm PCP DATE: May 15, 2012 PCP Members: Charland & Hahn Thereby certify that a copy of the foregoing was furnished to Mr. Thomas D. Plotts, P.E., 4711 34" Strect North, Suite G, St. Petersburg, Florida 33714 and 34 Ccdar Falls Drive, Apollo, Florida 33572, by certified mail, on th FIDE vs. Thonms Plots, PE, Case No, 2011055029

Docket for Case No: 12-002523PL