FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor FLORIDA BOARD OF PROFESSIONAL ENGINEERS Date =: 18/2012 File # FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2011055018 THOMAS D. PLOTTS, P.E., FILED Florida Engineers Management Respondent, corotice f = MAY 18 2012 ADMINISTRATIVE COMPLAINT Clerk: Sandee Watge 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). Filed July 25, 2012 10:35 AM Division of Administrative Hearings 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-1, A-2 and A-3) for an aluminum swimming pool screen enclosure structure to be located at 4279 SW 102" Place, Ocala, Fl (Gibson Project). 4. Respondent’s engineering documents (Sheets A-1, A-2 and A-3) for the Gibson 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 roof bracing is not detailed. St 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 roof beam 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 2x2 Hollow eve rail elements significantly exceed the allowable stresses for the elements as determined in accordance with the Aluminum Design Manual - Part 1A. 6. The Board has adopted Responsibility Rules of Professional Engineers (Responsibility Rules). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, FBPE va, Thomas Plotts, P.E., Cese No. 2011055018 Fla. Administrative Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. fe Rule 61G15-30.002(1), F. A. C., mandates that Respondent, as the structural engineer of record, is professionally responsible for the documents (Sheets A-1, A-2, A-3) prepared for the Gibson 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 Gibson 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 61G15-31.001, F. A. C., setting out the General Responsibility standards for engineers designing structures. The structural document for the Gibson 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 engineer to utilize due care in 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.” FBPE vs. Thomas Plots, P.E., Case No. 2011055018 11. The Respondent’s drawings (Sheets A-1-A-3) for the Gibson 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 engincering 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 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 gee: yeems appropriate. Wy) SIGNED this LS ur of Na , 2012. Zana Raybon Executive Director BY/ John J. Rimes, [Il Présecuting Attorney FBPE vs. Thomas Plots, P.E., Case No. 2011055018 COUNSEL FOR FEMC: John J. Rimes, IT Prosecuting Attorney Florida Engineers Management Corporation 2639 North. Monroe Strcet, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm PCP DATE: May 15, 2012 PCP Members: Charland & Hahn CER’ OF VI | hereby certify that a copy of the foregoing was furnished to Mr. Thomas_D, Plots, Oia 34 Cedar Falls Drive, Apollo Beach, Florida 33572, by certifjed mail, on the 2O thot 2012. M. Maige, FRP falegal to John J. Rimes, III f FBPE vs. Thomas Plots, P.fi., Case No. 2011055018

Docket for Case No: 12-002526PL