Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor FLORIDA BOARD OF PROFESSIONAL BPERS 11/16/2012 Florida Engineers Management Corporation FLORIDA BOARD OF PROFESSIONAL ENGINEERS, NOV 16 2012 i Sn a geen cna Clerk: Sendee Wale vy FEMC Case No. 2012004836 Petitioner, EMMANUEL NWADIKE, 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 EMMANUEL NWADIKE, 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 enginecring 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 33208. Respondent’s last known address is 9310 Biscayne Boulevard, Miami Shores, Florida 33138. 3. On September 17, 2011 Respondent entered a plea of guilty to felony charges of violating: Compensation/Reward for Official Behavior/Unlawful — 2nd Degree Felony —- Sections 839.016(1) and 777.011, Florida Statutes; Fabricating Physical Evidence — 3rd Degree Felony - Sections 918.13(1)(B) and 777.011, Florida Statutes; Money Laundering/Unlawful Proceeds greater than100K —~ Sections 896.101(5)(C), 777.011 and 896,101(3), F.S.in the Circuit Court for the Eleventh Judicial Circuit in and for Dade County, Florida. Respondent was adjudicated GUILTY of the above crimes. 4, As a result of the above adjudication, Respondent was sentenced as follows: 20 months in the Department of Corrections; followed by probation of up to 44 months with 4 months of community control. 5. The facts underlying the September 17, 2011 guilty plea involved Respondent’s having solicited and accepted unauthorized compensation from contractors for the purpose of steering public works contracts to such contractors while Respondent was employed as an engineering consultant (also known as the “City Engineer”) for the City of Opa-Locka, Florida. 6. Section 471.033(1)(d), Florida Statutes, provides that disciplinary action may be taken against a Professional Engineer for “[b]eing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of engineering or the ability to practice engineering.” Likewise, Section 455.227(1)(c), Florida Statutes, provides that disciplinary action can be taken against a Professional Engineer for “[bJeing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession.” 7. Insofar as the criminal activities which formed the basis for Respondent’s September 17, 2011 plea derived directly from Respondent’s employment as a Professional Engineer, Respondent’s criminal adjudication was for a crime that directly related to Respondent’s practice as a Professional Engineer and directly related to Respondent’s ability to practice as a Professional Engineer. 8. Based on the foregoing, Respondent is charged with violating Sections 455.227(1)(c) and 471.033(2) (d), Florida Statutes, by being adjudicated guilty of a crime which directly relates to the practice of engineering or the ability to practice 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. SIGNED this (St aay of Nonouber— 2012. Zana Raybon Executive Director y / John J. Rimes, III >rosecuting Attorney COUNSEL FOR FEMC: John J. Rimes, [I Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm PCP DATE: November 13, 2012 PCP Members: Hahn & Burke CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Emmanuel Nwadike, P.E. 9310 Biscayne Boulevard, Miami Shores, 'L 33138, by certified mail, on th of 2012.

Docket for Case No: 13-000398PL