Florida Engineers Management i “FLORIDA BOARD OF PROFESSIONAL ENGINEERS FILED Corporation MAR 20 apts L f NS Z. ; STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, 15-Q645PL v. FEMC Case No: 2014023033 ALBERTO CARDONA, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint against ALBERTO CARDONA, P.E.. 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. The Florida Board of Professional Engineers (“Petitioner,” “Board,” or “FBPE”) is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This Administrative Complaint (“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). Page | of 6 ly Agency Clerk é volte LawsoreProctor 2. ALBERTO CARDONA, P.E., (“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 17138. Respondent’s last known address and address of record is 2500 Parkview Drive, Apartment 2414, Hallandale Beach, FL 33009. 3. On March 26, 2012 Metro/Dade Department of Permitting, Environment and Regulatory Affairs (MDDPERA) sent the “Notice of Required Recertification of 40 Year Old Building(s)” (“Notice”) to GRS Management (“property manager for the complex”) for the buildings at The Beach Club at Fontainebleau Park (“Beach Club”). 4. As a result of the Notice, an engineering company was retained to perform the required inspections and subsequently issued preliminary reports, which found numerous deficiencies at The Beach Club. Thereafter the maintenance staff at the complex was directed to make repairs to the noted deficiencies. 5. After the repairs had been completed, Respondent was retained to perform the required inspections prior to the 40 Year Recertification of The Beach Club. Respondent was given copies of the above-referenced engineering company’s preliminary reports, which had been used to document where the repairs were needed. Respondent performed both the structural and electrical inspections for all of the buildings. The dates of the inspections are listed below: Building Inspection Date 07-14-2013 07-14-2013 07-28-2013 10-28-2013 10-28-2013 10-22-2013 tmoaw > orn eneameimenetrev ements esemn amen neneeenacnemnetananeeneesteanineemeenemenennmepmmenenemnmemenneneemeenennn FBPE ys. Alberto Cardona, P.E., Case No: 2014023033 Page 2 of 6 Administrative Complaint 10-28-2013 10-24-2013 10-28-2013 11-08-2013 11-08-2013 11-14-2013 mr AST of 6. After the original inspections were completed, Respondent sealed, signed, dated, and issued 40 year Re-certification Reports for all 12 buildings at The Beach Club between July 23, 2013 and November 22, 2013. The signed and scaled reports were sent to MDDPERA. The Re-certification Reports each included the following statement “This is to certify that the mentioned building was inspected by our company and it was found to be structurally and electrically safe for the occupancy for which it has been authorized by the County of Miami- Dade.” The Re-certification Reports also stated: “This is to certify that, to the best of my knowledge, belief and professional experience, the repairs done in all these buildings comply with the requirements of the Florida Building Code.” 7. The submitted Re-certification Reports were accepted by MDDPERA and a “Letter of Recertification” was issued for each building. 8. Subsequent to the issuance of the Letters of Recertification, MDDPERA was notified that alleged material deficiencies still existed at The Beach Club. MDDPERA then made its own inspections and confirmed that the material deficiencies did, in fact, exist. MDDPERA subsequently revoked the 40 year re-certifications that had been issued based upon Respondent’s Re-certification Reports. 9. The deficiencies found by MDDPERA at The Beach Club that Respondent failed to set out in the Re-certification Reports filed with MDDPERA subsequent to Respondent’s initial inspections referenced in Paragraph Five (5) included: Eesti eS RENIERNISAERIO ERISA Ss FBPE vs. Alberto Cardona, P.E., Case No: 2014023033 Page 3 of 6 Administrative Complaint . Failure to illuminate parking lots, alleys and access thereto . Failure to maintain building or structure or devices in safe condition . Electrical installations on the roof that need replacement for corroded and broken conduits and disconnects . Air conditioning compressors that are not secured and unit supports that are corroded ° Walls and roofs that are leaning ° Floors need repairs (tripping hazard) . Metal door frames are corroded 10, | After MDDPERA revoked the 40 year re-certifications of The Beach Club, Respondent re-inspected the property on the following dates and confirmed the deficiencies found by MDDPERA: Building Re-inspection Date 12-23-2013 12-23-2013 12-24-2013 12-24-2013 12-26-2013 12-26-2013 12-27-2013 12-27-2013 12-28-2013 12-28-2013 01-03-2014 01-03-2014 rA CH KF TA Am yA ww > 11. Respondent subsequently revised all of the Re-certification Reports which were based upon Respondent’s initial inspections which took place between July 14, 2013 and November 14, 2013 to confirm all of the deficiencies found by MDDPERA. FBPE vs. Alberto Cardona, P.E., Case No: 2014023033 Page 4 of 6 Administrative Complaint 12. Rule 61G15-19.001(4), Fla. Admin. Code, states in part: “A professional engineer shall not be negligent in the practice of engineering. The term negligence set forth in Section 471.033 (1) (g), F.S., is herein defined as the 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 principals.” 13. Respondent’s initial Re-certification Reports contain deficiencies including; but not limited to, those set forth in Paragraphs One (1) through Eleven (11). As a result, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15- 19.001(4), Fla. Admin. Code, by sealing and signing engineering documents that were issued when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the initial Re-certification Reports, and (2) the initial Re-certification Reports were not issued in compliance with acceptable engineering principles. 14. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, 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 Board deems appropriate. i FBPE vs. Alberto Cardona, P.E., Case No: 2014023033 Page 5 of 6 Administrative Complaint 4, oh SIGNED this <4” - ay of La aa / ! 2015. Zana Raybon Executive Director J. Rimes, HI g Attorney COUNSEL FOR FEMC: John J. Rimes, [II Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP DATE: March 1, 2015 PCP Members: Fiorillo, Matthews & Pepper CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing filed Administrative Complaint was furnished to Alberto Cardona, P.E., at his last known address and address of record with the Department of Business and Professional Regulation of: 2500 Parkview Drive, Apartment 2414, Hallandale Beach, FL 33009, by U.S. Certified Mail, on the. 43 =" of or, Ihe cli, 2018. SS ef / A ie sures daw Ae Tri ey, Paralegal. ' nS FBPE vs, Alberto Cardona, P.E., Case No: 2014023033 Page 6 of 6 Administrative Complaint

Docket for Case No: 15-002545PL