” FILED Florida Engineers Management Corporation Deputy Agency Clerk Evette Lawson-Proctor §/22/2015 STATE OF FLORIDA’ ©)». FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, i’ UGS L541? Petitioner, v. FEMC Case No. 2015000978 NORTHSIDE ENGINEERING SERVICES, INC., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint (“Complaint”) against Northside Engineering Services, Inc. This 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. Florida Board of Professional Engineers (“Board,” “FBPE,” or “Petitioner”), 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 Board pursuant to Section 471.038, Florida Statutes (1997). Page | of S 2. Northside Engineering Services, Inc. (“Respondent”), is, and has been at ail times material hereto, a licensed professional engineering firm in the State of Florida, having been issued license number CA 5936. Respondent’s last known address is 300 South Belcher Road, Clearwater, Florida 33765. 3. Section 471.023(1) , Florida Statutes, requires that, in order to obtain, possess and maintain a Certificate of Authorization to practice and offer engineering services through a corporation, a business entity, such as Respondent, must assure that “[o]ne or more of the principal officers of the business organization ... shall be licensed [as a Professional Engineer].” Section 471.023(4), Florida Statutes, requires that “{e]ach business organization certified under this section must notify the board within 1 month after any change in the information contained in the application upon which the certification is based.” Lastly, Section 471.023(5), Florida Statutes, provides that “[d]isciplinary action against a business organization shall be administered in the same manner and on the same grounds as disciplinary action against a licensed engineer.” 4. From 2005 to 2013 Ram Goel P. E., was designated by Respondent as the Professional Engineer who would act as a “principal officer[] of the business organization” in order to fulfill the requirements of Section 471.023(1), Florida Statutes. Sometime in 2014, Mr. Goel ceased fulfilling the requirements of Section 471.023(1), Florida Statutes, for Respondent and Patricia Montecki, P. E. became an officer of Respondent. On or about January 23, 2015 Respondent notified the Board that Ms. Montecki would act as the Professional Engineer who would fulfil! the requirements of Section 471.023(1), Florida Statutes. 5. However, during the period encompassed by January 12-26, 2015, Ms. Montecki ended her affiliation with Respondent and notified the Board and FEMC that Ms. Montecki had a EY FBPE y. Northside Engineering Services, inc.; Case No: 2015000978 Page 2 of 5 Administrative Complaim ended her affiliation with Respondent and would not act as the Professional Engineer who would fulfill the requirements of Section 471.023(1), Florida Statutes, Thus, since at least January 26, 2015, no Professional Engineer presently fulfills the requirements of Section 471.023(1), Florida Statutes, for Respondent. Notwithstanding the above, Respondent has continuously offered and provided engineering services to the public since January 26, 2015. 7. As a result of the foregoing, Respondent’s Certificate of Authorization was placed on DELINQUENT status on April 21, 2015. 8. As provided in Section 471.023(4), Florida Statutes, Respondent was required to notify the Board of the change of status of Respondent’s Professional Engineer who acted as a “principal officer{] of the business organization” within one month. Additionally, Respondent was required to enter into an arrangement with another professional engineer who would replace Ms. Montecki as a “principal officer[] of the business organization” in order to continue offering engineering services in compliance with Chapter 471. Respondent was then required to update the information on file with the Board to provide the identity of and the acquiescence of a new professional engineer who would act as a “principal officer[] of the [Respondent]” in order to assure that Respondent’s Certificate of Authorization was in compliance with the requirements of Chapter 471. While Respondent has continued to offer engineering services to date, Respondent did none of the required acts set forth herein. 9. Section 455.227(1)(k), Florida Statutes, provides as follows: “(1)The following acts shall constitute grounds for which the disciplinary actions ... may be taken: (k)Failing to perform any statutory or legal obligation placed upon a licensee.” Section 471.033(1)(a), Florida Statutes, provides as follows: “(1)The following acts constitute grounds for which the FBPE v. Northside Engineering Services, Inc.; Case No: 2015000978 Page 3 of $ Administrative Complaint disciplinary actions ... may be taken: (a)Violating any provision of s. 455.227(1), s. 471.025, or s. 471.031, or any other provision of this chapter or rule of the board or department.” 10. Respondent, as set forth in Paragraphs Two (2) to Eight (8) above, has failed to comply with the requirements of Section 471.023, Florida Statutes, and has continued to practice as an engineering firm without a professional engineer acting as a “principal officer[] of the business organization” and without updating the firm’s information with the Board. As a result, Respondent has violated Section 455.227(1)(k), Florida Statutes, and Section 471.033(1)(a), Florida Statutes. 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 SLA day of Ma : L 2015. Zana Raybon Executive Director te ee FBPE y, Northside Engineering Services, Inc.; Case No: 2015000978 Page 4 of 5 Administrative Complaint COUNSEL FOR FEMC: John J. Rimes, M1 Prosecuting Attomey Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No: 212008 PCP DATE: May 12, 2015 PCP Members: Fiorillo, Matthews & Pepper CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing filed Administrative Complaint was furnished to Houshang Ghovaee, as President and Registered Agent of Northside Engineering Services, Inc. at the address of record for Northside Engineering Services, Inc.: 300 South Belcher Road, Clearwater, FL 33765 by U.S. Certified Mail on the KE day of , 2015. a Cane Trishia Finkey, Paralegal L iayeaner=nsesae wr eeeeer- metas tener-aueen nen enna -eaineena Er nr-99- enema enema FBPE v. Northside Engineering Services, Inc.; Case No: 2015000978 Page 5 of 5 Administrative Complaint

Docket for Case No: 15-004098