Petitioner: FLORIDA BOARD OF PROFESSIONAL ENGINEERS
Respondent: NORTHSIDE ENGINEERING SERVICES, INC.
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jul. 20, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 10, 2015.
Latest Update: Dec. 23, 2024
” 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
Issue Date |
Proceedings |
Aug. 10, 2015 |
Order Closing File. CASE CLOSED.
|
Aug. 06, 2015 |
(Petitioner's) Motion for Release of Jurisdiction with Leave for Either Party to Refile at a Later Date filed.
|
Jul. 28, 2015 |
Order of Pre-hearing Instructions.
|
Jul. 28, 2015 |
Notice of Hearing by Video Teleconference (hearing set for September 18, 2015; 9:30 a.m.; Tampa and Tallahassee, FL).
|
Jul. 27, 2015 |
(Petitioner's) Response to Initial Order filed.
|
Jul. 21, 2015 |
Initial Order.
|
Jul. 20, 2015 |
Response to the Administrative Complaint filed.
|
Jul. 20, 2015 |
Election of Rights filed.
|
Jul. 20, 2015 |
Administrative Complaint filed.
|
Jul. 20, 2015 |
Agency referral filed.
|