Petitioner: FLORIDA BOARD OF PROFESSIONAL ENGINEERS
Respondent: STEPHEN E. MITCHELL, P.E.
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jun. 09, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 20, 2017.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
FLORIDA BOARD OF PROFESSIONAL ENGINEERS ee
Evette Lawson-Practor
FLORIDA BOARD OF PROFESSIONAL aleaz0't
ENGINEERS, = — =
FILED
Florida Engineers
Petitioner, Management Corporation
3/24/2017 Clerk: Rebecca Valentine
Vv. FEMC Case No. 2016044376
STEPHEN E. MITCHELL, 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 STEPHEN E. MITCHELL, P.E., hereinafter referred
to as “Respondent.” This Administrative Complaint is issued pursuant to Sections 120.60 and
471.038, Florida Statutes. Any proceeding conceming 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).
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 77318. Respondent’s last
known address is 406 Remora, St. Helena Island, South Carolina 29920.
3. The Board has adopted Responsibility Rules of Professional Engineers
(“Responsibility Rules”). These Rules are contained in Chapters 61G15-30 to 61G15-36, Fla.
Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules
are required to comply with the Rules.
4. 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), Fla.
Admin. Code, 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.”
5. Rule 61G15-19.001(4), Fla. Admin. Code, 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.”
6. The Florida Building Code (2010) — Building (FBC-B) Section 107.2.1
“Information on construction documents” states: “Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and show in detail that it
will conform to the provisions of this code and relevant laws, ordinances, rules and regulations,...”
7. Rule 61G15-30.002(1), Fla. Admin. Code, mandates that Respondent, as the
engineer of record for all engineering work delineated in the Specific Allegations, is professionally
responsible for the documents prepared. As such, Respondent is responsible for producing
documents that comply with the applicable portions of the Responsibility Rules.
FBPE vs. Stephen Mitchell, P.E., Case No. 2016044376
8. Respondent acted as the Structural Engineer of Record for the Draves Residence
(Draves Project) located at 1309 Newton Street, Key West, Fl. as that term is defined in Rules
61G15-30.002(1) and 61G15-31.002(1), Fla. Admin. Code. As such, all engineering documents
prepared, signed, sealed and dated by Respondent must contain the information set out in Rule
61G15-30.003(1):
When prepared for inclusion with an application for a general building permit, the
Documents shall meet all Engineer’s Responsibility Rules, set forth in Chapters 61G15-31, ...,
F.A.C., and be of sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of the Florida Building Code[FBC],
adopted in Section 553.73, F.S., and applicable laws, ordinances, rules and regulations, as
determined by the Agency Having Jurisdiction (AHJ). The Documents shall include:
(a) Information that provides material specifications required for the safe operation
of the system that is a result of engineering calculations, knowledge and experience.
(b) List Federal, State, Municipal, and County standards, codes, ordinances, laws,
and rules, with their effective dates, that the Engineering Documents are intended to conform to.
(c) Information, as determined by the Engineer of Record, needed for the safe and
efficient operation of the system.
(d) List engineering design criteria; reference project specific studies, reports, and
delegated Engineering Documents.
(e) Identify clearly elements of the design that vary from the governing standards
and depict/identify the alternate method used to ensure compliance with the stated purpose of these
Responsibility Rules.
FBPE vs. Stephen Mitchell, P.E., Case No. 2016044376
9. The documents must also include all of the information required by Rule 61G15-
31.002(5):
(5) Structural Engineering Documents. The structural drawings, specifications and
other documents setting forth the overall design and requirements for the construction, alteration,
repair, removal, demolition, arrangement and/or use of the structure, prepared by and signed and
sealed by the engineer of record for the structure. Structural engineering documents shall identify
the project and specify design criteria both for the overall structure and for structural components
and structural systems. The drawings shall identify the nature, magnitude and location of all design
loads to be imposed on the structure. The structural engineering documents shall provide
construction requirements to indicate the nature and character of the work and to describe, detail,
label and define the structure's components, systems, materials, assemblies, and equipment.
10. Respondent’s Structural Engineering Design Documents (Sheets S-1 through S-4),
which were sealed, signed and dated on August 23, 2014, for the Draves Project are materially
deficient as follows:
A. Drawing S1 incorrectly references multiple building codes, none of which
apply to this project. The correct reference is the 2010 Florida Building Code, Existing Building
(FBC-E). Rule 61G15-30.003 states in part; When prepared for inclusion with an application for
a general building permit, the Documents shall meet all Engineer’s Responsibility Rules and be of
sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail
that it will conform to the provisions of the Florida Building Code and applicable laws, ordinances,
rules and regulations. This omission constitutes a violation of Rule 61G15-30.003 (1).
B. The drawings do not indicate the level of alteration as required by Chapter
4 of the FBC-E. This omission constitutes a violation of Rule 61G15-30.003 (1).
FBPE vs. Stephen Mitchell, P.E., Case No. 2016044376
c The drawings do not distinguish between what is existing and what is new
construction. This constitutes a violation of Rule 61G15-30.003 (1) and (4).
D. The wind loads shown on Sheet S1 are much lower than the actual wind
pressures required by the Florida Building Code, Residential (FBCR). For example the Component
and Cladding wind pressure for walls indicated on S1 is 23.63 psf. The wind pressures indicated
in Table R301.2 (2) in Chapter 3 of the FBCR vary from -48.4 to -78.0 psf, depending upon area
and zone. Rule 61G15-31.002 states in part; “[t}he drawings shall identify the nature, magnitude
and location of all design loads to be imposed on the structure. The structural engineering
documents shall provide construction requirements to indicate the nature and character of the work
and to describe, detail, label and define the structure’s components, systems, materials, assemblies
and equipment.” The listing of incorrect wind pressures constitutes a violation of Rule 61G15-
31.002 (5).
E. The wind loads shown on sheet S1 only indicate one pressure for the
Components and Cladding for the roof and walls. The roof has 3 wind zones and the walls have 2
wind zones which each have different pressures. This constitutes a violation of Rule 61G15-31.002
(5).
F, The first note under the heading “Cast-in-Piace Concrete, Foundations and
Floor Slab Notes” incorrectly references the “2012 International Residential Code”. This
constitutes a violation of Rule 61G15-30.003 (1).
G. The “Typical Framing Wall Section” on sheet S2 does not indicate the
connection between the collar ties and roof rafter and it does not indicate the connections between
the roof rafters and the peak beam. This constitutes a violation of Rule 61G15-30.003 (1).
FBPE vs. Stephen Mitchell, P.E., Case No. 2016044376
H. There are no details for the gable end framing to indicate how the wind loads
are transferred to the roof diaphragm. This constitutes a violation of Rule 61G15-30.003 (1).
11. Respondent’s structural engineering drawings for the Draves Project contain
deficiencies including; but not limited to, those set forth in Paragraph Eight (8). As a result of those
deficiencies, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and
Rule 61G15-19.001(4), F. A. C., by sealing and signing structural engineering documents that
were issued and filed for public record 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 Draves Project and (2) the final engineering documents for the Draves Project were not
issued in compliance with 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 Board deems appropriate.
SIGNED this VM day or { Yoru 2017.
FBPE vs. Stephen Mitchell, P.E., Case No. 2016044376
Zana Raybon
Executive Director
ohn J. Rimes, TI
Prosecuting Attorney
COUNSEL FOR FEMC:
John J. Rimes, III
Prosecuting Attorney
Florida Engineers Management Corporation
2639 North Monroe Street, Suite B-112
Tallahassee, Florida 32303
Florida Bar No. 212008
JR/rv
PCP DATE: March 14, 2017
PCP Members: FLEMING, BRACKEN & MATTHEWS
CERTIFICATE OF SERVICE
I pereby certify that a copy of the foregoing was furnished to Stephen Mitchell, P.E.at 406 Remora,
ae or Va. Island, South Carolina 29920, by certified mail and First Class U. S. Mail, on the
March , 2017.
“ PUarcce Valo
Rebecca Valentine, Paralegal
FBPE vs. Stephen Mitchell, P.E., Case No. 2016044376
Docket for Case No: 17-003332PL
Issue Date |
Proceedings |
Jul. 20, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 19, 2017 |
Motion for Release of Jurisdiction with Leave for Either Party to Refile at a Later Date filed.
|
Jul. 03, 2017 |
Notice of Transfer.
|
Jun. 26, 2017 |
Petitioner's First Requests for Admission to Respondent filed.
|
Jun. 26, 2017 |
Notice of Service of Petitioner's First Requests for Admission to Respondent filed.
|
Jun. 26, 2017 |
Order of Pre-hearing Instructions.
|
Jun. 26, 2017 |
Notice of Hearing (hearing set for July 28, 2017; 9:30 a.m.; Tallahassee, FL).
|
Jun. 22, 2017 |
Notice of Transfer.
|
Jun. 19, 2017 |
(Petitioner's) Response to Initial Order filed.
|
Jun. 12, 2017 |
Initial Order.
|
Jun. 09, 2017 |
Election of Rights filed.
|
Jun. 09, 2017 |
Administrative Complaint filed.
|
Jun. 09, 2017 |
Agency referral filed.
|