FILED Department of Business and Professional Regulation Florida Engineers Deputy Agency Clerk Management Corporation CLERK vette Laween-Proot . iwson- rocior 07/20/2020. Clerk: Rebecca Valentine|sTaTE OF FLORIDA Dete 7/20/2020 FLORIDA BOARD OF PROFESSIONAL ENGINEERS _ [Fiv# FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2020010472 JOSHUA A. SHAVER, 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 JOSHUA A. SHAVER, 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 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 85049. Respondent’s last known address is 12811 Ashton Lake Lane, Houston, Texas 77041. 3. Pursuant to Rule 61G15-22.006(2), Florida Administrative Code, “The Board will audit at random a number of licensees as is necessary to assure that the continuing education requirements are met.” Pursuant to the provisions of the Rule, on August 12, 2019 FEMC requested the Department of Business & Professional Regulation (DBPR) to provide a list containing a random number of licensees who had renewed their licenses. This information was received from DBPR on the same day. 4. Respondent renewed Respondent’s Professional Engineer license on December 22, 2018 and attested that Respondent had completed the required Continuing Education necessary for renewal as required by Section 471.017(3)(a), Florida Statutes, which provides in material part: “(3)(a)_ The board shall require a demonstration of continuing professional competency of engineers as a condition of license renewal or relicensure. Every licensee must complete 9 continuing education hours for each year of the license renewal period, totaling 18 continuing education hours for the license renewal period. For each renewal period for such continuing education: 1. One hour must relate to this chapter and the rules adopted under this chapter. 2. One hour must relate to professional ethics. 3. Four hours must relate to the licensee’s area of practice. 4. The remaining hours may relate to any topic pertinent to the practice of engineering. Continuing education hours may be earned by presenting or attending seminars, in-house or nonclassroom courses, workshops, or professional or technical presentations made at meetings, webinars, conventions, or conferences, including those presented by vendors with specific knowledge related to the licensee’s area of practice...” 3s On August 23, 2019, Respondent was provided with a Memo advising Respondent that Respondent was selected to participate in the audit process. Respondent responded to the Memo on September 25, 2019. 6. Upon review of the information provided by Respondent, it was clear that, when Respondent renewed the PE license on December 22, 2018, Respondent had not completed the Florida Laws & Rules and Ethics CE Courses required for renewal as provided in Section 471.017(3), Florida Statutes. Joshua A. Shaver, P.E., Case No. 2020010472 ts In fact, Respondent did not complete the Florida Laws & Rules and Ethics CE Courses until September 29-October 2, 2019 and March 26, 2020. In order to have been in compliance with Section 471.017 when Respondent certified that Respondent had taken and completed all required CE Courses, Respondent was required to have taken and completed all required CE Courses by February 28, 2019. 8. Section 471.033(1)(a) provides in material part: “(1) The following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken: (a) Violating any ... rule of the board or department. Rule 61G15-19.001(6)(s), Florida Administrative Code, provides in material part: “(6) [a] professional engineer shall not commit misconduct in the practice of engineering. Misconduct in the practice of engineering as set forth in Section 471.033(1)(g), F.S., shall include, but not be limited to: (s) Renewing or reactivating a license without completion of Continuing Education (CE) hours and subject areas as required by Section 471.017, F.S., and Rule 61G15-22.001, F.A.C.” 9. By renewing Respondent’s PE license without having completed the required CE Courses at the time that Respondent certified that all required CE Courses had been taken, Respondent violated Section 471.033(1)(a) and Rule 61G15-19.001(6)(s). 10. Based upon the foregoing Respondent is hereby charged with violating Section 471.033(1)(a) and Rule 61G15-19.001(6)(s). 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 Joshua A. Shaver, P_E,, Case No, 2020010472 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 Oday of uy , 2020. Zana Raybon Executive Director fe BY: John J. Rimes, [If Prosecuting 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 JR/rv PCP DATE: July 08, 2020 PCP Members: MATTHEWS, FLEMING & DRURY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Joshua A. Shaver, P.E. at 12811 Ashton Lake Lane, Houston, Texas 77041, by certified mail and First Class U. S. Mail, on the oo of Vuh, 2020. Rebecca Valentine, Paralegal Joshua A. Shaver, P.E,, Case No. 2020010472

Docket for Case No: 20-004014PL