_ . Peat e cat STATE OF FLORIDA P i, ee OQ FLORIDA ENGINEERS MANAGEMENT CORPORATION FLORIDA ENGINEERS MANAGEMENT CORPORATION, Petitioner, KISHORE TOLIA py A te, Respondent. 300... ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Professional Engineers against Kishore Tolia, 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 is charged with providing administrative, investigative, and prosecutorial services to the Board of Professional Engineers pursuant to Section 471.038(4), Florida Statutes (1997). The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes and Chapter 471, Florida Statutes. seer errey opege ne A a 2. Respondent is and has been at all time material hereto a licensed professional engineer in the State of Florida, having b been issued license number PE 18092. Respondent’ s - address of record is 2265 Lee Road, , Suite # #123, Winter Park, Florida 32789, 3. On or about June 23, 1997, Respondent signed and sealed | a cover sheet entitled Structural Calculations, Gable End Wall ‘Bracing, Respondent's Ss calculations for a project referred to as “the Pearl Residence” were attached. 4. Respondent structural calculations contain 1 deficiencies > including but not limited to the following: OO . a. The assumptions as to as built conditions were not justified by reference to specific permit drawings or other credible evidence. b. The critical condition at the central portion of the rear wall over the porch was not addressed. c. It was assumed, without justification, that the gypsum board ceiling had been designed to provide an adequate horizontal diaphragm. d. Due to a computational error the design wind load at the ceiling line has been understated by 100 percent. e. The indicated adequacy of attachments of lateral and cross bracing is not justified. 5. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in fraud or deceit, negligence, incompetence, or misconduct, in the practice of engineering. ay 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 ofa 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 OM say of Mar , 2000. Dennis Barton Executive Director Prosecuting Attorney FILED | Department of Business and Professional Regulation DEPUTY CLERK COUNSEL FOR FEMC: DATE Uy - UY - 2000 Natalie A. Lowe Prosecuting Attorney FILED Florida Board of Professional Engineers Foods Engineers Management Corporation 1208 Hays Street Tallahassee, Florida 32301 CLERI Florida Bar No. 8389 DATE - NL/tb PCP: March 16, 2000 Panel Members: Coby, Rebane, Seckinger

Docket for Case No: 00-001853