U a ) STATE OF FLORIDA FLORIDA ENGINEERS MANAGEMENT CORPORATION 00 Aue 1 “s PM b: 4 | FLORIDA ENGINEERS A Dy eae i MANAGEMENT CORPORATION, ii HEADY aus ‘VE Petitioner, v. FEMC Case No. 00-0026 ROBERT W. CASE, P.E., Respondent. 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 Robert W. Case, 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. The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes and Chapter 471, Florida Statutes. me U U 2. Respondent is and has been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 51884, Respondent’s address of record is 4640 Center Gate Boulevard, Sarasota, Florida 34233. 3. On or about January 17, 2000, the Respondent was approached bya representative of The Friends of Myakka River, Inc. and requested to sign and seal the drawings and calculations for a project referred to as the Myakka State Park Canopy Walkway Project. 4. This Walkway includes a pedestrian suspension bridge spanning approximately 85 feet to framed wood towers at each end. One of the towers is approximately 72 feet above grade and serves as an observation platform. 5. The same drawings had previously been submitted to the Bureau of Design and Recreation Services by the Park Manager with a request that one of the Bureau’s engineers sign and seal the drawings and submit them to the Department of Management Services for permitting. 6. The Bureau requested instead that a State of Florida licensed engineer seal the calculations and prepare design and specifications for the structure. 7. On or about January 21, 2000, Respondent signed and sealed the four sheets of drawings and submitted them to the Permitting Section of the Department of Management Services. He also signed and sealed a Memorandum For The Record assuming responsibility for structural calculations that were submitted to the Permitting Section. Count One 8. Petitioner realleges and incorporates paragraphs one through seven as if fully restated herein this Count One. Us a Us. 9, The Board defines “responsible charge” in Rule 61G15-18.011, Florida Administrative Code, to mean that degree of control an engineer is required to maintain over engineering decisions made personally or by others over which the engineer exercises supervisory direction and control authority. 10. According to Rule 61G15-18.011(1)(a), Florida Administrative Code, the degree of control necessary for an engineer to be in responsible charge shall be such that the engineer: 1. Personally makes engineering decisions or reviews and approves proposed decisions prior to their implementation, including the consideration of alternatives, whenever engineering decisions which could affect the health, safety and welfare of the public are made. In making said engineering decisions, the engineer shall be physically present or, through the use of communication devices, be available in a reasonable period of time. 11. Rule 61G15-18.011(1)(c), Florida Administrative Code, states in part “As a test to evaluate whether an engineer is in responsible charge, the following must be considered: An engineer who signed and seals engineering documents in responsible charge must be capable of answering questions relevant to the engineering decisions made during the engineer’s work on the project, in sufficient detail as to leave little doubt as to the engineer’s proficiency for the work performed. 12. Respondent was contacted by The Friends of the Myakka River, Inc. on January 17, 2000 and signed and sealed plans and calculations on January 21, 2000. 13. It is unreasonable to expect that the Respondent had sufficient time to perform an appropriate review of the documents provided to him by The Friends before he signed and sealed the documents. U a VU 14. Based on the foregoing, Respondent is charged with violating Section 471.033(1)G), Florida Statues, by affixing or permitting to be affixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or her or under his or her responsible supervision, direction, or control. Count Two 15. _ Petitioner realleges and incorporates paragraphs one through seven as if fully restated herein this Count Two. 16. The construction documents consist of four sheets of drawings: one sheet of elevation and walkway section, one sheet of typical tower module elevation and section, one sheet of typical tower plan view and bolt pattern detail, and one sheet showing the proposed Crow’s Next Extension of one of the structure towers. 17. These drawings are signed and sealed by the Respondent. 18. The engineering drawings and calculations contain several deficiencies including but not limited to the following: a. The calculations address only minor framing conditions of the tower decks and staircase. b. Wind calculations are provided only for the smaller of the two towers. c. The calculations submitted do not address the deck framing and tower bracing indicated on the drawings. d. Respondent failed to provide calculations for the Crow’s Next Extension, the guy wire cable supports and their connections to timber framing, catwalk framing and guardrails, suspension cable details and connections to the catwalk and support framework, or the attachment of the tower structures to the foundation system. 1 i 'S, | U 2. Specifications of design loads and materials to be utilized are vague or completely missing. f The drawings fail to provide any design details regarding the foundation anchors. g. Suspension cable is not specified properly and the critical attachment and load path considerations have not been provided. 19. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering. Count Three 20. _ Petitioner realleges and incorporates paragraphs one through seven as if fully restated herein this Count Three. 21. The Respondent offered engineering services through a company called rvCASE Engineering, Inc. 22. Section 471.023(1), Florida Statutes, requires corporations that offer engineering services in the state of Florida to have a Certificate of Authorization issued by the Board of Professional Engineers. 23. | rwCASE Engineering, Inc. does not hold a Certificate of Authorization to offer engineering services in Florida. 24. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(a), violating a provision of Chapter 471, through a violation of Section 471.023(1), Florida Statutes, by offering engineering services through a corporation that has not been issued a Certificate of Authorization. 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 U 0 UV 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. ofthe SIGNED this ZS __ day of Qely- , 2000. Carrie Flynn Asst. Director of Board Operations 1 : Natalie Lowe Prosecuting Attorney . jonat Regulation siness and Profess Department of Bu: AGENCY CLERK CLERK Soa ?. [oon om part £29508 COUNSEL FOR FEMC: FILED Natalie A. Lowe Florida Engineers Management Corporation Prosecuting Attorney Florida Board of Professional Engineers CLER 1208 Hays Street DATE, J) &S” Tallahassee, Florida 32301 Florida Bar No. 8389 NL/tb PCP: July 13, 2000 PCP Members: Coby, Rebane, Seckinger

Docket for Case No: 00-003436PL