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FLORIDA ENGINEERS MANAGEMENT CORPORATION vs TROY E. BURRELL, P.E., 05-002592PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002592PL Visitors: 26
Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: TROY E. BURRELL, P.E.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: New Port Richey, Florida
Filed: Jul. 19, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 14, 2006.

Latest Update: Dec. 23, 2024
Jul 19 2005 15:24 Jul-19-2005 03:24pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-410) P02 F-885 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS MANAGEMENT CORPORATION, Petitioner, v. FEMC Case No. 03-0084 TROY E. BURRELL, 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 Troy E. Burrell, 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, Florida Statutes. The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. 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 36044. Respondent’s last known address is 11865 North Florida Avenue, Dunnellon, Florida 34434, Jul 19 2005 15:25 Jul-19-2005 03:25pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-410 P.003/010 © F+685 — ne 3. The Respondent is the engineer of record for a stormwater management design for the Citrus County Stovall Building. 4, The Southwest Florida Water Management District (SWFWMD) issued a permit for a dry retention area with no positive outfall based upon Respondent’s stormwater management system design, 5. In a letter dated June 13, 2003, SWFWMD informed the Respondent that his stormwater Management system failed when placed into service, and determined to be in non- compliance with the SWF WMD permit conditions. 6. The following contributed to the failure of the Respondent’s stormwater management design: a Respondent failed to perform a groundwater mounding analysis. b. Respondent failed to note the site had soils with apparent permeability limitations. c. Respondent should have obtained additional hydrogeological data, based on borings B-1 and B-2 contained in an August 31, 2002 soils prepared by Central Testing Laboratory. d. Respondent failed to identify the limitations of soil types identified in the Central Testing Laboratory’s report of August 31, 2001. e. The permeability data should not have been used for design without appropriate safety factors. f. Respondent failed to identify the contributing runoff areas, 7. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, engaging in negligence in the practice of engineering. FEMC v, Troy E. Burrell, P.£., Case # 03-0084 ? Jul 19 2005 15:25 Jul-19-2005 03:25pm = From-FLORIDA ENGINEERS MGMT. CORP. 8505210521 T-410 -P.004/010 = F+685 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, ad . SIGNED this_>" "day of bese FILED i d Professional Reguiation ty Artin Deparment DEPUTY CLERK Exec ie Director RK WN flichels ‘ sgctocoy of , 2004. [7 guglas D. Sunshine ecating Attomey COUNSEL FOR FEMC: FLED Douglas D. Sunshine Florida Engineers Management Corporation Prosecuting Attorney Clerk Florida Engineers Management Corporation CLERK OKO, 2507 Callaway Road, Suite 200 DATE ~ 4 Tallahassee, Florida 32303 Florida Bar No. 935263 DDS/tb PCP: July 8, 2004 PCP Members: Matthews, Tomasino, Seckinger FEMC v. Troy E. Burrell, P.E., Case # 03-0084 3

Docket for Case No: 05-002592PL
Issue Date Proceedings
Aug. 17, 2006 Transmittal letter from Ann Cole forwarding records to the agency.
Aug. 14, 2006 Order Closing File. CASE CLOSED.
Aug. 09, 2006 Joint Motion for Remand filed.
Jul. 18, 2006 Petitioner`s Response to Respondent`s Motion for Award of Attorney`s Fees filed.
Jul. 17, 2006 Amendment to Respondent Troy R. Burrell, P.E.`s Proposed Recommended Order filed.
Jul. 14, 2006 Respondent`s Motion for Award of Attorneys Fees and Costs filed.
Jul. 14, 2006 Respondent Troy E. Burrell, P.E.`s Proposed Recommended Order filed.
Jul. 12, 2006 Petitioner`s Proposed Recommended Order filed.
Jun. 19, 2006 Post-hearing Order.
Jun. 08, 2006 Respondent`s Motion for Confirmation of Deadline for Parties to File and Serve Proposed Recommended Orders and Other Papers filed.
May 30, 2006 Transcript of Proceedings (Volumes I-III) filed.
May 15, 2006 Letter to Judge Harrell from F. Reeves enclosing exhibits admitted into evidence at the Formal Hearing filed (Hearing exhibits not available for viewing).
May 03, 2006 CASE STATUS: Hearing Held.
Apr. 20, 2006 Notice of Filing Letter to Douglas D. Sunshine, Prosecuting Attorney, from Frederick T. Reeves, Esqu., dated April 18, 2006 filed.
Apr. 14, 2006 Letter to F. Reeves from D. Sunshine regarding admission of perpetuated testimony filed.
Mar. 20, 2006 Petitioner`s Notice of Unavailability filed.
Mar. 06, 2006 Notice of Taking Deposition filed.
Mar. 02, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 3 and 4, 2006; 9:00 a.m.; New Port Richey, FL).
Mar. 01, 2006 Respondent Troy E. Burrell, P.E.`s Motion in Limine to Exclude Witness or, in the Alternative, for Continuance of Final Hearing Currently Set for March 6, 7, 2006 filed.
Mar. 01, 2006 Petitioner`s Motion in Limine filed.
Feb. 27, 2006 Pre-hearing Stipulation filed.
Jan. 25, 2006 Second Amended Administrative Complaint filed.
Jan. 05, 2006 Order Establishing Deadline for Compliance with Prior Order and Denying Respondent`s Motion for Rehearing.
Dec. 19, 2005 Respondent`s Motion for Limited Rehearing of Administrative Law Judge`s Order Granting Motion Entered December 19, 2005 filed.
Dec. 19, 2005 Respondent`s Request for Admissions to Petitioner filed.
Dec. 19, 2005 Order Granting Motion (Respondent`s Motion for More Definite Statement as to Certain Provisions of the Amended Administrative Complaint).
Dec. 19, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 6 and 7, 2006; 9:30 a.m.; New Port Richey, FL).
Dec. 16, 2005 Petitioner`s Response to Respondent`s Motion for More Definite Statement filed.
Dec. 15, 2005 Motion for Continuance filed.
Dec. 15, 2005 Respondent`s Motion for More Definite Statement as to Certain Provisions of the Amended Administrative Complaint filed.
Dec. 12, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 25 and 26, 2006; 9:00 a.m.; New Port Richey, FL).
Dec. 09, 2005 Stipulated Motion for Continuance and Notice of Unavailable Dates for Rescheduling Formal Administrative Hearing filed.
Dec. 08, 2005 Respondent`s Pre-hearing Statement filed.
Dec. 05, 2005 Order Granting Motion to Amend Administrative Complaint.
Dec. 05, 2005 Respondent`s Response in Opposition to Petitioner`s Motion for Leave to Amend Administrative Complaint filed.
Dec. 02, 2005 Motion for Leave to Amend Administrative Complaint filed.
Nov. 28, 2005 Amended Notice of Taking Deposition Duces Tecum filed.
Nov. 21, 2005 Notice of Taking Deposition Duces Tecum filed.
Nov. 14, 2005 Amended Notice of Taking Deposition Duces Tecum filed.
Nov. 02, 2005 Notice of Taking Deposition Duces Tecum (M. Ritter) filed.
Oct. 20, 2005 Notice of Taking Deposition Duces Tecum (T. Williford) filed.
Oct. 17, 2005 Notice of Taking Deposition Duces Tecum (H. Higginbotham) filed.
Oct. 17, 2005 Notice of Taking Deposition Duces Tecum (J. Robbins) filed.
Oct. 17, 2005 Notice of Taking Deposition Duces Tecum (J. Ongley) filed.
Sep. 20, 2005 Burrell`s Notice of Service of Answers and Objections to Petitioner`s First Set of Interrogatories to Respondent filed.
Sep. 19, 2005 Burrell`s Response to FEMC`s Request to Produce filed.
Sep. 12, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 13, 2005; 9:00 a.m.; New Port Richey, FL).
Sep. 08, 2005 Stipulated Notice of Available Dates for Rescheduled Final Hearing filed.
Sep. 07, 2005 Respondent`s Stipulated Motion for Continuance of Final Hearing Set for September 21, 2005 filed.
Aug. 11, 2005 Notice of Filing Petitioner`s First Set of Interrogatories and Request to Produce to Respondent filed.
Aug. 10, 2005 Order of Pre-hearing Instructions.
Aug. 10, 2005 Notice of Hearing (hearing set for September 21, 2005; 9:00 a.m.; New Port Richey, FL).
Aug. 08, 2005 Respondent`s First Request for Production of Documents to Petitioner filed.
Aug. 08, 2005 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
Aug. 02, 2005 Respondent`s Response to Petitioner`s First Set of Request for Admissions filed.
Jul. 27, 2005 Unilateral Response to Initial Order filed by Respondent.
Jul. 26, 2005 Unilateral Response to Initial Order filed.
Jul. 20, 2005 Initial Order.
Jul. 20, 2005 Notice of Serving Petitioner`s First Set of Request for Admissions filed.
Jul. 19, 2005 Election of Rights filed.
Jul. 19, 2005 Request for Formal Administrative Hearing filed.
Jul. 19, 2005 Administrative Complaint filed.
Jul. 19, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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