Sep 23 2005 14:01 Fax sent by : 9585218521 FL BOARD 69-23-85 13:59 Pg: 6/718 68/314 2085 ,11:46 13857708957 GOPMAN CONSULTING PAGE 83/18 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS MANAGEMENT CORPORATION, ; Petitioner, v. Case No. 2005003948 HERBERT L. GOPMAN CONSULTING ENGINEERS, INC., AND HERBERT L. GOPMAN, Individually, Respondent. ee ADMINISTRATIVE COMPLAINT Petitioner, Florida Engineers Management Corporation, files this Administrative Complaint before the Board of Professional Engineers against Respondent, Herbert L. Gopman Consulting Engineers, Inc. (‘HLG, Inc.”) and Herbert L. Gopman, individually. 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 (1997). The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. 2. Respondent, HLG, Inc., is a business entity whose principal address is 192 NE 168" Street, North Miami Beach, Florida 33162. Extiar “A” | of 5 Sep 23 2005 14:01 Fax sent by : 95852168521 FL BOARD 49-23-85 13:59 Pg: 7/718 98/31/2085 11:46 13857788357 GOPMAN CONSULTING PAGE 84/18 } 3. Respondent, HLG, Inc., has a certificate of authorization, No. 6604, to allow a licensed engineer to practice through the business entity, 4, At all times relevant to this complaint, Respondent, Herbert L. Gopman, was a licensed professional engineer in the State of Florida with license No, 9010, and he has been a principal office and qualifying engineer for HLG, Inc., at 192 N.E. 168th Street, North Miami Beach, Florida 33162, 5. On or before January 18, 2005, Respondents began to maintain an internet web page with the address of, “gopmanconsultingengineers.com’, 6. Respondents’ web page identifies a staff person, Tatiana Demerets, as an engineering associate and as a structural design engineer. 7. Respondents’ web page identifies a staff person, Eugene Crosby, as an engineering associate and as a chief structural design engineer, 8. Nelther of the listed individuals has a license to practice engineering in the State of Florida. 9, The page of the web site describing Mr. Gopman’s role In the firm states . in part, “each department is carefully staffed with educated and licensed engineers and designers.” 10, The information published in Respondents’ web site falsely indicates that its staff persons, Tatiana and Crosby, are licensed to’ practice engineering in the State of Florida. COUNT ONE 11. Petitioner realleges paragraphs one (1) through ten (10) as if fully set FEMC v. Herbert L, Gopman Consulting Engineers, Inc, 2 Ex Bit “AN Qf 5 Sep 23 2005 14:01 Fax sent by : 9585218521 FL BOARD 49-23-85 14:46 Pg: 8/18 88/31/2885 - 11:46 19887788857 GOPMAN CONSULTING, PAGE 05/18 forth in this Count One. 12. Section 471,033(1)(f), Florida Statutes, provides that advertising goods or services in a manner that is fraudulent, fatse, deceptive, or misleading in form or content is grounds for discipline by the Board. 13. Based on the foregoing, Respondent, Herbert L Gapman, violated Section 471.033(1\(f), Florida Statutes, by advertising on an internet web site that falsely suggests that unlicensed employees of Respondent have licenses to practice structural engineering. . COUNT TWO . 14. Petitioner realleges counts one (1) through ten (10) and twelve (12), as if ‘full set forth in this count Two. 15. Section 471.023, Florida Statutes, provides for certificates of authorization to be issued so that a licensed professional engineer can provide engineering services through a business entity. 16. Section 471,023(5), Florida Statutes provides that disciplinary action shall be administered against a business organization in the same manner and on the same grounds as against a licensed engineer, 17, Based on the foregoing, Respondent, HLG, Inc., violated Section 471.033(1)(f), Florida Statutes, by advertising on an internet web site that faisely suggests that unlicensed employees of Respondent have licenses to practice structural engineering. FEMC v, Herbert L. Gopman Consulting Engincers, Inc. 3 Exther AS % of S Sep 23 2005 14:01 Fax sent by : 9585218521 FL BOARD 49-23-85 14:46 Pg: 9/18 06/32/2885 + 11:46 *spe77 008s? GOPMAN CONSULTING, PAGE 86/18 COUNT THREE 18, Petitioner realleges paragraphs one (1) through ten (10) as if fully set forth in this Count Three, ) 19. Based on the foregoing, Herbert L. Gopman violated Section 471.0331(a), Florida Statutes, by violating Section 455.227(1)(j), Florida Statutes, by aiding and assisting an unlicensed person, Tatiana Demerets, to practice engineering. COUNT FOUR . 20. Petitioner realleges paragraphs one (1) through ten (10), fifteen (15) and sixteen (16), as if fully set forth in this Count Four. 21. Based on the foregoing, Respondent, HLG, Inc., violated Section 471.0331(a), Florida Statutes, by violating Section 455.227(1)(j), Florida Statutes, by aiding and assisting an unlicensed person, Tatiana Demerets, to practice engineering, COUNT FIVE 22. Petitioner realleges paragraphs one (1) through ten (10) as if fully set forth in this Count Five. 23. Based on the foregoing, Herbert L. Gopman violated Section 471.0331(a), Florida Statutes, by violating Section 455,227(1)(j), Florida Statutes, by aiding and assisting an unlicensed person, Eugene Crosby, to practice engineering. COUNT SIX 24, ‘Petitioner realleges paragraphs one (1) through ten (10), fifteen (15) and sixteen (16), 25 if fully set forth in this Count Six. 25. Based on the foregoing, Respondent, HLG, Inc., violated Section FEMC v, Herbert L. Gopman Consulting Engineers, Inc. 4 Exe “AN of 5 Sep 23 2005 14:02 Fax sent by : 8585216521 FL BOARD 89-23-85 14:88 Py: 10/18 08/31/2005, 11:46 13857700997 GOPMAN CONSULTING PAGE 87/18 ay ! 471.0331(a), Florida Statutes, by violating Section 455.227(1)(j), Florida Statutes, by aiding and assisting an unlicensed person, Eugene Crosby, to practice 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 Gopman’s license and the Certificate of Authorization of Respondent, Herbert L. Gopman Consulting Engineers, Inc., restriction of the Respondents’ 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 casts 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 7 _ day «— Hah ——_ 2005, i Paut J. Martin, Administrator Prosecuting Attorney Florida Bar No. 191163 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303-5267 Ph. (850) 521-0500 Fax (850) 521-0521 Herbert L. Gopman Consulting Engineers, Inc. F | L E D PCP: July 14, 2005 Department of Business ant Professional Raguistion PCP Members: Seckinger, Tomasino, Matthews - DEPUTY CLERK cigrK MM Tickets DATE 6-2-2005 Exava ay 5 0f 5 FEMC v. Herbert L. Gopman Consulting Engineers, Inc. $

Docket for Case No: 05-003519