ApH 20 2h Den Fax sent by : 8585218521 FL BOARD 64-28-66 68:15 Pg: 2/8 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS | FLORIDA ENGINEERS MANAGEMENT . ' 06-1640 CORPORATION, | Petitioner, | v. . Case No. 20040368 SCA ENGINEERING AND CONSULTING, INC. Respondent. i t ADMINISTRATIVE COMPLAINT Petitioner, Florida Engineers Management Corporation, files this Adpinstrativ Complaint before the Board of Professional Engineers against Respondent] SCA Engineering And Consutting, Inc. This Administrative Complaint Is Issued pursuant to Sections 120.60 and 471.038, Horida Statutes. Any proceeding concerni th 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 prosecutortal services to the Board of Professlonal Engineers pursuant to bection 471.038, Florida Statutes (1997). The Board of Professional Engineers Is barged with regulating the practice of engineering pursuant to Chapter 455, Florida Sthtutes. 2. Respondent is a business entity whose principal address is 1609 South State Road 1S/A, Suite B, Deland, Horida 32720. 3. Respondent has a certificate of authorization, No. 669, to allow a licensed engineer to practice through the business entity. 4. Beginning on or before March 1, 2004, Respondent issue geotechnical i { ¢ ARE £0 2h IO Did Fax sent by : 8585218521 FL BOARD 64-28-86 @8:15 Pg: 3/8 { : | soil reports with the seal and electronic signature of a licensed professional engineer. 5. Respondent adopted a policy of retaining possession of tha physical seal of the licensed professional engineer in Respondent's office for extended periods in which the engineer was not present in the office. 6. Respondent's employees placed the seal and electronic! signature of licensed professional engineers on up to 600 reports per week that had not been prepared or produced by the engineer. i COUNT ONE 7. Petitioner realleges paragraphs one (1) through slIx (6) as if fuly set forth in this Count One, 8. From on or about March 1, 2004 through on or about auoud 16, 2004, Respondent sent out reports with the seal and electronic signature of shin Rajpathak, P.E., who was then the engineer qualifier for Respondent. i 9, Respondent's employees sent out hundreds of reports under the seal of y Shirish Rajpathak, P.E. that had not been prepared or produced by him of nce his responsible charge. 10. Section 471.023, Florida Statutes, provides for certificates offauthorization to be issued so that a licensed professional engineer can provide engineeding services through a business entity. Subsection one (1), of that section provides, bart, that “Nothing in this section shall be construed to mean that a license to practite engineering shall be held by a business organization”. | 11. Section 471.023(5), Florida Statutes provides that sc action shall FEMC v. SCA Engineering and Cnskt 2004036818 2 Apt 46 cu de et Fax sent by : 8505210521 FL BOARD €4-28-86 8B: 16 Pg: 4 t oy be administered against a business organization in the same manner andion the same grounds as against a licensed engineer. 12. Rule 61G15-19.001(6)(j), Florida Administrative Code, proviiles that misconduct in the practice of engineering includes affixing his seal and/ot signature ta plans, specifications, drawings or other documents required to be sealed pursuant to 471.025(1), Florida statutes, when such document has not been personally prepared by the engineer or prepared under his responsible supervision, direction and control, 13. Based on the foregoing, Respondent violated Section 471.033(1 (9), Florida Statutes, by misconduct In the practice of engineering. ‘ COUNT TWO Fj ) 14. Petitioner realleges paragraphs one (1) through six (6), andlten (10) through twelve (12), as if fully set forth in this Count Two, } 15. From on or about August 16, 2004 through on or about D 2004, Respondent sent out reports with the seal and electronic signature} f Oscar G. DiPineres, P.E., who was then the engineer qualifier for Respondent. 16, Respondent's employees sent out hundreds of reports undef the seal of Oscar G. DiPineres, P.E. that had not been prepared or produced by him Fr under his i fi responsible charge. 17. Based on the foregoing, Respondent violated Section 471.043(1)(9), Florida Statutes, by misconduct in the practice of engineering. WHEREFORE, the Petitioner respectfully requests the Board of Profssional Engineers to enter an order imposing one or more of the following penalties: | FEMC v. SCA Engineering and Caslt 2004036818 3 4/8 mpl £0 4Uem eet Fax sent by : 8585218521 FL BOARD 84-28-86 88:16 Pg: S/8 | permanent revocation or suspension of the Respondent’s license, restriction of the Respondent's practice, imposition of an administrative fine, Issuance of a répnimand, 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__§ day of LD Ltater, , 2605. p \ Paul J. Martin, re { fond. | By: Bruce A. Ca atl Florida Bar No, 191863 2507 Callaway Road] Suite 200 Tallahassee, Florida {82303-5267 Ph. (850) 521-0500! Fax (850) 521-0521 ! SCA Engineering and Consulting, Inc., Case 2004036818 PCP: November 10, 2005 Le D PCP Members: Seckinger, Burke, Matthevs Department of Business dha Professional Regulation AGENGY CLERK ! CLERK San ody XZ. ey ne oar__12-}- 2008 FEMC v. SCA Engineering and Cnsit 2004036818 4

Docket for Case No: 06-001540