Jun 27 200? 14:56 Fax sent by : 9585218521 FL BOARD 66-27-87 13:41 Py: 11/17 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS | MANAGEMENT CORPORATION, Petitioner, v. . FEMC Case No. 200301 5397 CARLOS A. MULLER, P-E., Respondent. ADMINISTRATIVE COMPLAINT i Petitioner, Florida .Engineers Management Corporation, files this.) Administrative Complaint before the Board of Professional Engineers against Respondent, Carlos A. Muller, P.E. This Administrative Complaint is isswed pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding conceming this complaint shall be conducted purduant to Section | 120.57, Florida Statutes. In'support of this complaint, Petitioner alleges the following: 1. Petitioner is charged with providing administrative, intbatiativc, 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 20547. Respondent’s address of record is 9134 SW 6" Street, Miami, FL 33174. | “| : set hed op Saab fits ons ei SEM bh Jun 27 200? 14:56 Fax sent by : 9585218521 FL BOARD 66-27-87 13:41 Pg: 12/17 ! 1 1 3. In Janmary 2002, Respondent was employed by a property owner tolprovide engineering services.to help obtain 4 building permit for an existing building addition at 1805 SW 107" Avenue, Unit 2601, Miami, Florida (“The Addition”). | 4. The Addition:-had been constructed without necessary permits and) was subject to code enforcement proceedings, but the owner wished to bring it into compliatice pursuant to Miami-Dade County provisions for amnesty through professional certification that the property was built in compliance with applicable building codes 5. On or about January 24, 2002, Respondent signed and sealed 5 pages of drawings for The Addition depicting: 1. a schematic of the concrete walls and foundation; 2. a dimensioned site location: 3. placernent of electrical outlets; 4. a roof framing pla; 5. aroof and outside wall section: with slab, Each of the drawings contained the notation “Prepared by C. Muiler, P.E.” | 6. | On or about: January 28, 2002, Respondent signed and sealed a set of drawings showing the connection of The Addition to. the previously permitted unit. | 7. On-or about September 27, 2002, Respondent signed and sealed a certification ‘ that, based upon visual inspection, the stmuctural and envelope components of The Addition were built in compliance with the 2000 South Florida Building Code, and that the plans reflected the as-built condition of the fotmdation. 8, On of about December 20, 2002, Respondent signed and sealed ‘a certification including statements that’ reinforcing bars of the new columns were detected magnetically and soil excavation permitted fousdation verification for The Addition. 5 9. Onor about February 24, 2003, Respondent signed and sealed a certification that, “(T]he structure has. been’ built as per the plans submitted for permit apptoval and is in | | Carlos A. Matter, P.E., Case # 2005085397 . . 2 Jun 27 200? 14:57 Fax sent by : 9585218521 FL BOARD 66-27-87 13:42 Py: 13/17 ! 1 : f compliance with applicable codes and is in sound condition.” : 10, On or about February 22, 2005, Respondent orally repeated the, representation of the prior written submittals to building officials of Miami-Dade County who. were performing a follow-up investigation. | 11. On February 23,°2005,. inspection of The Addition by building officials j in the presence of the owner afid ‘Respondent revealed facts contrary to Respondent's plans and certifications including the following: | a. There is no existing footing as specified in the plans. The exteriar block wall is resting on the.ground; no footing or slab on grade was observed. | b. The existing rafters are 2-1/2” x 10”, spaced at 20” o.c., and installed contrary to the plans. Plans show the rafters installed in an east/west directions when, in fact, they run north/south. The rafters are fasted with one nail on each side, c. There is no concrete tie beam as specified in the approved plang, d. There is'no starter column as specified in the approved plans. | e . The existing foof deck is T 1 11, and not 5/8” plywood as seit in the approved plans. | f. The door header is made of two 2”x 4”’s placed side by side sai not as shown in the plans. 7 COUNT ONE 12. Petitioner reaileges paragraphs one (1) through eleven (11) and fuither alleges. 13. The plans signed arid sealed by Respondent on January 24, 2002,’ — the existing condition and construction of The Addition. | 14. By preparing plans contrary to existing fact Respondent “re in fraud or deceit in violation of Seétion 471,033(1\(g) Florida Statutes, and Rule 61Gi5-19,001(6)(b), Florida Administrative Code. Carlos A. Muller, 0:1, Cage # 2005615397 3 Jun 27 200? 14:57 Fax sent by : 9585218521 FL BOARD 66-27-87 13:42 Py: 14/17 f i i COUNT TWO ' 15. Petitioner fealfeges paragraphs one (1) through eleven (11) and further alleges. 16. The plans signed ’and sealed by Respondent on January 28, 2002, misrepresented , the existing condition and construction of The Addition. | 17. By preparing’ plans contrary to existing fact Respondent engaged in fraud ‘or deceit in violation of Section 471.033(1)(g) Florida Statutes, and Rule 61G15-19:001(6))), | Florida Administrative Code. ) COUNT THREE 18. Petitioner réalleges paragraphs one (1) through eleven (11) and faither alleges. 19, The certification signed and scaled by Respondent on September 3m, 2002, was false. 20. Based-on'the foregoing Respondent violated Section 471.03 3(1(e}, Florida Statutes, by making or filing:a record that the licensee knows to be false. COUNT FOUR ; 21. Petitioner realleges paragraphs one (1) through eleven (11) and fat alleges. 22. In the certifi¢ation signed and sealed by Respondent on December 20, 2002, statements, that réinfrcite bars had been detected magnetically and excavation had verified the | foundation, were false. 23. - Based on the foregoing Respondent violated Section 471 033(1)(@), Florida Statutes, by making or filing a record that ihe licensee. knows to be false. COUNT FIVE : 24. Petitioner réalleges paragraphs one (1) through eleven (11) and further alleges. | 1 1 i Carles A. Matter, PLE, Case # 2005015397 4 Fax sent bu false. Statutes, by making-or filing a record that the licensee knows to be false. i February 22, 2005, were false: | Jun 27 200? 14:57 : 8565216521 FL BOARD 66-27-87 13:42 Py: 15/17 i i 25, The certification signed and sealed by Respondent on February 24, 2003, was q i. 26. Based on the foregoing Respondent violated Section 471 .033(1e) Florida _ 1 COUNT SIX 27. Petitioner realleges paragraphs one (1) through eleven (11) and further alleges. t 28. The ofal. representations: spoken to officials of the building /department on 29. By making oral statements claiming that drawings and certifications were accurate, contrary to existing facts, Respondent engaged in fraud or deceit in violation of Section 471.033(1\g) Flotida Statutes, ‘and Rule 61G15-19.001(6)(b), Florida Administrative Code. WHEREFORE, the Petitioner respectfully requests the Board of Profesgional Engineers . } lo enter an‘ order imposing one or more of the following penalties: permaneitt 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 om 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. FILED y Department of Gusiness and Professional Regulation Paul J. Martin . x , : “a A a fof can eo Wey, ft Te A Ba yt PL 2 feb BY: Bruce A. Campbell SIGNED this 22 day of thas , 2005. DEPUTY Wildes Executive Director a era EAD ET HTS Manayement \ onpisaren \ Clerk { if ry i CuEPK, Rpreus | DATE is sel Case # 200501 5307 ! Prosecuting Attomey Jun 27 200? 14:58 Fax sent by : 9585218521 FL BOARD 66-27-87 13:43 Py: 16717 COUNSEL FOR FEMC: Bruce A. Campbell Prosecuting Attomey Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 | Florida Bar No. 191163 , ; BAC/ ; uc , PCP: January 19, 2006 i PCP Members: Matthews, Burke, Seckinger Carlos A. Mater, P-E., Case #200501 5397 6 se teay oH aU Gan ag haat baat tachi hi abe, ea SB

Docket for Case No: 07-002863PL