STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEE! O&-OST PL Carey FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2007031230 NICHOLAS W. NICHOLSON, P.E., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as “Petitioner,” and files this Administrative Complaint against, Nicholas W. Nicholson, 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, Florida Board of Professional Engineers, is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This complaint is filed by the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner. FEMC is charged with providing administrative, investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). 2. Respondent, Nicholas W. Nicholson, P.E., is and has been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 37862. Respondent’s last known address is 7468 Horse Lake Road, Brooksville, Florida 34601. 3. Respondent, Nicholas W. Nicholson, on August 23, 2005, sealed, signed, and dated an cight (8)-page document entitled “Geotechnical Investigation Report” (Report) for a residence owned by the Escamilla family located at 2911 Saturn Road, Brooksville, Florida. The Report addressed subsurface conditions at the Escamilla residence and opined on the cause of and appropriate remediation for certain structural distress at the Escamilla residence. 4, The Report was produced on the letterhead of an entity called “All Coast Engineering, Inc. (All Coast), and bore the signature of the Director of Operations of All Coast, Art Dillman, The Report asserted that All Coast possessed a Certificate of Authorization from the Board (COA # 8229). Although bearing the signature and seal of Respondent, the engineering opinions and recommendations expressed in the Report were specifically stated to be those of All Coast presumably operating through the professional engineering license granted to Respondent Nicholson. 5. On February 28, 2005, All Coast’s Certificate of Authorization (#8229) became delinquent under the provisions of Section 455.271, 471.017, and471.023, Florida Statutes, for failure to renew the Certificate. As such, All Coast was precluded from offering and providing engineering services and Respondent was precluded from sealing and signing engineering documents such as the Report on behalf of All Coast. Moreover, Respondent, who had acted as the qualifying engineer for All Coast from June 2001 to August 2004, knew or should have known that the Report could not legitimately be issued by All Coast when that firm’s Certificate of Authorization was in delinquent status. FBPE vs. Nicholas W. Nicholson, P.E. 2 Case 200703 1230 6. Section 471.031 (1)(e), through Section 471.033(1)(a),Florida Statutes, provides that “{u]s[ing] or attempt[ing] to use a license that has been ...placed on ...delinquent status” is a basis for disciplining an engineer’s license. Additionally, Section 471.033(1)(i), Florida Statutes, similarly provides that “[p]racticing on a ...delinquent license” is grounds for discipline. By sealing and signing the Report on behalf of AJl Coast while All Coast’s Certificate of Authority was delinquent, Respondent violated both of these statutes. 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 Respondents’ license or certificate, restriction of the Respondents’ practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondents 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. pe SIGNED this if day of _h/us Vuh , 2007. F | L E D . Carrie Flynn "7 i lation ‘i . Department ot Business and Professional Regu Executive Director DEPUTY CLERK Wa A creme Preerdnt Michele ( i DATE - 200 BY: John J. Rimes Pkosecuting Attorney . FILED COUNSEL FOR FEMC: Florida Enginelirs Management Corporation Clerk John J, Rimes CLERK Prosecuting Attorney DATE r pee FBPE vs. Nicholas W. Nicholson, P.E. 3 Case 200703 1230 Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP: November 15, 2007 PCP Members: Burke, Seckinger jrimes@fbpe.org CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Nicholas Nicholson, P.E., c/o Dominic C. MacKenzie, Holland & Knight, LLP, 50 North Laura Street, Suite 3900, Jacksonville, Florida 32202-3622, by certified mail, on the of , 2007. FBPE vs. Nicholas W. Nicholson, P.E. 4 Case 200703 1230

Docket for Case No: 08-000651PL