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FLORIDA ENGINEERS MANAGEMENT CORPORATION vs FRED JONES, P.E., 08-006242PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-006242PL Visitors: 14
Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: FRED JONES, P.E.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Bradenton, Florida
Filed: Dec. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 29, 2009.

Latest Update: Dec. 25, 2024
Dec 16 2008 10:20 DEC-16-2665 11:18 From: 18585216521 Page: 12°37 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS MANAGEMENT CORPORATION, Petitioner, v. FEMC Case No. 2005026133 FRED C. JONES, 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 Fred C. Jones, 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 (1997). 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 54476. Respondent’s last known address is 915 29"" Avenue West, Bradenton, Florida 34205. Dec 16 2008 10:20 DEC-16-2665 11:18 From: 18565216521 Page: 13°37 3. The Respondent is the Engineer of Record for a New Shop & Offices for Distinctive Surfaces project located in Sarasota, Florida, 4. On February 14, 2005, the Respondent signed and sealed Sheets 3 and 4; and on February 15, 2005, the Respondent signed and sealed Sheets 1 and 2, for the New Shop & Offices for Distinctive Surfaces project. COUNT ONE 3. Petitioner realleges and incorporates paragraphs one (1) through two (2) as if fully set forth in this Count One. 6. The Respondent, in his design, did not address the site plan and parking requirements, occupancy group, type of construction, fire resistant construction requircments, fire suppression system, life safety system and occupancy load, as required by Section 104.3.1.1, Florida Building Code. 7. Based on the foregoing, the Respondent is charged with violating Section 471,033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering. COUNT TWO 8. Petitioner realleges and incorporates paragraphs one (1) through two (2) as if fully set forth in this Count Two, 9. The plans contain structural deficiencies; including but not limited to, the following: a. On Sheets ] and 4, the reinforcement of the concrete footings is inconsistent. b. The soil profile and the safe bearing capacity of the soil are not defined. ¢. The Respondent did not provide the design criteria of the superstructure, FEMC v. Fred C. Jones, P.E., Case # 2005026133 2 Dec 16 2008 10:21 DEC-16-2665 11:18 From: 18585216521 Page: 14°37 10. Based on the foregoing, the Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering, WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers lo 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 prosccution 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 1* day of __ fucrpenk 2005. COUNSEL FOR FEMC: D Douglas D. Sunshine L E fessional Requiation Prosecuting Attorney Department ot Busine Cl Florida Engineers Management Corporation DEPU 2507 Callaway Road, Suite 200 NV Ahichole Tallahassee, Florida 32303 fanardon ' 2 K Florida Bar No. 935263 CLER "- B- 2005 DDSitb DATE PCP: July 14, 2005 PCP Members: Matthews, Tomasino, Seckinger FEMC y. Fred C. Jones, P.E., Case # 2005026133 3

Docket for Case No: 08-006242PL
Issue Date Proceedings
Jun. 29, 2009 Order Closing Files. CASE CLOSED.
Jun. 24, 2009 Notice of Substitution of Counsel filed.
Jun. 24, 2009 Motion to Cancel Hearing and to Close File filed.
May 28, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 17 through 21, 2009; 9:30 a.m.; Bradenton, FL).
May 22, 2009 Motion to Continue Hearing filed.
May 22, 2009 CASE STATUS: Motion Hearing Held.
Mar. 05, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 1 through 5, 2009; 9:30 a.m.; Bradenton, FL).
Mar. 02, 2009 CASE STATUS: Motion Hearing Held.
Feb. 27, 2009 (Proposed) Order on Motion to Continue Final Hearing filed.
Feb. 27, 2009 Motion to Continue Final Hearing filed.
Feb. 26, 2009 Notice of Transfer.
Dec. 17, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 10 through 12, 2009; 9:00 a.m.; Bradenton, FL).
Dec. 17, 2008 Order of Consolidation (DOAH Case Nos. 08-3967PL, 08-6238PL, 08-6239PL, 08-6240PL, 08-6241PL and 08-6242PL).
Dec. 16, 2008 Initial Order.
Dec. 16, 2008 Election of Rights filed.
Dec. 16, 2008 Administrative Complaint filed.
Dec. 16, 2008 Joint Motion for Continuance and to Reschedule Consolidated Hearing filed.
Dec. 16, 2008 Agency referral filed.
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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