May 1 2009 9:37 MAY-B1-2B69 89:35 From:65@ Sel @5e1 Page: 3¢8 STATE OF FLORIDA FLORIDA BOARD Ol’ PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, y. FUMC Case No. 2006016258 JULIAN R. COTO, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Fngincers, hereinafter referred to as “Vetitioner,” and files this Administrative Complaint against JULIAN R. COTO, 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 lo Section 120.57, Florida Statutes. In support of this complaint, Petiioner alleges the following: 1. Petitioner, Florida Board of Professional Engineers, is charged with regulating the practice of engineering pursuant to Chapter 455, Porida Statutes. This complaint is (led by the Nlorida Engineers Management Corporation (FEMC) on behalf of Petitioner. "EMC is charged with providing administrative, investigative, and prosccutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statules (1997). May 1 2009 9:37 MAY-B1-2B69 89:36 From:65@ Sel @5e1 Page: 4-°8 2. Respondent is, and has been al all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 33635. Respondent's last known address is 122 Wilshire Blvd., Casselberry, FI. 32707. 3. On or around April 2004, the Respondent entered into an agrcement with Catholic Charities to review and complete a thorough evaluation of the San Jose Mission Wastewater Treatment Facility. 4, On or around May 26, 2005, Respondent sent a letter to the Hillsborough County Water Department that stated the San Jose Mission Wastewater Treatment Facility had failed and created a health hazard and that the site docs not have the capacity to dispose of effluent from the existing connections. He further requested that the facility be connected to The Hillsborough County sewage system to help alleviate this situation. In the leticr Respondent estimated the total wastewater demand for the project would be 41,950 gallons per day. 5, On or around October 20, 2005, Respondent signed and sealed a Utihty Engineering Report (“Report”) that was submitted to [ilisborough County Planning & Growth Management for the proposed San Jose Mission apartment development. The Report stated that waslewater service for the proposed addition will be within the San Jose Mission Wastewater Treatment Facility’s existing capacity and would not have to be expanded. The Report calculated the total wastewater demand at 23,200 gallons per day. 6. On or around October 21, 2005, Respondent signed and scaled a set of construction plans for the San Jose Mission project. In Sheet 1 of 16 of the plans Respondent calculated the total wastewater demand at 18,000 gallons per day. FBPE ys, Julian R, Coto, P.2., Case No. 2006016258 May 1 2009 9:33 MAY-B1-2B69 89:36 From:656 S21 521 Page: COUNT1 7. Petitioner realloges and incorporates paragraphs one (1) through five (5) as if fully set forth in this Count T. 8. The Utility Engineering Report as signed and sealed by the Respondent for the San Jose Mission development undercounted the number of connection units in the calculations and used an unreasonably low low of 200 GPD per unit in the calculations in a deliberate attempt to creaic a corresponding estimate of total wastewater demand that would not necessitate changes to existing San Jose Mission Wastewater Treatment Facility. 9. Sheet 1-of 16 in the construction drawings which Respondent signed and scaled also contained calculations which were substantially different than those previously provided by Respondent in a deliberate attempt to creale a corresponding estimate of total wastewater demand that would not necessitate changes to existing San Jose Mission Wastewater Treatment Facilily. 10. Based on the foregoing, Respondent is charged wilh violating Section 471.033(1) (2), Florida Statutes, by engaging in fraud or deceit in the practice of engineering. 11. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if fully set forth in this Count I. 12. Sheets 10, 11, 14 and 14 of 16, for the San Jose Mission Site Development, dated October 21, 2005 and drafted and signed by Respondent and submitted to Hillsborough County, failed to contain Respondent's seal. 13. Florida Statute 471.025(1) says in pertinent part [*All final drawings, specifications, plans, reports, or documents prepared or issued by the licensee, and filed for the FBEF: vs. Julian R. Coto, PE., Case No 2OUGO 16258 May 1 2009 9:33 MAY-B1-2B69 89:36 From:65@ Sel @5e1 Pase:6°8 public record and all final documents provided to the owner or the owner's representative shall be signed by the licensee, dated and sealed with a seal. '] (emphasis added) 14. Based on the foregoing, Respondent is charged with violating Section 471.033(1) (a), Mlorida Statutes, by violating any provision of s. 455.227(10, s. 471.025 or 471.031, or any other provision of this chapter or rule of the board or department. WITEREFORL, the Petitioner respectfully requests the Board of Professional Engineers fo entct 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 o the investigation and prosecution of this casc, other than costs associated with an attorney’s time, as provided for in Section 455.227(3), Florida Statutes, and/or any other relicf that the Board deems appropriate. SIGNED this [4 A" day of Yah , 2008. Carrie Flynn Executive Director FILED Florida Engineers ‘eeooment Corporation \ : j BY\ Patrick Creehan Prosecuting, Attorney COUNSEL TOR FEMC: F | L E D Dapartment of Business and Professional Ragulation Patrick Crechan DEPUTY CLERK Prosecuting Attorney "1 . Florida Engincers Management Corporation CLERK Sicholt. 2507 Callaway Road, Suite 200 © - 2008 DATE BPE vs. Julian R Coto, BE, Case No. 2006016258 May 1 2009 9:33 MAY-B1-2B69 89:37 From:65@ Sel @5e1 Page: 7°28 Tallahassee, lorida 32303 Florida Bar No, 0003540 PCV PCP DATE: March 11, 2008 PCP Members: Rebane, Seckinger CERTIFICATE OF SERVICE I hereby cerlily that a copy of the foregoing was furnished to Julian R. Coto, P.E., 122 Wilshire Blvd., Casselberry, FL 33635, by certified mail, on the art, of /} Lael 2008. a ° — a 4 va } =< i A¢ ‘at PBPR vs. Julian R Cato, PE. Case No, 2006016258

Docket for Case No: 09-002322PL