Mar 2 2010 14:02 MAR-@2-201@ 14:54 From:85@ Set @521 Pase:c0/35 FILED Oeparemect of Suctnes ann Profesional Requition 0 os ~L Deputy Agency Clerk | \ CLERK Brandon Nichols Ome 8/12/2009 Files STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FILED FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Flonda Enginoers Mansa Corporation a Petitioner, DATE v FEMC Case Nos. 200806332] & 2008044429 |_AWRENCE BENNETT, P.E, Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida [ingineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hercinafter referred to as “Petitioner,” and files this Administrauve Complaint against LAWRENCE BENNETT, P.E., hercinafter referred lo as “Respondent”. This Administrative Complaint is issued pursuant to Sectians 120.60 and 471.038, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to Scction 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the following: FACTUAL ALLEGATIONS APPLICABLE TO FEMC CASE NUMBER 2008044429 and CASE. NUMBER 2008063321 1. Petitioner, Florida Board of Protessional Engineers, is charged with regulating the j practice of engineering pursuant to Chapter 455, Mlorida Statutes. This complaint is filed by the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner. FEMC is charged Mar 2 2010 14:02 MAR-@2-2818 14:54 From:85@ Sel @S21 Pase:21735 with providing administrative, investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Scction 471.038, Florida Statutes (1997) 2. Respondent is, and has been at all times material hereto, a heensed professional engincer in the State of Florida, having been issued license number PE 16644. Respondent's last known address is PO Box 214368, S Daylona, FL 32121 4368. FACTUAL ALLEGATIONS APPLICABLE TO FEMC CASE NUMBER 2008063321 3 During May 2007, Respondent sealed, signed aud dated structural engineering documents thal were used iu applications for building permits trom St. Jolms County for the following swimining pvol sercen enclosure projects: A Uumpbrey Project (1524 Rarrington Circle, Saint Augustine)-4 drawings indicated as Pages 1 of 25 thru 4 of 25 for Permit 410803009. B. Kaczwara Project (124 N. Church Hill Drive, Saint Auguslinc)-4 drawings indicated as Pages | of 25 thru 4 of 25 for Permit 410803836. C. Truncetto Project (1852 Keswick (the Royals), Saint Augustine)-4 drawings indicated as Pages | of 25 thru 4 of 25 for Permit #10803837 FRPE¥ Lawrence Bennett, PE Case Nos 2008062371 2008091429 MAR-@2-2@18 14:55 4. Mar 2 2010 14:02 From:85@ S21 @521 D. LeCalsey Project (1225 RedclifY Lane (Kensington), Saint Augustine)-4 drawings indicated as Pages | of 25 thru 4 of 25 tor Permit #10803838 Page:22735 Respondent's cngineering documents for the Jlumphrey Project are materially deficient as follows: A. Design stresses in the 2x7 SMB mansard roof beam element exceed the appropriate allowablic stresses for the material of construction al Plorida Building Code prescribed loading. The stress interaction ratio calculated in accordance with 2005 Aluminum design Manual (ADM) equation 4.4-2 ~ 3.732. The maximum calculated value allowed for cquation 4.4-2 1s 1.0. B. Design stresses in the 2x5 SMB wall column element exceed the appropriate allowable stresses for the material of construction at Florida Building Code prescribed loading. The Stress interaction ralio calculated in accordance with 2005 ADM equation 4.4-2 — 5.891. The maximum calculated value allowed for equation 4.4-2 is 1.0. C. The design tensile force in the 1/8” diameter stainless steel bracing cables cxcceds the typical manufacturer’s published breaking strength for the cable at Florida Building Code prescribed loading. FPL v Lawrence Bennett, Ph , Case Nos 200K6332). 20080dady MAR-@2-281@ 14:55 Mar 2 2010 14:03 From:85@ 521 @521 Pase:23/35 Respondent's engineering documents for the Kaczwara Project are materially deficient as follows: 6. A. Design stresses in the 2x7 SMB mansard root beam element excced the appropriate allowable stresses for the material of construction at Florida Building Code prescribed loading. ‘The stress interaction ratio calculated in accordance with 2005 ADM equation 4 4-2 = 3.419. The maximum catculated valuc allowed for equation 4.4-2 is 1.0 B. Design stresses in the 2x5 SMB wall column clement exceed the appropriate allowable stresses for the material of construction at Florida Building Code prescribed loading. The Stress interaction ratio calculated in accordance with 2005 ADM equation 4 4-2 = 5.950. The maximum calculated valuc allowed tor equation 4 4-2 is 1.0. on The design tensile force in the 1/8" diameter stainless stecl bracing cables exceeds the typical manutacturer’s published breaking strength for the cable at Florida Building Codec prescribed loading. Respondent's cngineering documents for the Truncctto Project are materially deficient as follows FRPL v. Lawrence Genacll, PE. Case Nos 2008063321, 2008044429 MAR-@2-2818 14:55 7. Mar 2 2010 14:03 From:85@8 S21 @S21 A. Design stresses in the 2x7 SMB mansard roof heam clement exceed the appropriate allowable stresscs for the matcrial of construction at Florida Building Code prescribed loading. The Stress mleraction ratio calcwated in accordance with 2005 ADM equation 4.4-2 -- 2.517. The maximum calculated value allowed for equation 4.4-2 is 1.0 B. Design stresses in the 2x5 SMB wall column clement exceed the appropriate allowable stresses for the maternal of construction at Florida Building Code prescribed loading. The stress interaction ratio calculated in accordance with 2005 ADM equation 4.4-2 — § 226. Vhe maximum calculated valuc allowed for equation 4 4-2 is 1.0. Cc. The design tensile force in the 1/8” diameter stainless stccl bracing cables cxceeds the typical manufacturer's published breaking strength for the cable (with a minimally appropriate factor of safety of 1.5) at Florida Building Code prescribed loading. Pase:24735 Respondent’s cngineering documents for the Lecalsey Proyec! are materially deficient as follows: A Design stresses in the 2x8 SMB mansard roof beam element excecd the appropriate allowable stresses for the material TBPE v. Lawrence Bennetl, PF, Casc Nos 2008063321, 2008041129 Mar 2 2010 14:03 MAR-@2-2@1@ 14:55 = From:85@ S21 @521 Pase:25/35 of construction at Flonda Building Code prescribed loading. ‘The stress mleraction ratio calculated in accordance with 2005 ADM equation 4.1.1-1 — 1.168. The maximum calculated value allowed for equation 4.4-2 is L.0. B. Design stresses in the 2x6 SMB wall column element exceed the appropriale allowable stresses for the material of construction at Florida Building Code prescribed loading. The suess interaction ratio calculated in accordance with 2005 ADM cquation 4.4-2 = 8.380. The maximum calculated vulue allowed for equation 4.4-2 is 1.0. FACTUAL ALLEGATIONS APPLICABLE TO FEMC CASE NUMBER 2008044429 8. In February 2007, a new sunroom was being added to an existing residcnee located at $235 Venice Way, NF, Saint Petersburg. Florida. During construction, some existing wood posts were removed and new 4x4 alummum posts were added. It was determined by the Samt Petersburg Building Inspector's office that “additional” post connection requirements were needed and that “enginecring recommendations” would be required for those connections. 9. Respondent, on February 28, 2007, provided a signed and sealed detail (“Post to Existing Wood Beam & Concrete Slab) to address (he request of the Saint Petershurg Building Inspector’s office regarding the aluminum post connections. The detail included the following verbiage: “Note: This is a[n] “As Built” drawing to certify the work already performed (2 places typical).” PRPE v Lawrence Bennett, Pi Case Nas 2008063321. 2008144429 6 Mar 2 2010 14:03 MAR-@2-281@ 14:56 = From:85@ 521 @521 Pase:26/35 10 Respondent’s “certification” staled that “the plans and specifications have been designed toa comply with the applicable structural portions of Florida Building Code 2004. [Respondent] also certiffied] the structural components, systems and related elements provide adequate resistance to wind loads and forces specilied by these plans.” ll. By certifying the “As Built” condition of the structure, Respondent certified that the structure was not only designed in accordance with applicable code requirements but also was constructed to be in material compliance with all such standards 12. Respondent's signed and scaled “As Built” detail drawing was “acceplcd” by the Saint Petersburg Building Inspector’s office and that office’s subscquent inspection of project (March 2, 2007) resulted in an “approved” status. [lowever. approximately 3 months later, the homeowner experienced water intrusion issucs (Icaks). 13 Upon further inspection, the information contained on Respondents “As Built” detail was found to be materially in error, as follows. A. Respondent’s “As Built” detail specified 1/4”. thick connection angles, however, the angles were found to be 1/8” thick B. Respondent's “As Built” detail required all “concrete screw anchors” to be placed a minimum spacing of 2” trom edge of concrete slab edge, however, the anchors were found to be 1” from edge of slab. PAPE v Lawrence Renned PE Cuse Nos 2U08163421. 2008044429 MAR-G2-2018 14:56 14, Mar 2 2010 14:04 From:85@ Sel @521 Cc Respondent’s “As Built” detail (top of post) shows wood lag screws into wood hcam above. The actual condition, however, discovered on site was that Cedar trim was placed directly above the post such that the wood screws werc required to “pass thru’ the Cedar trim member, thus reducing the screws’ penctration into (structural) wood beam. D. Respondent’s “As Built” detail specified (2) connection angles required at the top and bottom of the new posts, however, it was discovered that, at the bottom of the North post, outy (1) connection angle had been uscd. E At the top of the South post, it was discovered that the top connection was not actually made as shown on Respondent's “As Built” detail, The connection was actually made through the drywall, into the furrmy strips bchind (i.e. the connection was made to non-structural members) Page:2?735 Based upon the discrepancies listed in Paragraph 13 between the actual condition of the construction and the information containcd on Respondent’s “As Built” detail, it is clear that the actual connections of the aluminum posts do not correspond with the signed and sealed “As Built” certification provided by Respondent for those same conncctions. The connector dcticiencies discovered (and listed herein in Paragraph 13) materially decrease, (or possibly void entircly), the structural capacity of the connections. FHPE v. Lawrence Rernett, PE Case Nox 2008063321. 2008044429 Mar 2 2010 14:04 MAR-@2-2818 14:56 From:85@ Se1 @521 Page:28/35 COUNT L(FEMC CASE # 2008063321) 1S. Petitioner realleges and incorporates Paragraphs one (1) through seven (7) as if fully set forth in this Count 1. 16. — Section 471.033(1)(g), Florida Statutes. provides that an engineer is subject to discipline for engaging in negligence in the practice of enginccring. Rule 61G15-19.001(4), Fla. Admin Code, provides that negligence constitutes “failure by a professional engmeer to utilize due care in performing in an enginccring capacity or failing lo have due regard for acceptable standards of engineering principles.” 17. Ag set forth in Paragraphs (3)-(7) above, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, by sealing, signing and dating engineering documents thal were issued and filed for public record when such documents were materially deficient in respect to and not in compliance with applicable code requirements or acceptable engineering principles. 18 Bascd on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engayiny in negligence in the practice of cngincering. COUNT LL (REMC CASE # 2008044429) 19. Petitioner realleges and incorporates Paragraphs One (1) through Two (2) and Fight (8) through Thirteen (13) as if fully set forth in this Count 1 20 Section 471.033(1)\(g). Florida Statutes, provides that an engineer is subjcct to discipline for engaging in negligence in the practice of engineering. Rule 61G15-19.001(4), Fla FRPE v Lawrence Tennett, Pb. Case Nos. 2008063374 2008044429 Mar 2 2010 14:04 MAR-@2-281@ 14:56 From:85@ 521 @521 Page:29/735 Admin Code, provides that neglizence constitutes “failure by a professional enginecr to utilize due care in performing im an enginecring capacity or laibng ta have duc regard for acceptable standards of enginecring principles.” 21 As set forth in Paragraphs (8)-(13) above, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, by sealing, signing and dating enginccring documents that were issued and filed for public record when such documents were materially deficient in respect lo and not in comphance with applicable code requirements or acccptable cnginccring principles. 22. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(y), Florida Statutes, by engaging in negligence in the practice of enginccring. WHEREFORE. the Petitioner respectfully requests the Board of Professional Engineers to cnter an order imposing one or more of the following penalucs: 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 prosecution of this casc, other than costs associated with an attorncy’s time, as provided for in Secon 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropriate. FRPC v. Lawrence Bennett. PE. Cuse Nos 2008003521, 2008044429 10 Mar 2 2010 14:04 MAR-@2-281@ 14:57 From:8S@ Sel @521 Page: 30735 " steneD this 07 day ot hu Guat— 2009. Carric Flynn Lxecutive Director BY. John Rimes Prosecuting Atlomey \ COUNSIHI. FOR FEMC: John Rimes III Prosecuting Attorney Flonda Lingineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassce, Florida 32303 Florida Bar No. 0063540 JR/sm PCP DATL: July 14, 2009 PCP Members: Rebane, Charland, Halyard CERTIFICATE Ol SERVICE Thereby certify that a copy of the foregoing was furnished to LAWRENCI. BENNE IL, PE. PO BOX 214368 § DAYIONA. FL 32121, by certified mail, on the / 3 Lepr tdoos, n Jj Rimes, III FRPEv Lawicnee Hennetl PL Case Nox 2008063321. 2108044429

Docket for Case No: 10-001054PL