Mar 9 2010 14:47 MAR-B9-e81e 15:39 From:65@ Sel @5e1 Page: cea FILED Bupa unent of Susiness ann Professkmal Repulationt Deputy Agency Clerk CLERK Branden Nichols Date 12/1/2009 File # STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FILED FLORIDA BOARD OF PROFESSIONAL Florida Engineers Management Corporation FNGINEERS, , «eer uenenXur _ DATE Petitioner, V. FEMC Case No. 2009040973 BRUCE E. HOLMES, P.E., Respondent, ADMINISTRAYVIVE 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 BRUCE F. HOI.MES, P_E., hereinafter referred to as “Respondent”. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Klorida 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). Mar 9 2010 14:48 MAR-B9-281e 15:48 From:65@ Sel @5e1 Page:co"S3 2, Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of l’lorida, having been issued license number PE 22801, Respondent’s last known address is 14494 Peace River Way, Palm Beach Gardens, FL. 3. On May 6, 2009, Respondent signed, sealed and dated an engineering report entitled “Review of Bracken Report dated April 24, 2009 Supplemental Investigation and Findings 6240 Hollows LN, Delray BCH 33484 (Report).” 4, The Report was issued under the letterhead of “Holmes Enterprises” with underlying nomenclature description of services rendered as “Inspection and Contract Services.” 5. “Holmes Enterprises” is a fictitious name registered with the Florida Department of State, Division of Corporations (Division). The name has been registered with the Division since November 30, 2003. Respondent is listed as the owner of the fictitious name. 6. Section 471.023(2), Florida Statutes, provides that “[fJor the purposes of [Section 471.023], a certificate of authorization shall be required for any business organization or other person practicing under a fictitious name, offering engineering services to the public.” 7. By issuing the Report while utilizing the fictitious name “Holmes Fnierprises,” Respondent was “practicing” and “offering” engineering services lor and to the public. As such, he was required to obtain a certificale of authorization from the Board. 8. No certificate of authorization has ever been applied for or issued to “Ifolmes Enterprises” by the Board. 9. By using the fictitious name “Holmes Linterprises” while offering or providing engineering services to the public, Respondent has violated the provisions of Section 471.033(1)(a) by violating the provisions of Scetion 471.023(2), Florida Statutes. In addition, Respondent, as the owner of the fictitious name “Tlolmes Enterprises,” failed to comply with the PBPE v. Bruce Holmes. 2... Case No, 2009010973 br Mar 9 2010 14:48 MAR-B9-281e 15:48 From:65@ Sel @5e1 Page: 3853 requirement to obtain a certificate of authorization which is set out in Section 471.023(2), Florida Statutes. By failing to obtain a certificate of authorization while being the owner of the fictitious name “[Jolines Enterprises” Respondent has violated Section 455.227(1)(k), Florida Statutes, by “[lJailing to perform any statutory or Icgal obligation placed upon a licensee.” 10. Based on the foregoing, Respondent is charged with violating Section 471.033(1) (a), Florida Statutes, and Section 455.227(1)(k). Florida Statutes. WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposing one or more of the following penaltics: 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 attorney's Lime, as provided for in Section 455.227(3), Florida Statutes, and/or any other rclicf that the Board deems appropniate. r bh fyyjin , SIGNED this > i day of Nine nee. , 2009, Carrie Flynn Executive Director BY: Jo imes Pyos¢cuting Attorney FBPE v. Bruce Holmes, PF, Case No. 2009040973 Mar 9 2010 14:48 MAR-B9-281e 15:48 From:65@ Sel @5e1 Page: 31°53 COUNSEL FOR FEMC: John Rimes Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 lallahassee, Florida 32303 Florida Bar No. 212008 JR/sm PCP DATE: November 17, 2009 PCP Members: Rebane, Charland, Halyard CERTIFICATE OF SERVICE __ pdnnas FBRLE v. Bruce Holmes, P.E., Case No. 2009040973

Docket for Case No: 10-001159PL