FILED

DepLrty Ag1:mcy Clt:1rk

CLERK Evetle Lawsol"I-Proctor

□,t • 3/22/2011

STATE OF FLORIDA

FLORIDA BOARD OF PROFESSIONAL ENGINEERS

I IL 1

FLORIDA BOARD OF PROFESSIONAL ENGINEERS,

Petitioner,

Florida Engineers M n gL ni: , L 1. ,)1 1

"",,,, Clerk

V, FEMC Case No. 20090176l9

ABBAS BORUJERDI, P.E.,

Respondent,

---------------'/

ADMINISTRATIVE COMPLAINT

COMES NOW the Florida Engineers ement Corpomtio11 (FEMC) <>n behalf of Petitioner, Florida Boani of Professional Engineers, hereinafter referred to as "Petitionert and files this Administrative Complaint against ABBAS BORUJERDI, P.E., hereinafter referred to as "Respondent." This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. An.y proceeding concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the following:

I. 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 adminislilltive, investigative, !Ind prosecutorial services to the Fk•rida Board of Profession$! Engineers pursuant to Section 411.038, Florida Statutes (1997).

1. Respondent is, and has been at all times material hereto, a licensed professional enginCCJ in the State of Florida, having been issued license number PE 38553. Respondent's last known address is American Building Engineers, Inc., 5405 North Slatl: Road 7, T811laI111.l,

   Florida 33319-2921.

   
   

2. On or about June 16, 2005 Respondent sealed signed and dated engineering design documents for a tri-plex building to be located at 420 S. E. 18111 Court, Fort Lauderdale, Fl (Dreyer Project).

3. On the Dreyer Project drawings (Sheet C-1) and in a document entitled "Property/Building Information Fo:nn" (Fonn) which he submitted to the local building department with the permit application for the Dreyer Project, Respondent corm;t.ly noted that the applicable zoning for the Dreyer Project was "RO." Respondent also correctly stated on the Dreyer Project drawings (Sheet C-1), that the applicable back (or rear) set-back for RO zoning was twenty (20) feet

4. Notwithstanding the foregoing, both the Dreyer Project drawings (Sheets A-3, C-

   l and C-2) and the Fonn stated that the back (or rear) set-back for the Dreyer Project was 16.4

   
   

   feel

5. A building permit was then issued by the City of Fort Lauderdale IU)d

   
   

   construction was begun on the Dreyer Project utilizing Respondent erroneous set-back information. Subsequently, and as a result of Respondent's set-back ert0r, the City of Fort Lauderdale stopped construction on the Dreyer Project

6. Section 471.033(1)(&), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61015-19.001(4), Fla. Admin Code, provides that negligence constitutes "failure by a professional engineer to utilize

   
   

   due care in perfonning in an engineering capacity or failing to have due regard for acceptable standards of engineering prin1,:iples,"

7. By failing to use the correct set-back information on the design drawings l!lld other documents for the Dreyer Project Respondent failed to utilize due care in performing in an engineering capacity.

8. Based on the foregoing, Respondent is charged with violating Section 471.033(1) (g), Florida Statutes, and Rule 61015-19.001(4), F. A. C., by engaging in negligence in the practice of engineering.

WHEREFORE, the Petitioner respectfully miuests the &am of Professional Engineers

to enter an order imposing one or more of the following penaltie. : permanent revocation or SW1pension 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 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 thnt the Board deemi; t1ppropriaw.

SIGNED this J/ g/..dayof rtrlard] , 201 I.

Carrie Flynn Executive Director

.

At

Rimes, III torney

COUNSEL FOR FEMC:

John]. Rimes, m

Prosecuting Attorney

Florida Engineers Management CoipOmtion 2507 Callaway Road, Suite 200

Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm

PCP DATE: March 15, 2011

PCP Members: Charland, Rcbane & Hahn

CERTIFICA1E OF SERVICE

I hereby certify that a copy of the foregoing was furnished to Abbas$rujerdi,,i:µ-"J North

State Road 7, Tamarac, Florida33319-2921, bycerti.fiedmail,onth ' 1, 1 of · l 011.

Docket for Case No: 11-002108PL