FILED

Oe artment of Bt.mnes.s and Prcfessional -RegulatiOtl

Deputy Agency Clerk

CLERK Evelle Lawso roctor

Date 3/22/2011

File#

STATE OF FLORIDA

FLORIDA BOARD OF PROFESSIONAL ENGINEERS

FLORIDA BOARD OF PROFESSIONAL ENGINEERS,

Petitioner,

v. FEMC Case No. 2009017619

ABBAS BORUJERDI, P.E.,

Responden

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ADMINISTRATIVE 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 ABBAS BORUJERDI, P.E., hereinafter referred to as "Respondent." This Administrative Complaint is issued pursuant to Sections 120.60 and

471.038, Florida Statutes. Any proceedjng 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).

   
   

   (o

   
   

   
   

2. Respondent is, and has been at all times material heret.o, a licensed professional engineer in the State of Florida. having been issued license number PE 38553. Respondent's last known address is American Building Engineers, Inc., 5405 North State Road 7, Tamarac, Florida 33319-2921.

3. On or about June 16, 2005 Respondent sealed signed and dated engineering design documents for a 1ri-plex building to be located at 420 S. E. 18111 Court, Fort Lauderdale, Fl (Dreyer Project).

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

5. Notwithstanding the foregoing, both the Dreyer Project drawings (Sheets A·3, C· 1 and C-2) and the Fonn stated that the back (or rear) set-back for the Dreyer Project was 16.4

   feet.

   
   

6. A building permit was then issued by the City of Fort Lauderdale and

   
   

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

7. Section 471.033(l)(g), 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 utiliz.e

   FBPE vs. Abbas Borujerdi P.E.,Case No. 2009017619 2

   
   

   due care in perfonning in an engineering capacity or failing to have due regard for acceptable

   standards of engineering principles."

   
   

8. By failing to use the correct set-back information on the design drawings and other documents for the Dreyer Project Respondent failed to utili7.e due care in performing in an engineering capacity.

9. 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 requests the Board of Professional Engineers to enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent's license, restriction of the Respondenf s practice, imposition of an administrative fine, issuance of a repriman placement of the Respondent on probation, the assessment of com 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 that the Board deems appropriate.

SIGNED this J/ yof rfnard, • 2011.

BY:

Pro

Carrie Flynn Executive Director

FBPE YI. Abbas Bontjerdi P.E.. case No. 2009017619 3

COUNSEL FOR FEMC:

John J. Rimes, m

Prosecuting Attorney

Florida Engineers Management Corporation 2S07 Callaway Road, Suite 200 TallabaSSH" Florida 32303

Florida Bar No. 212008

JR/sm

PCP DATE: March IS, 2011

PCP Members: Charland, Rebane & Hahn

CERTIFICATE OF SERVICE

I ben:by certify lhaat copy of the fi>regoing ""8 lillnished 10  -    North

State Road 7, Tamarac, Florida 33319-2921, by certified mail, on th o Oil.

FBPE vs. Abbas Borujenli P.E., Case No. 2009017619 4

Docket for Case No: 11-005706PL