FILED

0el)ilrtme<1l of lluMeu and Prnfessional Regulation

Deputy Agency Clerk

CLERK Evette Lawson-Proctor

Date 10/4/2012

File#

STATE OF FLORIDA

FLORIDA BOARD OF PROFESSIONAL ENGINEERS

FLORIDA BOARD OF PROFESSlONAL ENGINEERS,

Petitioner,

v.

OLIVER TURZAK, P.E.,

Respondent,

- - - - - - - - - - - - - - I

FEMC Case No. 2011032162

FILED

Plorlda Engineers Management

Corporation

OCT O 4 2012

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 tiles this Administrative Complaint against OLIVER TURZAK, 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 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 administrative, investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997).

1. Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 18230. Respondent's last known address is 5405 Water Street, New Port Richey, FL 34652.

2. On April 20, 2008 Respondent sealed signed and dated a Settlement Stabilization Plan for the Fish Residence located at 11251 Knotty Pine Dr., New Port Richey, Florida (Fish Residence Project).

3. Respondent's engineering documents for the Fish Project are materially deficient

   
   

   as follows:

   
   

   1. The spacing of the anchors along the exterior walls exceeds the capacity of the existing footing to span between the new anchors and support the loads from above. Additionally, the plans do not indicate the locations of doors and windows. Moreover, at the locations where the anchor is located under a door or window there is inadequate support to properly transfer the loads from above to the anchor. As such the design is structurally inadequate.

   2. The two details indicate "Faststeel" as a manufacturer but there is no specific product information, product identification number or strength of materials. The drawing also lacks the design loads and criteria used in the design. The drawing lacks reference to the applicable codes and standards the design is based upon.

4. On June I 0, 2008 Respondent signed sealed and dated an engineering opinion

   
   

   lener (Letter) which was addressed and sent to Champion Foundation Repair, the entity that was Respondent's client for the Fish Residence Project. The Letter stated in material part:

   [Respondent], whose signature appears below, has verified placement of the twenty­ seven (27) exterior piers and twenty-give (25) interior jack pins as located on the

   drawings by the same job number. The piers all achieved sufficient lo a·d bearing

   characteristics to transfer the house weight to the piers and to close cracks substantially

   
   

   FBPE vs. Oliver Tur4k. P.E.. Case No. 2011032162

   
   

   and stabilize the foundation. The remediation program was developed according to geological data supplied by Central Florida Tesling Laboratories, Inc. dated November 2007.

   
   

   Similar pier reports on numerous structures with similar problems have demonstrated long term success without additional settlement.

   
   

   Therefore, it is the opinion of [Respondent] that the location has been repaired and stabilized and further, that the isno evidence of new sinkhole activity at the location.

   
   

   In compliance with Florida Statute 627.707, the report and remediation program was prepared under the supervision of a Registered Professional, whose field of expertise is a Geo-Technical Engineer.

   
   

5. In fact, and despite what is explicitly stated in the Letter, no "verify[cation]" of the implementation of the "remediation program" was ever performed for the Fish Residence Project by Respondent (or by persons acting under Respondent's supervision) nor had the site "been repaired" insofar as the remediation work on the Fish Residence Project site was never completed.

6. The Board has adopted Responsibility Rules of Professional Engineers

   
   

   (Responsibility Rules). These Rules are contained in Chapter 6IG15-30 to Chapter 61015-36, Fla. Administrative· Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules.

7. Rule 6 I G15-30.002(1 ), F. A. C., mandates that Respondent, as the structural

   
   

   engineer of record, is professionally responsible for the documents prepared for the Fish Residence Projec!. As such, Respondent is responsible for producing a document that complies with the applicable portions of the Responsibility Rules.

8. Respondent acted as Engineer of Record for the Structure for the Fish Residence

Project as that term is defined in Rule 61015-30.003 (I) and Rule 61G15-31.002(1), F. A. C. As such all structural documents prepared, signed, sealed and dated by Respondent must contain the

FBPE vs. Oliver Turi.Ilk, P.F..• Case No. 20\ 1032162

infonnation set out in Rule 61G 15-31.002(5), F. A. C., as is mandated by Rule 61G15-31.001, F.

A. C.. setting out the General Responsibility standards for engineers designing structures. The structural document for the Fish Residence Project fails to contain this information and thus fail to comply with the Responsibility Rules.

I 0. Section 471.033( I )(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61G15-19.001(4), F. A. C., 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 principles."

1. Rule 61G 15-19.001(4) also provides that "[f]ailure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shall be considered as non-compliance with this section unless the deviation or departures therefrom are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer."

2. Respondent's June \0, 2008 Letter is an engineering "certification" as that tenn is defined in Rule 61G15-18.011 (4), Florida Administrative Code, ("a statement signed and/or sealed by a professional engineer representing that the engineering services addressed therein, as defined in Section 471.005(6). F.S., have been performed by the professional engineer, and based upon the professional engineer's knowledge, information and belief, and in accordance with commonly accepted procedures consistent with applicable standards of practice,... "). "Certifications" are subject to the standards set out in Rule 6 IG 15-29.001 which require that if an engineer is presented with a "certification" that"...involve[s] m tters which are beyond the

   
   

   FBPE vs. Oliver Turzak. P.E.• Case No. 2011032162

   
   

   engineer's scope of services actually provided... " that the engineer must " ... (b) decline to sign such certification."

3. Section 471.033( I )(a), Florida Statutes, provides that an engineer is subject to discipline for "[vJiolating ... IaJ rule of the [BJoard "

4. Section 471.0JJ(l)(e), Florida Statutes, provides in material part that a professional engineer is subject to discipline for" [m]aking or filing a report or record that

   the licensee knows to be false... " when the report is" signed in the capacity of a licensed

   
   

   engineer."

   
   

5. Rule 61G15-19.001(6)(b), Florida Administrative Code, provides that: "[a] professional engineer shall not commit misconduct in the practice of engineering. Misconduct in the practice of engineering as set forth in Section 471.033(1)(g), F.S., shall include, but not be limited to:... [b]eing untruthful, deceptive, or misleading in any professional report, statement, or testimony whether or not under oath or omitting relevant and pertinent information from such report, statement or testimony when the result of such omission would or reasonably could lead to a fallacious conclusion on the pan of the client, employer or the general public."

   
   

   COUNT ONE

   
   

6. Petitioner realleges Paragraphs One (1) through Four (4) and Seven (7) through Ten ( I 0), as if fully alleged in this Count One.

7. The Respondent's engineering documents for the Fish Residence Project contain deficiencies including; but not limited to, 1hose set forth in Paragraph 4. Respondent violated the provisions of Section 47l.033(1)(g), Florida Statutes, and Rule 61G 15-19.001(4), F. A. C., by sealing, signing and dating engineering documents that were issued and filed for public record

   
   

   FRPE vs. Oliver Tunak, P.E., Case No. 201 \Oll162

   
   

   when such documents were materially deficient in that Respondent did not exercise due care in the practice of engineering prior to issuing such documents and that Respondent issued

   engineering documents that were not in cornplianc with applicable code requirements or acceptable engineering principles.

8. Based on the foregoing, Respondent is charged with violating Section 471.033(1 )(g), Florida Statutes, and Rule 6 IG15-19.001(4), F. A. C., by being negligent in the practice of engineering.

   COUNT TWO

   
   

9. Petitioner realleges Paragraphs One (I) through Two (2), Five (5) through Six (6), and Twelve (12) through Fifteen (15) as if fully alleged in this Count Two.

10. By signing, sealing and issuing the Letter discussed in Paragraphs Five (5) and

    
    

    Six {6), when the material facts stated in the Letter relating to the implementation of the remediation plan for the Fish Residence Project were untrue and the successful completion of the remediation plan had never taken place, Respondent committed misconduct in the practice of engineering in violation of Section 471.033( I )(g) , Florida Statutes and Rule 61G 15-

    19.00 l (6)(b). Additionally, by signing, sealing and issuing the Letter discussed in Paragraphs Five (5) and Six. (6), Respondent signed a false report in violation of Section 471.033(l)(e), Florida Statutes.

11. Moreover, based upon the facts set forth in Paragraphs 5 and 6, Respondent failed

    
    

    to comply with the requireme11ts of Rule 61G 15-29.001 by not declining to sign the Letter and then by issuing the Letter to Respondent's client.

12. Based on the foregoing, Respondent is charged with violating Section 47l.033(1)(g), Florida Statutes, by committing misconduct in the practice of engineering by

    
    

    FBPE vs. Oliver Tur,,.ak. P.E.. Case No. 20I IOJ2162

    
    

    Rule 61Gl5-19.001(6)(b) and by violating Section 471.033(1)(e), Florida Statutes, by issuing a false report which was signed in the capacity of a professional engineer.

13. Based on the foregoing, Respondent is charged with violating Section

471.033(1 )(g), Florida Statutes, by "[v)iolating ... [a] rule of the [B]oard ... " as a result of failing to comply with the requirements of Rule 61G 15-29.00 t.

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 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

tA .

any other relief that the Board deems appropriate.

SIGNED this 2 day of Odo bef , 2012.

B . Rimes, III

P g Attorney

COUNSEL FOR FEMC:

John J. Rimes, III Prosecuting Attorney

Florida Engineers Management Corporation 2639 North Monroe Street, Suite 8-112

Tallahassee, Florida 32303

f lorida Bar No. 212008

fBPF. ,·s. Olivc:r "furnik. P. E.. Case No. 2011032162

JR/sm

PCP DATE: September 20, 2012 PCP Members: Hahn & Burke

Cl;RTIFICATE OF SERVICE

i '

I to John J. Rimes, Ill

I hereby certify that a copy of the foregoing was furnished to M()2J}hter TYf1ar._f - . 5405 Water Street, New Port Richey, FL 34652, by certified mail o the f 012.

FBPE vs. Oiivet Tumilc. P. .• Case No. 2011032162

Docket for Case No: 13-001470PL