FILED Florida Engineera ‘ FILED corporation aa JAN 27 2015 / Is ROLE emery foerey Cok CO £ ee eg a CLERK —_Evelie Lawson-Proctor 112712015 Clerks! x “STATE OF FEQRIDA “FLORIDA BOARD OF PROFESSIONA ENGINEERS ee FLORIDA BOARD OF PROFESSIONAL: ENGINEERS, Petitioner, Vv. FEMC Case No. 2013028827 MICHAEL ALAN ROBINSON, PE., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint against MICHAEL ALAN ROBINSON, P.E. 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; 1. Petitioner, Florida Board of Professional Engineers (‘‘Petitioner,” “Board,” or “FBPE”), 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). Page 1 of 5 2. Respondent, MICHAEL ALAN ROBINSON, P.E. (“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 28317. Respondent’s last known address is 921 Shadow Drive, Suite 3, Lakeland, Florida 33809. 3. On or about June 18, 2013 Respondent signed, sealed, and dated structural engineering documents for the engineering of an aluminum screen enclosure to be constructed at 3 Bay Terrace Lane, Oklawaha, FI., (“Bloxom Project”). 4. The Structural Engineering Documents for the Bloxom Project signed and sealed by Respondent are materially deficient insofar as Respondent failed to clearly indicate the location, nature, and extent of the proposed work as is required by Section 106.1.1 and Rule 61G15-30.003(1), Fla. Admin. Code, and failed to describe, detail, and define the structure’s components and assemblies as is required by Rule 61G15-31.002(5), Fla. Admin. Code, and Sections 1604.4 and 1604.8 of the 2010 Florida Building Code. Specifically, the Structural Engineering Documents for the Bloxom Project: A. Did not provide adequate details for the corner post attachments. B. Did not provide adequate details for the gusset plate attachments. C. Did not provide adequate details for the cable support and anchors. 5. The Board has adopted Responsibility Rules of Professional Engineers (“Responsibility Rules”). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, Fla. Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. Rule 61G15-30.002(1), Fla. Admin. Code, mandates that Respondent, as the Engineer of Record, is professionally responsible for the eterna renner FBPE v. Michael Robinson, P.E.,; Case No.: 2013028827 Page 2 of 5 Administrative Complaint documents prepared for the Bloxom Project. As such, Respondent is responsible for producing documents that comply with the applicable portions of the Responsibility Rules. 6. Respondent acted as Structural Engineer of Record for the Bloxom Project as that term is defined in Rule 61G15-31.002(1), Fla. Admin. Code. As such all structural documents prepared, signed, sealed, and dated by Respondent must contain the information set out in Rule 61G15-31.002(5), Fla. Admin. Code, as is mandated by Rule 61G15-31.001, Fla. Admin. Code, setting out the General Responsibility standards for engineers designing structures. The plans and specifications for the Bloxom Project fail to contain this information and thus fail to comply with the Responsibility Rules. 7. Section 471.033(1)(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), Fla. Admin. Code, provides that negligence constitutes “failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.” 8. Rule 61G15-19.001(4), Fla. Admin, Code, provides that “(fJailure 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.” 9. The Respondent’s drawings, specifications, and calculations for the Bloxom Project contain deficiencies including; but not limited to, those set forth in Paragraph Four (4). As a result, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by sealing, signing, and dating engineering FBPE vy. Michael Robinson, P.E.,; Case No,: 2013028827 Page 3 of 5 Administrative Complaint documents that 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. 10. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by being negligent 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 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 that the Board deems appropriate. SIGNED this Ae th day of _ January _, 2015. Zana Raybon Executive Director (\_ BY: John J. Rimes, ITI Pro: Ruling Attomey COUNSEL FOR FEMC: John J, Rimes, II, Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP: January 13, 2015 PCP Members: RODDENBERRY, MATTHEWS & PEPPER ne EEEENEEEEIEET spear terra FBPE y, Michael Robinson, P.E.,; Case No.: 2013028827 Page 4 of 5 a en a Oe Dae ae CERTIFICATE OF SERVICE I HEREBY CERTIFY that a filed copy of the foregoing Administrative Complaint was furnished to Michael Alan Robinson, P.E., at his address of record in the Department of Business and Professional Regulation Licensee Database of 921 Shadow Drive, Suite 3, Lakeland, FL 33809, by U.S, Certified Mail on this 7 /!* day of _January_, 2015 Fe sumytgpao9p ane momen npc emncaneneademememmnerememnereemennemerado nen ener rmrenmenrenrensearenmepreyvepmammimtntmnesmnediemmemmneseenRe ER ae FBPE v. Michael Robinson, P.E.,: Case No.: 2013028827 Page 5 of S ddminictentina Comnlaions

Docket for Case No: 15-002022PL