FILED Florida Engineers Management Corporation 08/01/2018 Clerk: Rebecca Valentine STATE OF FLORIDA ABOARD OF PROFESSIONAL ENGINEERS CLERK vette Lawson-Proctor Date 8/1/2018 File # FILED Department of Business and Professional Regulation Deputy Agency Clerk FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2017021082 CARL H. SCHROR, P.E., Respondent, 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 CARL H. SCHROR, 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: 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). 2. 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 56564. Respondent’s last known address is Post Office Box 421214, Summerland Key, Florida 33042. 3 On or about May 17, 2015 Respondent sealed, signed and dated engineering design plans for two swimming pools at Tarpon Harbour, a residential subdivision with “over 100 apartments” located at 6973 Overseas Highway in Marathon, Florida (Tarpon Harbour Project). 4. The Tarpon Harbour Project pools were designed as residential Private Pools and the design documents confirm that the design complied with the applicable Florida Building Code- Building (FBC-B) Section 454.2, for “Private Swimming Pools.” However, the Tarpon Harbour Project pools were intended to service over 100 apartments in the Tarpon Harbour residential subdivision, and in order to meet applicable code and design standards the Tarpon Harbour Project pools were required to have been designed as “Public Pools” in accordance with FBC-B Section 454.1, “Public Swimming Pools and Bathing Places.” 5s Respondent, at the time that the design documents for the Tarpon Harbour Project pools were completed and signed, sealed and dated, either knew or should have known that the pools were intended to serve the over 100 apartments in the Tarpon Harbour residential subdivision. As a result, Respondent should have refused to design the Tarpon Harbour Project pools as Private Swimming Pools and should have designed the pools as “Public Pools” in accordance with FBC-B Section 454.1. Notwithstanding this fact, Respondent, at the direction of the pool contractor, designed the Tarpon Harbour Project pools as Private Swimming Pools, not Public Pools, and issued sealed, signed and dated engineering design documents which were intended to be submitted for issuance of building permits. 6. Utilizing Respondent’s erroneously designed engineering plans, the swimming pools for the Tarpon Harbour Project were constructed in July 2016. However, when the constructed pools were inspected by the Florida Department of Health in August 2016, the Department required major modifications to the constructed pools to be performed before an FBPE ys. Carl H. Schror, P.E., Case No. 2017021082 operating permit would be issued insofar as the pools did not comply with FBC-B Section 454.1, “Public Swimming Pools and Bathing Places.” 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. By designing the Tarpon Harbour Project swimming pools as “Private Swimming Pools” not as “Public Pools” and by issuing sealed, signed and dated engineering drawings reflecting that fact which were intended to be filed for building permit and construction, Respondent did not utilize due care in the practice of engineering and did not have due regard for acceptable engineering standards. 9. Based upon the foregoing deficiencies, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by sealing and signing engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent did not exercise due care in the design of the final engineering documents for the Tarpon Harbour Project pools and the documents were not issued in compliance with acceptable engineering standards. 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 FBPE vs. Carl H. Schror, P.E., Case No. 2017021082 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 SO _ day of_ Vix Qu 2018. Zana Raybon Executiye Director . Rimes, IIT COUNSEL FOR FEMC: John J. Rimes, III Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/rv PCP DATE: July 18, 2018 PCP Members: MATTHEWS, DRURY & ALBERGO CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Carl H. Schror, P.E. at C-Schror Design Service, PO Box 421214, Summerland Key, Florida 33042, by certified mail and First Class U.S. Mail, on the 2D of 2 2018. ire c delat. Rebecca Valentine, Paralegal FBPE vs. Carl H. Schror, P.E., Case No. 2017021082

Docket for Case No: 18-005546PL