FILED FILED Department of Business and Professional Regulation Deputy Agency Clerk Florida Engineers Management Corporation 07/29/2019 Clerk: Rebecca Valentine ORIDA BOARD OF PROFESSIONAL ENGINEERS STATE OF FLORIDA CLERK Evette Lawson-Proctor Date 7/29/2019 File # FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2018057617 CARLTON G. FORBES, 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 CARLTON G. FORBES, 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). 2s 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 20699. Respondent’s last known address is 1520 NW 107 Drive, Pompano Beach, Florida 33065. 5 The Board has adopted Responsibility Rules of Professional Engineers (“Responsibility Rules”). These Rules are contained in Chapters 61G15-30 to 61G15-36, Fla. Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. 4, 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.” 5: Rule 61G15-19.001(4), Fla. Admin. Code, also 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.” 6. Rule 61G15-30.002(1), Fla. Admin. Code, mandates that Respondent, as the engineer of record for all engineering work delineated in the Specific Allegations, is professionally responsible for the documents prepared. As such, Respondent is responsible for producing documents that comply with the applicable portions of the Responsibility Rules. Te Respondent acted as the Structural, Electrical and Mechanical (Plumbing & HVAC) Engineer of Record for the (1) New Home for Capital Green Development Co., 631 NW 19th Ave., Pompano Beach, Florida; dated 9-26-16, Signed and Sealed 06/08/17; latest revision 10/10/17. (Capital Green Project) and the (2) New Home for Oney Santibanez, 433 NE 14th Ave., Fort Lauderdale, Florida; dated 10-21-16, Signed and Sealed 3/15/17; latest revision 3-21-17 (Santibanez Project), as that term is defined in Rules 61G15-30.002(1), 61G15-31.002(2), 61G15-33.002(1) and FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 61G15-34.002(1), Fla. Admin. Code. As such, all engineering documents prepared, signed, sealed and dated by Respondent must contain the information set out in Rule 61G15-30.003(1): When prepared for inclusion with an application for a general building permit, the Documents shall meet all Engineer’s Responsibility Rules, set forth in Chapters ...61G15-33, and 61G15-34, F.A.C., and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of the Florida Building Code[FBC], adopted in Section 553.73, F.S., and applicable laws, ordinances, rules and regulations, as determined by the Agency Having Jurisdiction (AHJ). The Documents shall include: (a) Information that provides material specifications required for the safe operation of the system that is a result of engineering calculations, knowledge and experience. (b) List Federal, State, Municipal, and County standards, codes, ordinances, laws, and rules, with their effective dates, that the Engineering Documents are intended to conform to. (c) Information, as determined by the Engineer of Record, needed for the safe and efficient operation of the system. (d) List engineering design criteria; reference project specific studies, reports, and delegated Engineering Documents. (e) Identify clearly elements of the design that vary from the governing standards and depict/identify the alternate method used to ensure compliance with the stated purpose of these Responsibility Rules. 8. The Florida Building Code (2010) — Building (FBC-B) Section 107.2.1 “Information on construction documents” states: “Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations,...” FBC-B Section 2701.1 “Scope” states: “This chapter governs the electrical components, equipment and systems used in FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the NFPA 70, National Electrical Code (NEC).” 9. FBC-B Section 2801.1 “Scope,” states: Mechanical appliances, equipment and systems shall be constructed, installed and maintained in accordance with the Florida Building Code, Mechanical (FBC-M). FBC-B Section 107.3.5 “Minimum plan review criteria for buildings” states: The examination of the documents by the building official shall include the following minimum criteria and documents: Mechanical: 2. Exhaust systems: Kitchen equipment exhaust. 5. Make-up air. 9. Combustion air. 10. FBC-B Section 2901.1 Scope, states: “Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Florida Building Code, Plumbing (FBC- P).” FBC-B Section 107.3.5 “Minimum plan review criteria for buildings” states: The examination of the documents by the building official shall include the following minimum criteria and documents: Plumbing: (a) Equipment schedules for all plumbing fixtures, water heaters, boilers, pumps, grease traps, septic tanks, storage tanks, expansion tanks, compression tanks and roof and floor drains. (c) Potable Water isometric diagrams with pipe sizes and total water fixture units.(d) Sanitary riser diagrams with pipe sizes and total sanitary waste fixture units.(e) Storm riser diagrams with pipe sizes and cumulative drain area square footages.(f) Cold water, hot water, sanitary, and storm drainage piping layouts. (i) List of ASHRAE, ASME, ASPE, ANSI and other applicable codes, design standards and requirements. 11. Rule 61G15-33.001 “Responsibility Rules of Professional Engineers Concerning the Design of Electrical Systems” “General Responsibility” states in material part that: “Electrical Engineering documents shall be prepared in accordance with applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engineer of record FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 for the electrical systems project. Electrical Engineering documents shall demonstrate compliance with the requirements of the applicable codes and standards... .” 12. Rule 61G15-33.003(2) “Design of Power Systems,” requires in material part that “Electrical Engineering Documents applicable to the design of electrical power systems shall, at a minimum, indicate the following: a) Power Distribution Riser Diagram with short circuit values. (c) Circuit interrupting devices and fault current interrupting capability. (d) Location and characteristics of surge protective devices. (f} Voltage drop calculations for the feeders and customer- owned service conductors... . (1) Record documents applicable to power systems shall, at a minimum, contain information as required by Florida Building Code. 13. Rule 61G15-33.004(2) "Design of Lighting Systems," requires that Electrical Engineering Documents applicable to the design of lighting systems shall, at a minimum, indicate the following: (e) Calculated values to demonstrate compliance with the Florida Energy Code for Building Construction. 14. FBC-B Section 2801.1 “Scope,” states: Mechanical appliances, equipment and systems shall be constructed, installed and maintained in accordance with the Florida Building Code, Mechanical (FBC-M). FBC-B Section 107.3.5 “Minimum plan review criteria for buildings” states: The examination of the documents by the building official shall include the following minimum criteria and documents: Mechanical 2. Exhaust systems: Clothes dryer exhaust. 3. Equipment 5. Make-up air 8. Ventilation 9. Combustion air. 15. Rule 61G15-34 “Mechanical Systems” Section 61G15-34.001 “General Responsibility” states in material part: Mechanical Engineering Documents shall be prepared in accordance with the applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engineer of Record for the mechanical systems project. Mechanical Engineering FBPE vs, Carlton Forbes, P.E., Case No. 2018057617 documents shall demonstrate compliance with the requirements of the applicable codes and standards 16. Rule 61G15-34.003(4) “Design of Heating, Ventilation and Air Conditioning (HVAC) Systems,” requires that Mechanical Engineering Documents pertaining to HVAC systems... . shall indicate the following: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. (b) Equipment selection schedule for each piece of mechanical equipment. All equipment shall have capacities listed including efficiencies, electrical or fuel requirements, static pressure and fan air quantities as applicable to the system, .. . .(d) Outside (fresh) air make-up conditions. (e) Cooling coil requirements based on sensible heat, latent heat and total heat gains. (g) Outside and inside design dry and wet bulb conditions. (k) Condensate discharge piping layout with pipe sizes. (m) Ductwork layout and sizing; and outside air intake sizes. (n) All data needed to complete the Florida Energy Code calculations as applicable. 17. FBC-B Section 2901.1 “Scope,” states: Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Florida Building Code, Plumbing (FBC- P). 18. Rule 61G15-34 “Mechanical Systems” states that construction documents shall... . define the required mechanical systems, including plumbing components, processes, equipment and material . . . Rule 61G15-34.007(2) “Design of Plumbing Systems,” requires that Mechanical Engineering Documents applicable to Plumbing Systems shall when applicable, include but are not limited to the following: (a) Equipment schedules for all plumbing fixtures, water heaters, ... . (c) Potable Water isometric diagrams with pipe sizes... .(d) Sanitary riser diagrams with pipe sizes and total sanitary waste fixture units. (e) Storm riser diagrams with pipe sizes and cumulative drain area square footages. (f) Cold water, hot water, sanitary, and storm drainage piping layouts. (i) List of ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers), ASME FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 (American Society of Mechanical Engineers), ASPE (American Society of Plumbing Engineers), ANSI (American National Standards Institute) and other applicable codes, design standards and requirements. () All plumbing fixtures, valves, pumps, tanks, accessories, specialties, enclosures, and such equipment shall be described and located on the drawings. ELECTRICAL DESIGN DOCUMENTS Capital Green Project 19. Respondent’s Electrical Engineering Design Documents for the Capital Green Project are materially deficient as follows: (a) Drawing Sheet E1 contains an Electrical Riser Diagram for the dwelling but no short circuit values and no voltage drop calculations for the feeders and customer-owned service conductors. These omissions constitute violations of Rule 61G15-33.003(2)(a) and (f). (b) Circuit interrupting devices are shown on the panel schedule (on Sheet E1), but there are errors involved with the circuit breakers serving the indoor Air Handling Unit or A/C Heat Strip and the outdoor Condensing Unit Compressor. The panel schedule specifies a 50 amp, 2 pole (50/2) breaker serving the A/C Strip Heat (10kW) and a 50/2 breaker serving the A/C compressor. The mechanical schedule on Sheet M1 specifies the Strip Heater to be 7.5 kW and a 1/3 HP fan at 240 volts, single phase and the outdoor condensing unit amperage to be 18 Full Load Amps (FLA). These mechanical specifications calculate circuit interrupting devices to be 45 amps, 2 pole (45/2 breaker) for the strip heater (vs. 50/2 in schedule) and a 25/2 breaker (vs. 50/2 in schedule) for the outdoor compressor unit. This clearly shows a lack of engineering coordination between the electrical sheet E1 and mechanical sheet M1. Both of these sheets are signed and sealed by Respondent. Further, there is no mention on Electrical Sheet E1 related to fault current interrupting capability. The incorrect specification of current interrupting capacity (circuit breakers) and the absence of addressing fault current interrupting capability constitutes a violation of Rule 61G15-33 .003(2)(c). FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 (c) No surge protective devices are shown on the drawings. This constitutes a violation of FAC Responsibility Rule 61G15-33.003(2)(d). (d) The electrical drawings do not contain complete information as required by the FBC. FBC-B Section 107.3.5 "Minimum plan review criteria for buildings" states: The examination of the documents by the building official shall include the following minimum criteria and documents: Electrical: branch circuits, overcurrent protection, wiring methods and materials, Sheet E1 states that NEC 2008 210.12 requires that all new circuits in bedrooms are to be Ark (Arc) Fault Protected. The NEC (2008 and 2011 Editions) require AFCI (Arc-Fault Circuit Interruption) for all receptacles in" ... dwelling unit family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways, or similar rooms or areas... "Thus, Respondent should have specified code-compliant AFCI protection for many other living spaces in addition to bedrooms. The incorrect sizing of circuit breakers [see (b) above] and the lack of adequately specifying dwelling spaces for which AFCI protected receptacles are required to be specified constitute a violation of Rule 61G15- 33.003(2)(1). (e) The Electrical Drawing does not state specific codes, rules or ordinances to which the Electrical systems must comply. Electrical Note 1 on Sheet E1 states as follows: All electrical work shall conform to the latest revision of the N.E.C. and local governing codes. This absence of specific applicable code violates Rule 61G15-30.003(1)(b). Santibanez Project 20. | Respondent’s Electrical Engineering Design Documents for the Santibanez Project are materially deficient as follows: (a) The Electrical drawing Sheet E1 contains an Electrical Riser Diagram but the drawing contains no short circuit values and no voltage drop calculations for the feeders and customer- owned service conductors. These omissions constitute violations of Rule 61G15-33 .003(2)(a) and (f). FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 (b) There is no mention on the Electrical Sheet El addressing the fault current interrupting capability for the circuit interrupting devices (circuit breakers). The absence of addressing fault current interrupting capability constitutes a violation of Rule 61G15-33.003(2)(c). (c) On sheet Al the AC condensing unit (CU) is located near the pool equipment and served from a pool sub-panel. No GFCI receptacle is shown to be installed at the CU, as required by NEC 210.63 for servicing HVAC equipment. This code requires a GFCI receptacle to be located within 25 feet of the equipment. This omission constitutes a violation of NEC 210.63. (d) No surge protective devices are shown on the drawings. This omission constitutes a violation of Rule 61G15-33 .003(2)(d). (e) The lighting design drawings contain no calculated values to demonstrate compliance with the Florida Energy Code for Building Construction. These omissions constitute a violation of Rule 61G15-33 .004(2)(e). (63) The Electrical Drawing does not state specific codes, rules or ordinances to which the Electrical systems must comply. Electrical Note 1 on Sheet E1 states as follows: All electrical work shall conform to the latest revision of the N.E.C. and local governing codes. Notes on Electrical Sheet El reference both NEC 2008 and 2011 Editions. Sheet El states that NEC 2008 210.12 requires that all new circuits in bedrooms are to be Ark (ARC) Fault Protected. The NEC (2008 and 2011 Editions) require AFCI (Arc-Fault Circuit Interruption) for all receptacles in". . . dwelling unit family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways, or similar rooms or areas..." Respondent should have specified code-compliant AFCI protection for many other living spaces in addition to bedrooms. This absence of specific applicable code violates Rule 61G15-30.003(1)(b). FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 MECHANICAL (HVAC) DESIGN DOCUMENTS Capital Green Project 21. | Respondent’s Mechanical (HVAC) Engineering Design Documents for the Capital Green Project are materially deficient as follows: (a) The HVAC drawing (M1) does not contain adequate information for the AHJ (Authority Having Jurisdiction) to determine compliance with codes and ordinances. General Note - HVAC No. 01 states as follows: All work shall conform to the latest edition of the standard building code and applicable state and local ordinances. A separate note on sheet M1 states: "Code in effect: 2014 Florida Building Code." These omissions, the lack of reference to the applicable codes, and conflicting statements violate Rule 61G15-34.003(4)(a). (b) A partial air conditioning equipment schedule is shown on Sheet M1 for the air handling unit and condensing unit. The drawing does not contain equipment capacities including static pressure, cooling coil requirements based on sensible heat, latent heat and total heat gains, nor outside (fresh) air make-up conditions. These omissions constitute violations of Rule 61G15-34.003(4)(b, d, and e). (c) Ductwork is shown on the drawings, but no duct is shown for outside air intake. The absence of outside air intake duct on the drawings constitutes a violation of Rule 61G15- 34.003(4)(m). Santibanez Project 22. Respondent’s Mechanical (HVAC) Engineering Design Documents for the Santibanez Project are materially deficient as follows: (a) The HVAC drawing (M1) does not contain adequate information for the AHJ (Authority Having Jurisdiction) to determine compliance with codes and ordinances. General Note- HVAC No. 01 states: All work shall conform to the latest edition of the standard building code and FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 10 applicable state and local ordinances. FBC-B Section 107.3.5 "Minimum plan review criteria for buildings" states: The examination of the documents by the building official shall include the following minimum criteria and documents: Mechanical 1. Energy calculations 5. Make-up air 9. Combustion air. The HVAC drawing (Sheet M1) contains no Energy calculations and no make-up air or combustion air calculations. These omissions and the lack of reference to the applicable codes constitute violations of FBC-B 107.3.5 and Rule 61G15-34.003(4)(a). (b) Air conditioning equipment schedules, shown on Sheet M1 for the new air handling unit and condensing unit, are incomplete. The drawing does not contain cooling coil requirements based on sensible heat, latent heat and total heat gains, outside and inside design dry and wet bulb conditions, nor outside (fresh) air make-up conditions. These omissions constitute violations of Rule 61G15- 34.003(4)(d), (e) and (g). (c) Condensate discharge piping layout is not shown on the drawings. The omission of condensate discharge piping layout violates Rule 61G15-34.003(4)(k). (d) | Ductwork layout and sizing are shown on the HVAC drawing, but no duct is shown for outside air intake. The absence of outside air intake duct on the HVAC drawing constitutes a violation of Rule 61015-34.003(4)(m). (e) The mechanical drawings do not contain all data required to complete the Florida Energy Code calculations, as required by the FBC-B, Chapter 13. The absence of all data required to complete the Florida Energy Code calculations constitutes a violation of Rule 61G15-34.003(4)(n). MECHANICAL (PLUMBING) DESIGN DOCUMENTS Capital Green Project 23. Respondent’s Mechanical (Plumbing) Engineering Design Documents for the Capital Green Project are materially deficient as follows: FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 (a) No plumbing equipment schedule is included on Plumbing Sheet P1. Except for the tankless water heater, there are no specifications of plumbing fixtures or other equipment. This omission of a complete plumbing fixture schedule constitutes a violation of Rule 61G15-34.007(2)(a). (b) — Plumbing drawing Sheet P1 does not contain a potable cold water isometric diagram; total water fixture units are not shown on the drawing. The omission of a potable water riser and total water fixture units constitutes a violation of Rule 61G15-34.007(2)(c). (c) A sanitary waste isometric diagram is shown; however, total flow waste fixture units are not shown on the drawing. The omission of total water fixture units constitutes a violation of Rule 61G15-34.007(2)(d). (d) No storm water riser diagrams are shown on the drawings. No area drainage calculations are shown on the drawings. The omission of a storm water riser diagram and area drainage calculations constitutes a violation of Rule 61G15-34.007(2)(e). (e) Piping Materials Note 1 on Sheet P1 states: "Sanitary waste from house to septic tank shall be PVC ...” However, the Plumbing Plan (also on Sheet P1 shows sanitary waste drawing" to sewer." This project apparently has no septic tank. (f) The Plumbing sheet P1 contains sanitary drainage piping layouts, but no cold water, hot water or storm drainage piping layouts. The omission of cold water, hot water and storm drainage piping layouts constitutes a violation of Rule 61G15-34.007(2)(f). (g) No list of applicable plumbing codes, design standards or requirements is shown on the drawings. The omission of applicable codes, design standards and requirements constitutes a violation of Rule 61G15-34.007(2)(i). (h) The Plumbing Drawing does not state specific codes, rules or ordinances to which the plumbing systems must comply. Plumbing Note 1 on Sheet P1 states as follows: The engineer certifies to the best of his knowledge, all work depicted is in accordance with the Florida FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 12 Building Code. Installation shall comply with Standards therein. This absence of specific applicable code violates Rule 61G15-30.003(1)(b). Santibanez Project 24. Respondent’s Mechanical (Plumbing) Engineering Design Documents for the Santibanez Project are materially deficient as follows: (a) No equipment schedule is provided. Plumbing Sheet P1 contains fixture flow rates, but no specifications for fixtures, valves, accessories, enclosures and such equipment. This omission of a complete plumbing fixture schedule and material/equipment specifications constitutes violations of Rule 61G15-34.007(2)(a) and (1). (b) No potable cold or hot water service riser diagrams are shown on drawing Sheet P1. Total water fixture units are not shown on the drawing. The omission of water riser diagrams and the omission of total water fixture units constitutes a violation of Rule 61G15-34.007(2)(c). (c) A sanitary waste isometric diagram is shown; however, total flow waste fixture units are not shown on the drawing. The omission of total water fixture units constitutes a violation of Rule 61G15-34.007(2)(d). (d) No storm water riser diagrams are shown on the drawings. No area drainage calculations are shown on the drawings. The omission of a storm water riser diagram and area drainage calculations constitutes a violation of Rule 61G15-34.007(2)(e). (e) The Plumbing sheet P1 contains sanitary drainage piping layouts, but no cold water, hot water or storm drainage piping layouts. The omission of cold water, hot water, and storm drainage piping layouts constitutes a violation of Rule 61G15-34.007(2)(f). FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 () No list of applicable plumbing codes, design standards or requirements appears on the drawings. The omission of applicable codes, design standards and requirements constitutes a violation of Rule 61G15-34.007(2)(i). COUNT I ELECTRICAL DESIGN DOCUMENTS- Capital Green Project 25. Petitioner realleges and incorporates Paragraphs One (1) through Nineteen (19) as if fully set forth in this Count One. 26. Respondent’s electrical engineering drawings for the Capital Green Project contain deficiencies including; but not limited to, those set forth in Paragraph Nineteen (19). As a result of those 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 electrical engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Capital Green Project and (2) the final engineering documents for the Capital Green Project were not issued in compliance with acceptable engineering principles. 27. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by being negligent in the practice of engineering. COUNT Il ELECTRICAL DESIGN DOCUMENTS- Santibanez Project 28. Petitioner realleges and incorporates Paragraphs One (1) through Eighteen (18) and Twenty (20) as if fully set forth in this Count Two. 29. Respondent’s electrical engineering drawings for the Santibanez Project contain deficiencies including; but not limited to, those set forth in Paragraph Twenty (20). As a result of those deficiencies, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 14 Rule 61G15-19.001(4), F. A. C., by sealing and signing electrical engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Santibanez Project and (2) the final engineering documents for the Santibanez Project were not issued in compliance with acceptable engineering principles. 30. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by being negligent in the practice of engineering. COUNT III MECHANICAL (HVAC) DESIGN DOCUMENTS-Capital Green Project 31. Petitioner realleges and incorporates Paragraphs One (1) through Eighteen (18) and Twenty-One (21) as if fully set forth in this Count Three. 32. | Respondent’s mechanical (HVAC) engineering drawings for the Capital Green Project contain deficiencies including; but not limited to, those set forth in Paragraph Twenty-One (21). As a result of those 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 mechanical (HVAC) engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Capital Green Project and (2) the final engineering documents for the Capital Green Project were not issued in compliance with acceptable engineering principles. 33. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by being negligent in the practice of engineering. FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 1S COUNT IV MECHANICAL (HVAC) DESIGN DOCUMENTS- Santibanez Project 34. Petitioner realleges and incorporates Paragraphs One (1) through Eighteen (18) and Twenty-Two (22) as if fully set forth in this Count Four. 35. | Respondent’s mechanical (HVAC) engineering drawings for the Santibanez Project contain deficiencies including; but not limited to, those set forth in Paragraph Twenty-Two (22). Asa result of those 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 mechanical (HVAC) engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Santibanez Project and (2) the final engineering documents for the Santibanez Project were not issued in compliance with acceptable engineering principles. 36. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by being negligent in the practice of engineering. COUNT V MECHANICAL (Plumbing) DESIGN DOCUMENTS-Capital Green Project 37. Petitioner realleges and incorporates Paragraphs One (1) through Eighteen (18) and Twenty-Three (23) as if fully set forth in this Count Five. 38. Respondent’s mechanical (plumbing) engineering drawings for the Capital Green Project contain deficiencies including; but not limited to, those set forth in Paragraph Twenty-Three (23). As a result of those 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 mechanical (plumbing) engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final FBPE vs. Carlton Forbes, P.E., Case No. 2018057617 16 engineering documents for the Capital Green Project and (2) the final engineering documents for the Capital Green Project were not issued in compliance with acceptable engineering principles. 39. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by being negligent in the practice of engineering. COUNT VI MECHANICAL (Plumbing) DESIGN DOCUMENTS- Santibanez Project 40. _ Petitioner realleges and incorporates Paragraphs One (1) through Eighteen (18) and Twenty-Four (24) as if fully set forth in this Count Five. 41. Respondent’s mechanical (plumbing) engineering drawings for the Santibanez Project contain deficiencies including; but not limited to, those set forth in Paragraph Twenty-Four (24). As a result of those 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 mechanical (plumbing) engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Santibanez Project and (2) the final engineering documents for the Santibanez Project were not issued in compliance with acceptable engineering principles. 42. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., 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 FBPE vs, Carlton Forbes, P.E., Case No. 2018057617 provided for in Section 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this_Q.°__ day of Sud) ,2019. Zana Raybon 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 17, 2019 PCP Members: MATTHEWS, FLEMING & DRURY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Carlton Forbes, P.E. at 1520 NW 107 Drive, Pompano Beach, Florida 33065, by certified mail and First Class U. S. Mail, on the of » 2019. Rebecca Valentine, Paralegal FBPE vs. Carlton Forbes, P.E., Case No. 2018057617

Docket for Case No: 19-005668PL