FILED ~." BIa1eu and '_lIl1qulltiOn

STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS

FLORIDA ENGINEERS MANAGEMENT CORPORATION,

Deputy Agency Clerk

CLERI< Brandon Nichols

Date 5/27/2010 File' 2010-04766

FILED Florida Engineers Management Corporation

Cieri(

Cl~oW~ DA~ £>1)-

Petitioner, FEMC Case Nos.: 2007050379, 2007068938 License No.: PE 64906

JOSEPH RICKm, P.E.

Respondent. ________________________ ~I

FINAL ORDER ADOPTING SEITLEMENT STIPULATION

THIS CAUSE came before the BOARD OF PROFESSIONAL ENGINEERS (Board) pursuant to

Sections 120.569 and 120.57(4), Florida Statutes, on April 8, 2010, in Tampa, Florida, for the

purpose of considering a stipulation (attached hereto as Exhibit A) entered into between the

parties in this cause on March 2S, 2010. Upon consideration of the stipulation, the documents

submitted in support thereof, the arguments of the parties, it is hereby:

ORDERED AND ADJUDGED that the stipulation as submitted be and is hereby adopted in

to and incorporated herein by reference. Accordingly, the parties shall adhere to and abide by

all the terms and conditions of the stipulation.

This Final Order shall take effect upon being filed with the Clerk of the Department of

Business and Professional Regulation.

1

DONE AND ORDERED til;/) 1~y of May, 2010, by the Florida Board of

Professional Engineers.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

furnished by u. S. Mail to Gavin Burgess, Esquire, Oertel, Fernandez, Cole & Bryant, P.A., 301

South Bronough Street, Suite 500, Tallahassee, Florida 32312 and by interoffice mail to Michael

T. Flury, Assistant Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050, and

John J. Rimes, Esquire, 2507 Callaway Road, Suite 200, Tallahassee, Florida 32303, th;~J day of ~!L , 2010.

'------

2

J

I I. I ; STATE OF FLORIDA

DMSION OF ADMINISTRATIVE HEARINGS

BOARD OF PROFESSIONAL ENGINEERS,

. - Petitioner, .

vs.

JOSEPH A. RICKEIT, P. E.,

Rospondent. I

DOAH Case No, 10-0271PL FEMC Case No.

SETILEMENT STIPULATION

JOSEPH A. RICKEIT, P .E., hereinafter referred to as "Respondent", and the Florida

Engineers Management COIpOration, hereinafter referred to as ''FEMC", hereby stipulate and

agrees to the following joint stipulation and Final Order of the Board, inCOIpOrating this

StipuIation in the above-styled manner.

STIPULATED FACTS

1. For all times pertinent hereto, Respondent was a licensed engineer in the State of

Florida, having been issued license number PE 64906.

2. Respondent was charged by an Administrative Complaint filed by the Florida

Engineers Management Corporation, and properly served upon ~~ with violations of

Chapters 471 and 455, Florida Statutes. A true and correct copy of the Administrative

Complaint is attached hereto and incorporated by reference as Exhibit A.

STIPULATED CONCLUSIONS OF LAW

1. Respondent, in his capacity 88 a licensed engineer, admits that in such capacity he

is subject to' provisions of Chapters 455 and 471, Florida Statutes, and the jurisdiction of the

Department, FEMC, and the Board.

I I ~

!

2. Respondent admits that the remaining facts set forth in the Administrative

Complaint, ifproven, constitute violations ofCbapters 4SS and 471, Florida Statutes, as alleged

in the Complaint Respondent neither admits nor denies the allegations in the Administrative

.. 'COmplaint: " .

STIPID...ATED DISPOSmON OF LAW

3. Respondent shall, in the future, comply with Chaptecs 471 and 455, Florida

Statutes, and the rules promulgated pursuant thereto.

4. Should Respondent fail to timely comply with the terms of the Final Order, 1his

case will be submitted to the Probable Cause Panel for review and determination of whether

disciplinary ·action should be taken.

S. In the investigation of this matter, FEMC has incurred investigatory costs in the

amount of $11 ,902.00. Respondent shalJ reimbmse FEMe for the 511,902.00 in monthly

payments of$330.61 over a three-year period, the:first payment of which is due within one

hundred eighty (180) days after the date that the Final Order adopting this Stipulation is tiled

with the Agency Clerk.

6. Respondent's license shall be placed on PROBATION for two years, and the

probation shall be STAYED until such time as Respondent resumes his practice engineering in

the State of Florida.

7. Upon detmnjning that he wishes to resume his practice of engineering practice in

Florida, Respondent shall notify FEMC in writing of that determination and of the date that

Respondent intends to recommence practice in Florida. However, Respondent must take and

pass the NCEES Structural! EUrn, and submit proof thereof to the Board office, prior to

resuming the practice of engineering in the State of Florida. Respondent shall then APPEAR

FBPE v.Joseph Rickett, P.E., Case No. 10-0271PL 2

1- ' --­I I

I I I

! ! I

before the Board at the most convenient Board meeting subsequent to the notification and prior

to Respondent having completed any engineering services in Florida.

8. Respondent acknowledges that neither his attendance at the Board Meeting when

thiS StiPulation is presented, nor any ooDt.imiiiJ.g education or College level courses taken as a

requirement of the tenns of this Stipulation may be used to comply with the continuing education

requirements of Chapter 61015-22, Florida Administrative Code.

9. Following fl?e BOARD APPEARANCE, Respondent shall be placed on

PROBATION for two (2) years with the following terms:

a. Respondent shall successfully complete a Board-approved course in

ENGINlitERlNG PROFESSIONA.UBM AND ETHICS within one (1) year of the date of

Respondent's appearance before the Board Prior to that date, Respondent shall submit toothe

Board a Certificate of Completion. It is the Respondent's responsibility to notify the Board that

he has completed the course in a timely manner. Respondent may con~ the Florida

Engineering Society, 125 South Gadsden Street, TaJlahassee, Florida 32301, (850) 224-7121, for

information regarding the availability of such courses in Florida. Respondent may also elect to

complete one of the following correspondence courses offered by:

Murdaugh Center for Engineering Professionalism Texas Tech University PO Box 41023 Lubbock, Texas 79409 Course No. PDH-30 Engineering Ethics I Course No. PDH-30 Engineering Ethics II (Intermediate) Telephone 806-742-3525; Fax 806-742-0444; e-mail ethics@coe.ttu.edu.

EPDProgram Auburn University Engineering Extension Service 211 Ramsay Hall Auburn, AlabIDlla 3689-5331 Course No. V98E Ethics and Professionalism

FBPE Y. Joseph Rickett, P.B., Case No. l0-027IPL 3

i

i I-i

, -

,

Phone 800-446-0382 or 334-844-4370

National Society (or Professional Engineers PDC Buncher Commerce Park Avenue A#16 Leetsdale, PeDDBylvania 15056-1304 Course No. ONL-p05 Ethics & Risk Management Phone 800-417-0348 Fax 412-741-0609

Accredited College or University courses. Courses offered by ConIimdng Education Programs or ProfesnoMl .B1Jst1ll!33 Programs (Ex:p: SunCam, Inc., C2Ed), are not Board Certified, and will not meet the requirements.

b. Respondent shali submit to the Board a detailed list of all completed projects

(signed, sealed, and dated), by the Respondent for PROJECT REVIEW at six (6) and eighteen

(18) month intervals from the date that the BOARD APPEARANCE occurs.

c. A FEMC Consultant will select two (2) projects from each submitted list for

review. Respondent is responsible for promptly furnishing any set of completed plans •

. calculations, and any other supporting documentation requested by the Consultant. Respondent

is also responsible for the Consultant's fees for reviewing the projects, and shall remit payment

by check or money order made payable in ~ name of the Board's Consultant and shall remit

said payment to the Florida Engineers Management Corporation within thirty (30) days from the

date of invoice. Should the Consultant return an unfavorable report concerning Respondent's

projects, that report shall be submitted to the Probable Cause Panel for determination of whether

additional disciplinary proceediDgs should be initiated.

d. If Respondent has not performed engineering services on a sufficient number of

projects to make the submissions required by 9. b. 1, the initial or, if applicable, the subsequent

submission required by the terms of probation shall be extended for a period of six (6) months to

FBPE v. Joseph Rickett, P A, Case No. J()"()27JP~ 4

allow Respondent to perform the services necessary .for the required review. However, it: after

the extension has expired, Respondent does not perform sufficient engineering services to meet

the requirements of the terms of probation, Respondent's license will be placed on volUntary

-- inactive status as definecfin"Section 4SS.227,Florida StatuteS, by the Board; Without any further

necessity for action on the part of Respondent. Respondent's license shall remain on such status,

provided Respondent meets the requirements of Section 4SS.227, unless and until Respondent

notifies the Board that he wishes to recommence practice and obtains Board authorization to

reactivate his license under such terms of probation.that the Board deems appropriate at that

time.

e. Respondent shall successfully complete the STUDY GUIDE which has been

prepared by the Board of Professional Engineers -and which will be furnished to Respondent,

regarding the Engineering Practice Act, Chapter 471, Florida Statutes, and the Rules of the

Board of Professional Engineers. Respondent will complete and return the Study Guide within

thirty (30) days of following his Board appearance, to the Board of Professional Engineers at

2S07 Callaway Road, Suite 200, Tallahassee, Florida 32303.

10. It is expressly understood that this Stipulation is subject to approval of the Board

and FEMe and has no force and effect until the Board issues a Final Order adopting this

agreement. -: - -

II. This Stipulation is executed by Respondent for the purpose of avoiding further

administrative action with respect to this cause. In this regard, Respondent authorizes the Board

to review and examine all investigative :file materials concerning Respondent prior to or in

coqiunction with consideration of the Stipulation. Furthermore, should this joint Stipulation not

be accepted by the Board, it is agreed that presentation to and by the Board shall not unfairly or

FBPE v. bcph Ricbtt, PoE., Case No. JO-0271PL 5

j ! ~

I

I .

illegally prejudice the board or any of its members from further participation, consideration or

resolution of these proceedinV.

12. Respondent expressly waives all further procedural steps and expressly waives aD

rights to Seek judicial review of or otIiei'wise -challenge 'or contest the Validity of the joint "

Stipulation ofFects, Conclusions of Law, imposition of discipline and the Final Order of the

Board incorporating said Stipulation .

. 13. Respondent waives the right to seek any attomey's fces or costs from the Board in

connection with this disciplinary proceeding. .

WHEREFORE, the parties hereto request the Board to enter a Final Order accepting and

implementing the terms contained herein.

·····a~~jOl0 atwe 'and Date Joseph A. Rickett, P.E. Respondent ~ No. 20100271PL

APPROVED this K day Of __ ..... Mtvtb_"'--_____ ---', 2010.

FBPB v. Josepb Rickett, P.B., Case No. 10-0271PL

Carrie Flylin, Executive Director Florida Board of Professional Engineers

6

I I

STATE OF FLORIDA FLORIDA BOARD OF PRQFESSIONAL ENGINEERS

I I .

FLORIDA BOARD OF PROFESSIONAL ! ENGINEERS,

Petitioner,

v. FEMC Case Nos. 2007050379 & 2007068938 JOSEPH A. RICKETT, P.E.,

Respondent, ____________________ ~J

I ADMINISTRATI'h COMPLAINT

COMES NOW the Florida £oajneoJs ~ Cmporalion (FEMC) on bcbIIf of

Petitioner, Florida Board of Professional Enginfl'S, hereinafter referred to as "Petitioner," and

files this Administrative Complaint against JOS!PH A. RICKETT, P .E., hereinafter referred to . as "Respondent". This Administrative Compl~nt is issued pursuant to Sections 120.60 and

471.038, Florida Statutes. Any proceeding Fcernins this compat sball be conducted

pursuant to Section ]20.57, Florida Statutes. In rt of this complaint, Petitioner alleges the

following:

FACfUAL AJ.J.EGATIONS APPLICABLE TO FEMe CASE NUMBER 20070503791!ld

CASE NUMBER 2007068938 . 1. Petitioner, Florida Board of Prof~onal Engineers, is charged with regulating the

practice of e~neaing 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 bas been at all times material hereto, a licensed professional

engineer in the State of Florida, having been issued license number PE 64906. Respondent's last

known address is 3144 GulfWin& Circle, Hernando Beach, FL 34607.

3. The Board has adopted Responsibility Rules of Professional Engineers

(Responsibility Rules). These Rules are contained in Chapter 61015-30 to Chapter 61015-36,

FIa. Administrative Code. Professional Engineers who perfonn services covered by the

Responsibility Rules are required to comply with the Rules.

4. Rule 61015-30.002(1), F. A. C., mandates that Respondent, as the engineer of

record, is professionally responsible for the documents prepared for the Projects at issue in

FEMC Case Nos. 2007050379 and 2007068938. As such, Respondent is responsible for

producing documents that comply with the applicable portions of the Responsibility Rules.

5. Respondent acted as Engineer ofR.ecord for the Structure for the Projects at issue

in FEMe Case Nos. 2007050379 and 2007068938 as that term is defined in Rule 61015-

31.002(1), F. A. C. As such, all structural engineering documents prepared, signed, sealed and

dated by Respondent must contain the information set out in Rule 6101 S-31.002(5), F. A. C., as

is mandated by Rule 61015-31.001, F. A. C., setting out the Oeneral Responsibility standards for

engineers designing structures.

6. Respondent's documents for the Projects at issue in FEMe Case Nos.

2007050379 and 2007068938 constituted final engineering documents as that term is used in

Section 471.025(1), Florida Statutes. As a result, Respondent was required to sign, seal and date

such documents in the manner set forth in Rule 61015-23.002, Florida Administrative Code,

FBPE v. JDSqIh A Ridr.ca, P.E.. c.s. Nos. 2007050379.t 2OO70689la 2

(2007) and to include the remaining identifying information on the docwnents that is mandated

by the provisions of that Rule.

FACTUAL ALLEGATIONS APPUCABLE TO FEMC CASE NUMBER lOO70s0379

7. At an unknown date in 2007 Respondent signed and sealed (but did not date) a set

of site specific swimming pool screen enclosure structural engineering documents and details

consisting of One (I) Unnumbered Site Specific Design page and Bight (8) pages of structural

details (Pages A-I to A-S) for a residence at 14590 Copeland Way, Brooksville. Fl (Oge

Residence). These documents were filed as part of a building permit app~ication (pennit No.

1212960) with the Hernando County Building Department.

S. At an unknown date in 2007, Respondent signed and sealed (but did not date) a

set of site specific swimming pool screen enclosw-e structural engineering documents consisting

of One (1) Unnumbered Site Specific Design page and Bight (S) pages of structural details

(Pages A-II to A-IS) for a residence at 4249 Caskie Place, Brooksville, Fl (Blake Residence).

These documents were filed as part of a building permit application (permit No. 1208043) with

the Hernando County Building Department

9. The Oge Residence documents are materially deficient and fail to comply with

requirements set out in Chapter 471, Florida Statutes, and Rule 610-15, Florida Administrative

Code, as follows:

A. Respondent has failed to include the date (with his signature and

seal) on the site specific plan and sheets A-I thru A-8 as required by Rule 61015-

23.002(2). Further, Respondent bas failed to include a title block containing his

printed name, address, and license number on the site specific I?lan and sheets A-I

thru A-8, as required in Rule 61015-23.002(2).

FBPE Y • .Joseph A. RicIcea, P.E., Case No.. 2007050379.t: 2007068938 3

B. Regarding Detail Sheet A-I. Respondent has failed to indicate the

size, type and quantity of screws required for the connection depicted.

Respondent has failed 10 indicate the splice plate dimensions as well as

dimensions setting forth the location/spacing of the screws. Respondent has

failed to provide the necessary construction requiremen1s for the connection

shown on sheet A-I as required by Rule 610IS-30.003(l}, Rule 61015-31.002(5)

and the 2004 Edition of the Florida Building Code with applicable supplements

(FBe) Chapter 106.1.1.

C. Regarding Detail Sheet A-2. Respondent has failed to indicate the

size, type and quantity of the screws conDeCting the beam to the gutter.

Respondent has failed to indicate the size and thickness of the angle shown

connecting the beam to the gutter. Respondent has omitted the size of the straps

required at each beam connection. Respondent has failed to provide the necessary

construction requirements for the connection shown on sheet A-2 as required by

Rule 61015-30.003(1), Rule 61015-31.002(5) and the 2004 Edition of the

Florida Building Code with applicable supplements (FBC) Chapter 106.1.1.

D. Regarding Detail Sheet A-3. Respondent has failed to indicate the

size. type and quantity of the screws connecting the beam to the column. The 2x3

column section specified on sheet A-3 is not consistent with the site-specific plan

wherein a 2x4 column is specified. Respondent bas failed to provide the

necessary construction requirements for the connection shown on sheet A-3 as

required by Rule 61015-30.003(1). Rule 61015-31.002(5) and the 2004 Edition

of the Florida Building Code with applicable supplements (FBC) Chapter 106.1.1 .

FBPE v. Josep/I A. RickeU, P.E.. Case Nos. 2007050379 & 2007068938 4

E. Regarding Detail Sheet A-S, Respondent has failed to specify the

size and material strength of the bracing cable. Respondent has not provided the

necessary construction requirements for the bracing cable shown on sheet A-S as

required by Rule 61015-30.003(1). Rule 61015-31.002(5) and the 2004 Edition

of the Florida Building Code with applicable supplements (FBC) Chapter 106.1.1.

F. Regarding Detail Sheet A-6, Respondent has failed to clearly set

forth the type, size, embedment length. minimum spacing and minimum edge

distance for the anchors attaching the cable strap to the slab. The size and

material strength of the bracing cable is not specified. Respondent has failed to

provide the necessary construction requirements for the bracing cable and

connection shown on sheet A-6 as required by Rule 61015-30.003(1), Rule

61015-31.002(5) and the 2004 Edition of the Florida Building Code with

applicable supplements (FBC) Chapter 106.1.1.

O. Regarding Detail Sheet A-8, Respondent has not specified the type

and size of anchors connecting the cohunn to the slab. Respondent has failed to

provide the nccessary construction requirements for the connection shown on

sheet A-8 as required by Rule 61015-30.003(1). Rule 61015-31.002(5) and the

2004 Edition of the Florida Building Code with applicable supplements (FBC)

Chapter 106.1.1.

H. Regarding the site-specific plan sheet for the Oge Residence screen

enclosure, Respondent has failed to indicate the type of roof to be constructed

(flat, mansard, gabled, etc.) and has fiilled to provide dimensioning for the roof

configuration. Further, Respondent has failed to specify the size of the column at

FBPE Y. Jo.ph A Rickett, P.E .• Cue NOI. 2OO1050379.t 2007068938 5

the existing structure, the size of the columns at the door, and the size of the door

opening. Respondent bas failed to provide the necessary construction

requirements on the site specific plan sheet as required by Rule 61015-30.003(1),

Rule 61015-31.002(5) and the 2004 Edition of the Florida Building Code with

applicable supplements (FBC) Chapter 106.1.1.

I. Analysis of the 2x4 side wall columns for the screen enclosure at

the Oge residence indicates that they are significantly over stressed at design

loading. These screen enclosure components fail to meet the design strength

requirements of Florida Building Code, 2004 Edition with applicable

Supplements, (FBC) Chapter 1604.2 and Chapter 2002.2.

10. The Blake Residence documents are materially deficient and fail to comply with

requirements set out in Chapter 471, Florida Statutes, and Rule 610-15, Florida Administrative

Code, as follows:

A. Respondent bas failed to include the date (with his signature and

seal) on the site specific plan and sheets A-II tbru A-IS in accordance with Rule

61015-23.002(2). Further, Respondent has failed to include a title block

containing his printed name, address, and license number on the site specific plan

and sheets A-ll tbru A-IS, as required in Rule 61 G15-23.002(2}.

B. Regarding Detail Sheet A-II, Respondent has failed to indicate the

size, type and quantity of screws required for the connection depicted.

Respondent bas failed to indicate the splice plate dimensions as well as

dimensions setting forth the location/spacing of the screws. Respondent has

failed to provide the necessary construction requirements for the connection

FBPE v. JOSqlh A. RlckeU, P.E., C_ No •. 2007050379.t 2007061938

shown on sheet A·ll as required by Rule 61015·30.003(1), Rule 61015-

31.002(5) and the 2004 Edition of the Florida Building Code with applicable

supplements (PBC) Chapter 106.1.1.

C. Regarding Detail Sheet A·12, Respondent has failed to indicate the

size, type and quantity of the screws connecting the beam to the gutter.

Respondent has failed to indicate the size and thickness of the angle shown

connecting the beam to the gutter. Respondent has omitted the size of the straps

required at each beam connection. Respondent has failed to provide the necessary

construction requirements for the connection shown on sheet A-12 as required by

Rule 61015-30.003(1), Rule 61015-31.002(5) and the 2004 Edition of the

Florida Building Code with applicable supplements (FBC) Chapter 106.1.1.

D. Regarding Detail Sheet A-13, Respondent has failed to indicate the

size, type and quantity of the screws connecting the beam to the column. The 2x3

column section specified on sheet A-3 is not consistent with the site-specific plan

wherein a 2x5 column is specified. Respondent has failed to provide the

necessary construction requirements for the connection shown on sheet A-13 as

required by Rule 61015·30.003(1), Rule 61015·31.002(5) and the 2004 Edition

of the Florida Building Code with applicable supplements (PBC) Chapter 106.1.1.

E. Regarding Detail Sheet A-IS, Respondent has failed to specify the

size and material strength of the bracing cable. Respondent has not provided the

necessary construction requirements for the bracing cable shown on sheet A-IS as

required by Rule 61015·30.003(1), Rule 61015.31.002(5) and the 2004 Edition

of the Florida Building Code with applicable supplements (PBC) Chapter 106.1.1.

fBPE Y. Joteph A. RickcIt, P.E., Case Nos. 2007050379.t: 200706193& 7

F. Regarding Detail Sheet A-16, Respondent has failed to clearly set

forth the type, size, embedment length, minimum spacing and minimum edge

distance for the anchors attaching the cable strap to the slab. The size and

material strength of the bracing cable is not specified. Respondent has failed to

provide the necessary construction requirements for the bracing cable and

connection shown on sheet A-16 as required by Rule 6IGI5-30.003(l}, Rule

61015-31.002(5) and the 2004 Edition of the Florida Building Code with

applicable supplements (FBC) Chapter 106.1.1.

O. Regarding Detail Sheet A-IS, Respondent has not specified the

type and size of anchors connecting the column to the slab. Respondent has failed

to provide the necessary construction requirements for the connection shown on

sheet A-J8 as required by Rule 6IGJS-30.003(1}. Rule 61015-31.002(5) and the

2004 Edition of the Florida Building Code with applicable supplements (FBC)

Chapter 106.1.1.

H. Regarding the site-specific plan sheet for the Blake Residence

screen enclosure, Respondent has tailed to indicate the type of roof to be

constructed (flat, mansard, gabled, etc.) and has failed to provide dimensioning

for the roof configuration. Further, Respondent has failed to specify the comer

column size, the size of the columns at the doors, and the size of the door

openings. Respondent has not provided any detail for the carry beam to colwnn

connection, carry beam to house connection, nor the connection of the 2x4 roof

beam to the carry beam. Respondent has not provided continuous diagonal

bracing in the roof panels adjacent to the flow-tbru end walls. Respondent has

FBPE v. Jascph A. Rickett, P.E., Case Nos. 2007050379 & 2OO70689l8 •

failed to provide the necessary construction requirements the site specific plan

sheet as required by Rule 6JOlS-30.003(J), Rule 61015-31.002(5) and the 2004-

Edition of the Florida Building Code with applicable suppl~nts (FBC) Chapter

106.1.1.

I. Analysis of the 2x3 end wall columns on the site-specific plan

sheet for the screen enclosure at the Blake Residence indicates that they are

significantly over stressed at design load. These screen enclosure element fails to

meet the design strength requirements of Florida Building Code, 2004 Edition

with applicable Supplements, (FBC) Chapter 1604.2 and Chapter 2002.2.

FACfUAL ALLEGATIONS APPLICABLE TO FEMC CASE NUMBER 2007968938

J 1. At an unknown date in 2007. Respondent signed and sealed (but did not date) two

pages of structmal engineering documents. One (1) page is entitled "Plans and Structural

Calculations for Mr. Hanna" and is for a swimming pool screen enclosure and one (1) page is

untitled and depicts the framing layout and elevations for a swimming pool screen enclosure to

be located at 11271 Dempsey Rd., Brooksville. Fl (Hanna Residence). These documents were

tiled as part of a building permit application (permit No. ]215314) with the Hernando County

Building Department.

12. At an unknown date in 2007, Respondent signed and sealed (but did not date) two

pages of structural engineering docwnents. One (1) page is entitled "Plans and Structural

Calculations for Mr. Marquez" and is for a swimming pool screen enclosure and one (1) page is

untitled and depicts the framing layout and elevations for a swimming pool screen enclosure to

be located at 2271 Amherst, Spring Hill, FI (Marquez Residence). These documents were filed

FBPE v. Joseph A Rickdl, P.E .• Cae Nos. 2oo7050379.t. 2007068938 9

as part of a building pennit application (permit No. 1215264) with the Hernando COWlty

Building Department.

13. At an Wlknown date in 2007, Respondent signed and sealed (but did not date) two

(2) pages of structural engineering documents and twelve (12) pages of engineering details

(Sheets A-I to A-12). One (1) page of the structural engineering documents is entitled "Plans and

Structural Calculations for Mr. Aulet" and is for a swimming pool screen enclosure and one (1)

page of the structural engineering documents is untitled and depicts the framing layout and

elevations for a swimming pool screen enclosure to be located at 1311 Corl Loop, Spring Hill, FI

(Aulet Residence). These docmnents were filed as part of a building pennit application (Pennit

No. 1214973) with the Hernando County Building Department

14. At an unknown date in 2007. Respondent signed and sealed (but did not date)

three (3) pages of structural engineering documents. One (1) page is entitled "Plans and

Structural Calculations for Mr. HaWkins" and is for a swimming pool screen enclosure and two

(2) pages are Wltitled and depict the framing layout and elevations for a swimming pool screen

enclosure to be located at 7842 Irwin, Brooksville, F1 (Hawkins Residence). These documents

were filed as part of a building permit application (permit No. 1215198) with the Hernando

COWlty Building Department.

15. At an unknown date in 2007, Respondent signed and sealed (but did not date) two

pages of structural engineering documents. One (1) page is entitled "Plans and Structural

Calculations for Mr. Hector" and is for a swimming pool screen enclosure and one (1) page is

untitled and depicts the framing layout and elevations for a swimming pool screen enclosure to

be located at 4281 Caskie, Brooksville, Fl. (Hector Residence). These documents were filed as

FBPE Y. Joseph A. Rickett, P.E.. Case Nos. 2007050379.t 200'706893& 10

part of a buildins pennit application (pennit No. 1215265) with the Hernando County Building

Department.

16. The Hanna Residence documents are materially deficient and fail to comply with

requirements set out in Chapter 471, Florida Statutes, and Rule 610-15, Florida Administrative

Code, as follows:

A. Regarding the site-specific plan sheet for the Hanna Residence

screen enclosure, Respondent has failed to indicate the type of roof to be

constructed (flat, mansard. gabled, etc.) and has failed to provide dimensioning

for the roof configuration. Respondent has failed to provide necessary

construction requirements on the site specific plan sheet as required by Rule

61GI5-30.003(1), Rule 61015-31.002(5) andFBC Chapter 106.1.1.

B. Regarding the cover sheet and the site specific plan sheet for the

Hanna Residence screen enclosure, Respondent has failed to include the date with

his signature and seal in accordance with Rule 61GI5-23.002(2). Further,

Respondent has failed to include a title block containing his printed name,

address; and license number on the site specific plan, as required in Rule 61015-

23.002(2).

C. In that the allowable stress for the 2x4 post elements of the Hanna

Residence screen enclosure are overstressed at design loading, Respondent has

failed to comply with the str~ requirements of Chapters 1604.2 and 2002.2 of

the 2004 FBC with applicable Supplements.

D. Respondent has failed to provide continuous diagonal bracing in

the roof panels of the Hanna Residence screen enclosure causing biaxial bending

FBPE v. Joseph A. Rickett, P.E •• Cue Nos. 2007050379.t lOO706I938 11

in the main 2x6 5MB roof beam elements. The roof beams so loaded will be

significantly overstressed at design loading. Respondent has therefore failed to

comply with the strength requirements of Chapters 1604.2 and 2002.2 of the 2004

FBC with applicable Supplements.

17. The Marquez Residence documents are materially deficient and fail to comply

with requirements set out in Chapter 471, Florida Statutes, and Rule 610-15, Florida

Administrative Code, as follows:

A. Regarding the site.specific plan sheet for the Marquez Residence

screen enclosure, Respondent has failed to indicate the type of roof to be

constructed (flat, mansard, gabled, etc.) and has failed to provide dimensioning

for the roof configuration. Respondent has failed to provide necessary

construction requirements on the site specific plan sheet as required by Rule

61015-30.003(1), Rule 61015-31.002(5) andFBC Chapter 106.1.1.

B. Regarding the cover sheet and the site specific plan sheet for the

Marquez Residence screen enclosure, Respondent has failed to include the date

with his signature and seal in accordance with Rule 61015-23.002(2). Fwther,

Respondent has failed to include a title block containing his printed name,

address, and license number on the site specific plan, as required in Rule 61015-

23.002(2).

C In that the allowable stress for the 2xS post elements of the

Marquez Residence screen enclosure are overstressed at design loading,

Respondent has failed to comply with the strength requirements of Chapters

1604.2 and 2002.2 of the 2004 FBC with applicable Supplements.

FBPE Y. Joscpb A. Riebel, P.E.. Cae Nos.. 2007050379" 2007068931 12

D. Respondent has fBiled to provide continuous diagonal bracing in

the roof panels of the Marquez Residence screen enclosure causing biaxial

bending in the main 2x7 5MB roof beam elements. The roof beams so loaded

will be significantly overstressed at design loading. Respondent has therefore

failed to comply with the strength requirements of Chapters 1604.2 and 2002.2 of

the 2004 FBC with applicable Supplements.

18. The Aulit Residence documents are materially deficient and fail to comply with

requirements set out in Chapter 471. Florida Statutes, and Rule 610-15, Florida Administrative

Code, as follows:

A. Regarding the cover sheet, the site specific plan sheet, and 12

detail sheets for the Aulet Residence screen enclosure, Respondent has failed to

include the date with his signature and seal in accordance with Rule 61G15-

23.002(2}. Further, Respondent has failed to include a title block containing his

printed name, address, and license number on the site-specific plan and the 12

detail sheets as required in Rule 61GI5-23.002(2}.

B. In that the allowable stress for the 2x6, 2x7, & 2x8 5MB post

elements of the Aulet Residence screen enclosure are overstressed at design

loading, Respondent has failed to comply with the strength requirements of

Chapters 1604.2 and 2002.2 of the 2004 FBC with applicable Supplements.

C. In that the allowable stress for the 2x8 5MB roof beam elements of

the Aulet Residence screen enclosure are overstressed at design loading,

Respondent has failed to comply with the strength requirements of Chapters

1604.2 and 2002.2 of the 2004 FBC with applicable Supplements.

FBPE v. Joseph A. Riekett, P.E., Case NDI. 2007050379 & 2001068938 13

D. TIle "Beam to Post" connection detail provided in the Aulet

Residence screen enclosure details cannot be constructed as shown. There is

nothing for the 2-#IOx3" screws shown connecting 2"x2" top plate to the 2x6

column to anchor into.

E. Regarding the "Beam Connector Detail" for the Aulet Residence,

Respondent has failed to indicate the splice plate dimensions aDd quantity as well

as dimensions setting forth the location/spacing of the screws. Respondent has

failed to provide the necessary construction requirements for the connection

shown on sheet A-I as required by Rule 61GI5-30.003(1), Rule 61GI5-31.002(5)

and FBC Chapter 106.1.1.

19. The Hawkins Residence documents are materially deficient and fail to

comply with requirements set out in Chapter 471, F]orida Statutes, and Rule 6]0-15,

Florida Administrative Code, as follows:

A. Regarding the site-specific plan sheet for the Hawkins Residence

screen enclosure, Respondent has failed to indicate the type of roof to be

constructed (flat, mansard, gabled, etc.) and has failed to provide dimensioning

for the roof configuration. Respondent bas failed to provide necessary

construction requirements on the site specific plan sheet as required by Rule

61015-30.003(1), Rule 61GI5-31.002(5) and FBC Chapter 106.1.1.

B. Regarding the cover sheet and the site specific plan sheet for the

Hawkins Residence screen enclosure, Respondent has failed to include the date

with his signature and seal in accordance with Rule 61GI5-23.002(2). Further,

Respondent has failed to include a title block containing his printed name,

FBPE Y. Josoph A. Rickel!, P.E., Case Nos. 2007050379 ol2007068938 14

address, and license number on the site specific plan, as required in Rule 61GIS-

23.002(2).

C. In that the allowable stress for the 2xS post elements of the

Hawkins Residence screen enclosure are overstressed at design loading,

Respondent has failed to comply with the strength requirements of Chapters

1604.2 and 2002.2 of the 2004 FBC with applicable Supplements.

20. The Hector Residence documents are materially deficient and fail to comply with

requirements set out in Chapter 471, Florida Statutes, and Rule 61G-15, Florida Administrative

Code, as follows:

A. Regarding the site specific plan sheet for the Hector Residence

screen enclosure, Respondent has failed to indicate the type of roof to be

constructed (flat, mansard, gabled, etc.) and has failed to provide dimensioning

for the roof configuration. Respondent has failed to provide necessary

construction requirements on the site specific plan sheet as required by Rule

61GI5-30.003(1), Rule 61GI5-31.oo2(5) and FBC Chapter 106.1.1.

B. Regarding the cover sheet and the site specific plan sheet for the

Hector Residence screen enclosure, Respondent has failed to include the date with

his signature and seal in accordance with Rule 61GI5-23.oo2(2). Further,

Respondent has failed to include a title block containing his printed name,

address, and license number on the site specific plan, as required in Rule 61015-

23.002(2).

C. In that the allowable stress for the 2x5 post elements of the Hector

Residence screen enclosure are overstressed at design loading, Respondent has

FBPE v • .Joseph A Rlckeu, P.E., Cue NOI. 20070S0379 & 2007068938 15

failed to comply with the strength requirements of Chapters 1604.2 and 2002.2 of

the 2004 FBC with applicable Supplements.

D. Respondent has failed to provide continuous diagonal bracing in

the roof panels of the Hector Residence screen enclosure causing biaxial bending

in the main 2x7 5MB roof beam elements. The roof beams so loaded will be

significantly overstressed at design loading. Respondent has therefore failed to

comply with the strength requirements of Chapters 1604.2 and 2002.2 of the 2004

FBC with applicable Supplements.

COUNT I (FEMC CASE No. 2007050372)

21. Petitioner realleges and incorporates Paragraphs One (1) through Ten (10) as if

fully set forth in this Count I.

22. 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 61GI5-19.001(4), Fla.

Admin Code, provides that negligence constitutes "failme 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."

23. As set forth in Paragraphs (3)-(10) above, Respondent violated the provisions of

Section 471.033(1)(8), Florida Statutes, by sealing, signing and dating engineering docwnents

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.

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

471.033(1)(g), Florida Statutes, by engaging in negligence in the pmctice of engineering.

FBPE v. Josepb A. Rickett, P.E., Case Nos. 2007050379 a: 2007068938 16

COUNT D (l!'EMC CASE No. 2007068938)

25. Petitioner reall~ges and incorporates Paragraphs One (1) through Seven (7) and

Eleven (11) through (20) as if fully set forth in this Count II.

26. 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 utilize

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

standards of engineering principles."

27. As set forth in Paragraphs (3)-(10) above, Respondent violated the provisions of

Section 471.033(I)(g), Florida Statutes, by sealing, signing and dating engineering 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.

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

471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering.

COUNT m (FEMC CASE Nos. 2007050379 and 2007068938)

29. Petitioner realleges and incorporates Paragraphs One (I) through Twenty (20) and

as iffully set forth in this Count m.

30. Section 471.025(2), Florida Statutes, requires that "[a]l1 final drawings,

specifications, plans, reports, or documents prepared or issued by the licensee and being filed for

public record and all final documents provided to the owner or the owner's representative shall

be signed by the licensee, dated, and sealed with said seal. Rule 61015-23.002(1), FIa. Admin.

Code, provides that "[a] professional engineer shall sign his name and affix his seal to all plans,

FBPE v. Joseph A. Rickett, P.E.. Case Nos. 2007050379.t 2007061938 l7

specifications, reports, final bid documents provided to the owner or the owner's representative,

or other documents prepared or issued by said registrant and being filed for public record. The

date that the signature and seal is affixed as provided herein shall be entered on said plans,

specifications, reports, or other documents immediately under the signature of the professional

engineer."

31. By signing and sealing but not dating and including other required identifying

information on the engineering documents described herein, Respondent violated Section

471.033(1)(a) and (g), Florida Statutes, by violating Section 471.025(1), Florida Statutes, and

Rule 61GI5-23.002(1), Fla. Admin. Cock; by releasing or issuing plans to his client, which were

to be filed for public record without signing, sealing and dating and including other required.

identifying information on such documents.

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 fme, 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 L daYOf--...:::V9~=--~------. 2009.

FBPE y. JoIcph A. Ricbu, P.E .• Case Nos. 2OO7050379.t 2OCI706I!I38

Carrie Flynn Executive Director

1«

COUNSEL FOR FEMC:

John Rimes Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 212008 JRljt PCP DATE: July 14, 2009 PCP Members: Rebane, Charland, Halyard

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was furnished to Joseph A. Rickett, P.E., 3144 Gulf Winds Circle, Hernando Beach, FL 34607, by certified mail, on the of ,2009.

FBPE v. Joseph A. RicbU, P.E., Cae Nos. 20070S0379.t lOO7068938 19