LTC 160-2018 Potential Administratve Complaint against Bruce MowMIAMIBEACH
OFFICE OF
No. LTC # 160-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorney �(� n3
DATE: March 27, 2018 'tom l v
SUBJECT: Potential Administrative Complaint against Bruce Mowry
The purpose of this Letter to Commission is to provide the Mayor and City Commission with
specific information surrounding the potential filing of an administrative complaint against the
professional engineer license of Mr. Bruce Mowry.
The City Commission requested that the City Attorney's Office explore the viability of filing an
administrative complaint against Mr. Mowry's engineering license. In order to ascertain the
salient facts surrounding this matter, my Office met with the City Manager; Assistant City
Manager, Mark Taxis; Assistant City Manager/Director of Public Works, Eric Carpenter;
Assistant Director of Public Works, Jay Fink; and Director of Human Recourses, Michael Smith.
On several City projects, Mr. Mowry either had a blatant disregard for the requirements of the
environmental regulatory agencies or developed an adversarial relationship with regulatory
agencies and residents. Specifically, on the Indian Creek Project, his actions included the
removal of protected mangroves without a permit; directing the seawall contractor to install a
seawall on Indian Creek in excess of DERM permitting requirement; performing work without
FDOT approval; as well as performing work on private property without required permits.
The filing of an administrative complaint against a professional engineer must be submitted to
the Florida Board of Professional Engineers (the "Board"), which complaint must be based upon
a violation of Chapter 455 and Chapter 471 of the Florida Statutes, and Chapter 61G-15 of the
Florida Administrative Code. The administrative complaint would be reviewed by a staff
attorney in order to determine the legal sufficiency of the allegations asserted by the City.
Thereafter, an investigator is assigned to the matter, and will make a determination of probable
cause based on the information contained in the complaint, any response provided by the
professional engineer, and any other investigative evidence. If probable cause is found, a
hearing before the Board is held, after which a final order would be issued.
Florida Statutory law sets forth express limitations for those acts that would constitute grounds
under which a disciplinary action may be taken pursuant to Section 471.033 of the Florida
Statutes. Specifically, the administration complaint must assert one or more of the following:
(a) Violating any provision of s. 455.227(1), s. 471.025, or s. 471.031, or any
other provision of this chapter or rule of the board or department.
(b) Attempting to procure a license to practice engineering by bribery or
fraudulent misrepresentations.
(c) Having a license to practice engineering revoked, suspended, or otherwise
acted against, including the denial of licensure, by the licensing authority of
another state, territory, or country, for any act that would constitute a violation of
this chapter or chapter 455.
Mayor Dan Gelber and Members of the City Commission
LTC Re: Administrative Complaint against Professional Engineers
March 27, 2018
Page 2 of 2
(d) Being convicted or found guilty of, or entering a plea of nolo contendere to,
regardless of adjudication, a crime in any jurisdiction which directly relates to the
practice of engineering or the ability to practice engineering.
(e) Making or filing a report or record that the licensee knows to be false,
willfully failing to file a report or record required by state or federal law, willfully
impeding or obstructing such filing, or inducing another person to impede or
obstruct such filing. Such reports or records include only those that are signed in
the capacity of a licensed engineer.
(f) Advertising goods or services in a manner that is fraudulent, false, deceptive,
or misleading in form or content.
(g) Engaging in fraud or deceit, negligence, incompetence, or misconduct, in
the practice of engineering.
(h) Violating chapter 455.
(i) Practicing on a revoked, suspended, inactive, or delinquent license.
(j) Affixing or permitting to be affixed his or her seal, name, or digital signature
to any final drawings, specifications, plans, reports, or documents that were not
prepared by him or her or under his or her responsible supervision, direction, or
control.
(k) Violating any order of the board or department previously entered in a
disciplinary hearing.
(I) Performing building code inspection services under s. 553.791, without
satisfying the insurance requirements of that section.
Similar grounds for alleging a violation against a licensed engineer is further enumerated within
Section 61G15-19.001 of the Florida Administrative Code, which incorporates those express
acts set forth in Section 471.033 of the Florida Statutes.
Notwithstanding Mr. Mowry's egregious actions, upon the complete and thorough review of the
documentation provided to my Office, there does not exist documentary evidence to support the
filing of an administrative complaint against his engineering license. To put it simply, the
documents revealed that Mr. Mowry was not engaged in the practice of engineering during such
questionable conduct, which subsequently would not trigger a violation for any of the
enumerated statutory grounds set forth under Florida Law. Equally important, Mr. Mowry was
not the "engineer of record" for the various projects, which would create a justifiable complaint
for his improper conduct.
Due to the above technical requirements, which must precede the filing of any complaint, the
City Attorney's Office has concluded that there is no technical basis under the cited Florida
Administrative Code and statutory citations, which would support the filing of a complaint
against Mr. Mowry's engineering license.
RJA/S H R/ag
We are committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community.