Complaint Will Not Be Filed Against Former Miami Beach Engineer:
Despite unpermitted work, city says no basis for complaint against license
Miami Beach City Attorney Raul Aguila says there is “no technical basis” to support filing a claim against former City Engineer Bruce Mowry’s engineering license after he was removed from his position for the unpermitted work on Indian Creek. City Commissioners asked for a review at one of their recent meetings.
In a Letter to Commission, Aguila wrote:
“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.”
DERM refers to Miami-Dade County Environmental Resources Management. FDOT is the Florida Department of Transportation.
The letter lists the criteria for submitting a complaint against an engineering license, all of which relate to conduct in the practice of engineering.
“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 the 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.”
As a result, Aguila wrote there is “no technical basis” under Florida law to file a complaint against Mowry’s engineering license.