FILED Florida Engineers Management Corporation FILED Department of Business and Professional Regulation un 7 "a ; 5 YY(p3 PL Deputy Agency Clerk 1427/2015 ~ STATE OF FLORIDA F LORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. pea LEO GIANGRANDE, P-E., a Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint against Leo Giangrande, P.E. 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 (“Board,” “FBPE,” or “Petitioner”), 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, Page 1 of 5 investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). 2. Respondent, Leo Giangrande, P.E. (“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 66387. Respondent’s last known address as listed on the Department of Business and Professionalism web site is 188 SE Kitching Circle, Stuart, FL 34994 and as listed on the February 17, 2014 Complaint, is AECOM Engineering, 3550 SW Corporate Parkway, Palm City, FL 34990. 3. AECOM Technical Services, Inc. (‘AECOM”) was retained by the property owner, Seacoast Bank (Seacoast), to provide engineering services to address site issues including lighting, drainage, utilities, landscaping, paving, signage, and other specific items at 950 SE Federal Highway, Stuart, Florida. Respondent was the project engineer and engineer of record for AECOM. 4. Separate and apart from AECOM’s services provided to Seacoast discussed in Paragraph 3, Seacoast had a privacy wall (“Wall Project”) constructed along the rear property line at the above described property, Initially, the design, permitting, and construction of the Wall Project was to be completed without AECOM’s involvement. 5. Subsequently, Seacoast requested AECOM to provide additional services which included performing observations of the construction of the Wall Project and a certification of completion following that construction. As directed by AECOM, Respondent provided construction observation services during the construction of the Wall Project along the rear of the property. At the completion of the Wall Project, Respondent prepared and signed and sealed a “Certificate of Completion” which was submitted to the City of Stuart Building Department. FBPE vs. Leo Giangrande, P.E., Case No. 2014006723 Page 2 of 5 Administrative Comnlaint 6. The Wall Project was constructed utilizing pre-cast concrete columns which were imbedded into cast-in-place concrete piers in the ground. In this type of construction, pre-cast concrete wall panels are slid into place between the columns with no other attachment, since a notch in the columns secures the panels into place. Pre-cast concrete caps are then placed atop the panels and columns and are held into place with an adhesive to lock the panels in place and the adhesive prevents the caps from being dislodged by high winds. 7. Respondent certified that the Wall Project had been constructed in conformance with the permitted drawings in the Certificate of Completion to the City of Stuart Building Department dated February 28, 2011 stating that the Wall Project “... has been constructed in substantial compliance with the permitted and approved plans.” However, despite the requirement on the plans that the “[pJost caps and panel caps are [to be] bonded into place by applying a silicone-based adhesive between the cap and fence component” the pre-cast concrete post and panel caps were not adhered into place, remained loose; and, as a result, the pre-cast panels and columns were never stabilized. 8. Respondent’s February 28, 2011 letter is an engineering “certification” as that term is defined in Rule 61G15-18.011(4), Fla. Admin. Code, (‘‘a statement signed and/or sealed by a professional engineer representing that the engineering services addressed therein, as defined in Section 471.005(6), F.S., have been performed by the professional engineer, and based upon the professional engineer’s knowledge, information and belief, and in accordance with commonly accepted procedures consistent with applicable standards of practice,...”). “Certifications” are subject to the standards set out in Rule 61G15-29.001, Fla. Admin. Code, which requires that if an engineer is presented with a “certification” that “... involve[s] matters which are beyond the engineer’s scope of services actually provided ...” that the engineer must orange meses etateteeaeemcannn enn menue neny=em renepempeaprermenepeaymepeenen nn oeeeeneeeee FBPE vs. Leo Giangrande, P.E., Case No. 2014006723 Page 3 of 5 Administrative Complaint *.., (a) modify such certification to limit its scope to those matters which the engineer can properly sign and/or seal, or (b) decline to sign such certification.” 9. In making the February 28, 2011 certification, it was essential that, at a minimum, Respondent physically determine and document the as-built parameters of the Wall and then compare those parameters with the material requirements of the “permitted and approved plans.” Since the pre-cast concrete post and panel caps were not adhered into place as required by the plans, Respondent’s inspection was materially deficient in not identifying the fact that the construction of the Wall Project did not comply with the “permitted and approved plans.” 10. 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.” 11. By signing and sealing the February 28, 2011 certification without adequately inspecting and verifying that the as-built status of the Wall did not comply with the permitted and approved plans for the reasons set out in Paragraphs Three (3) through Nine (9), Respondent failed to utilize due care in performing in an engineering capacity and failed to have due regard for acceptable standards of engineering principles. 12. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code., by engaging in negligence 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 ager a eal FBPE vs. Leo Giangrande, P-E., Case No. 2014006723 Page 4 of S Administrative Camnlaint 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 provided for in Section 455.227(3), Florida Statutes; and/or any other relief that the Board deems appropriate. SIGNED this gl day of __January_, 2015. Zana Raybor eee 7 Prosedyting Attomey COUNSEL FOR FEMC: John J. Rimes, If] Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP: January 13, 2015 PCP Members: RODDENBERRY, MATTHEWS & PEPPER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the filed Administrative Complaint has been furnished to Leo Giangrande, P.E. at his address of record with the Department of Business and Professional Regulation Licensee database of 188 SE Kitching Circle, Stuart, FL 34994 and at the address contained on the Complaint filed against him of AECOM Engineering, 3550 SW Corporate Parkway, Palm City, FL 34990 and to his attomey S. Elysha Luken, Esquire, Smith, Currie & Hancock, 101 NE 3" Avenue, Suite 1910, Ft. Lauderdale, FL 33301 by U.S. Certified Mail this). 7“ of _January_, 2015. gb 4 it Trishia Finkey, Parale; ES FBPE vs. Leo Giangrande, P.E., Case No. 2014006723 Page 5 of 5 Adminiotentina Camnlaint

Docket for Case No: 15-002463PL