FILED Florida Engineers Management Corporation ‘ i CLERK Evetie Lawson-Proctor 5/20/2019 Clerk: Rebecca Valentine STATE OF FCORIOA om Sao FLORIDA BOARD OF PROFESSIONAL ENGINEERS Fie ft FILED Department of Business anki Professional Regulation Deputy Agency Clerk FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2019012306 WINTHROP BARNETT, 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 WINTHROP BARNETT, 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). 2. 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 25576. Respondent’s last known address is 708 East Virginia Avenue, Tampa, Florida 33603. 3. On September 14, 2018, a Final Order (Final Order) was entered in Florida Board of Professional Engineers v.. Winthrop Barnett, P. E.. FEMC Case Number 2015052732. This Final Order was not appealed. 4. The Final Order SUSPENDED Respondent’s engineering license until June 19, 2019. 5. December 10, 2018 Respondent digitally signed/sealed an engineering design document for a pool spa for a residence located at 5213 8"" Avenue West, Bradenton Fl. At that time Respondent’s engineering license was SUSPENDED. 6. Section 471.033(1)(i), Florida Statutes, provides: “The following acts constitute grounds for which the disciplinary actions ... may be taken: (i) Practicing on a ... suspended, ... license.” a By providing engineering services through sealing and signing the above referenced engineering document after Respondent’s license was suspended, Respondent practiced engineering while Respondent’s license was suspended. 8. Based upon the foregoing, Respondent violated Section 471.033(1)(i), Florida Statutes, by practicing engineering on a suspended license. 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 FBPE vs. Winthrop Bamett, Case No. 2019012306 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 QO day of May 2019. Zana Raybgn Executive Director fin J. Rimes, III Prosecuting Attorney COUNSEL FOR FEMC: John J. Rimes, IIT Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/rv PCP DATE: May 07, 2019 PCP Members: MATTHEWS, DRURY & ALBERGO CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Winthrop Barnett, P.E. at 708 East Virginia Avenue, Tampa, Florida 33603, by certified mail and First Class U. S. Mail, on the Ao of Moy , 2019. Robrces alba Rebecca Valentine, Paralegal FBPE vs. Winthrop Barnett, Case No. 2019012306

Docket for Case No: 19-004875PL