G241372041 15:15 TILTON & METZGER; PA. > 5218521 Nd. 198 Dit NN! VY ' fren 7 be (BE ay STATE OF FLORIDA swe au baw f rath lid aA, FLORIDA ENGINEERS MANAGEMENT CORPORATION EB 14 Py |: 99 Petitioner, v. FEMC Case No. 00-0050 B. A. WINFREE, P.E., Ol- Old PL Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation, hereinafter referred to aa. “Petitioner,” and files this Administrative Compleint before the Beard of Professional Engineers againat B. A. Winfree, P.E., hereinafter referred to as “Respondent”. This Administrative Complaint is issuod 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 is charged with regulating the practic of enginecring pursuant ta Chapters 455 and 471, Florida Statutes. 2, Respondent is and haa been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 46401. Respondent's address of record is 981-3 Highway 98 Haat, Destin, Florida 3254}, ADVERTISEMENT als ee HIS; j ‘1 VE 02/13/2001 15:15 TILTON & METZGER; PA. > 521@521 No. 198 ‘ ve WY 3. Respondent performed structural calculations for the construction of a residential single family home project lacated in Destin, Florida. 4. On February 24, 2000, the Respondent signed and sealed structural calculations for the Deatin residential project. The contractor submitted the signed and sealed calculatione along with the plans to the Destin Building Official for permitting, 5S. The Plans Reviewer had concerns with the submitted plans, as well as, the Respondent's structural calculations. The plans and atructural calculations were sent to an engineering consultant for additional review where significant errors were found in the enalysis data relating to the ability of the structure to withstand design wind and storm surge load conditions. . 6. The original calculations were grossly in ecror relating to the besic wind speed, mean roof height and exposure category and were not in compliance with the practice of engineering. COUNT ONE 7. Petitioner realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein this Count One. 8. On February 24, 2000, Reapondent signed and scaled structural calculations that contained gross errors, 9. Rather than the 132 mph basic wind speed ag required by Figure 6-] of ASCE 7-95 for Destin, Respondent assumed a value of 110 mph. This error resulted in an understatement of velocity pressure, the basic wind force, by 3 Ipercent. 10. Based on tho foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering Bi2 W274 157 2001 isis VILIUN & MEI ZGERs FPA. > 321521 NO. 198 tem - in that Respondent's structural calculations failed to conform to acceptable engineering standards. COUNT TWO 11. Petitioner reallegos and incorporates paragraphs one (1) shrongh six (6) as if fully set forth herein this Count Two. 12. Rather than the mean roof height of 38 feet as shown on page | of Respondent's handwritten celevlations, Respondent assumed a value of 20 fect. This further understated the value of tho velocity pressure. 13. Based on tho foregoing, Respondent ia charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering in that Respondent was negligent in his use of the assumed height of the building rather than the mean height of the roof. | COUNT THREE 14. Petitioner realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein this Count Three. 15, — Respondent incorrectly assumed that the residential construction was in an Exposure Category C rather than in Exposure D aa required for structures within 1500 feet of open water. This further understated the yaluo of the velocity pressure by perhaps another 18 porcent. The presence of the CCCL line, indicating close proximity to the gulf is clearly shown on sheet A-O of the Permit Drawings dated February 24, 2000 and Respondent should have been aware of that fact. P13 B2/13/72001 isiis TILTON & METZGER; PA. > 5218521 NO. 198 ‘ ; ne! — 16. On March 31, 2000, Respondent performed revisions to the structurii calculations. The structural calculation revisions were reasonable but stil) contained the following concems. a There are considerable areas on the roof where Code specified wind uplift Joada are significantly greater than the 65 pound per square foot assumed by Respondent. b. Calculations do not satisfactorily demonstrate the adequacy of shear walls, particularly those in the front of the building, to safely resist Code specified lateral wind loads. c. Calculations do not satisfactorily address the apportionment of lateral wind loads to the various pile bents. 17. 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. 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 assessment of casts related to the investigation and B14 @2¢13/2081 15:15 TILTON & METZGER, PA. » 52108521 No. 198 DiS i . ard ~ iri hada it ier idl Prosecution of thia case, other than costs associated with an attorney's time, ss provided ‘for in Section 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropriate, SIGNED this_\S"™ day of Veer — Qe , 2000, Prosecuting Attorney COUNSEL FOR FEMC: Douglas D. Sunshine F | L E D Flore Board of Professional Engineers. Department of sane eK _ 1208 Hays Street ‘ Tallahassee, Florida 32301 WM Nidal Florida Bar No, 935263 cura tarde Me morn \A- 18-2000 PCP: November 16, 2000 DATE PCP Members: Coby, Rebane, Seckinger

Docket for Case No: 01-000624PL