Feb 21 2007 10:28 Fax sent by : 9585218521 FL BOARD 62-21-87 16:18 Py: 24749 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS MANAGEMENT CORPORATION, Petitioner, ; | v. FEMC Case No. 2005034400 HERMAN R, WEINBERG, P-E., | Respondent. COMES NOW the Florida Engineers Management Corporation, hereinafter pte to as “Petitioner,” and files this Administrative Complaint before the Board of Professiogal Engineers against Herman R. Weitberg, P-E., hereinafter referred to as “Respondent”. This Aliministative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes, Atty proceeding conceming this complaint shall be conducted pursuant to Section 120.57, Floridal Statutes. In support of this complaint, Petitioner alleges the following: 1. Petitioner is charged with providing administrative, investigative, and prosecutorial services to the Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). ‘The Board of Professional Engineers is charged with degulating the practice of engineering pursuant to Chapter 455, Florida Statutes. 2. Respondent is, and thas been at all times material hereto, «eed professional - engineer in the State of Flotida, having been issued license number PE 30128. Respondent's last known address is 1487 Sccond:Street, Sarasota, Florida 34236. 4 tag at haa Baht ated GMB ay ely Feb 21 2007 10:29 Fax sent by : 9585218521 FL BOARD 62-21-87 16:19 Py: 25/749 i : ; 3. The Respondent signed and sealed plans for Phase I (ERP seats. 0, prepared in 1997) and Phase If (ERP #44046352,001, prepared in 2000-2001) of Palmetto Retirement Village projects ERP applications, which fuiled to depict a drainage ditch totaled immediate south of the northern property boundary. 4, A third-party survey map dated July 24, 1996 indicates that a drainage ditch existed immediately south of the adjacent northem property boundary. “This omitted information is critical in regulatory pemnit applications. | COUNT ONE | 5, Petitiotier realleges and incorporates paragraphs one (1) through fe (4) as if fully set forth in this Count One. : | 6. . The Respondent certified a Statements of Completion form for thie Southwest Florida Water Mariagernent District (SWFWMD) for Phase I Palmetto “+ Village projects indicating that the surface water management system was completed in setae wi the permiited:construction ‘plans. : 7. The Staterient of Completion was submitted to the swevadp with’ the accompanying as-built drawings, which should have depicted any minor cevisies from the permitted plans. The Respondent’s Statements of Completion were found by SWEWMD to be deficient with pemifited:sarface ‘management features not having been constructed; the permitted surface management features were not constructed as permitted; the as-built drawihgs filing to depict all constructed feats; and the as-built drawings filing to identify svi from’ the | permitted plans. ; FEMC v. Herman ity Weinberg.’P E., Case #-2005021400 4 Feb 21 2007 10:29 Fax sent by : 9585218521 FL BOARD 62-21-87 16:19 Pg: 26749 8. HED} Engineering, Inc., is the Engineering Firm of Record for Pha Palmetto Retirement Village projects. The Respondent is the Registered Principal Officer for HEDJ Engineering, Inc. 9, Based on the’ foregoing, Respondent is charged with violating Section 471.033(1\(g), Florida Statutes, by engaging in negligence and misconduct in the! practice of 10. Petitioner realleges and incorporates paragraphs one (1) through fa (4) as if fully set forth in this Couitt Two. 11. The Respondent certified two Statements of Completion form for thle Southwest - Florida Water Memagement District (SWFWMD) for Phase II Palmetto Retiretfent Village projects indicating that the surface water management system was completed in acoindance with the permitted coristruction plans. . 12, ‘The ‘Statement of Completion was submitted to the SWFWMD with: the accompanying as-built drawings, which should have depicted any minor soviet from the permitted plans. The Resporkdent’s Statements of Completion were found by SWEWMD to-be deficient with perinitied surface management features not having been constructed, the permitied. . surface management features were not constructed as permitted; the as-biilt drawitgs failing to . depict all constructed features; and the as-built drawings failing to identify deviations from the permitted plans. 13. HEDJ Engineering, inc., is the Engineering Firm of Record for Phase Il Palmetto i i Retirement Village projects. ‘The Respondent is the Registered Principal Offickr for HEDJ ” Engineering, Inc. FEMC v. Herman R. Weinberg, P.E., Case # 2005021400 3 Feb 21 2007 10:29 Fax sent by : 95852168521 FL BOARD 62-21-87 16:19 Pg: 27/49 14. Based: on’ the foregoing, Respondent is charged with violating Section 471,033(1\g), Florida Statutes, by engaging in negligence and misconduct in the| practice of engineering. COUNT THREE 15. Petitioner realleges and incorporates paragraphs one (1) through oo @) as if fully set forth in this Count’Tiiree. os fois. : 16. EDI Engineering, Inc.’s Certificate of Authorization number does not appear on the plans, ag required by Rule 61G15-23.002(2), Florida Administrative Code, wiih states if practicing through a ‘daly authorized engineering business, the engineer shall indicate the name, arldress, and certificate of authorization mumber of the engineering business on each sheet, 17, _Based’on the foregoing, Respondent is charged with violating Section 471 1.033(1Xa), Florida Statutes, by violating Section 471.025(1), Florida Statutes. WHEREFORE, the Petitioner respectfully requests the Boatd of Professions E 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, imybostion of an administrative fine, issuance of a réprimand, placement of the Respondent on plobation, the assessment of costs related to the investigation and prosecution of this case, ote ti associated with an attomey’s time, as provided for in Section 455,227(3), Florida Stdtutes, and/or any other relief that the Board deems appropriate, . | . FEMC y, Herman R, Weintxeg: PE, Case'# 2005021400 4 Feb 21 2007 10:30 Fax sent by : 8585218521 FL BOARD 42-21-87 16:28 Pg: 28/49 STATE OF FLORIDA : FLORW@A ENGINEERS MANAGEMENT CORPORATION , RE: HERMANR. WHINGERG, PE. : CASE No 2005821400 ELECTION OF RIGHTS | lease select only | of the 3 options) ; : . i This form yaust be filed at the Florida Eagincera Manegement Corporation office in Tallahadsee, Florida, within 21 days of receipt, Failure’ to do so shall be deemed a waiver of your right to an admin’ hearing. Select one of the following options and sign below: Stipulation Thave read and understand the enclosed Stipalation and Settlement agreement. By signing the ment, I choose not to litigate the issues or facts alleged, hereby waive my right to a hearing under Sections 120.569 and 120.57, Florida. ._ Stahstes, and { will abide by the conditions imposed. bo a Informal Heartig i ; Tao not dispete the facts upon which the Administrative Complaint is based. I wish to make an xplenation of those facts or to submit a written statement or speak on my bebalf at an informal hearing. The informalihearing will be before - Board of Professional Engineers in decordance with Sections 120,569 and 120. 572), Florida § arid applicable portions of Chapter 28-106, Florida Administrative Code. we -Formal Beariag..... so T dispute the facts upon which the Administrative Complaint is based, [have attached to this for a petition or written statement in conformance with Rule 28-106.201, Florida Administrative Code, and hereby a formal hearing to be conducted pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and applicable porti of Chapter 28-106, Florida Administrative Code, ‘I acknowledge that failure to comply with Rule 28-106.201, Administrative Code, _Tnay result in the denial of nry request for a formal hearing. Ha at iecing ail beheld bofote on Admainstatve Law Judge of the Division of Administrative Hearings, where | may present evidence and argumient on the issues. [have read and understand this Blection of Rights form and understand that I have the right to beltepresented by counsel or qualified represeritative at cither ani informal or formal hearing. [also understand that | urast ittach a petition or written statement of the disputed ismes of material fact if Thave requested a formal hearing. 0:573, Florida Stunates, is not available as seative remedy. ilom aie ev ~ Type oF print Your = a ype or print your attorney's ame) eH Little John Anil 2 Fruita Ra Hl ay, ae aap dis iy, stale nd Dp od) SISA, FL _34232- Sarnseha, Pl cL 3 4237 CFelephone inmber, tea code) sp comin is en strat Qu|- MAS aS3¥. - Dougizs D, Sunshine, Boqiire Prosecuting Attormey | { ; t c/o Florida Board of Professional Engineers 2507 Callaway, Suite 200 : Tallahassee, Florida 32303 (850) 521-0500 Rev, 11/01

Docket for Case No: 07-000919PL