. OM - sik STATE OF FLORIDA 009 iy FLORIDA BOARD OF PROFESSIONAL ENGINEERS. MSG 2b A I, 23 FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, : v. FEMC Case No. 2006066772 JOSEPH GILBERTI, P.E., 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 JOSEPH GILBERTI, P.E., 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 56079. Respondent’s last known address is 6680 Crestridge Loop, Ste #301, Fort Myers, FL 33912. 3. On January 7, 2008, Respondent was adjudicated guilty of violating Section 784.048(2), Florida Statutes, in the County Court in and for Lee County, Florida. Section 784.048(2), Florida Statutes, provides that “[aJny person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.” 4. The facts underlying the January 7, 2008 criminal adjudication involved in material part Respondent’s actions directed towards the employees and owners of Barraco & Associates, an engineering business holding Certificates of Authority #s 7995 and 9964. Respondent had been an employee of Barraco & Associates as a Professional Engineer prior to and during the time period that he committed the acts, which formed the basis for the criminal adjudication of guilt described in Paragraph 3. 5. Section 471.033(1)(d), Florida Statutes, provides that disciplinary action may be taken against a Professional Engineer for “[bJeing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of engineering or the ability to practice engineering.” Likewise, Section 455.227(1)(c), Florida Statutes, provides that disciplinary action can be taken against a Professional Engineer for “[b]eing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession.” FBPE v. Joseph Gilberti, P.E., Case No. 2006066772 6. Insofar as the activities which formed the basis for Respondent’s January 7, 2008 conviction derived directly from his employment with and involved the employees and owners of the engineering firm with which he had been employed as a Professional Engineer, Respondent’s criminal adjudication was for a crime that directly related to his practice as a Professional Engineer and directly related to his ability to practice as a Professional Engineer. 7. Based on the foregoing, Respondent is charged with violating Sections 455.227(1)(c) and 471.033(1) (d), Florida Statutes, by being adjudicated guilty of a crime, which directly relates to the practice of engineering or the ability to practice 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 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 27" _ day of 2008. FILED CLERK | Regulation Denartment of Business and Professional oan DEPUTY CLERK DATE M Michele Bene, Director 5-2 - oo COUNSEL FOR FEMC: FBPE v. Joseph Gilberti, P.E., Case No. 2006066772 John Rimes Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/jt PCP DATE: May 20, 2008 PCP Members: Rebane, Seckinger CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to JOSEPH GILBERTI, P.E., 6680 CRESTRIDGE LOOP STE 301, FT MEYERS, FL 33912, by certified mail, on the of 2008. FBPE v. Joseph Gilberti, P.E., Case No. 2006066772 STATE OF FLORIDA ; FLORIDA BOARD OF PROFESSIONAL ENGINEERS! JUN 2b A ff: 23 Anvietnay ne OUVISTON OF FLORIDA BOARD OF PROFESSIONAL ADMINISTRATIVE Petitioner, ; v. FEMC Case No. 2006066772 JOSEPH GILBERTI, P.E., 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 JOSEPH GILBERTI, P.E., 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 56079. Respondent’s last known address is 6680 Crestridge Loop, Ste #301, Fort Myers, FL 33912. 3. On January 7, 2008, Respondent was adjudicated guilty of violating Section 784.048(2), Florida Statutes, in the County Court in and for Lee County, Florida. Section 784.048(2), Florida Statutes, provides that “[aJny person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.” 4. The facts underlying the January 7, 2008 criminal adjudication involved in material part Respondent’s actions directed towards the employees and owners of Barraco & Associates, an engineering business holding Certificates of Authority #s 7995 and 9964. Respondent had been an employee of Barraco & Associates as a Professional Engineer prior to and during the time period that he committed the acts, which formed the basis for the criminal adjudication of guilt described in Paragraph 3. 5. Section 471.033(1)(d), Florida Statutes, provides that disciplinary action may be taken against a Professional Engineer for “[{bJeing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of engineering or the ability to practice engineering.” Likewise, Section 455.227(1)(c), Florida Statutes, provides that disciplinary action can be taken against a Professional Engineer for “[bJeing convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession.” FBPE v. Joseph Gilberti, P.E., Case No. 2006066772 6. Insofar as the activities which formed the basis for Respondent’s January 7, 2008 conviction derived directly from his employment with and involved the employees and owners of the engineering firm with which he had been employed as a Professional Engineer, Respondent’s criminal adjudication was for a crime that directly related to his practice as a Professional Engineer and directly related to his ability to practice as a Professional Engineer. 7. Based on the foregoing, Respondent is charged with violating Sections 455.227(1)(c) and 471.033(1) (d), Florida Statutes, by being adjudicated guilty of a crime, which directly relates to the practice of engineering or the ability to practice 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 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 27" _ day of 2008. FILED Department of Business and Professional Regulation DEPUTY CLERK Carrie Flynn Executive Director COUNSEL FOR FEMC: FBPE y. Joseph Gilberti, P.E., Case No. 2006066772 John Rimes Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No. 212008 IR/jt PCP DATE: May 20, 2008 PCP Members: Rebane, Seckinger CERTIFICATE OF SERVICE T hereby certify that a copy of the foregoing was furnished to JOSEPH GILBERTI, PE., 6680 CRESTRIDGE LOOP STE 301, FT MEYERS, FL 33912, by certified mail, on the of 2008. FBPE v. Joseph Gilberti, P.E., Case No. 2006066772

Docket for Case No: 08-003113PL