Jan 11 2010 14:17 JAN-11-2818 15:14 From:65@ Sel @5e1 Page: 8716 FILED Oepartment of Business and Professional Régulation Deputy Agency Glerk. CLERK Brandon Nichols Date 12/8/2009 Filet STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS py ut dele hid «gement Corporation ON Crerk FLORIDA BOARD OF PROFESSIONAL Ve, Lec a moa ENGINEERS, crern CUNALE Mi € DATE Oy a ar Petitioner, v. FEMC Case No. 2008048043 PAUL W. WINGARN, 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 Adminisirative Complaint against PAUL W. WINGARD, P.E., hereinafter referred {9 as “Respondent”. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Amy proceeding conceming 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 Iingineers Management Corporation (FIMC) on behalf of Petitioner. FEMC is charged with providing administrative, investigative, and prosecutorial services 10 the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). Jan 11 2010 14:17 JAN-11-2818 15:14 From:65@ Sel @5e1 Page: 9716 2, Respondent is, and has been at all times material hereto, a licensed professional engincer in the Stale of Florida, having been issued license number PE 58100. Respondent’s last known address is 11395 Waterford Village Dr., ort Myers, Florida 33913. 3. May 6, 2008 Respondent purportedly signed and apparently dated an engineering inspection report contained on Unitorm Mitigation Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Mena Residence located at 755 NW 135 Ct., Miami, F1. The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained therein were true and correct. 4. On July 31, 2008, Respondent purportedly signed and apparently dated an engineering inspection reporl contained on Uniform Mitigation Verification Inspection Form OIR-B!-1802 (rev. 07/07) (Inspection Form) for the Lechtner Residence located at 21289 Bellechasse CL, Boca Raton, Fl. The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained thercin were true and correct. 5. On August 4, 2008, Respondent purportedly signed and apparently dated an engineering inspection report contained on Uniform Mitigation Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Kirchgessner Residence located at 932] Nautilus Dr., Cutler Bay, FI. The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained therein were truc and correct. 6. On August 4, 2008 Respondent purportedly signed and apparently dated an engincering inspection report contained on Uniform Mitigetion Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Polsky Residence located at 1311 SW 56 Ave, Plantation, Fl, The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained therein were true and correct. FRPRy Pau! Wingard. PE, Case No. 2008048043 Jan 11 2010 14:18 JAN-11-2818 is:1e From:65@ Sel @5e1 Page: 18°16 7. On August 14, 2008, Respondent purportedly signed and apparently dated an engineering inspection report contained on Uniform Mitigation Verification Inspection Form OTR-B1-1802 (rev. 07/07) (Inspection Form) for the Doane Residence located at 2022 NW 19" Way, Boca Raton, Fl. The Inspection Form contained an engineering certification and opinion by Respondent that the statements containcd therein were (rue and correct. 8. On August 26, 2008, Respondent purportedly signed and apparently dated an engincering inspection report contained on Uniform Mitigation Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Diego Residence located at 13163 5. W. Yalaha St., Indiantown, Fl. The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained therein were truc and correct. 9, On August 27, 2008 Respondent purportedly signed and apparently dated an engineering inspection report contained on Uniform Mitigation Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Teme Residence located at 841 NE 206" St., Miami, Fl. The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained therein were true and correct. 10. On September 2, 2008, Respondent purportedly signed and apparently dated an engincering inspection reporl contained on Uniform Mitigation Verification Inspection Form OIR-131-1802 (rev. 07/07) (Inspection Form) for the Hernandez Residence located at 19919 SW 5" Ct, Pembroke Pines, Fl. The Inspection Form contained an enginccring certification and opinion hy Respondent that the statements contained therein were true and correct. 11. On September 2, 2008, Respondent purportedly signed and apparently dated an engineering inspection report contained on Uniform Miligation Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Melka Residence located at 6155 Vista FRPE v. Paul Wingard, PB, Case No. 2008048043 Jan 11 2010 14:18 JAN-11-2818 is:1e From:65@ Sel @5e1 Page:11°16 Linda In, Boca Raton, Fl. ‘The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained therein were true and correct, 12. On September 9, 2008, Respondent purportedly signed and apparently dated an engineering inspection report contained on Uniform Mitigation Verification Inspection Form OIR-B1-1802 (rev. 07/07) (Inspection Form) for the Higgenbotham Residence located at 10054 Crosswind Rd., Boca Raton, Tl. The Inspection Form contained an engineering certification and opinion by Respondent that the statements contained thercin were true and correct. 13. Respondent's signature, PE license number, and all other identifying information on all of the Inspection Forms referenced in Paragraphs 3-12 above were all placed upon the forms at the same time. The Forms were then mechanically reproduced in blank in advance of the entry of the relevant information by unknown persons at the time that the actual inspections of the various properties took placc. 14, Atall times material to these proceedings, Respondent permitted blank Inspection Forms that he had purportedly signed to be kept on the premises of a residential inspection finn, Caribbean Realty Support Services, Inc. As a result, the completed Forms, including but not limited o the documents described in Paragraphs 3-12 herein, were subsequently filled out and dated by persons unknown. 15. By creating or permilling to be created stamped pre-signed Inspection l‘orms which were then reproduced and Jilled out at the time that the inspections took place, Respondent affixed his signature to reports that had not been prepared under his supervision, direction and control insofar as the inspections to which the Forms referred had not yet taken place when Respondent's PF certification was placed upon the Vorms. PPE y. Paul Wingard, P.E., Case No. 2008048043 Jan 11 2010 14:18 JAN-11-2818 is:1e From:65@ Sel @5e1 Page: 12°16 16. Section 471.033(1)Gj), Florida Statutes, provides that a Professional Engineer’s license is subject to disciplinary action by the Board for “.. affixing or permitting to be alfixed his or her seal, name, or digital signature to any final drawings, specifications, plans, reports, or documents that were not prepared by him or ber or under his or her responsible supervision, direction, or control.” Rule 61G15-19.001(6)(@), Florida Administrative Code, provides that it is misconduct in the practice of engineering for a Professional Engineer to alfix his seal and/or signature to plans, specifications, drawings or other documents required to be scaled pursuant to 471.025(1), Florida statutes, when such documents have not been personally prepared by the engineer or prepared under his responsible supervision, direction and control. 17. Section 471.025(2), Florida Statutes, requires that “[al]ll final drawings, specifications, plans, reports, of documents prepared or issued by the licensee and being filed for public record and all! final documents provided to the owner or the owner's representative shall be signed by the licensee, dated, and sealed with said seal.” Rule 61G15-23.002(1), Fla. Admin. Code, (2008) provides that “[a] professional enginccr shall sign his name and affix his seal to all plans, specilications, reports, final bid documents provided to the owner or the owner's representative, or other documents prepared or issued by said registrant and boing filed for public record.” 18. None of the Forms described in Paragraphs 3-12 hercin contains Respondent's engineering seal although, as final engincering reports, the presence of Respondent’s seal is required, 19. Notwithstanding the fact that neither he nor his representative obtained access to the altic of the Tliggcnbotham Residence, Respondent opined in the Form relating thereto that the FBPE y. Paul Wingard, PE , Case No. 2008048043 Jan 11 2010 14:19 JAN-11-2818 15:13 From:65@ Sel @5e1 Page:13°16 Roof Deck Attachment and Roof to Wall Attachment at the Tliggenbotham Residence met standards that could not reasonably be ascertained without obtaining access to the attic. 20. By not disclosing that ncither he nor his representative had obtained access to the attic of the Higgenbotham Residence, Respondent’s opinion and certification implied that he actually had such access. Morcover, the means and methods utilized by Respondent or his representative in obtaining the data underlying the certification and opinion for the Higgenbotham Residence could not generate data equivalent to that which could only be obtained with attic access, As a result, Respondent’s certification and opinion, which failed to disclose that attic access was not obtained, would reasonably lead a uscr of the Inspection Form to the conclusion that the inspection met engineering slandards thal were not justified by the scope of the inspection. 21. Rule 61G15-19.001(6) (b), Florida Administrative Code, provides: “{a| professional cngineer shal] not commit misconduct in the practice of engineering. Misconduct in the practice of cngineering as set forth in Scction 471.033(1)(g), F.S., shall include, but not be limited to:...(b) [bJeing untruthful, deceptive, or misleading in any professional report, stalemetit, or testimony whether or not under oath or omitting relevant and pertinent information from such report, statement or testimony when the result of such omission would or reasonably could lead to a fallacious conclusion on the part of the client, employer or the gencral public;....” 22, By failing to disclose that there was no attic access during the inspection of the Higgenbotham Residence on the Inspection Form and by failing to disclose that he had based his conclusions on data that was materially less probative than would have been available if attic access had been utilized, Respondent’s certification and opinion contained on the Form omitted relevant and pertinent information which could reasonably lead to a fallacious conclusion on the KBPE. v. Paul Wingard, P.E., Case No. 2008048043 6 Jan 11 2010 14:19 JAN-11-2818 15:13 From:65@ Sel @5e1 Page:14°16 part of the client or the general public and therefore violated Rule 61G15-19.001(6) (b), Florida Administrative Code. COUNT I 23. Petitioner realleges and incorporates Paragraphs One (1) through Sixteen (16) as if fully set forth in this Count I. 24. Respondent signed the Inspection Forms noted in Paragraphs Three (3) through Twelve (12), via signature stamp, without being in responsible supervision, direction and control of the preparation of the Inspection Forms since he signed such Forms before the data contained thereon had ever been accumulated or (he mnspections relating thereto had ever occurred. 25. Based on the foregoing, Respondent is charged with violating Section 471.033(1) {g), Tlorida Statutes, by engaging in misconduct in the practice of engineering; with violating Section 471.033(1)), Florida Statutes, by scaling and or signing and dating engincering documents and containing engineering data and opinions that were not prepared by him or under his responsible direction and control; with violating Section 471.033(1)(a), Florida Statutes, by violating Rules 61G15-19.001(6}(j), Florida Administrative Code. COUNT Il 26. Petitioner realleges and incorporates Paragraphs One (1) through Twelve (12) and Seventeen (17) and Fighteen (18) as if fully set forth in this Count II. 27. Each of the Inspection Forms described in Paragraphs Three (3) through Twelve (12) are final engineering documents prepared by Respondent and issued under his signature. As such, they required the affixing of Respondent’s engineering seal to the documents. None of the Forms contain Respondent's engineering seal. FRPE vy, Paul Wingard, P.E., Case No. 2008048043 Jan 11 2010 14:19 JAN-11-2818 15:13 From:65@ Sel @5e1 Page:15/16 28. Based upon the foregoing, respondent has violated Scction 471.033(1) (a), Florida Statutes, hy not complying with the requirements of Section 471.025(2), Tlorida Statutes, and Rule 61G15-23.002(1), Florida Administrative Code (2008), COUNT IIL 29. Petitioner realleges and incorporates Paragraphs One (1) through Twelve (12) and Ninetcen (19) through Twenty Two (22) as if fully set forth in this Count TIT. 30. By failing to disclose that there was no attic access during the inspection of the Higgcnbotham Residence on the Inspection Form and by failing to disclose that he had based his conclusions on data that was materially less probative than would have been available if attic access had been utilized, Respondent’s cerlificalion and opinion contained on the Form omitted Televant and pertinent information which could reasonably lead to a fallacious conclusion on the part of the client or the general public and therefore violated Rule 61G15-19.001(6) (b), Florida Administrative Code. 31. Based on the foregoing, Respondent is charged with violating Section 471.033(1) (g), Florida Statutes, by engaging in misconduct in the practice of engineering by violating Rule 61G15-19.001(6) (b), Florida Administrative Code. WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposing one or morc 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 lime, as provided for in Section 455.227(3), Florida Statutes, and/or any other relicf that the Board deems appropriate. FBPE v. Paul Wingard, PT, Case No. 2008048043 Jan 11 2010 14:19 JAN-11-2818 15:13 From:65@ Sel @5e1 Page: 16°16 SIGNED this o hel day of ies mer . 2009, Carrie Flynn Executive Director ‘ BY: John/. Rimes, | [ Prosecutiig: Attorney COUNSEL FOR FEMC: John Rimes Prosecuting Attorney Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassce, llorida 32303 Florida Bar No. 212008 JR/sm PCP DATE: November 17, 2009 PCP Members: Rebane, Charland, Halyard CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was finished io Paul W. Wingard, P.E. located at 11395 Waterford Village Dr., Fort Myers, Florida 33913, by certified mail, on the /O' of OnBEA , 2009, wo LEE FBPE v. Paul Wingard, PK Case No. 2008048043

Docket for Case No: 10-000107PL