FILED Florida Engineers Management Corporation / 5 . VOA0 PL Deputy Agency Clerk MAR 2 0 208 / ) J Evetie Lawson-Proctor 3/20/2015 STATE OF FLORIDA ‘—LORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, ¥. RONALD H. WILSON, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint against RONALD H. WILSON, P.E.. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding concerning this Administrative Complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In support of this Administrative Complaint, Petitioner alleges the following: 1 Florida Board of Professional Engineers (‘Petitioner,” “Board,” or “FBPE”), is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This Administrative Complaint (“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). Page 1 of7 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 9710. Respondent’s last known address and address of record with the Department of Business and Professional Regulation is 466 Weathersfield Avenue, Altamonte Springs, Florida 32714. 3. In 2012 Respondent sealed and signed various engineering design plans and calculations for site work elements for a project called ‘Willow Lakes Self-Storage’ in North Brevard County, Florida. The documents included the following: (a) A 10 page set of plans and design details dated August 28, 2012 (Site Plan; Existing Conditions Survey; Building Floor Plans; Paving, Drainage & Grading Plan; Grading Cross Sections; Paving & Drainage Details; Miscellaneous Details; Utility Plan; Utility Details). (b) An 11 page set of plans and design details dated October 22, 2012 (Fire Truck Access RadII, Site Plan, Existing Conditions Survey, Building Floor Plans, Paving, Drainage & Grading Plan, Grading Cross Sections, Paving & Drainage Details, Miscellaneous Details, Utility Plan, Utility Details, NDES Pollution Prevention Plan). (c) A 10 page set of plans and design details dated December 3, 2012 (Site Plan, Existing Conditions Survey, Building Floor Plans, Paving, Drainage & Grading Plan, Grading Cross Sections, Paving & Drainage Details, Miscellaneous Details, Utility Plan, Utility Details, NDES Pollution Prevention Plan). (d) NDES Pollution Prevention Plan, Fire Truck Access RadII)A 10 page set of plans and design details dated December 13 or 14, 2012, (Site Plan, Existing Conditions Survey, Building Floor Plans, Paving, Drainage & Grading Plan, Grading $C TTT FBPE vs. Ronald H, Wilson, P.E., Case No. 2014004705 Page 2 of 7 Administrative Complaint Cross Sections, Paving & Drainage Details, Miscellaneous Details, Utility Plan, Utility Details, NDES Pollution Prevention Plan). (e) Stormwater Management Reports dated August, 28, 2012 and October 22, 2012. (f) Notice of Intent to Use the General Permit for Construction of Water Main Extension for PWSs dated October 11, 2012. (g) Willow Lakes Self-Storage Retaining Wall Calculations, dated October 22, 2012. 4. Rule 61G15-23.002 (2)(b) and (3) (a) provides as follows in material part: (b) When an engineer must seal, sign and date engineering specifications or calculations under the provisions of Section 471.025, F.S., and subsection (1) of this rule, an index sheet for engineering specifications and calculations may be used. The index sheet must be signed, sealed and dated by those professional engineers in responsible charge of the production and preparation of each section of the engineering specifications or calculations, with sufficient information on index sheet so that the user will be aware of cach portion of the specifications or calculations for which each professional engineer is responsible. In addition, the index sheet shall include at a minimum: 1. The name, address and license number of each engineer in responsible charge of the production of any portion of the calculations or specifications. 2. Identification of the project, by address or by lot number, block number, section or subdivision and city or county. 3. Identification of the applicable building code and chapter(s) that the design is intended to meet. 4. Identification of any computer program used for engineering the specifications or calculations. (c) Engineering reports which must be signed, sealed and dated under the provisions of Section 471.025, F.S., and subsection (1) of this rule shall be sealed, signed and dated by utilizing a signature page or cover letter that is sealed, signed and dated by each professional engineer who is in responsible charge of any portion of the report. FBPE vs. Ronald H, Wilson, P.E., Case No. 2014004705 Page 3 of 7 Administrative Complaint (3){a) A title block shall be used on each sheet of plans or prints and shall contain the printed name, address, and license number of the engineer who has sealed, signed and dated the plans or prints. 5. None of the Willow Lakes Project documents listed in Paragraph Three (3) herein, constituting plans, reports, or engineering calculations contain the information required by Rule 61G15-23.002(2)(b) or 61G15-23.002(3)(a). 6. In addition, the following items are materially deficient on all of the Willow Lakes Project engineering plans described in Paragraph Three (3). A. Sheet PD-1 depicts paving, grading and drainage. There are no spot elevations for pavement in front of any buildings except the two retail units at the project entrance. Therefore no guidance is given regarding how this transition of floor elevation is to be achieved in the pavement at the face of the majority of buildings. B. Sheet UT-1 illustrates proposed water and gravity sewer construction. Water and sewer service are obtained by connection to lines within the adjacent RV park. Outside the Willow Lakes Self Storage site, the proposed water and sewer lines both occupy the same 15’ wide easement for approximately 160 lineal feet. However, no horizontal separation is specified, which is not consistent with the indication of compliance with item ‘w’ in the “Notice of Intent” as described on the previous page. c. Sheet UT-1 illustrates both plan and profile views of the proposed gravity sewer. On-site the plan view depicts a 187’ run and a 110’ run which terminates at SSMH-S. On-site the profile view depicts a single 240’ run terminating at SSMH4. The profile is clearly in error. 7. Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61G15-19.001(4), Fla. FBPE vs, Ronald H, Wilson, P.E., Case No. 2014004705 Page 4 of 7 Administrative Complaint Admin. Code, , provides that negligence constitutes “failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.” For the reasons set forth in Paragraph 6C, Respondent’s sealed documents for the Willow Lakes Project fail to meet this standard. 8. The Board has adopted Responsibility Rules of Professional Engineers (Responsibility Rules). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, Fla. Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. Rule 61G15-30.002(1), Fla. Admin. Code, mandates that Respondent, as the Engineer of Record, is professionally responsible for the documents prepared for the Willow Lakes Project. As such, Respondent is responsible for producing documents that comply with the applicable portions of the Responsibility Rules. 9. Rule 61G15-30.003(4), Fla. Admin. Code, Minimum Requirements for Engineering Documents provides as follows: “Engineering drawings shall be legible and clearly define and delineate the work in the project”. For the reasons set out in Paragraphs 6A and 6B, Respondent’s sealed documents for the Willow Lakes Project fail to meet this standard. 10. Section 471.033(1)(a), Florida Statutes, provides in relevant part: “[t]he following acts constitute grounds for which the disciplinary actions in [Section 471.033(3)] may be taken: ...[v]iolating ... any other provision of [Chapter 471] or rule of the board ....” COUNT I 11. Petitioner realleges and incorporates Paragraphs One (1) through Three (3) and Six (6) through Nine (9) as if fully set forth in this Count One. NTT FBPE vs. Ronald H, Wilson, P.E., Case No. 2014004705 Page 5 of 7 Administrative Complaint 12. Respondent’s drawings, specifications, and calculations for the Willow Lakes Project contain deficiencies including; but not limited to, those set forth in Paragraph Four (4). Respondent violated the provisions of Section 471.033(1}(g), Florida Statutes, and Rule 61G15- 19.001(4), Fla. Admin. Code, by sealing, signing and dating engineering documents that were issued and filed for public record when such documents were materially deficient in respect to and not in compliance with applicable code requirements or acceptable engineering principles. 13. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by being negligent in the practice of engineering. COUNT II 14. Petitioner realleges and incorporates Paragraphs One (1) through Five (5) and Ten (10) as if fully set forth in this Count Two. 15. Based on the foregoing, by not including the information required by Rules 61G15-23.002(2)(b) or 61G15-23.002(3)(a), Fla. Admin. Code, in the sealed documents for the Willow Lakes Project listed in Paragraph Three (3), Respondent is charged with violating Section 471.033(1)(a), Florida Statutes. 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 emer NRE FBPE vs. Ronald H, Wilson, P.E., Case No. 2014004705 Page 6 of 7 Administrative Complaint 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. t ath ag f SIGNED this dayor__ Le CA, 2015. Zana Raybon Executive Director L_ BY: Joht/J/Rimes, III Prosecuting Attorney t 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 PCP: November 18, 2014 PCP Members: RODDENBERRY, MATTHEWS & PEPPER PCP: March 10, 2015 PCP Members: FIORILLO, MATTHEWS & PEPPER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing filed Administrative Complaint was furnished to Ronald H. Wilson, P.E. at his last known address and address of record with the Department of Business and Professional Regulation of 466 Weathersfield Avenue, Altamonte Springs, Florida 32714, by U.S. Certified Mail, on the , Viel of (gcc by . 2015, coll Trishia Finkey, Paralegal ><; FBPE vs. Ronald H, Wilson, P.E., Case No. 2014004705 Page 7 of 7 Administrative Complaint

Docket for Case No: 15-002530PL