FILED Florida Engineers Management Corporation Deputy Agency Clerk 1/20/2017 Clerk: Rebecca Valentine Evette Lawson-Proctor STATE OF FLORIDA 142012017 FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2016029320 JOSEPH GILBERTI, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engincers, 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 Engincers 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 9438 Daughtrey Road, Sidell, FL 32466. 3. On May 28, 2014, Respondent, in Hillsborough County Court (Case #13-CM-008278- A), was found GUILTY of criminal charges of STALKING, as provided in Section 784.048(2), Florida Statutes. 4. Respondent was adjudicated guilty by the Court and was sentenced to time served and was required to pay fees in the amount of $622.00. 5. Respondent failed to report the May 28, 2014 adjudication to FEMC or the Board. 6. Section 471.033(1)(d), Florida Statutes, provides “[t]he following acts constitute grounds for which the disciplinary actions in [Section 471.033(3)] may be taken: ...(d) Being 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.” 7. Section 471.013(1)(a), Florida Statutes, provides in material part: “A person shall be entitled to take an examination for the purpose of determining whether she or he is qualified to practice in this state as an engineer if the person is of good moral character...” Insofar as being of good moral character is a specific prerequisite to being initially licensed as a Professional Engineer, the maintenance of such good moral character directly relates to the practice of engineering or to the ability to practice engineering. 8. Respondent, by being found GUILTY of violating Section 784.048(2), Florida Statutes, committed a crime that evidences a lack of good moral character. Such a lack of good moral character is found by conduct which would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and nation. STALKING, as proscribed by Section 784.048(2), Florida Statutes, is a crime that evidences a lack of respect for the rights of others. As a result of Respondent’s adjudication of GUILT for violating that provision of law, Respondent has failed to maintain the good moral character required of all Professional Engineers. FBPE vs. Joseph Gilberti P.E., Case No, 2016029320 9. Section 471.033(1)(a), Florida Statutes, provides: “[t]he following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken: (a) Violating any provision of. 455.227(1),...” Section 455.227(1t), Florida Statutes, provides that the license of a professional! engineer may be disciplined for “[flailing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must freport a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.” COUNT I 10. _ Petitioner realleges and incorporates Paragraphs One (1) through Eight (8) as if fully set forth in this Count One. I. By being found guilty of violating Section 784.048(2), Florida Statutes, Respondent was found guilty of committing crimes of moral turpitude and thus has not maintained the good moral character required of a Professional Engineer. As a result, Respondent’s conviction directly relates to the Respondent’s practice of engineering and to Respondent's ability to practice engineering. 12. Based upon the foregoing, Respondent is charged with violating Section 471.033(1\(d), Florida Statutes. COUNT II 13. Petitioner realleges and incorporates Paragraphs One (1) through Nine (9) as if fully set forth in this Count Two. 14, Respondent failed to report the May 28, 2014 conviction to FEMC or the Board. 15. Based on the foregoing, Respondent is charged with violating Section 47 1.033(1) (a), Florida Statutes, by violating the provisions of Section 455.227(1)(t), 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 FBPE vs. Joseph Gilberti P.E., Case No. 2016029320 3 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. wo SIGNED this 20 day of NAY 2017. Zana Raybs “T ifector COUNSEL FOR FEMC: John J. Rimes, UI Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/rv PCP DATE: January 10, 2017 PCP Members: FLEMING, BRACKEN & MATTHEWS ERTIFICA’ ER Thereby certify that a copy of the foregoing was furnished to Joseph Gilberti, P.E.at 9438 Daughtrey Road, Sidell, FL 32466, by certified mai! and First Class U. S. Mail, on the a@d of 2 2017. eho, Rebecca Valentine, Paralegal FBPE vs. Joseph Gilberti P.E., Case No. 2016029320

Docket for Case No: 17-003257PL