Division of Administrative Hearings VS. DBPR Case No.: 2002-01022 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSION? DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, OSCAR WOODY, JR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against OSCAR WOODY, ("Respondent"), and says: l. Petitioner is the state agency charged with regulating the practice of architecture pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 005063. 3. Respondent's address of record is Post Office Box 12874, Pensacola, Florida 32576-2874. 4. On or about November 5, 2001, Lee Mabire (“Mabrie’”’) contracted with Lavonia Ives (“Ives”) to perform architectural services on commercial property located at 2621 Michigan Avenue, Pensacola, Florida. Although Ives made the check payable to Respondent, Mabrie contracted to provide architectural services. 5. At all times material hereto, Mabrie was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 6. On or about November 5, 2001, Respondent signed and sealed the plans prepared by Mabire for Ives for permitting. 7. On or about December 12. 2001, Mabrie contracted with ives to revise blueprints for the same property. On this occasion, Ives paid Mabrie directly for his services. 8. Respondent contracted to perform the services through Oscar Woody Jr. and Associates. 9. Oscar Woody Jr. and Associates does not have a certificate of authorization to perform architectural services. 10. Respondent and Mabrie did not execute a written agreement between themselves regarding each parties responsibility under the agreement with Ives. 11. Respondent did not supervise the preparation of the aforementioned plans and drawings. 12. The aforementioned plans and drawings were prepared outside of Respondent's office. 13. The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. 14. The Respondent functioned as essentially a “plan stamper” for Mabrie’s plans since Mabrie is not licensed to practice architecture in the State of Florida. 15, In preparation of the plans and drawings, Respondent was negligent in that he tailed to exercise due care to conform acceptable standards of architectural practice in such a manner as to be detrimental to the public. 16. The plans and drawings were not of sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. 17. In certifying the aforementioned plans and drawings, the Respondent was certifying that they were sound from an engineering standpoint as well as from an architectural standpoint. 18. The Respondent is not qualified to determine whether plans are sound from an engineering standpoint. 19, Rule 61G1-16.004, Florida Administrative Code, requires the title block to contain: a. Firm name, address, and telephone number. b. Firm license number. c. Name or identification of project. d. Date prepared. A space for the signature and dated sealed. © f. A space for the printed name of the person sealing the document. 20. The plans and drawings certified by Respondent, failed to meet the title block requirements of Rule 61G1-16.004, Florida Administrative Code. COUNT I 21. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. 22. Section 481.221(4), Florida Statutes, states in pertinent part that no registered architect shall affix her or his signature or seal to any final construction document or instrument of service which includes drawings, plans, specifications, or architectural documents which were not prepared by her or him or under her or his responsible supervising control or by another registered architect and reviewed, approved. or modified and adopted by her or him as her or his own work according to rules adopted by the board. 23. Rule 61G1-23.015(1), Administrative Code, require the architect to prepare and maintain as evidence of the architect’s efforts: written caiculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or loval authorities upon their request. 24. Rule 61G1-23.015(2), Administrative Code, requires the architect to maintain written documentation that the architect has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. 25. Rule 61G1-23.015(3), Administrative Code, requires the architect to be present whenever such final work is submitted to a client, in order to respond to questions and maintain written minutes of such a submission meeting. 26. Based upon the foregoing, Respondent has violated Section 481.221(4). Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. COUNT IH 27. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. 28, Section 48 [.225(1)(i), Florida Statutes, states in pertinent part that no registered architect shall aid, assist, procure, or advise any unlicensed person to practice architecture contrary to this part or to a rule of the department or the board. 29, Based upon the foregoing, Respondent has violated Section 481.225(1)(i), Florida Statutes, by assisting Mabrie in his performance of unticensed activity contrary to Chapter 4 Florida Statutes. COUNT Tt 30. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. 31. Section 48 1.225(1)(g), Florida Statutes, states in pertinent part that committing any act of fraud, deceit, negligence, in competency, or misconduct in the practice of architecture constitutes grounds for disciplinary action. 32. Based upon the foregoing, Respondent has violated Section 481.225(1)(g), Florida Statutes by signing and sealing plans that do not conform to acceptable standards of architectural practice. 33. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. 34. Section 48 1.221(6), Florida Statutes, states final construction documents or instruments of service which include plans, drawings, specifications, or other architectural documents prepared by a registered architect as part of her or his architectural practice shall be of a sufficiently high standard to clearly and accurately indicate or illustrate ail essential parts of the work to which they refer. 35. Based upon the foregoing, Respondent has violated Section 481.221(6), Florida Statutes by signing and sealing plans that are not sufficiently detailed. COUNT V 36. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. 37. Section 48 1.225(1)(a), Florida Statutes, states in pertinent part that violating any provision of Section 455.227(1), Florida Statutes, constitutes grounds for disciplinary action. 38. Section 455.227(1)(o), Florida Statutes, states in pertinent part that practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform constitutes grounds for disciplinary action. 39. Based upon the foregoing, Respondent has violated Section 481.225(1)(a), Florida Statutes, by violating Section 455.227(1)(o), Florida Statutes, by certifying work that was beyond his ability to perform. COUNT VI 40. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. 41. — Section 481.221(2), Florida Statutes, states in pertinent part that no registered architect shall affix, or permit to be affixed, her or his seal or signature to any final construction document or instrument of service which includes any plan, specification, drawing or other document which depicts work which she or he is not competent to perform. 42. Based upon the foregoing, Respondent has violated Section 481.221(2), Florida Statutes, by certifying work that was beyond his ability to perform. 43. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein, 44, Section 48 1.225(1)(a), Florida Statutes, states in pertinent part that violating any tule of the board lawfully adopted pursuant to this part or Chapter 455 constitutes grounds for disciplinary action. 45. Rule 61G1-16.004, Florida Administrative Code, contains the requirements of a title block. 46. Based upon the foregoing, Respondent has violated Section 481.225(1), Florida Statutes and Rule 61G-16.004, Florida Administrative Code, by submitting construction documents for permit with a title block that is in violation. COUNT VU 47. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty (20) as if fully set forth herein. . 48. Section 481.219(2), Florida Statutes, requires a certificate of authorization to practice architectural services through a corporation, partnership, or under a fictitious name. 49. Based upon the foregoing, Respondent has violated Section 48 1.219(2), Florida Statutes, by practicing architectural services through Oscar Woody Jr. and Associates, without a certificate of authorization WHEREFORE. Petitioner respectfully requests the Board enter an Order imposing one or more of the following penalties: Imposition of probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per count. require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 74” dayof__deeembe 2002. VL Eda Bey Saye DAVID K. MINACCI af OITN ae ; Smith, Thompson, Shaw & Manausa, P.A. centve™ oer H) 2075 Centre Pointe Blvd. Tallahassee, F] 32308-4893 9. FI Bar No. 0056774 \7 is 20 (850) 402-1570

Docket for Case No: 03-000491PL