Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: EDWARD F. WORRELL
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: New Port Richey, Florida
Filed: Oct. 09, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 3, 2003.
Latest Update: Dec. 26, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. DBPR Case wos 3003-07533
EDWARD F. WORRELL,
Respondent.
/
eee
ADMINiSTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
("Petitioner"). files this Administraiv2 Complaint before the Board of Architecture and Interior
Design against EDWARD F. W ORRELL. ("Respondent"), and says:
1. 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, @ licensed architect in the
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State of Florida, having been issued licerise number AR 001 5342.
3. Respondent's address of record is 6969 Edgewater Drive, New Port Richey,
Florida 34652.
4. On or about May 20, 2002, an Administrative Complaint was filed against the
Respondent alleging one count of negligence. The Administrative Complaint alleged that due to
design flaws, beams were overstressed which caused the failure and collapse of a building.
5. On or about September 19, 2002, a Final Order was entered reprimanding
Respondent's license, and placed him on two years probation. The terms of probation required
Respondent to submit to the Board a list of all current projects and the probable cause panel
would select three projects to review. Respondent would then be required to submit the plans
and appropriate documents for the probable cause panel's review.
6. On or about November 18. 2002. Respondent submitted a project list to the
Department of Business and Professional Regulation.
7. On or about January 17. 2003. the probable cause panel requested plans/drawing
for the following three projects:
a. Stegner/Keiss Residence
b. Tarpon Springs Manor
c. Sally Beauty Company
8. On or about February 10, 2003, Respondent submitted plans and drawings for
review.
9. In preparation of the ar-‘itectural and structural drawings for the Stegner/Keiss
residence, Respondent was negligent in that he failed to exercise due care to conform acceptable
standards of architectural practice in such a manner as to be detrimental to the public. The
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drawings were deficient in the following areas:
a. Structural Stee] grillage specifications are incorrect or lacking.
b. Concrete strength specified is not consistent with concrete strength throughout the
plans.
c. The structural floor framing is not coordinated with the architectural plan. A
structural support column falls in the middle of a bedroom.
d. The size of the plate at the steel beams is in conflict with other pages of the plans
and the method of attachment is not consistent.
e. The structural post support for the second floor framing is not coordinated with
architectural plan.
f There is no section or detail which clearly defines the framing at the re-entrant
wall at the second floor right ha’ d side.
The building wall projection at the right hand side of the plan is not to correct
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dimension. and the error is carried over to the elevation drawings.
h. The Typical Section coes not comport with the Foundation and Stee] Frame
Plans.
i. No connection detail is provided or specified for attachment of steel beams to
masonry piers.
j. The MST 36 steel strap beam to the exterior wal] connector specified at the First
Floor, Typical Section, will not meet conditions illustrated.
k. There is an error in the design of “Beam No 2”. The corrected bear Section
Modulus is 44.4. This is 12.4% greater than the W12x31 steel beam selected by Subject.
The beam is overstressed. Potential structural problems and/or life safety issues may
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accrue from this error.
10, In preparation of the architectural and structural drawings for Tarpon Springs
Manor, Respondent was negligent in that he failed to exercise due care to conform acceptable
standards of architectural practice in such a manner as to be detrimental to the public. The
drawings were deficient in the following areas:
a. The plan consists of a single sheet and offer no supporting documents which
describes the overall project.
b. The bathroom elevation detail drawing do match the plan dimensions and,
therefore. convey a distorted and inaccurate impression of the what the finished product
will be.
Elevation No. 3 “Water Closet Elevation” is reversed and incorrect.
d. Space for maneuvering a wheel chair. as depicted in the “Sink Elevation” detail.
is not physically available.
COUNT I
11. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10)
as if fully set forth herein.
12 Section 481.225(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.
13. 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 for the Stegner/Keiss Residence.
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* COUNT I
14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10)
as if fully set forth herein.
15. Section 481.225(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.
16. Based upon the foregoing, Respondent has violated Section 48).225(1)(g).
Florida Statutes by signing and sealing plans that do not conform to acceptable standards of
architectural practice for the Tarpon Manor project.
WHEREFORE. Petitioner respectfully requests the Board enter an Order imposing one
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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
tules promulgated thereunder.
W
Signed this__J/* _ dayof__ September . 2003.
BSD) HA
DAVID K. MINACCI
Smith, Thompson, Shaw & Manausa, P.A.
2075 Centre Pointe Blvd.
Tallahassee, Fl 32308-4893
FI Bar No. 0056774
(850) 402-1570
Docket for Case No: 03-003678PL
Issue Date |
Proceedings |
Dec. 03, 2003 |
Order Closing File. CASE CLOSED.
|
Dec. 02, 2003 |
Motion for Remand (filed by Respondent via facsimile).
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Nov. 12, 2003 |
Response to Requests for Production (filed by Respondent via facsimile).
|
Nov. 12, 2003 |
Response to Request for Admissions (filed by Respondent via facsimile).
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Nov. 12, 2003 |
Response to Interrogatories (filed by Respondent via facsimile).
|
Oct. 21, 2003 |
Order of Pre-hearing Instructions.
|
Oct. 21, 2003 |
Notice of Hearing (hearing set for December 10, 2003; 9:00 a.m.; New Port Richey, FL).
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Oct. 15, 2003 |
Response to Initial Order (filed by Respondent via facsimile).
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Oct. 15, 2003 |
Petitioner`s Response to Initial Order filed.
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Oct. 09, 2003 |
Administrative Complaint filed.
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Oct. 09, 2003 |
Petition for Formal Administrative Hearing filed.
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Oct. 09, 2003 |
Referral Letter filed.
|
Oct. 09, 2003 |
Initial Order.
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