oe Yd 1e7 STATE OF FLORIDA fo DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION aA vA 19 DEPARTMENT OF BUSINESS AND 7 PH Is pe ‘PROFESSIONAL REGULATION, Petitioner, WS. DBPR Case No.: 2003-077312 RICHARD CORTES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against RICHARD CORTES, ("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, a licensed architect in the State of Florida, having been issued license number AR 14236. 3. Respondent's address of record is 11221 SW 100™ Avenue, Miami, Florida 33176. 4. On or about October 29, 1998, Respondent contracted with Mrs. Virginia Sward and Mr. Ricardo Amaldo as a Contractor to provide services on their residence. 5. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of Contracting pursuant to Chapter 489, Flonda Statutes. 6. Section 489.127(f}, Florida Statutes states that no person shall engage in the business or act in the capacity of a contractor or advertise himself as available to engage in the ‘business or act in the capacity of a contractor without being duly registered or certified. 7. Qn or about March 3, 2001, signed and sealed as a Florida licensed architect the log of approved inspections to comply with SFBC 307.2 for the Sward and Amaldo residence. COUNT i 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. 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. 10. Based upon the foregoing, Respondent has violated Section 481.225(1)(g), Florida Statutes by signing and sealing inspection reports for a project in which he was not authorized to perform inspections and was supposed to be acting as the contractor. COUNT II 1l. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 12. Section 481.225(1)(a), Florida Statutes, states in pertinent part that violating any provision of Section 455.227(1), Florida Statutes, constitutes grounds for disciplinary action. 13. Section 455.227(1)(0), 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. 14. Based upon the foregoing, Respondent has violated Section 48] .225(1)(a), Florida Statutes, by violating Section 455.227(1)(o), Florida Statutes, by performing services as a “contractor when he was not licensed to perform such services. | COUNT I 15. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 16. Section 481.225(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. 17. Rule 61G1-12.001(6)(c), Florida Administrative Code, states it is a violation for knowingly becoming involved in.a conflict of interest as to an employer or client without the permission of the client. , 18. Based on the foregoing, Respondent has violated Rule 61G1 -12.001(6)(c), Florida Administrative Code, for becoming involved in a conflict of interest by acting as the inspector on the same project Respondent acted as the Contractor. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing one or more of the following penalties: Lmposition 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. st Signed this _3/-- dayof__Ge+tebe- 2003. \ Syme ts | D equation DAVID K. MINACCI capes and pratessional Smith, Thompson, Shaw & Manausa, P.A. ent of BUSINES CLERK 2075 Centre Pointe Blvd. Departm EPUTY D . . Tallahassee, FL 32308-4893 ; {M: FL Bar No. 0056774 Py pra (850) 402-1570 CLERK Ai aig 20> DATE cP. laste ELECTION OF RIGHTS Florida Department of Business and Professional Regulation Board of Architecture and Interior Desi gn Subject: ~ Richard Cortes Case No.: 3003-077312 \. T have read the Administrative Complaint in this matter and elect as follows: CHECK ONE OPTION 1. _X___ I elect to dispute the material facts alleged in the Administrative Complaint and request a hearing with the Division of Administrative Hearings of the Department of Administration, pursuant to Section 120.57(1), Florida Statutes. The Law Offices of Lee Meadows Lee Meadows, #328871 i Paige Billings Shoemaker, #143022 403 North Calhoun Street Tallahassee, Florida 3230] Phone (850) 224-8873 Fax (850) 681-0139 CERTIFICATE OF SERVICE ] HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to David Minacci; Smith, Thompson, Shaw, and Manausa, P.A., 2075 Center 1 Pointe SNE _ Tallahassee, FI 32308 this S day of << , 2004 Serf ) ta) 2 Shem), < The Law Offices of Lee Meadow: Lee Meadows, #328871 Paige Billings Shoemaker, #143022 403 North Calhoun Street Tallahassee, Florida 32301 Phone (850) 224-8873 Fax (850) 681-0139

Docket for Case No: 04-001767PL