STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, mn vs. DBPR Case No.: 2003-079338 THOMAS H. WILLIFORD, Y- deer Respondent. 2. Cel T PL / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against THOMAS H. WILLIFORD, ("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 aumber AR 9900. 3. Respondent's address of record is P.O. Box 236, Holder, Florida 34445. 4. Linda Sawyer (“Sawyer”) contracted with Wyland Fowler (“Fowler”), owner of Construction Drawing Service, Inc., to draft plans for an addition to a house located at 11844 SE 98" Terrace, Bellview, FL 34420. 5. Sawyer paid Fowler directly for services performed pursuant to the above referenced contract. 6. At all times material hereto, neither Fowler nor Construction Drawing Service, Inc., were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7, On or about February 11, 2003, Respondent signed and sealed the plans for the Sawyer residence that were prepared by Fowler and the plans were submitted for permit to the Cocoa Beach Building Department. 8. Fowler paid Respondent for signing and sealing the above referenced plans. 9, On or about April 30, 2003, the Building Department rejected the plans due to thirteen deficiencies which included: a. Glass and venting are requirements for proposed family room are inadequate. b. Vertical rebar must show a standard hook in footing. Finish grade level must show on wall section. a d. Bathroom exhaust fans required in both new and existing baths. e. Existing room names must be shown on floor plan. f Smoke detectors required, g. Provide nailing schedule for gable end wall. h. Construction details required for connection between existing florida room and new construction. i. Design pressure and buck attachments required for windows. j. Information for shingles, flashing, and valleys required. k. Truss reactions, uplifts, connectors, and layout required. lL. Energy calculations, “J” and “D” manuals, and duct layout required. m. Indicate siding or finish on dutch gables. 10. Respondent did not supervise the preparation of the aforementioned plans and drawings. li. The aforementioned plans and drawings were prepared outside of Respondent’s office. 12. Respondent and Fowler did not execute a written agreement tetween themselves regarding each party’s responsibility under the agreement with Sawyer. 13. The Respondent, did not prepare and maintain: written calculations, correspondence, time records, check prints, telephone logs, site visit logs and research done for the aforementioned plans. 14. The Respondent did not personally inspect the project site for the aforementioned plans. 15. The Respondent was not present when the aforementioned plans were submitted to the client to respond to questions from the client and did not maintain written minutes of such a submission meeting. 6. The Respondent has adopted the aforementioned plans as his cwn work and thereby accepted professional responsibility for the aforementioned plans. 17. The Respondent functioned as essentially a “plan stamper” for Fowler’s plans since Fowler is not licensed to practice architecture in the State of Florida. 18. In preparation of the pians and drawings, 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. 19, 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. COUNTI 20. Petitioner bereby realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 21. 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. 22, Rule 61G1-23.015(1), Administrative Code, require the architect to prepare and maintain as evidence of the architect’s.efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or local authorities upon their request. 23. 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. 24. 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. 25. Based upon the foregoing, Respondent has violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifving work prepared by another. COUNT I 26. Petitioner hereby reatleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 27. Section 481.225(1)(i), Florida Statutes, states in pertinent par: 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. 28. Based upon the foregoing, Respondent has violated Section 431.225(1)(i), Florida Statutes, by assisting Fowler in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNT HI 29. Petitioner hereby realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 30. 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. 31, 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. COUNT IV 32. Petitioner hereby realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 33. Section 481.221(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 all essential parts of the work to which they refer. 34, Based upon the foregoing, Respondent has violated Section 481.221(6), Florida Statutes by signing and sealing plans that are not sufficiently detailed. 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 _ys<_ dayof____ Sua 2004. BS) x DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A, F 2075 Centre Pointe Blvd. ‘onal Reguiation Tallahassee, FL 32308-4893 siness and Professional 00 FL Bar No. 0056774 (Ph) (850) 402-1570 (Fax) (850) 402-1508 BCP thistle Roda’ Wu, wl

Docket for Case No: 04-002617PL