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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs MARIA E. VALLS, 04-004327PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004327PL Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: MARIA E. VALLS
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Dec. 02, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 11, 2005.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN Petitioner, vs. Case No.: 2003-081665 MARIA E. VALLS, /y (| Respondent. / Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MARIA E. VALLS, ("Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of architecture and interior design pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. 2. Respondent is a licensed architect in the State of Florida, having been issued license number AR 5028 3. Respondent's last known address is 929 Crandon Boulevard, Key Biscayne, Florida 33149. 4. On or about July 13, 1998, an Administrative Complaint was filed against the Respondent alleging one count of failing to perform any statutory or legal obligation placed upon ] EXHIBIT A a registered architect, one count for failing to date plans, and one count of affixing her signature and seal to any final construction documents depicting work she was not competent to perform. 5. On or about January 31, 2001, a Final Order was entered suspending Respondent’s license for three months, and placed her 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 December 24. 2001, Respondent submitted a project list to the Department of Business and Professional Regulation. 7, On or about February 12, 2002, the probable cause panel requested plans/drawing for the following three projects: a. Residence at 19xx SW 197" Avenue, Miami, Florida. b. Addition to residence at 7511 SW 67" Avenue, Miami, Flor:da. c. Day Care Center at 14670/80 W. Dixie Hwy., Miami, Florida. 8. The Respondent submitted plans and drawings for review for the above referenced projects. 9. On or about May 20, 2002, the Respondent was notified that the drawings that had been provided do not comply with requirements of the Final Order The committee found a number of errors and omissions on the plans submitted, and the failure to include dates, limited the panel’s ability to verify compliance with local codes. The panel requested that the Respondent re-submit another project list. 10. On or about June 12, 2002, Respondent submitted another project list to the Mepartment of Business and Professional Regulation. ie) il. On or about August 12, 2002, the probable cause pane! requested plans/drawing for the following three projects: a Residence at 19195 SW 197" Avenue, Miami, Florida. b. Project located at SW 401 Florida Blvd., Miami, Florida. c. Day Care Center at 14670/80 W. Dixie Hwy., Miami, Florida. 12. On or about September 4, 2002, the Respondent submitted plans and drawings for review for the above referenced projects. 13, Jn preparation of the architectural and structural drawings for the above referenced projects, Respondent was negligent in that she failed to exercise due care to conform acceptable standards of architectural practice in such a manner as to be detrimental to the public. COUNT I 14. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) 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 481.225(1)(g), Florida Statutes by signing and sealing plans that do not conform to acceptable standards of architectural practice for the Residence at 19195 SW 197" Avenue, Miami, Florida. COUNT II 17. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 18. 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. 19. 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 Project located at SW 401 Florida Blvd., Miami, Florida. COUNT HI 20. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 21. 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 disciphnary action. 22. 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 Day Cure Center at 14670/80 W. Dixie Hwy., Miami, Florida. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing one or more of the following penalties: Imposition of probation, reprimand the licensee, revoke, suspead, deny the issuance or renewal of the certificate or registration, require financial restitution (o 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 promulvated thereunder. 4h Signed this /¢ dayof_—- SD vae eee DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: io| insloy }e clang we'd Department of Busi D ees ic Depns and sessional Regutation

Docket for Case No: 04-004327PL
Issue Date Proceedings
Mar. 11, 2005 Order Closing File. CASE CLOSED.
Mar. 10, 2005 Motion to Relinquish Jurisdiction (filed by Petitioner).
Mar. 08, 2005 Order Granting Motion to Strike Affirmative Defenses and Motion to Compel (Respondent`s corrected response shall be served on or before March 25, 5005).
Feb. 08, 2005 Motion to Compel Responses to Request for Admissions (filed by Petitioner).
Feb. 08, 2005 Motion to Strike Affirmative Defenses (filed by Petitioner).
Feb. 08, 2005 Notice of filing Petitioner`s Answers to Interrogatories, Petitioner`s Answers to Expert Interrogatories and Petitioner`s Response to Request for Production filed.
Feb. 04, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 23, 2005; 9:30 a.m.; Miami, FL).
Feb. 03, 2005 Notice of Filing Respondent`s Unsworn Responses to Petitioner`s Interrogatories filed.
Feb. 02, 2005 Petitioner`s Response to Respondent Maria E. Valls` Stipulated Motion to Continue filed.
Jan. 31, 2005 Respondent`s Request for Production filed.
Jan. 31, 2005 Respondent`s Expert Interrogatories to Petitioner filed.
Jan. 31, 2005 Respondent`s Notice of Propounding Interrogatories to Petitioner filed.
Jan. 31, 2005 Response to Request for Production filed.
Jan. 31, 2005 Response to Request for Admissions filed.
Jan. 31, 2005 Answer and Affirmative Defenses filed.
Jan. 24, 2005 Notice of Cancelling Deposition filed.
Jan. 21, 2005 Notice of Appearance (filed by D. Filler, Esquire).
Jan. 21, 2005 (Proposed) Order on Respondent Maria E. Valls` Stipulated Motion to Continue filed.
Jan. 21, 2005 Respondent Maria E. Valls Stipulated Motion to Continue filed.
Jan. 19, 2005 Notice of Taking Deposition filed.
Dec. 14, 2004 Order of Pre-hearing Instructions.
Dec. 14, 2004 Notice of Hearing (hearing set for February 16, 2005; 9:30 a.m.; Key Biscayne, FL).
Dec. 07, 2004 Petitioner`s Response to Initial Order filed.
Dec. 02, 2004 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Dec. 02, 2004 Election of Rights filed.
Dec. 02, 2004 Administrative Complaint filed.
Dec. 02, 2004 Agency referral filed.
Dec. 02, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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