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
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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).
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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).
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Feb. 08, 2005 |
Motion to Compel Responses to Request for Admissions (filed by Petitioner).
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Feb. 08, 2005 |
Motion to Strike Affirmative Defenses (filed by Petitioner).
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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.
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Feb. 04, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 23, 2005; 9:30 a.m.; Miami, FL).
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Feb. 03, 2005 |
Notice of Filing Respondent`s Unsworn Responses to Petitioner`s Interrogatories filed.
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Feb. 02, 2005 |
Petitioner`s Response to Respondent Maria E. Valls` Stipulated Motion to Continue filed.
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Jan. 31, 2005 |
Respondent`s Request for Production filed.
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Jan. 31, 2005 |
Respondent`s Expert Interrogatories to Petitioner filed.
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Jan. 31, 2005 |
Respondent`s Notice of Propounding Interrogatories to Petitioner filed.
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Jan. 31, 2005 |
Response to Request for Production filed.
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Jan. 31, 2005 |
Response to Request for Admissions filed.
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Jan. 31, 2005 |
Answer and Affirmative Defenses filed.
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Jan. 24, 2005 |
Notice of Cancelling Deposition filed.
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Jan. 21, 2005 |
Notice of Appearance (filed by D. Filler, Esquire).
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Jan. 21, 2005 |
(Proposed) Order on Respondent Maria E. Valls` Stipulated Motion to Continue filed.
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Jan. 21, 2005 |
Respondent Maria E. Valls Stipulated Motion to Continue filed.
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Jan. 19, 2005 |
Notice of Taking Deposition filed.
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Dec. 14, 2004 |
Order of Pre-hearing Instructions.
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Dec. 14, 2004 |
Notice of Hearing (hearing set for February 16, 2005; 9:30 a.m.; Key Biscayne, FL).
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Dec. 07, 2004 |
Petitioner`s Response to Initial Order filed.
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Dec. 02, 2004 |
Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
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Dec. 02, 2004 |
Election of Rights filed.
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Dec. 02, 2004 |
Administrative Complaint filed.
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Dec. 02, 2004 |
Agency referral filed.
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Dec. 02, 2004 |
Initial Order.
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