Ne OSAPRI2 AMios 1g STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION to DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case Nos.: — 2004-057431 2004-057480 FREDERICK J. GOGLIA AND, ARCVISION, INC. Respondents. L ~ 7 | ae C OQ / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against FREDERICK J. GOGLIA and ARCVISION, INC., ("Respondents"), 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 Fredrick J. Goglia is, and has been at all times material hereto, a ficensed architect in the State of Florida, having been issued license number AR 12565. 3. Respondents’ address of record is 116 N. Geyer Road, Kirkwood, MO 63122. 4. International Banking Technologies entered into a contract with Community Bank of Florida to perform architectural services for a commercial project in Lakeland, Florida. 5. Thomas Tedrow (“Tedrow”), an employee of International Banking Technologies, prepared the architectural drawings for the Community Bank of Florida project. EXHIBIT A 6. Atall times material hereto, neither Tedrow nor International Banking Technologies were duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7. Respondent Fredrick J. Goglia signed and sealed the plans prepared by Tedrow for permitting. 8. The aforementioned plans and drawings were prepared outside of Respondent Fredrick J. Goglia’s office. 9. Respondent Fredrick J. Goglia failed to maintain as evidence of his efforts: written calculations, correspondence, time records, check prints, telephone Jogs, site visit logs or research done for the project. 10. Respondent Fredrick J. Goglia failed to maintain written documentation that he 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. Il. Respondent Fredrick J. Goglia was not present when the plans were delivered by Tedrow or International Bank Technologies to the client. 12. Respondent Fredrick J. Goglia did not supervise the preparation of the aforementioned plans and drawings. 13. Respondent Fredrick J. Goglia functioned as essentially a “plan stamper” for the plans since Tedrow is not licensed to practice architecture in the State of Florida. 14, Respondent Fredrick J. Goglia has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. 15, Respondent Fredrick J. Goglia is offering and providing architectural services through Arcvision, Inc. 16. At all times material hereto, Arcvision, Inc., was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. COUNT I 17. Petitioner hereby realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 18. Section 481.221(4), Florida Statutes, states in pertinent part that no registered architect shal! 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. 19. Rule 61G1-23.015(1), Administrative Code, require the architect to prepare and maintain as evidence of the architcct’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. 20. 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, 21 Rule 61G1-23.015(3), Administrative Code, requires the architect to be present as whenever such final work ts submitted to a client, in order to respond to questions and maintain written minutes Gf such a submission meeting. 22. Based upon the foregoing, Respondent Fredrick J. Goglia has violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. COUNT IH 23. Petitioner hereby realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 24, Section 481.225(1)(i), Florida Statutes, states in pertinent part 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. 25. Based upon the foregoing, Respondent Fredrick J. Goglia has violated Section 481.225(1)(1), Florida Statutes, by assisting Tedrow and International Banking Technologies in their performance of unlicensed activity contrary to Chapter 481, Florida Statutes. 26. Petitioner hereby realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 27, Section 481.219(2), Florida Statutes, states a corporation, partnership, or a person pracucing under a fictitious name, offering architectural services to the public must obtain a certificate of authorization, 28. Based upon the foregoing, Respondent, Arcvision, Inc., has violated Section 481.219(2), Florida Statutes, by offering architectural services when it was not the holder of a vahd certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order im;osing 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. wy Signed this__se* * dayof_ Mare , 2005. DAVID K. MINACCI ‘ a sent ot BUSINESS A Og Deparment pEPUTY cl ; Smith, Thompson, Shaw & Manausa, P.A. : 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 ERK -2005 FL Bar No. 0056774 cu | 3-l9 (Ph) (850) 402-1570 (Fax) (850) 402-1508 PoP: C2 lay |os Kocbicw. \ hs > 5 \ \ yyheda en.

Docket for Case No: 05-001300