STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION” DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ol A T | 2 Vs. Case No.: 2006-010030 JOHN ADKERSON ABNEY, - AND PERRY ABNEY & ASSOCIATES, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JOHN ADKERSON ABNEY and PERRY ABNEY & ASSOCIATES ("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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of architecture and interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3, Respondents’ last known address is 6006 N. 133 Drive, Litchfield Park, Arizona 85340, 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. On or about September 22, 1998, Respondents contracted with Joel Hochberg to perform architectural services for a residence located at 317 Ocean Blvd., Golden Beach, Florida 33160. 6. Respondent Perry Abney & Associates does not hold a certificate of authorization to practice architecture in the State of Florida and therefore cannot contract to perform architectural services. 7. Respondent John Abney signed and sealed the architectural drawings using license number AR 14692. 8. Respondent John Abney submitted the architectural drawings to the Building Department. 9. Respondent John Abney does not own architectural license number AR 14692. 10. Respondent John Abney’s father James Abney is the holder of architectural license number AR 14692. 11. Further, Respondent John Abney signed numerous Application and Certificate of Payments as an architect. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13, Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” 14. Based upon the foregoing, Respondent John Abney has violated Section 481.223(1)(a) by practicing architecture when he was not the holder of a valid license by signing and sealing drawings. 23. Based upon the foregoing, the Respondent, Perry Abney & Associates, has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an — administrative fine not to exceed $5,000 per count, 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 22° day of Avy ort , 2007. ~ a eee DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, FL 32309 FL Bar No. 0056774 Ph: (850) 402-1570 ‘Fax: (850) 558-1613 PCP: AUG-2 1 2007

Docket for Case No: 07-005716