STATE OF FLORIDA Bn, * fm DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, a oA , 4G, DEPARTMENT OF BUSINESS AND . Ey, “4 a _ PROFESSIONAL REGULATION, Calpe Qn WG . Atas : “Cs Petitioner, . ; vs. O | , 2 al ft Case No: 2007-007048 ‘JAMES T. MELVIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JAMES T. MELVIN, ("Respondent"), 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 is, and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 4459. 3. Respondent's address of record is P.O. Box 236141, Cocoa, FL 32923. 4. Randall P. Wytrval (“Wytrval”) entered into a contract to perform architectural services for a conimercial project known as American Business Park Condo. 5. Wyitrval prepared the drawings for the project. 6. At all times material hereto, Wytrval was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7. Respondent signed and sealed the plans prepared by Wytrval for permitting. 8. The aforementioned plans and drawings were prepared outside of Respondent's office. . 2. Respondent failed to maintain as evidence of his efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project. . 10. Respondent 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. ll. The Respondent was not present when the plans were delivered by Wytrval to the client. 12. Respondent did not supervise the preparation of the aforementioned plans.and drawings. . | | 13.. The Respondent functioned as essentially a “plan stamper” for Wytrval’s plans since e Wytval i is not licensed to practice architecture in the State of Florida. 14. The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. COUNT I 15. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. . 16. 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. 17. 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. ‘18 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. . 19. 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. 20. Based upon the foregoing, Respondent has violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. ) COUNT I 21. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (al 4) as if fully set forth herein. 22. Section 481.225 (1)6), 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. 23. Based upon the.foregoing, Respondent has violated Section 481.225(1)(i), Florida . Statutes, by assisting Wytrval in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. 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. 4 . Signed this 27 f day of M =F . __, 2007. Operon ! l E Do awe P47 A 9288 and Pi DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 (Ph) (850) 402-1570 (Fax) (850) 558-1613 PCP: MAY 1 4 2007 \eodn. wae

Docket for Case No: 08-002644PL