Jul 1? 2008 13:19 a 004/008 07/17/2008 13 20 FAX 8502410161 SMITH THOMPSON @004/ ~ OGY > STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: 2007-055462 WAYNE BERENBAUM, AND THE WAYNE ARCHITECTURAL GROUP, PA, Respondents. | ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against WAYNE BERENBAUM. and THE WAYNE ARCHITECTURAL GROUP. PA, ("Respondents"), 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 Wayne Berenbaum is a licensed architect in the State of Florida, having been issued license number AR 8071. 3. At all material time herein, Respondent The Wayne Architectural Group, PA was not licensed or certified to engage in the practice of architecture in the State of Florida. 4. Respondents’ last known address is 2295 NW Corporate Bivd., Suite 213, Boca Raton, Florida 33431. Jul 1? 2008 13:19 07/17/2008 13 20 FAX 8502410161 SMITH THOMPSON (005/008 5. James Bushouse (“Bushouse”) entered into a contract with 21° Century Electric to perform architectural services for a commercial project located at.1550 N. Andrews Avenue, Pompano Beach, Florida. 6. Bushouse prepared the drawings for the 21" Century Electric project. 7. At all times material hereto, Bushouse was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 8. Respondents signed and sealed the plans prepared by Bushouse for pennitting. 9. The aforementioned plans and drawings were prepared outside of Respondents’ office. 10. Respondents 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. NM. Respondents failed to maintain written documentation that they have 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. 12. The Respondents were not present when the plans were delivered by Bushouse to the client, 13. Respondents did not supervise the preparation of the aforementioned plans and drawings. 14. The Respondents functioned as essentially a “plan stamper” for Bushouse’s plans since Bushouse jis not licensed to practice architecture in the State of Florida. 15. The Respondents have adopted the aforementioned plans as their own work and , Jul 1? 2008 13:19 07/17/2008 13 20 FAX 8502410161 SMITH THOMPSON @ 006/008 thereby accepted professional responsibility for the aforementioned plans. COUNT I 16. Petitioner hereby realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 17. 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. 18. 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. 19. 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 sile and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. 20. — 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. 07/17/2008 13 20 FAX 8502410161 SMITH THOMPSON Jul 17 2008 13:19 : 007/008 21. Based upon the foregoing, Respondents have violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work Prepared by another. COUNT II 22. Petitioner hereby realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 23. 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. 24. Based upon the foregoing, Respondents have violated Section 481 .225(1 (i), Florida Statutes, by assisting Bushouse in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNT OT 25. Petitioner hereby realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 26. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 27. Based upon the foregoing, the Respondent, The Wayne Architectural Group, PA, has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certificate of authorization. 07/17/2008 13 21 FAX 8502410161 Jul 1? 2008 13:19 SMITH THOMPSON @ 008/008 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. ra Signed this /7 dayof_ Ata ra acer, Sd 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) 241-0161

Docket for Case No: 08-003480