STATE OF FLORIDA ft DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATSON ‘ LY dey % Sy DEPARTMENT OF BUSINESS AND 7 ca) Pao a of 3 PROFESSIONAL REGULATION, PL Gk, OD a a Oo BOARD OF ARCHITECTURE / 1: 5670 EUS AND INTERIOR DESIGN, Weer s © “is % ON Petitioner, < vs. CASE NO.: 2008-037830 JAMES P. COLMENARES, 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 P. COLMENARES, ("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 16408. 3. Respondent’s address of record is 2502 NE 6th Avenue, Cape Coral, FL, 33909. 4, Section 481.215(3), Florida Statutes, states that no license renewal shall be issued to an architect or an interior designer by the department until the licensee submits proof satisfactory to the department that, during the 2 years prior to application for renewal, the licensee participated per biennium in not less than 20 hours of at least 50 minutes each per biennium of continuing education approved by the board. 5. Respondent renewed his license for the March 1, 2007 though February 28, 2009 biennium. 6. By renewing his license, the Respondent affirmed his compliance with Section 481.215(3), Florida Statutes, and that he had completed twenty hours of continuing education. 7. On or about October 12, 2007, the Respondent was selected to participate in a continuing education random audit to determine compliance with the continuing education requirements for the March 1, 2005 through February 28, 2007, reestablishment period. 8. Respondent has not been able to provide proof of completing twenty hours of continuing education during the period of March 1, 2005 through February 28, 2007. 9. Section 481.225(1)(j), Florida Statutes, states disciplinary action can be taken for failing to perform any statutory or legal obligation placed upon a registered architect. 10. Based upon the foregoing, Respondent has violated Section 481.225(1)(j), Florida Statutes by affirming his compliance with the continuing education requirements when he renewed his license, although he not completed the statutory requirement. 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. Signed this v8" dayof_Jeaavary , 2009. 5 et eee 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 PCP: Janvar 43409 ‘\ / Codec sep (ir Qaste Son

Docket for Case No: 09-005070PL