FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA Evetie Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA 2/2112012 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2011-039635 TONY K. CHEUNG, Respondent. f / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against TONY K. CHEUNG, ("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, Flonda 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 93618. 3. Respondent's address of record is 8813 Founders Circle, Palmetto, Florida, 34221. 4, Respondent entered into a contract to provide drawings for a screen enclosure, 5. Respondent prepared drawings for the project. 6. Respondent signed and sealed the drawings for the purpose of obtaining a building permit. 7. In preparation of the plans and drawings, Respondent was negligent in that he EXHIBIT A Filed March 28, 2012 11:35 AM Division of Administrative Hearings failed to exercise due care to conform acceptable standards of architectural practice in such a manner as to be detrimental to the public. 8. The drawings were deficient on the following grounds: Pp It appears that the beams are overstressed as much as 300% and the columns arc overstressed over 130%. b. No details are provided to show the 2 X3 roof diagonal bracing connections or the roof slope provided on the Accent Aluminum framing plan. c. Sheet H.105-10 shows a 31/2 thick slab; however, the Accent Aluminum framing references a 12” footing. a. Anchorage is highly questionable. e. Connections should have been designed and design information provided by the Respondent. 9, Further, the project at issue is primarily an engineering project which Respondent is not competent to perform. 0. The plans and drawings were not of sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. 1. Respondent’s title block is in violation. COUNTI 2. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13. Section 481.225(1)(g), Florida Statutes, states in pertinent part that committing any act of fraud, deceit, negligence, in competency, or misconduct in the practice of architecture constitutes grounds for disciplinary action. 14. Based upon the foregoing, Respondent has violated Section 481.225(1)(g), Florida Statutes by performing services that do not conform to acceptable standards of architectural practice. COUNTIE 1S, Petitioner hereby realleges and incorporates paragraphs one (1) through cleven (11) as if fully set forth herein . 16. Section 481.221(4), Florida Statutes, states in pertinent part that no registered architect shall affix, or permit to be affixed, her or his seal or signature to any final construction document or instrument of service which includes any plan, specification, drawing or other docurnent which depicts work which she or he is not competent to perform. 17, Based upon the foregoing, Respondent has violated Section 481.221(4), Florida Statutes, by certifying work that was beyond his ability to perform. COUNT It 18. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 19. Section 481.225(1)(a), Florida Statutes, states in pertinent part that violating any rule of the board lawfully adopted pursuant to this part or Chapter 455 constitutes grounds for disciplinary action. 20. Rule 61G1-16.004, Florida Administrative Code, requires the title block to contain: a. Firm name, address, and telephone number. b. Firm license number, c, Name or identification of project. d. Date prepared. €. A space for the signature and dated sealed. f. A space for the printed name of the person sealing the document. 21, Based upon the foregoing, Respondent has violated Section 481.225(1), Florida Statutes and Rule 61G-16.004, Florida Administrative Code, by submitting construction documents for permit with a title block that is in violation. 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 relicf that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the at Signed this 21° day of Esbe cae , 2012. 2 IY DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Colon, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 241-0161 PCP: February 9, 2012 Hall ’ Shore Gozdz

Docket for Case No: 12-001125PL