Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: RICHARD PARKER BROOKFIELD
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Apr. 25, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 9, 2012.
Latest Update: Nov. 17, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
; STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA
CLERK Evette Lawson-Proctor
Date 2/21/2012
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs. CASE NO.: 2011-004089
RICHARD PARKER BROOKFIELD,
Respondent.
!
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against RICHARD PARKER BROOKFIELD, ("Respondent"), and says:
I. 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 26001963.
3, Respondent’s address of record is PO Box 4195, Ormond Beach, Florida, 32175.
4, Respondent signed and sealed drawings for a commercial project known as Suite
114 of Oak Point Business Park located in Ormond Beach, Florida.
5. The drawings were submitted to the Building Department for permitting.
6. The drawings were rejected because the “use of wood exceeds the limitations for
Combustible Materials in Type II Construction (FBC 603.1)”.
7. The drawings were also deficient on the following grounds:
EXHIBIT A
Filed April 25, 2012 11:31 AM Division of Administrative Hearings
a. The stair tread and riser exceeds the maximum 7” riser and 11” tread.
b. No details were provided for the guardrail on the open sides of the mezzanine.
c. The steel I-Beam Kicker, shown to be welded to the 8 X 18 steel column, is
not sized for length and type and size of weld.
8. The drawings fail to meet minimum standards.
9. 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.
COUNT I
10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9)
as if fully set forth herein.
11, 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.
12. Based upon the foregoing, Respondent has violated Section 481.225(1)(g),
Florida Statutes by signing and sealing plans that do not conform to acceptable standards of
architectural practice.
COUNT II
13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9)
as if fully set forth herein.
14, Section 481.221(8), Florida Statutes, states final construction documents or
instruments of service which include plans, drawings, specifications, or other architectural
documents prepared by a registered architect as part of her or his architectural practice shall be of
a sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the
work to which they refer.
15. Based upon the foregoing, Respondent has violated Section 481.221(8), Florida
- Statutes by signing and sealing plans that are not sufficiently detailed.
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.
t
Signed this gr? dayof_ Febrva-y , 2012.
DAVID K. MINACC]
Smith, Thompson, Shaw,
Minacci & Colén, 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: 12-001536PL
Issue Date |
Proceedings |
Aug. 17, 2012 |
Petitioner's Motion to Re-open Case filed. (DOAH CASE NO. 12-2818PL ESTABLISHED)
|
May 09, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 04, 2012 |
Motion to Dismiss Formal Hearing filed.
|
May 01, 2012 |
Order of Pre-hearing Instructions.
|
May 01, 2012 |
Notice of Hearing by Video Teleconference (hearing set for June 25, 2012; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
|
Apr. 26, 2012 |
Joint Response to Initial Order filed.
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Apr. 25, 2012 |
Initial Order.
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Apr. 25, 2012 |
Referral Letter filed.
|
Apr. 25, 2012 |
Election of Rights filed.
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Apr. 25, 2012 |
Administrative Complaint filed.
|