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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs RICHARD PARKER BROOKFIELD, 12-002818PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002818PL Visitors: 13
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: Aug. 17, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 5, 2012.

Latest Update: Dec. 22, 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: 12-002818PL
Issue Date Proceedings
Nov. 07, 2012 Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhiits, to the agency.
Nov. 05, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 02, 2012 Motion to Dismiss Formal Hearing filed.
Nov. 02, 2012 Motion to Dismiss Formal Hearing filed.
Nov. 01, 2012 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 31, 2012 Pre-hearing Stipulation filed.
Oct. 31, 2012 Notice of Filing Petitioner's Witness and (Proposed) Exhibit List filed.
Oct. 31, 2012 Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Oct. 31, 2012 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Sep. 11, 2012 Order of Pre-hearing Instructions.
Sep. 11, 2012 Notice of Hearing by Video Teleconference (hearing set for November 6, 2012; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Aug. 28, 2012 Notice of Filing Petitioner's First Set of Interrogatories, First Request for Production and Requests for Admission filed.
Aug. 20, 2012 Order Re-opening File. CASE REOPENED.
Aug. 17, 2012 Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 12-1536PL)
Apr. 25, 2012 Administrative Complaint filed.
Apr. 25, 2012 Election of Rights filed.
Apr. 25, 2012 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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