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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs FAULKNER EYO, 17-003581PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003581PL Visitors: 13
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: FAULKNER EYO
Judges: MARY LI CREASY
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jun. 20, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 18, 2018.

Latest Update: Sep. 30, 2024
Deputy Agency Clerk STATE OF F LORIDA ‘CLERK Evette Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA IT] pete 5/22/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2015-036121 FAULKNER EYO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against FAULKNER EYO (“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 14988. 3. Respondent’s address of record is 3600 Jardin Court, Suite 201, Palm Beach Gardens, Florida 33410. 4. On or about December 11, 2013, a Final Order was entered against the Respondent. 5. The Final Order placed Respondent’s license to practice architecture on probation for two years and required the Respondent to submit a project list every six months form which the Probation Committee could choose two to three project to review. 6. projects: 9. During Respondent’s probation, the Committee reviewed the following two a. Karwoski Residence — Pergola Addition b. Ruf Residence ~ Pergola Addition The Probation Committee found the two projects to be deficient. The drawings are deficient on the following grounds: a. Karwowski Residence — there is no way to indicate a roof slope and the drawings fail to indicate how the roof slope can be achieved. b. Karwowski Residence — the drawings call for a peel and stick roof membrane which is an inadequate specification. c. Karwowski Residence - No detail was provided to show the window anchorage or flashing or how the door frame is to be anchored. d. Karwowski Residence — door hardware schedules were not provided. e, Ruf Residence — there is an excessively long span for a wood beam for the roof. f Ruf Residence — the roof appears to be flat with no slope which is a violation of the Florida Building Code. g. Ruf Residence — the drawings fail to indicate how the roof outriggers are attached to the perimeter beams. h. Ruf Residence — The drawings show pressure treated cedar to be used as a ceiling however this product is not available. i. Ruf Residence — The screws specified in the plans are not a logical connection for a cedar ceiling. Also during Respondent’s probation, the Committee reviewed the following two projects: : | 10. il. 12. a. Kaufman Residence ~ Pergola Addition b. Oke Residence — Pergola Addition The Probation Committee found the two projects to be deficient. The drawings are deficient on the following grounds: a, Kaufman Residence — the project notes are not correct or for this project. b. Kaufman Residence — the peel and stick roofing is not specified properly. c. Kaufman Residence— the beam span holding the roof appears to be excessively long for the load it is to support. d. Kaufman Residence — no roof slope could be located on the drawings. e. Kaufman Residence — a flat roof is not allowed. f. Oke Residence — the title block is in violation. g. Oke Residence — the span seems excessively Jong for the roof loading. h, Oke Residence — the project notes are not correct or for this project. i. Oke Residence — it is unclear how the outriggers are attached or supported. J. Oke Residence — it is unclear how the roof slope is obtained. 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. 13, COUNTI Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 13. Section 481,221(6), 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. 14. Based upon the foregoing, Respondent has violated Section 481.221(6), Florida Statutes by signing and sealing plans for the Karwowski residence that are not sufficiently detailed. COUNT II 15. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 16, Section 481.221(6), 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. 17. Based upon the foregoing, Respondent has violated Section 48 1.221(6), Florida Statutes by signing and sealing plans for the Ruf residence that are not sufficiently detailed. COUNT UI 18. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 19. Section 481.221(6), 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. 20. Based upon the foregoing, Respondent has violated Section 481.221(6), Florida Statutes by signing and sealing plans for the Kaufman residence that are not sufficiently detailed. COUNT IV 21. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 22. Section 481.221(6), 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 al] essential parts of the work to which they refer. 23. Based upon the foregoing, Respondent has violated Section 481.221 (6), Florida Statutes by signing and sealing plans for the Oke residence 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. A Signed this 29°” day of Mas 2017. es po DAVID K. MINACCI Smith, Thompson, Shaw, Minacci, Colon & Power, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 241-0161 davidin@stslaw.com PCP: May 11, 2017 Hall Smith Fernandez

Docket for Case No: 17-003581PL
Issue Date Proceedings
Jan. 18, 2018 Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits to Respondent.
Jan. 18, 2018 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to Petitioner.
Jan. 18, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 17, 2018 Motion to Dismiss Formal Hearing filed.
Jan. 17, 2018 Order Granting Motion to Limit Respondent's Exhibits.
Jan. 17, 2018 Notice of Transfer.
Jan. 16, 2018 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 12, 2018 Respondent's Witness and Exhibit List filed.
Jan. 12, 2018 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 12, 2018 Notice of Filing Petitioner's Witness and Exhibit List filed.
Jan. 09, 2018 Notice of Filing (proposed exhibits 1-63) filed.
Jan. 09, 2018 Respondent's Notice of Service of Verified Answers to First Set of Interrogatories filed.
Jan. 09, 2018 Respondent's Response to Petitioner's First Request for Production filed.
Jan. 09, 2018 Respondent's Notice of Service of Objections and Unverified Answers to First Set of Interrogatories filed.
Jan. 09, 2018 Motion to Limit Defendant's Exhibits filed.
Nov. 29, 2017 Order Rescheduling Hearing by Video Teleconference (hearing set for January 19, 2018; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Nov. 22, 2017 Consent Motion to Reschedule Hearing filed.
Nov. 20, 2017 Order Canceling Hearing (parties to advise status by November 28, 2017).
Nov. 17, 2017 Consent Motion to Reschedule Hearing filed.
Nov. 13, 2017 Unopposed Motion to Continue Formal Hearing filed.
Oct. 12, 2017 Notice of Taking Deposition filed.
Oct. 04, 2017 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for November 21, 2017; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Oct. 03, 2017 Consent Motion to Reschedule Hearing filed.
Sep. 26, 2017 Order Granting Respondent's Motion for Relief from Admissions and Denying Petitioner's Motion to Relinquish Jurisdiction.
Sep. 25, 2017 Respondent's Notice of Service of Objections and Unverified Answers to First Set of Interrogatories filed.
Sep. 19, 2017 Order Granting Extension of Time.
Sep. 18, 2017 Motion for Relief from Technical Admissions filed.
Sep. 18, 2017 Respondent's Unopposed Motion for Enlargement of Time filed.
Aug. 25, 2017 Order Rescheduling Hearing by Video Teleconference (hearing set for October 10, 2017; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Aug. 25, 2017 Petitioner's Response to Order Granting Extension of Time filed.
Aug. 18, 2017 Order Granting Extensions of Time.
Aug. 10, 2017 Notice of Appearance (Layla McDonald) filed.
Aug. 10, 2017 Motion for Relief from Court's Order to Show Cause and Motion for Extension of Time to Respond to Discovery, including Filing a Motion for Relief from Technical Admissions filed.
Aug. 10, 2017 Notice of Appearance (Daniel Anderson) filed.
Jul. 31, 2017 Order Canceling Hearing (parties to advise status by August 10, 2017).
Jul. 28, 2017 Petitioner's Motion to Reschedule Hearing filed.
Jul. 28, 2017 Order to Show Cause.
Jul. 26, 2017 Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
Jul. 26, 2017 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Jul. 03, 2017 Order of Pre-hearing Instructions.
Jul. 03, 2017 Notice of Hearing by Video Teleconference (hearing set for August 14, 2017; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jun. 28, 2017 Petitioner's Response to Initial Order filed.
Jun. 21, 2017 Initial Order.
Jun. 20, 2017 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Jun. 20, 2017 Election of Rights filed.
Jun. 20, 2017 Administrative Complaint filed.
Jun. 20, 2017 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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