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: Jan. 03, 2025
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.
|