FILED _]) Department of Basiness and Professional Regulation |: Deputy Agency Clerk, : “| CLERK = Bvetle Lawson-Proctor Date 7/29/2019. STATE OF FLORIDA DEPARTMENT OF BUSINESS. AND. PROFESSIONAL REGULATION ‘DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION, : BOARD OF ARCHITECTURE "AND INTERIOR DESIGN,. E Petitioner, . : vs. CASE NOS.: 2018-048641 2018-048654 FRANK CUNNINGHAM AND: ABNEY BUILDING & CONSULTING, Réspoudents, Jf ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND: PROFESSIONAL REGULATION, ( Petitioner"), files this Administrative Complaint before.the Board of Architecture and Interior Design. against, FRANK. CUNNINGHAM .and ABNEY BUILDING: & CONSULTING, (“Respondents”); and says: i Petitioner is the state agency charged with regulating the practice of architecture ; and interior design pursuant: to: Section 20.165, Florida. Statutes, and Chapters-455 and 481, Florida Statutes: 2. The Department of Business and Professional Regulation has jurisdiction over the tinliceriséd practice of architecturé and interior design pursuant to Section 455.228(1), and Section.481.223(1)(a), Florida Statutes, 3. Respondents’ last known address is 207 NE. 2° Street, Okeechobee, FL 34972. EXHIBIT A 4, At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes, however Respondents are licensed Professional Engineers pursuant to Chapter 471, Florida Statutes. 5. Respondent entered into contracts to provide design services for the following projects: a. Walpole Feed —- New Commercial Building b, Anchor Dental —- New Commercial Build Out c Lightsey’s Seafood Restaurant — New Restaurant d. New Testament Baptist Church 6. The drawings consisted of primarily architectural drawings which the Respondent is not licensed perform and he may not sign and seal unless such drawings are incidental to his engineering drawings. 7. The floor plan layout, ceiling layout, building elevations, life safety plan, and ADA requirements are architectural in nature and are required to be completed by a Florida licensed architect. 8. Further, the Respondents failed to include the correct Building Code information on some of the drawings. 9. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot sign and seal architectural plans that are not incidental to his engineering drawings. 10. Respondents provided architectural services through a business entity without a certificate of authorization. COUNTI il. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12, Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registeted architect.” 13. Based upon the foregoing, Respondents have violated Section 481.223(1){a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by providing architectural services. COUNT II 14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. Section 481,219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural setvices. 16. Based upon the foregoing, the Respondent, Abney Building & Consulting, has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an administrative fine not to exceed $5,000 per count, 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, Pheer tpiie tee oe ee Florida Statutes, and/or the rules promulgated thereunder. Man Signed this 257° dayof__ Qo ty , 2019. Ca DAVID K, MINACCI Smith, Thompson, Shaw, Minacci, Colén & Power, P.A. 140-D W 1* Street St. George Island, FL 32328 FL Bar No. 0056774. Ph: (850) 799-1882 Fax: (850) 799-1884 davidm@stslaw.com PCP: July 22, 2019 Rodriguez Shore Rivers t 5

Docket for Case No: 19-004815