crit om m5 a at STATE OF FLORIDA 00 JUL 26 PM ko DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 9: BOARD OF ARCHITECTURE AND INTERIOR DeSAgR NicTE Oye UISTRATVG EARING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR CASE NUMBER 97-04879 R.R. MOORE, Respondent. / nnn na ADMINISTRATIVE COMPLAINT COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as "petitioner," and files this Administrative Complaint against R.R. Moore, hereinafter referred to as “Respondent,” before the Board of Architecture and Interior Design, hereinafter referred to as the “Board,” and alleges: (1) Petitioner is the state agency charged with regulating the practice of architecture and interior design pursuant to Section 20.165, Chapter 455 and Chapter 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 AR 0004438, and subject to Chapter 455 and Chapter 481, Florida Statutes. Respondent's last known address is 1234 Rirport Road, Destin, Florida 32541. (3) Respondent is, and was at all times material hereto, the qAT-00 Ld nol Oey Refs WY Vf Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 sole officer and. director of R. R. Moore Architect, Inc., an architectural firm in Destin, Florida. (4) On or about November 20, 1991, Respondent entered ‘into an AIA Standard Form of Agreement, hereinafter referred to as “Agreement I,” with Jade East Towers Developers, a joint venture consisting of Jade East Towers, Inc., Jade East Towers I, Inc., and Jade East Towers II, Inc., hereinafter referred to as the “Owner,” to provide architectural services for a proposed multi-story condominium building of 18 stories, located on the Gulf of Mexico and Highway 98 in Destin, Florida, hereinafter referred to as ‘the Project.” (5) F.W. (Freddie) Schinz, hereinafter referred to as “Schinz,” is the president of the Owner. (6) Section 11.3.2 of Agreement I provided that “Construction phase payments [as set out in Section 11.2.2] are compensation for architect providing affidavit, certification, and inspection reports as required in lieu of building official in Chapter 1, SBCCI.” (7) Section 11.2.2 of Agreement I provided that compensation for Respondent for Basic Services, consisting of Schematic Design, Design Development, Construction Documents, Bidding or Negotiation, a] Nd Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 and Construction, was to be $127,000. (8) On ox about November 22, 1991, the City of Destin, hereinafter referred to as “Destin,” issued Building Permit 1794 to Jade East Joint Venture, as Property Owner, with F.W. Schintz Construction Company, Inc., as Contractor, in accordance with a Release and Partial Covenant Not to Sue executed by Schinz and Destin on November 21, 1991. (9) On November 25, 1991, Destin issued a Final Development Order for the Project. (10) On or about December 4 1991, Destin issued Building Permit 1808 for foundation construction. (11) Building Permits 1794 and 1808 and the Final Development Order expired when activity on the Project failed to start in time. (12) On or about June 8, 1995, the Owner entered into an AIA Standard Form of Agreement, hereinafter referred to as “Agreement 2,” with Sovran Construction Company, Inc., 7151 University Boulevard, Winter Park, Florida 32792, hereinafter referred to as the “Contractor” for the Project, with Respondent as Architect, for a guaranteed maximum price of $11,100,000. (13) Amendment Section 14.3 of Agreement 2 provided that: 6. The contract time and contract amount have been mutually agreed upon based upon an QW Q/ Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 . understanding and agreement that the architect and/or engineer of record will be appointed as a Deputy Building Official or Officials pursuant to Section 104.4.4 of the Standard Building Code/1991 and as such they shall be the sete parties who shall inspect and approve the quality of the Work and the conformity of the Work to all applicable building codes. (strike-out in original) (14) Section 101.4 of the Standard Building Code, 1991 Edition, hereinafter referred to as the “SBC,” as adopted by Destin, provides that: There is hereby established a department to be called the Building Department and the person in charge shall be known as the Building Official. (15) Section 103.3.1, Plan Review, of the SBC provides that: The Building Official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifications, computations and additional data, and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances. (16) Section 103.3.2, Affidavits, of the SBC provides that: The Building Official may accept a sworn affidavit from a Registered Architect or Engineer stating that the plans submitted conform to the technical codes. For buildings and structures the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and if accompanied by drawings showing the structural design, and by a statement that the sda Ne] Ne . Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 plans and designs conform to the requirements of the technical codes as to strength, stress, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official, copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon such affidavits, the architect or engineer shall assume full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances. (17) Section 101.4.4, Deputy Building Official, of the SBC provides that: The Building Official may designate as his deputy an employee of the department who shall, during the absence or disability of the Building Official, exercise all the powers of the Building Official. (18) Section 101.4.5, Restriction On Employees, of the SBC provides that: An officer or employee connected with the department ... shall not be financially interested in the furnishing of labor, material, or appliances for the construction ... of a building, structure, service, system, or in the making of plans or specifications thereof .... (19) Chapter 468, Part [XII], regulating the practice of WU \/ Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 building code administration and inspection, became effective October 1, 1993. (20) On or about August 30, 1995, Respondent submitted construction drawings and a letter of certification directed to Schinz, unsealed, to Destin, in which Respondent stated that the drawings for the Project had been prepared “in accordance with currently enforceable codes and ordinances within the (C]ity of [D]estin, SSBC (sic), ANSI [American National Standards Institute], and Title III,” and that Respondent would timely submit electrical, mechanical, plumbing, structural, and fire prevention inspection reports to be prepared by registered engineers. (21) On or about August 31, 1995, John H. Elamad, Special Inspector No. 0961, hereinafter referred to as “Elamad,” submitted a letter of certification to Schinz, unsealed, in which “Elamad stated that the structural drawings for the Project had been prepared in accordance with the SBC, 1991; American Institute of Steel Construction; Building Code Requirements for Concrete Masonry Structures (A.C.I. 318); and Building Code Requirements for Reinforced Concrete (A.C.I. 318), and that he, as a licensed special threshold inspector, would perform all structural/threshold inspections during construction of the Project. ne . Nw Nw) Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 (22) On or about September 1, 1995, Respondent submitted a letter of certification directed to Schinz, unsealed, to Destin, in which Respondent stated that the drawings for the Project had been prepared in accordance with “the City’s currently adopted code, SBCCI [Southern Building Code Congress International], 1991 edition,” and that “[s]ince the building official is ‘forgoing examination or inspection the Architect and Engineers shall assume full responsibility for compliance to pertinent technical codes and ordinances.” (23) On September 1, 1995, Destin issued Building Permit 1897 for the Project pursuant to an agreement with Schinz that no above- ground construction would be started until the Destin Fire Department approved the plans for the Project. (24) On or about June 10, 1996, in response to Destin’s June 5, 1996, request for inspection reports, Respondent submitted his first inspection report, unsealed, forwarding therewith copies of monthly Department of Environmental Protection Periodic Progress Reports from November 1995 to May 1996 and concrete compressive strength test reports from January 4, 1996, to April 18, 1996, attesting to the accuracy of the reports, and attesting further that construction on the Project continued to be in accordance with WU / Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 applicable code and ordinances. (25) On or about June 14, 1996, Elamad submitted a sealed inspection report for the period November 17, 1995, to June 6, 1996. (26) On or about August 28, 1996, Respondent submitted a second, and apparently last, inspection report, unsealed, forwarding copies of inspection reports prepared by Dale Whitney, hereinafter referred to as “Whitney,” stating that Respondent had reviewed [Whitney’s} reports and “been kept apprised of the progress [of the. Project] and inspection results” by Whitney, and attesting that the reports are accurate and that the construction on the Project continued to be in accordance with applicable codes and ordinances. (27) Whitney is not certified as a building code inspector pursuant to Chapter 468, Part XII, Florida Statutes. (28) On or about November 25, 1996, Respondent, on the strength of a certification of “Philip Humber and Associates, Consulting Engineers, submitted an unsealed certification that the Project was ready to receive electric building power and request that electric service connection be approved. (29) On or about December 2, 1996, Harvey Smith, Chief U YY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 Electrical Inspector for Destin, advised Respondent of a number of deficiencies, declining to authorize the connection of electric building power. (30) On or about December 13, 1996, Larry Ballard, Building Official for Destin, hereinafter referred to as “Ballard,” advised Respondent that: (a) Destin was without approved plans and therefore unable to perform Project inspections; (b) The permit for the Project was based on Section 103.3.2 of the SBC; (c) Signed sealed structural calculations for the club house had not been submitted; (d) Electrical service was not wired according to design and the grounding electrode was not compliant with code, constituting major electric code violations threatening life safety; (e) A requested letter from the Destin Fire Control District stating that the common area of the project was compliant with the NFPA YU UY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 {National Fire Protection Association] Life Safety Code had not been received; (€) Common area restrooms and handicapped ramps will not meet code requirements as designed. (31) On or about February 27, 1997, Rodney Syfrett, Fire Safety Inspector for Destin, hereinafter referred to as “Syfrett,” advised Respondent of a number of deficiencies, including the absence of approved building plans and fire alarm plans, while noting that sprinkler plans had only been approved very recently on February 20, 1997. (32) In October 1996, under the influence of tropical storm Josephine, the exterior cladding and substrate with east and west exposures, referred to as the Exterior Insulated Finish System or EIFS, broke loose from the building, apparently as the consequence of the installation of an improper fastening system. (33) On or about October 6, 1996, Whitney wrote a memorandum to file following his assessment of the damage caused by tropical storm Josephine, in which he stated: {T]he “brown board” used as sheathing substrate for the EIFS finish failed. The screws utilized to attach the gypsum board were not of sufficient size or spacing to 10 U Y Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 withstand the wind loads placed on these walls. The “Standard Building Code” Table 1705.1 require (sic) a #11 screw 1 %” long with a 7/16” head spaced at 4” on the edges and 8” o.c. at all other bearings ... It was apparent that the installation was not in accord with these requirements as the screw holes in the brown board that was on the ground were as far apart as 18” and the heads of the screws were no more than %”.. The mechanical fastening system [recommended by the EIFS material manufacturer] was not utilized on this building. Had it been the problems that occurred may have been avoided. (34) On or about November 5, 1996, Brad Pashke, Southeast Divisional Manager, Simplex Products Division, the manufacturer of the EIFS materials, trademarked “FINESTONE,” following an on-site inspection, wrote to R.S. Elliott & Associates, the distributor of the EIFS materials used on the Project, stating that: I am writing to confirm that FINESTONE will not accept liability for failure of the EIFS due to improper applications. Specifically, the East and West elevations are being improperly mechanically fastened to secure the exterior gyp sheathing and EIFS back onto the framing members. The exterior sheathing was severely damaged from a storm that caused parts of the exterior sheathing and EIFS to break loose from the studs. The sheathing is water damaged to the point where we would not recommend remedial type repairs be performed. Replacement of the sheathing 11 U Nw Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 and EIFS would be necessary for our warranty to be valid. (35) On or about April 14, 1997, Whitney inspected the installation of the replacement sections of the EIFS for those that had failed in the storm for compliance. (36) On or about April 14, 1997, Respondent, in requesting a certificate of occupancy for the first six floors of the Project, stated that he had addressed the concern with the EIFS by requiring that the Contractor post a bond for 100% performance of the system and that the Contractor had agreed to do so prior to Respondent’s issuance of a certification of substantial compliance. (37) On or about June 17, 1997, Respondent certified under seal that his office had performed inspections of the exterior wall system throughout installation, that in Respondent’s opinion the fastening standards of the manufacturer of the EIFS materials were exceeded, and that the manufacturer had written a letter following an on-site inspection stating that the EIFS materials had been applied in accordance with its recommendations. (38} Respondent subsequently failed to produce the letter from the manufacturer referred to in Paragraph 37, and instead produced the manufacturer's limited warranty extending not to the installation of the EIFS materials, but only to the materials 12 WU UY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 themselves. (39) On or about March 18, 1997, Respondent submitted an affidavit, unsealed, in which he certified that the work on the Project for which he had produced drawings and computations had been done in conformity with the plans and that Respondent “assume[d] responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances’, in accordance with Section 103.6.2 of the Standard Building Code, 1991 Edition.” (40) On or about August 26, 1997, Jerry L. Hicks, A.I.A., of Hicks Nation Miller Architects Incorporated and a holder of Florida Architectural Registration 8326, Florida General Contractor License CG014337, Florida Threshold Building Inspector License 0356 and NCARB Certificate 24,672, hereinafter referred to as “Hicks,” submitted a report to the Department of his review of the specifications and architectural working drawings prepared. by Respondent for the Project, in which he concluded “that the construction documents reviewed fall below an acceptable standard of practice for architectural documents.” (41) In the report described in Paragraph 40, Hicks, with reference to Sections 481.201 and 481.221(6), Florida Statutes, 13 YU Nv) Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 stated that: The Jade East Towers architectural construction documents, prepared by architect R. R. Moore, fall short of being to a sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. It is this writer’s opinion that the architectural construction documents are incomplete, are not adequately coordinated and ‘are not of an acceptable level of quality. The Architect, Mr. R. R. Moore certified.on September 1, 1995 that he assumes “full responsibility for compliance to pertinent technical codes and ordinances”. On March 18, 1997 Mr. Moore restates the above in an affidavit. When the Exterior Insulation and Finish System (EIFS) screw spacing was observed in a small area of the 18° Floor May 7, 1997, the screw spacing failed to meet the code requirements. (42) In a telephone conversation on September 9, 1997, with Department investigator Eddie D. James, Hicks expressed his opinion that the capability of the EIFS as installed to withstand major storm or minimal hurricane winds is questionable because of the improper fastener pattern used to secure the sheathing. (43) On or about January 15, 1998, Gershen Construction Management Consultants, Inc., holder of Florida General Contractor License GC 31783, hereinafter referred to as “Gershen,” submitted a report to the Owner detailing a number of construction 14 UW VY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 deficiencies on the Project, including conditions differing from plans and specifications, improperly installed or defective materials, and suspicious materials. (44) In the report described in Paragraph 43, Gershen stated, inter alia, that: A) The E.I.F.S. on the East and West elevations of the building has been repaired and replaced several times in the past, due to improper installation. B) It took approximately (8) months to install the system. The system was continually rained upon and is still wet today. C) To date we have found area not secured at 4” and 8” 0.C. to the studs. D) E.I.F.S. by manufactures (sic) specifications is to be held back *” from window and door jambs and is to have a backer rod installed and caulked to the dissimilar surface. The cost to remove and replace the East and West elevations is ... $267,624.00 COUNT ONE (45) Petitioner realleges and incorporates, as if fully stated herein, the allegations contained in Paragraphs 1 through 44, above, and alleges further as follows: (46) Section 455.227, Florida Statutes, provides that: (1) The following acts shall constitute grounds for which disciplinary actions 15 U Administrative Complaint Department of Business and Professional Regulation Case No. (47) (48) 97-04879 specified in subsection (2) may be taken: * * * (k) Failing to perform any statutory or legal obligation placed upon a licensee. (0) * * * Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. Section 481.225, Florida Statutes, provides that: (1) (g) (3) The following acts shall constitute grounds for which disciplinary actions specified in subsection (3) may be taken: * * * Committing an act of fraud or deceit, or of negligence, incompetenc[e], or misconduct, in the practice of architecture. * * * Failing to perform any statutory or legal obligation placed upon a registered architect. Section 103.6.2 of the SBC, Permit Issued on Basis of Affidavit, provides that: Whenever a permit is issued in reliance upon an affidavit ... the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition they shall be responsible for 16 VU VY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building official written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the technical codes. (49) Respondent elected, although without authority, to assume full responsibility for compliance of the Project with all provisions of the technical codes and other pertinent laws and ordinances pursuant to SBC Section 103.3.2. (50) Building Permit 1897 was issued on the basis of Respondent’s and Elamad’s affidavits described in Paragraphs 20 through 22. (51) In the entire course of the construction of the Project, from approximately August 1995 to approximately March or April 1997, Respondent submitted but two inspection reports, one on or about June 10, 1996, and the other on or about August 28, 1996. (52) Respondent’s submittal of but two inspection reports in the discharge of his putative responsibility pursuant to SBC Section 103.3.2, freely undertaken, for the construction over a period of 20 months, more or less, of an 18-storied condominium building in a region regularly beset by destructive storms constitutes an act of negligence, incompetence and/or misconduct; 17 YW VY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 , Respondent thus has violated section 481.225(1)(g), Florida Statutes. (53) Respondent’s submittal of but two inspection reports in the discharge of his putative responsibility pursuant to SBC Section 103.3.2, freely undertaken, for the construction over a period of 20 months, more or less, of an 18-storied condominium building in a region regularly beset by destructive storms demonstrates that Respondent attempted the performance of professional responsibilities that Respondent knew, or had reason to know, he was not competent to perform; Respondent thus has violated Section 455.227(1) (0), Florida Statutes. (54) Respondent’s submittal of but two inspection reports in the discharge of his putative responsibility pursuant to SBC Section 103.3.2, freely undertaken, for the construction over a period of 20 months, more or less, of an 18-storied condominium building in a region regularly beset by destructive storms constitutes a failure to perform the legal obligation placed upon Respondent pursuant to Section 103.6.2 of the SBC to supervise the Project and provide inspection reports as inspections were made, and, thus, a violation of Sections 455.227 (1) (k) and 481.225(1) (4), Florida Statutes. 18 Nw] YY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 COUNT TWO (55) Petitioner realleges and incorporates, as if fully stated herein, the allegations contained in Paragraphs 1 through 44, above, and alleges further as follows: (56) Section 481.225, Florida Statutes, provides that: (1) The following acts shall constitute grounds for which disciplinary actions specified in subsection (3) may be taken: * * * (a) Violating any provision of s.481.221, s. 481.223, or s.455.227(1)or any rule of the board or department lawfully adopted pursuant to this part or chapter 455. (57) Section 481.221(1) (a), Florida Statutes, provides that: Each registered architect shall obtain an impression-type metal seal, and all final construction documents and instruments of service which include drawings, plans, specifications, or reports prepared or issued by the registered architect and being filed for public record shall bear the signature and seal of the registered architect who prepared or approved the document and the date on which they were sealed. The signature, date, and seal shall be evidence of the authenticity of that to which they are affixed. (58) On or about August 30, 1995, Respondent submitted a letter of certification to Destin as described in Paragraph 20 that was not sealed in violation of Section 481.221(1) (a), Florida 19 Nw Nw) Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 Statutes. (59) Based on the foregoing, Respondent violated Section 481.225(1) (a), through violating Section 481.221(1) (a), Florida Statutes. COUNT THREE (60) Petitioner realleges and incorporates, as if fully stated herein, the allegations contained in Paragraphs 1 through 44, and 56 through 59 above, and alleges further as follows: (61) On or about September 1, 1995, Respondent submitted a letter of certification to Destin as described in Paragraph 22 that was not sealed in violation of Section 481.221(1) (a), Florida Statutes. (62) Based on the foregoing, Respondent violated Section 481.225(1) (a), through violating Section 481.221(1) (a), Florida Statutes. . COUNT FOUR (63) Petitioner realleges and incorporates, as if fully stated herein, the allegations contained in Paragraphs 1 through 44, and 56 through 59 above, and alleges further as follows: (64) On or about June 10, 1996, Respondent submitted an inspection report as described in Paragraph 24 that was not sealed 20 U Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 44, above, (116) (117) (118) and alle Section (2) grou: spec (1) Section (6) As more ges further as follows: 481.225, Florida Statutes, provides that: The following acts shall constitute nds for which disciplinary actions ified in subsection (3) may be taken: * * * Violating any provision of s.481.221, s. 481.223, or s.455.227(1)or any rule of the board or department lawfully adopted pursuant to this part or chapter 455. 481.221(6) provides that: Final construction documents or instruments of service which include plans, drawings, specifications, or other architectural documents prepared by a registered architect as part of 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. particularly described in Paragraphs 40 and 41, Respondent prepared construction documents for the Project that in numerous ways fall below acceptable standards for architectural documents in that said documents are incomplete, inadequately coordinated, and of (119) Respond Florida Statutes, unacceptable quality. ent thus has violated Section 481.225(1) (a), by preparing construction documents for the 31 YU Nw] Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 Project that fall short of being of sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. COUNT FIFTEEN (120) Petitioner realleges and incorporates, as if fully stated herein, the allegations contained in Paragraphs 1 through 44, above, and alleges further as follows: (121) Section 481.225, Florida Statutes, provides that: (1) The following acts shall constitute grounds for which disciplinary actions specified in subsection (3) may be taken: * * * (h) Aiding, assisting procuring, or advising any unlicensed person to practice architecture — contrary to this part or to the rule of the department or the board. (122) Section 481.222, Florida Statutes, provides in part: Notwithstanding any other provision of the law, a person who is currently licensed to practice as an architect under this part may provide building inspection services described in s.468.603(6)and (7) to a local government or state agency upon its request, without being certified by the Board of Building Code Administrators and Inspectors under Part XII of Chapter 468. With respect to the performance of such building inspection services, the architect is subject to the disciplinary guidelines of this part and s.468.621(1) (c)-(g. 32 Cae U Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 (123) Section 468.621(1) (c), Florida Statutes, provides that: (1) The following acts shall constitute grounds for which disciplinary actions specified in subsection (2) may be taken: * * * (c) Knowingly assisting any person practicing contrary to the provisions of: (1) This part; or (2) The building code adopted by the enforcement authority of that person. (124) Section 468.609(4), Florida Statutes, provides that: (3) No person may engage in the duties of a Building code administrator, plans examiner, or inspector pursuant to this part after October 1, 1993, unless such person possesses One of the following types of certificates, currently valid, issued by the board attesting To the person’s qualifications to position: (a) A standard certificate. (b) A limited certificate. (c) A provisional certificate. (125) As more particularly described in Paragraphs 26, and 35, Respondent employed Whitney to perform SBC compliance inspections on the Project. (126) Whitney is not a registered architect pursuant to Chapter 481, Florida Statutes. 33 UW Nw) Administrative Complaint Department of Business and Professional Regulation Case No. 97~04879 (127) Whitney is not a certified building code inspector under Chapter 468, Part XII, Florida Statutes. (128) Respondent thus has violated Section 481.225(1) (i), Florida Statutes, by aiding, assisting, procuring, or advising any unlicensed person to practice architecture contrary to Part I, Chapter 481, Florida Statutes. (129) Respondent thus violated Section 468.621(1) (c), Florida Statutes, by assisting Whitney to practice contrary to Section 468.609(4), Florida Statutes. COUNT SIXTEEN (130) Petitioner realleges and incorporates, as if fully stated herein, the allegations contained in Paragraphs 1 through 44, above, and alleges further as follows: (131) Section 455.227, Florida Statutes, provides that: (2) The following acts shall constitute grounds for which disciplinary actions specified in subsection (2) may be taken: * * * (o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. (132) Respondent assumed full responsibility for compliance 34 U U Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 of the Project with pertinent technical codes and ordinances, as described in Paragraphs 22 and 39. (133) As demonstrated in paragraphs 29, 30, 31, 33, 37, 41, 43, and 44, Respondent failed to live up to his responsibilities for full compliance of the Project with the pertinent technical codes and ordinances. (134) Respondent knew or had reason to know that he was not competent to assume responsibilities for full compliance of the Project with the pertinent technical codes and ordinance. (135) Respondent thus violated Section 455.227(1) (0), Florida Statutes, by assuming professional responsibilities the Respondent knew or had reason to know, he was not competent to perform. WHEREFORE, Petitioner requests that the Board of Architecture and Interior Design enter an Order imposing one or more of the following penalties pursuant to Sections 455.227(2) and 481.225(3), Florida Statutes: revocation or suspension of Respondent's license, restriction of Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, and/or any other relief that the Board deems appropriate. stcneD this /(S”aay of (Ta , 2000. 35 U UY Administrative Complaint Department of Business and Professional Regulation Case No. 97-04879 Deputy General Counsel COUNSEL FOR DEPARTMENT: Charles J. Pellegrini/Dorota Trzeciecka Senior Attorney Department of Business and Professional Regulation F | L E D 1940 North Monroe Street ‘ i - of Business and Professional Regulation Tallahassee, Florida 32399-0792 DEPUTY CLERK 10/9/98 98/12/20 cure Ltardn Prardot Michele Revi 00 * ; DATE o- 3 -2000 see hls lag, 2nd PCP: DATE: 0/07 hits "Oat ac. Bat Rama * whites 36 Iw J) oe DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION “ Oe ran R. R. Moore c/o Michael T. Benz, Esquire 1234 Airport Road ‘ Suite 225 Destin, Florida 32541 Re: Case Number 97-04879 : SERVICE OF ADMINISTRATIVE COMPLAINT Dear Mr. Benz: This is to inform your client that probable cause has been found to believe that your client violated certain provisions of the Florida Statutes governing the practice of architecture. The enclosed Administrative Complaint contains the formal charges filed against your client. Receipt of these documents constitutes legal service upon your client. Options available to your client under Florida law are: (a) Choose not to dispute the material facts alleged and request a hearing before the Board which will ' only hear evidence regarding the conclusions of law and the penalty for violations; or (b) Dispute the material facts alleged and request a hearing before an administrative law judge with the Division of Administrative Hearings; or (c) Waive your right to either type of hearing and put yourself completely at the Board’s discretion; or (d) Execute the enclosed Settlement Stipulation. Please be advised, pursuant to Section 120.573, Florida Statutes, that mediation is not available for this type of agency action. Your client must respond by selecting one of the options on the enclosed Election of Rights form and forwarding the executed Election of Rights form to this office within 21 days of your receipt of this letter. Failure to respond within the 21 day period may be deemed a waiver of the rights outlined above and the Department may proceed against your client by default. Sincerely, Dorothy Trzeciecka Senior Attorney DT/plp - ATTCHS: Administrative Complaint; Election of Rights form, Explanation of Rights form, Settlement Stipulation ***Note that you may be contacted by private attomeys regarding this action as the formal charges being brought against you are a matter of public record and must be released upon request. It may be in your best interest to seek legal counsel, however, neither this department nor the Board has sought counsel on your behalf, Be aware that any contact by legal representative outside department or board staff or private contract attorney for the department has not been initiated by this office. Attorneys with, or retained by, the Department do not represent your individual interest. = OFFIGE OF THE GENERAL COUNSEL NORTHWOOD CENTRE - 1940 NORTH MONROE STREET - TALLAHASSEE, FLORIDA 32399-2202 Telephone (850) 488-0062 - Fax (850) 414-6749 Jeb Bush, Governor Cynthia A. Henderson, Secretary R. R. Moore. Post Office Box 607 Destin, Florida 32540-0607 Re: Case Number 97-04879 SERVICE OF ADMINISTRATIVE COMPLAINT Dear Mr. Moore: This is to inform you that probable cause has been found to believe that you violated certain provisions of the Florida Statutes governing the practice of architecture. The enclosed Administrative Complaint contains the formal charges filed against you. Receipt of these documents constitutes legal service upon you. Options available to you under Florida law are: (a) Choose not to dispute the material facts alleged and request a hearing before the Board which will only hear evidence regarding the conclusions of law and the penalty for violations; or {b) Dispute the material facts alleged and request a hearing before an administrative law judge with the Division of Administrative Hearings; or (c) Waive your right to either type of hearing and put yourself completely at the Board’s discretion; or (d) . Execute the enclosed Settlement Stipulation. Please be advised, pursuant to Section 120.573, Florida Statutes, that mediation is not available for this type of agency action. You must respond by selecting one of the options on the enclosed Election of Rights form and forwarding the executed Election of Rights form to this office within 21 days of your receipt of this letter. Failure to respond within the 21 day period may be deemed a waiver of the rights outlined above and the Department may proceed against you by default. ‘othy Trzeciecka Senior Attorney DT/plp ATTCHS: Administrative Complaint; Election of Rights form, Explanation of Rights form, Settlement Stipulation ***Note that you may be contacted by private attorneys regarding this action as the formal charges being brought against you are a matter of public record and must be released upon request. It may be in your best interest to seek legal counset, however, neither this department nor the Board has. sought counsel on your behalf. Be aware that any contact by legal representative outside department or board staff or private contract attorney for the department has not been initiated by this office. Attomeys with, or retained by, the Department do not represent your individual interest. OFFICE OF THE GENERAL COUNSEL NORTHWOOD CENTRE - 1940 NORTH MONROE STREET : TALLAHASSEE, FLORIDA 32399-2202 ‘Teleohone (850) 488-0062 - Fax (850) 414-6749 Wag I G™ ff Sn a ELECTION OF RIGHTS 0 y Ea FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION k 2 6 i ; Oly AG Licensee: R. R. Moore Case NEOMy Ko. he r Mey a Py I have read the Administrative Complaint in this matter, and elect as follows: ME. A aie fi YE CHECK ONE Ss 1. (_) Ido not dispute the material facts alleged in the Administrative Complaint but do wish to appear before the Board to be heard on the conclusions of law and the issue of penalty. | therefore request a hearing not involving disputed issues of material fact, under section 120.57(2), Florida Statutes. | understand that at the hearing J will not be allowed to deny the facts alleged in the Administrative Complaint, but will only be permitted to submit written and/or oral evidence in mitigation of the charges in the Administrative Complaint or explain why the facts alleged do not amount to a violation of law. 2. Bx) I do dispute the material facts alleged in the Administrative Complaint and request that this be considered‘a petition’for a hearing involving disputed issues of material fact before an administrative law judge with the Division of Administrative Hearings, pursuant to Section 120.57(1), Florida Statutes. If you select this option, you must state below which specific facts you dispute. (Use the back of this sheet if needed.) 3. () I waive my right to object or be heard concerning this matter and the Board may do as it sees fit concerning this matter. 4, (_) SETTLEMENT STIPULATION: (if one is enclosed) I have executed the enclosed Settlement Stipulation to settle this case. I understand this Stipulation is subject to approval of the Board. Please be advised, pursuant to Section 120.573, Florida Statutes, mediation is not i GY, He of agency action. THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT FULLY 'HE TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE S NNR AK LR. MOS P. 0. Rx Go Z LAS, AtrePort fora! Mailing Address (if differént) Street Address Desria Ef 339) Deszm Fl 325% City State Zip City State Zip £50- SF7 6300 Respondent's daytime phone number. MUST BE SIGNED AND NOTARIZED STATE OF FLORIDA - COUNTY OF The foregoing instrument was acknowledged before me this 138 day of ~ J Tateg , 2000, by R. R. Moore, who is personally known to me identification. NOTARY PUBLIC JA. TUCKER My Commission Expires: EXPIRES: Aug 31, 2003 : {RQOSNOTARY Fla. Notary Service & Bonding Co. * MY COMMISSION # CC 868056 orn MAIL THIS FORM TO THE ADDRESS BELOW, ATTN. DAN B OFFICE OF THE GENERAL COUNSEL NORTHWOOD CENTRE - 1940 NORTH MONROE STREET - TALLAHASSEE, FLORIDA 32399-2217 Telephone (850) 488-0062 - Fax (850) 488-5761 YU UY TS pp STATE OF FLORIDA “6 vy) 4 ap) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , ““ 2p 4 BOARD OF ARCHITECTURE AND INTERIOR DESIGN DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. DBPR Case No.: 97-04879 R. R. MOORE, Respondent. / MOTION TO DISMISS Respondent, R. R. Moore, through the undersigned counsel, moves to dismiss the Administrative Complaint (“Complaint”) filed by the DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION against the Respondent and as grounds states: 1. Respondent disputes many of the material facts alleged in the Complaint, however he cannot answer or respond to the Complaint as the documents on which the Complaint is based are not attached. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Peter Grant Gioia, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-0792, via facsimile and regular U.S. mail this 20th day of July, 2000. D. MICHAEL CHESSER Florida Bar No. 144850 CHRISTA L. SWANICK Florida Bar No. 65341 ; CHESSER, WINGARD, BARR & FLEET, P.A. 1201 Eglin Parkway : Shalimar, FL 32579 (850) 651-9944 Facsimile (850) 651-6084

Docket for Case No: 00-003065PL