STATE OF FLORIDA os DEPARTMENT OF BUSINESS AND PROFESSIONAL reQygpiON “ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, , Me ‘yf in é Petitioner, vs. Case No. 2000-04474 WILLIAM J. LINDH, , CO-M 191, ee Respondent. / ADMINISTRATIVE COMPLAINT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner’), files this Administrative Complaint against WILLIAM J. LINDH, ("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 484, Florida Statutes. jen 2. The Department of Business and Professional Regulation has jurisdiction ont ns over discipline of registered architects pursuant to Section 455.225, Florida Statutes. 3. At all times material hereto, Respondent's certification to engage in the practice of architecture was active, pursuant to Chapter 481, Florida Statutes. 4. Respondent's last known address is 1711 Pelican Cove Road, Apartment GL 442, Sarasota, Florida 34231. “ 5. In or around December of 1988, Respondent stamped, signed, and” sealed, but did not date, a set of plans drawn by M. Consul, an unlicensed architect, (hereinafter referred to as “Consul”) for the residence of Keith and Erica Muncy, located at Lot 4, Block 13, Avenida De Mayo, Sarasota, Florida 34242. 6. In or around April of 2000, Respondent stamped, signed, and sealed, but did not date, a set of plans drawn by Consul for the residence of Murph Gordon, located ll at 5322 Calle de Siesta, Sarasota, Florida 34242. 7. in or around April of 1999, Respondent stamped, signed, and sealed, but did not date, a set of plans drawn by Ray Meltzer, an unlicensed architect, (hereinafter referred to as “Meltzer’) for renovation and securing a raised second story for the chp ult residence of James Hartmann, located at 511 Avienda De Mayo, Sarasota, Florida 34242. 8. Respondent did not.responsibly supervise Consul during his project for the peut Muncy residence, hg 9. Respondent did not responsibly supervise Consul during his project for the a Gordon residence. gr 10. | Respondent did not responsibly supervise Meltzer during his project for is the Hartmann residence. 11. | Respondent stated to a Department of Business and Professional Regulation Investigator that he charges a One Hundred Dollar ($100) per sheet fee to iu ley Consul, as well as others, to sign and stamp their plans. COUNT 12. Plaintiff realleges and incorporates paragraphs 1 through 11 as though..." * fully stated in this Count I. 13. Section 481.221(1)(a), Florida Statutes, provides in pertinent part, (1) The board shall prescribe, by rule, distinctively different seals to be used by registered architects holding valid certificates of registration: (a) 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 the seal of the registered architect who prepared or approved the document and the date on which they were sealed. 14, Based upon the foregoing, Respondent violated Section 481.225(1)(a), Agel? Florida Statutes (1999), through violation of Section 481.221(1)(a), failing to date the “ plans he sealed for Consul and Meltzer. COUNT Hl 45. Plaintiff realleges and incorporates paragraphs 1 through 14 as though i fully stated in this Count II. dase 16. Section 481.221(4), Florida Statutes, provides that, “[n}o registered architect shall affix his signature or deal to any final construction document or instrument of service which includes drawings, plans specifications, or architectural documents which were not prepared by her or him or under his or her responsible .supervising contro! or by another registered architect and reviewed, approved, or modified and adopted by her or him as her or his own work according to rules adopted by the board.” 17. Respondent did not responsibly supervise Consul and Meltzer at the time the plans for the residences of the Muncy’s, Gordon's, and Hartmann’s. 18. Based upon the foregoing, Respondent violated Section 481.225(1)(a) through violating Section 481.221(4), Florida Statutes (1999). COUNT Hil 49. Plaintiff realleges and incorporates paragraphs 1 through 18 as though fully stated in this Count IIL Ler 20. Section 481.225(1)(i), Florida Statutes, provides in pertinent part, (1) The following acts constitute grounds for which disciplinary actions may be taken: (i) Aiding, , assisting, procuring, or advising any unlicensed person to practice architecture contrary - to arule of the department or the board. 21. By signing and stamping plans required by the building department and for the purpose of public record, Respondent aided and assisted Consul and Melizler to n practice unlicensed architecture. ~ 22. Based upon the foregoing, Respondent violated Section 481.225(1)(i), L, . hs Florida Statutes (1998), by aiding and assisting Consul and Melizler to practice . unlicensed architecture. COUNT IV 23, Plaintiff realleges and incorporates paragraphs 1 through 22 as though fully stated in this Count IV. 24. Section 455.225(1)(q), Florida Statutes, provides in pertinent part, (1) The following acts shall constitute grounds for which disciplinary action may be taken: (q) Violating a rule of the department or the board. 25. Rule 61G1-23.015, Florida Administrative Code, provides in pertinent part, An architect may seal and sign any and all documents, instruments of service, specifications, reports or other work which requires the seal and signature of a registered architect prepared outside of the architect’s office, so long as all the procedures set forth below are met. _ (1) The architect accepts professional responsibility for all architectural design activities of a project performed outside of the architect's office throughout design development and the production of all documents and instruments of service. The architect shall prepare and maintain as evidence of the architect's continuing effort in such work: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or local authorities upon their request. (2) The architect maintains written documentation that the architect has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. (3) The architect makes certain, if the work which the architect intends to seal and sign has been prepared by another person outside the architect’s office, that whenever such final work is submitted to a client, building owner or building user, the architect is present during such submissions in order to respond to questions from the client, owner, or user. The architect shall maintain written minutes of such a submission meeting. 26. Based upon the foregoing, Respondent violated Section 455.227(1)(q), Florida Statutes (1999), by violating a rule of the depariment or board, specifically, Rule cuts 61G1-23.015, Florida Administrative Code. WHEREFORE, Petitioner respectfully requests the Board of Architecture and Interior Design enter an Order imposing one or more of the following penalties: place on 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 $5000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.225, 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. ae Signedthis_ <' _ dayof__Sep¥embe—" , 2000. an ee By: David K. Minacci Lead Professions Attorney | COUNSEL FOR DEPARTMENT: Dorothy Trzeciecka F | | E D Senior Attorney Departrhent of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation 1940 North Monroe Sireet MN , cece vrardort Wichelt Tallahassee, FL 32399 (850) 410-1164 DATE G-28- al 00 Case # 2000-04474 POP! Shi, Tehldages + Wi ONE: Pale o¢©

Docket for Case No: 00-004786PL