SMITH, THompson, SHAw & Manausa, P.A. ATTORNEYS AT LAW 2075 CENTRE POINTE BLVD. Yeo mm pe TALLAHASSEE, FLORIDA 32308-4893 aan a W. CRIT SMITH 5 ype 7 r FRANK S. SHAW, Ill DANIEL E. MANAUSA. (850) 402-1570 03 FEB | 3 AH tl ; 58 DAVID K. MINACCI FAX (850) 402-1508 SUSAN S, THOMPSON* SHAWN P. GOLETZ *ALSO ADMITTED IN GEORGIA February 12, 2003 Sharyn Smith, Chief Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 RE: DBPR v. Donald L. Morris and Donald L. Morris & Associates, P.A. Case No. 2002-014031 Sb0Y9O Dear Judge Smith: This letter shall serve as a request to assign a hearing officer to the above-referenced matter. Pursuant to Sections 120.569 and 120.57(1), Florida Statutes and Rule 28-106 Part II, Florida Administrative Code, I have enclosed two (2) copies of the Petitioner’s Administrative Complaint and the election of rights by the Respondent. The Respondent is currently represented by Mitchell J. Olin, P.A., 1000 South Andrews Avenue, Fort Lauderdale, Florida 33316. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call or write. Respectfully submitted, ST IK, DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. Florida Bar No. 56774 ‘Telephone (850) 402-1570 Facsimile (850) 402-1508 Attorney for Petitioner STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL. RIG EEA TIO DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: 2002-014031 DONALD L. MORRIS and DONALD L. MORRIS & ASSOCIATES, P.A., Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DONALD L. MORRIS, ("Respondent") and DONALD L. MORRIS & ASSOCIATES, P.A., 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 0010559. 3. Respondent's address of record is 7801 Boulder Lane, Parkland. Florida 33067. 4. On or about January 3, 2002, Respondent and Dennis Kessler (“Kessler”) entered into a contract for a remodeling project. 5. Kessler paid the Respondent $9,000.00 to design the remodeling project. 6. The plans drawn by Respondent show the name Donald L. Morris & Associates, P.A. 7. Donald L. Morris & Associates, P.A., does not have a valid certificate of authorization to practice or offer to practice architecture. 8. Respondent suggested to Kesster that he use First Construction, Inc.. for the project. 9, Kessler met with Mark Hachenburg of First Construction, Inc., and entered into a contract with First Construction, Inc.. to perform the remodeling project in the amount of $200,000.00. 10. On or about March 5, 2002, First Construction, Inc., paid the Respondent $10,000.00 as a kickback, without the knowledge or consent of Kessler. tl. Furthermore, the agreement between First Construction, Inc., and Respondent called for a second payment of $10,000.00 at the completion of the project. 12. Upon learning of the kickback agreement between First Construction. Inc., and Respondent, Kessler terminated his relationship with all parties. COUNT I 13. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14. Section 481.225(1)(g), Florida Statutes, states in pertinent part that committing any act of fraud, deceit, negligence, in competency, or misconduct in the practice of architecture constitutes grounds for disciplinary action. 15. Based upon the foregoing, Respondent has violated Section 481.225(1)(g), Florida Statutes by accepting a $10,000.00 kickback from Fist Construction, Inc. COUNT I 16. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fudly set forth herein. 17, section 48 |.225(1)(a), Florida Statutes, states in pertinent part that violating any provision of Section 455.227(1), Florida Statutes, constitutes grounds for disciplinary action, 18, Section 455.227(1)(q). Florida Statutes, states that disciplinary action may be taken for violating a rule of the board. 19, Rule 61G1-12.001(6)(e) states it’s a violation to solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the architect’s client in connection with work for which the architect is responsible without the knowledge of the architect’s client. 20. Based upon the foregoing, Respondent has violated Section 481.225(1)(a), Florida Statutes, by violating Section 455,227(1)(q), Florida Statutes, by accepting a $10,000.00 kickback from the Contractor, in connect with work for which the architect is responsible without the knowledge of Kessler. COUNT Il 21. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein, 22. Section 481.219(2), Florida Statutes, requires a certificate of authorization to practice architectural services through a corporation, partnership, or under a fictitious name. 23, Based upon the foregoing, Donald L. Morris & Associates. P.A., has violated Section 48 1.219(2), Florida Statutes, by practicing architectural, without a certificate of authorization. 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. wy Signed this_ 77° dayof_Jaacea oA . 2003. \3 0 ulation 2 yt 4) _ esional REO a [ate nr ot BUSINESS DOLE DAVID K. MINACCI Departme pePuTY ); if Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. 900 Tallahassee, FL 32308-4893 FL Bar No. 0056774 Phone No.: (850) 402-1570 DATE Fax No.: (850) 402-1508 pep: 1-17-2003

Docket for Case No: 03-000490