STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL ras} Hy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. DBPR Case No.: 2002-00835 RONALD L. UPHOFF, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against RONALD L. UPHOFF, ("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 005133 on or about December 1, 1992. 3. Respondent's address of record is 107 Southwest 17th Street, Suite H, Okeechobee, Florida 34974. 4. On or about June 19, 1999, Joanne C. Himmel (hereinafter “Himmel”) contracted with WCI Communities (hereinafter “WCI’) for the purchase of land and the construction of a custom-built home located at 6244 120th Drive, Coral Springs, Florida. 5. WCI contracted with Florida Design Network, Inc. (hereinafter “Florida Design”) for the design and architectural plans for Himmel’s house. 6. Florida Design is owned and operated by Kenneth Michael Conner (hereinafter “Conner”). 7. Conner is not licensed to practice architecture in the State of Florida. 8. Conner prepared and drew the architectural plans for Himmel’s house using a computer-aided design program. 9. The Respondent signed and sealed the aforementioned plans prepared and drawn by Conner. 10. The Respondent is not an employee of Florida Design. 11. The Respondent is not an employee of Conner. 12. Conner is not an employee of the Respondent. 13. The aforementioned architectural plans were not drawn by the Respondent. 14. The aforementioned architectural plans were not drawn under the Respondent’s supervision as required by Rule 61G1-23, Florida Administrative Code. 15. The Respondent did not adopt the aforementioned architectural plans as his own work consistent with Rule 61G1-23, Florida Administrative Code. 16. | The Respondent was compensated by Conner for signing and sealing the aforementioned architectural plans. 17. The aforementioned plans were rejected by the Coral Springs Building Department due to the many defects contained in the aforementioned plans. 18. The Respondent, in DBPR Case Number 97-09743, was previously disciplined by the Board of Architecture and Interior Design for signing and sealing plans that were not his own work. 19. A Final Order was entered in the aforementioned DBPR Case on or about February 25, 1999, Final Order Number BPR-99-01298. 20. In the aforementioned Final Order, the Respondent was ordered to pay an administrative fine of $1000.00 and costs in the amount of $2068.81. 21. Also in the aforementioned Final Order, the Respondent’s license was reprimanded, and he was placed on probation for a period of two years. 22. Asacondition of his probation, the Respondent was required to submit to the Department a list of his projects for each six (6) month period, and the Department was to select from that list one (1) project for peer review. 23. Since the imposition of the aforementioned Final Order, the Respondent has not submitted a project listing as was required. 24. The Respondent, since the entry of the aforementioned Final Order, has signed and sealed at least eleven (11) sets of plans for F lorida Design. COUNTI 25. The Petitioner hereby realleges and incorporates paragraphs one (1) through twenty-four (24) as though fully set forth herein. 26. Section 481.225(1)(), Florida Statutes, states in pertinent part that aiding, assisting, procuring, or advising any unlicensed person to practice architecture contrary to this part or to a rule of the department or the board. 27. Based upon the foregoing, the Respondent has violated Section 481.225(1)(i), Florida Statutes. COUNT IH we 28. The Petitioner hereby realleges and incorporates paragraphs one (1) through twenty-four (24) as though fully set forth herein. 29. Section 481.225(1)(a), Florida Statutes, states in pertinent part that violating any provision of Section 481.221, Florida Statutes, constitutes grounds for disciplinary action. 30. Section 481.221(4), Florida Statutes, states in pertinent part that no registered architect shall affix his signature or seal to any final construction document or instrument of service which includes drawings, plans, specifications, or architectural documents which were not prepared by him or under his responsible supervising control or by another registered architect and reviewed, approved, or modified and adopted by him as his own work according to rules adopted by the board. 31. Based upon the foregoing, the Respondent has violated Section 481.225(1)(a), Florida Statutes, through a violation of Section 481.221(4), Florida Statutes. COUNT Mit 32. The Petitioner hereby realleges and incorporates paragraphs one (1) through twenty-four (24) as though fully set forth herein. 33. Section 455.227(1)(q), Florida Statutes, states in pertinent part that violating any lawful order of the Board constitutes grounds for disciplinary action. 34. Based upon the foregoing, the Respondent has violated Section 455.227(1)(q), Florida Statutes. 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. Signed this bs OF day of Oba , 2002. COUNSEL FOR DEP MENT: Laura P. Gaffney Assistant General Counsel FBN 437867 Department of Business and Professional Regulation 1940 North Monroe Street Suite 60 Northwood Centre Tallahassee, FL 32399 LPG/kms Case #2002-00835 Set hey By: Gail Scott-Hill Chief Professions Attorney Pce. 10/7/od odin quer? Coerea FILED Department of Business and Professional Regulation DEPUTY CLERK’ cere randnt Mechel 1O-\8-2002 DATE wan

Docket for Case No: 03-000492PL