Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs EDWARD F. WORRELL, 03-003678PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-003678PL Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: EDWARD F. WORRELL
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: New Port Richey, Florida
Filed: Oct. 09, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 3, 2003.

Latest Update: Dec. 26, 2024
So, (/? Olt £9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case wos 3003-07533 EDWARD F. WORRELL, Respondent. / eee ADMINiSTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. ("Petitioner"). files this Administraiv2 Complaint before the Board of Architecture and Interior Design against EDWARD F. W ORRELL. ("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, @ licensed architect in the N State of Florida, having been issued licerise number AR 001 5342. 3. Respondent's address of record is 6969 Edgewater Drive, New Port Richey, Florida 34652. 4. On or about May 20, 2002, an Administrative Complaint was filed against the Respondent alleging one count of negligence. The Administrative Complaint alleged that due to design flaws, beams were overstressed which caused the failure and collapse of a building. 5. On or about September 19, 2002, a Final Order was entered reprimanding Respondent's license, and placed him on two years probation. The terms of probation required Respondent to submit to the Board a list of all current projects and the probable cause panel would select three projects to review. Respondent would then be required to submit the plans and appropriate documents for the probable cause panel's review. 6. On or about November 18. 2002. Respondent submitted a project list to the Department of Business and Professional Regulation. 7. On or about January 17. 2003. the probable cause panel requested plans/drawing for the following three projects: a. Stegner/Keiss Residence b. Tarpon Springs Manor c. Sally Beauty Company 8. On or about February 10, 2003, Respondent submitted plans and drawings for review. 9. In preparation of the ar-‘itectural and structural drawings for the Stegner/Keiss residence, Respondent was negligent in that he failed to exercise due care to conform acceptable standards of architectural practice in such a manner as to be detrimental to the public. The \\ drawings were deficient in the following areas: a. Structural Stee] grillage specifications are incorrect or lacking. b. Concrete strength specified is not consistent with concrete strength throughout the plans. c. The structural floor framing is not coordinated with the architectural plan. A structural support column falls in the middle of a bedroom. d. The size of the plate at the steel beams is in conflict with other pages of the plans and the method of attachment is not consistent. e. The structural post support for the second floor framing is not coordinated with architectural plan. f There is no section or detail which clearly defines the framing at the re-entrant wall at the second floor right ha’ d side. The building wall projection at the right hand side of the plan is not to correct 2 dimension. and the error is carried over to the elevation drawings. h. The Typical Section coes not comport with the Foundation and Stee] Frame Plans. i. No connection detail is provided or specified for attachment of steel beams to masonry piers. j. The MST 36 steel strap beam to the exterior wal] connector specified at the First Floor, Typical Section, will not meet conditions illustrated. k. There is an error in the design of “Beam No 2”. The corrected bear Section Modulus is 44.4. This is 12.4% greater than the W12x31 steel beam selected by Subject. The beam is overstressed. Potential structural problems and/or life safety issues may \ : accrue from this error. 10, In preparation of the architectural and structural drawings for Tarpon Springs Manor, Respondent was negligent in that he failed to exercise due care to conform acceptable standards of architectural practice in such a manner as to be detrimental to the public. The drawings were deficient in the following areas: a. The plan consists of a single sheet and offer no supporting documents which describes the overall project. b. The bathroom elevation detail drawing do match the plan dimensions and, therefore. convey a distorted and inaccurate impression of the what the finished product will be. Elevation No. 3 “Water Closet Elevation” is reversed and incorrect. d. Space for maneuvering a wheel chair. as depicted in the “Sink Elevation” detail. is not physically available. COUNT I 11. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12 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. 13. Based upon the foregoing. Respondent has violated Section 481.225(1)(g). Florida Statutes by signing and sealing plans that do not conform to acceptable standards of architectural practice for the Stegner/Keiss Residence. \ : * COUNT I 14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. 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. 16. Based upon the foregoing, Respondent has violated Section 48).225(1)(g). Florida Statutes by signing and sealing plans that do not conform to acceptable standards of architectural practice for the Tarpon Manor project. 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 tules promulgated thereunder. W Signed this__J/* _ dayof__ September . 2003. BSD) HA DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, Fl 32308-4893 FI Bar No. 0056774 (850) 402-1570

Docket for Case No: 03-003678PL
Issue Date Proceedings
Dec. 03, 2003 Order Closing File. CASE CLOSED.
Dec. 02, 2003 Motion for Remand (filed by Respondent via facsimile).
Nov. 12, 2003 Response to Requests for Production (filed by Respondent via facsimile).
Nov. 12, 2003 Response to Request for Admissions (filed by Respondent via facsimile).
Nov. 12, 2003 Response to Interrogatories (filed by Respondent via facsimile).
Oct. 21, 2003 Order of Pre-hearing Instructions.
Oct. 21, 2003 Notice of Hearing (hearing set for December 10, 2003; 9:00 a.m.; New Port Richey, FL).
Oct. 15, 2003 Response to Initial Order (filed by Respondent via facsimile).
Oct. 15, 2003 Petitioner`s Response to Initial Order filed.
Oct. 09, 2003 Administrative Complaint filed.
Oct. 09, 2003 Petition for Formal Administrative Hearing filed.
Oct. 09, 2003 Referral Letter filed.
Oct. 09, 2003 Initial Order.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer