(lp ffO3” DEPARPMIENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, - - Lo DBPR Case No.: 2002-01 1607 = YS. Se ROBERT WAYNE HERMANN oe Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ROBERT WAYNE HERMANN, ("Respondent"), and says: I. Petitioner is the state agency charged with regulating the practice of architecture pursuant to Section 20.165, Florida States, and Chapters 455 and 481, Florida Statutes. 2. Respondent is, and has t ven at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 0010279. 3. Respondent's address of record is 1826 Trade Center Way, ‘Suite D, Naples, Florida 34109. 4 Respondent is the archiiect of record for the Colony Plaza Office Complex located at 24041 South Tanuama Trai. Ponita Springs, Florida. 5 J. Kosinski (Kosinski”). a fcensed Professional Engineer. was the structural engineer of record for the Project under an aereement with the Respondent 6 On or about November 2001. Kosiaski signed and sealed the structural draw iiss and subautted the drawings for permit, 7 The Building Deparunent requested changes to the drawings Ss On or about February 19, 2002. Respondent revised the structural drawings prepared by Kosinsk1. 9, The revisions were extensive and included, foundation, elevator hoistway framing at all Moors, limited structural floor beams at all floors, limited structural floor joists at all floors, beam schedules and architectural projection details at the second floor. 10. The revised plans were submitted to the Building Department for permitting purposes. il. On March 14, 2001, Kosinski notified the Building Department that the... duce! drawings submitted by Respondent contained structural modifications that were not revs wou, authorized or incorporated by him, and objected to there use. 12. Respondent did not supervise the preparation of the aforementioned plans and drawings he revised. 13. The aforementioned plans and drawings were prepared outside of Respondent’s office. 14, The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. 15. In cerutying the afoiersentioned plans and drawings, the Respondent. was’ certifying that they were sound from an engineering standpoint as well as from an architectural standpoint, G Phe Respondent is net qituliicd to determine whether plans are sound tron an CHEINCCHAY standpoint COUNT I 17, Petitioner hereby realicg s and incorporates paragraphs one (1) through sixteen (16) as if tully set forth herein. 18. Section 481.221(4), Florida Statutes. states in pertinent part that no registered architect shall affix her or his signature or seal to any final construction document or instrument of service which includes drawings, plans. specifications, or architectural documents which «vere not prepared by her or him or under ker or his responsible supervising control or by another registered architect and reviewed, approved, or modified and adopted by her or him as her own work according to rules adopted by the board. 19. Rule 61G1-23.015(1), Administrative Code, require the architect io prepare asc . Hicsuin as evidence of the architect’s efforts: 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. 20. Rule 61G1-23.015(2), Administrative Code, requires the architect to maintain written documentation that the architect has personally supervised the preparation of al} documents and instruments of service. reviewed al} project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents acceptiny professional responsibility for such work 2 Rule G1 G1 23.015¢3). Administrative Code. requires the architect to be present whenever such final work is submitted toa chent. in order to respond to questions and maintain written minutes of such a submission mecung. 22. Based upon the toregoing, Respondent has violated Section 48 1.221(4), blorida Statutes, and Rule 61G1-23.015, Admia..strative Code, by improperly certifyins work prepared by another. COUNT IH 23. Petitioner hereby realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 24. — Section 481.225(1)(a), Slurida Statutes, states in pertinent part that violating a1’ provision of Section 455.227(1), Florida Statutes, constitutes grounds for disciplinary action. 25. Section 455.227(1)(o), Florida Statutes, states in pertinent part that practicuig oF offering to practice beyond the scope permitted by law or accepting and perfornuns profes responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform constitutes grounds for disciplinary action. 26. _ Based upon the foregoing, Respondent has violated Section 481.225(1)(a), Florida Statutes, by violating Section 455.227(1)(o), Florida Statutes, by certifying work that was beyond his ability to perform. 27. Petitioner hereby realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein, 28. Section 481.221(2). Mlorida Statutes, states in pertinent part that no registered architect shall affix, or permit to be affixed, her or his seal or signature to any final construction document or instrument of service which includes any plan, specification, drawing or other document which depicts work which she or he is not competent to perform. 29, Based upon the foregoing, Respondent has violated Section 481.221(2), Fionda Statutes, by certifying work that was beyond his ability to perform. 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 couiit, require continuing education, assess costs associated with investigation and prosecution, impose any cr all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief inat the Board is authorized to impose pursnant to Chapters 481 and 455, Florida Statuics, s.c/or the rules promulgated thereunder. con a — Signed this __ /> day of _ S vac. , 2003. . S22 > _ f) aA “pie See DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. ~ 2075 Centre Pointe Bivd. Tallahassee, Fl 32308-4893 FI Bar No. 0056774 (850) 402-1570

Docket for Case No: 03-004865PL