Samer ( ( OY-1UG! STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REG ULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, am Petitioner, Og My ." , " DBPR Case Nos. ,; 2082- 00 5p. by YS. CAMISI87093° 3: 05 LAWRENCE DIXON, AND DIXON DESIGN ASSOCIATES, INC. Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against LAWRENCE DIXON AND DIXON DESIGN ASSOCIATES, INC., ("Respondents"), 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, Lawrence Dixon, is and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 6102. 3. Respondents’ address of record is 4951 Babcock Street NE, Suite 1, Palm Bay, Florida 32905. 4. On or about April 16, 2001, Robert Casale (“Casale”) contracted with Joyce Grant to perform architectural services on a commercial project in the amount of $1,800.00. 5. Casale held himself as an architect to Joyce Grant and prepared architectural drawings for the project. 6. At all times material hereto, Casale was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7. Respondent signed and sealed the plans prepared by Casale for Joyce Grant for permitting. 8. Respondent was offering architectural services through the business entity Dixon Design Associates, Inc. 9. Dixon Design Associates, Inc. does not have a certificate of authorization to perform architectural services. 10. Respondent and Casale did not execute a written agreement between themselves regarding each parties responsibility under the agreement with Joyce Grant. 11. Respondent did not supervise the preparation of the aforementioned plans and drawings. 12. The aforementioned plans and drawings were prepared outside of Respondent’s office. 13. The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. 14. The Respondent functioned as essentially a “plan stamper” for Casale’s plans since Casale is not licensed to practice architecture in the State of Florida. COUNT I 15. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 481.22 1(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 were not prepared by her or him or under her or his responsible supervising control 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. Rule 61G1-23.015(1), Administrative Code, require the architect to prepare and maintain 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. 18. Rule 61G1-23.015(2), Administrative Code, requires the architect to maintain 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. 19, Rule 61G1-23.015(3), Administrative Code, requires the architect to be present whenever such final work is submitted to a client, in order to respond to questions and maintain written minutes of such a submission meeting. 20. Based upon the foregoing, Respondent has violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. COUNT I 21. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 22. Section 481.225(1)(i), Florida Statutes, states in pertinent part that no registered architect shall aid, assist, procure, or advise any unlicensed person to practice architecture contrary to this part or to a rule of the department or the board. 23. Based upon the foregoing, Respondent has violated Section 48 1.225(1)(i), Florida Statutes, by assisting Casale in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNT It 24, Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 25. Section 481.219(2), Florida Statutes, requires a certificate of authorization to practice architectural services through a corporation, partnership, or under a fictitious name. 26. Based upon the foregoing, Respondent has violated Section 481.219(2), Florida Statutes, by practicing architectural services through Dixon Design Associates, 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 é rules promulgated thereunder. Signed this__¢¢* ~ dayof__i teu nbor , 2003. . xg Pro pepariment a put CLERK } SS Le. DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 FL Bar No. 0056774 (Ph) (850) 402-1570 (Fax) (850) 402-1508

Docket for Case No: 04-001661PL