( Ou -[ lao SPATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: 2003-054158 JAMES T. MELVIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JAMES T. MELVIN, ("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 liceitse number AR 4459. 3. Respondent's address of record is 206 East First Street, Sanford, Florida 32771. 4. Respondent maintains an office that offers and provides architectural services at the above address. 5. Synergy, LLC, at all times material hereto held a valid certificate of authorization. 6. Respondent is the quaiificr and sole architect in responsible supervisory control of Synergy, LLC, which offers and provides architectural services from its office at 505 Beachland Blivd., Vero Beach Florida. 7. On or about March 31, 2002, Respondent signed and sealed a set of plans for the Tangos Restaurant that were prepared by unlicensed individuals within the offices of Synergy, LLC. 8. Rule 61G1-23.010, Florida Administrative Code, states, “Each architectural office maintained for the presentation of drawings, specifications, reports and other professional work shall have an architect duly registered with the Board of Architecture & Interior Design within that office with full authority and in res,.onsible charge, having direct knowledge and supervising control over such work.” 9. Rule 61G1-23.030(2), Florida Administrative Code, states, “Any other activities, including the entering into contracts between the architect and the client or the beginning of conceptual drawings shall require the full time assignment of a registered architect at the office site.” COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. 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 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. 12. 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, si’ > visit logs or research done for the project and shall provide such evidence to state or loca! authorities upon their request. 13. 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. 14, 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. 15. 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 It 16. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 17. Section 455.227, Florida Statutes, states in pertinent part that violating any rule adopted by the board or the department constitutes grounds for disciplinary action. 18. Based upon the foregoing, Respondent has violated Section 481.225(1), Florida Statutes and Rules 61G1-23.010 and 61G1-23.030(2) , Florida Administrative Code, by attempting to act as the architect in responsible supervisory control of more than one office. 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 Gs 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 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. ry Signed this__5* day of __A-vy vs , 2003. . Sr) x DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 Poe. mlailts FL Bar No. 0056774 (Ph) (850) 402-1570 (Fax) (850) 402-1508

Docket for Case No: 04-001662PL