STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: 2003-081766 RANDALL MARKS, . ws Respondent. OY . ay \ lb kg PL / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against RANDALL MARKS, ("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 10892. 3. Respondent's address of record is 405 Central Avenue #204, St. Petersburg, FL 33701. 4. Respondent was the architect of record for the alteration and remodeling of an existing Ace Hardware store in a strip mall shopping center at 4501 34 Street South, St. Petersburg, Florida. 5. The design required the major alteration of two interior masonry bearing walls and partial removal of two interior drywail demising walls. EXHIBIT i 6. On or about July 18, 2000, Respondent signed and sealed the Permit Drawings. The Permit Drawings consisted of floor plans, an electrical demolitions plan, and a proposed lighting plan. On or about September 8, 2000, Respondent signed and sealed revised drawings for the project. The revised drawings consisted of a mechanical/HVAC plan and an existing lighting plan. 7. In certifying the aforementioned plans and drawings, the Respondent was certifying that they were sound f-om an engineering standpoint as well as from an architectural standpoint. 8. The Respondent is not qualified to determine whether plans are sound from an engineering standpoint. 9. {n preparation of the architectural and structural drawings contained in the Permit Drawings, 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 two existing interior masonry bearing walls modified by the Respondent are 60° in length and 10° high. The masonry is divided into five panels by 24” wide concrete tie columns at 12’ on center. At the top of the wall is a 16” deep concrete beam. No information on the design of the foundation or soi: bearing value is available. b. Respondent, without calculation or outside consultation, ordered the removal of the masonry panels from the floor level to up to approximately 60% of its height. This alteration caused the tie beam to become a structural element subject to bending and shear forces, the tie columns to become primary load carrying elements and the foundation to receive concentrated loads for which it was not designed. c. The structural moclifications were specified by Respondent without knowledge of factors critical to the design of concrete structures, such as concrete strength, longitudinal and shear reinforcing in the beams, columns and footings, reinforcing steel grad and the soil bearing value. d. The two existing metal stud and drywall demising walls modified by Respondent are also 60’ in length and 18° high. The top rack is screwed to the underside of the metal roof rack. Respondent without calculation ordered the removal of the lower 2/3 of the wall and permitted the remaining upper 1/3 to hang from the metal roof rack. No apparent thought was given to the adequacy of the connection at the junction with the roof deck. COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth hercin. 11. 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. 12. 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. COUNT I 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14. Section 481.225(1)(a), Florida Statutes, states in pertinent part that violating any provision of Section 455.227(1), Florida Statutes, constitutes grounds for disciplinary action. [S. Section 455.227(1 (0), Florida Statutes, states in pertinent part that practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform constitutes grounds for disciplinary action. 16. 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. COUNT HI 17, Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 18. Section 481.221(2), Florida 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. 19. Based upon the foregoing, Respondent has violated Section 481.221(2), Florida 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 count, require conunuing 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. ws Signed this 27 — dayof __ Ape: | , 2004. g : f i add Var DAVID K. MINACCI Oepartment Of Business ap Smith, Thompson, Shaw & Manausa, P.A. Nd Protessio 2075 Centre Pointe Blvd. DEPUTY CLERK Mdulation Tallahassee. FL. 32308-4893 CLERK AY . FL Bar No. 0056774 ° (Ph) (850) 402-1570 DATE ~2°0-2004 (Fax) (850) 402-1508 cP. Alaa Raden, WA ate.)

Docket for Case No: 04-002168PL