/ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: 2005-002759 ROMAN YURKIEWICZ and 0 s 7) well BPY ASSOCIATES INCORPORATED, Respondents. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ROMAN YURKIEWICZ and BPY ASSOCIATES INCORPORATED, ("Respondents"), and says: I. 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 ROMAN YURKIJEWICZ is, and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 15612, however Respondent BPY ASSOCIATES INCORPORATED was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 3. Respondents’ address of record is 203 Glenview Boulevard, Daytona Beach, Florida 32118. 4, On or about June 23, 2003, Brain P. Fridley (“Fridley”) entered into a contract with Patrick Sullivan to provide architectural services for a project known as the Sullivan Office Building located at 1900 West Granada Boulevard, Ormond Beach, Florida in the amount of $11,950.00. 5. On or about June 10, 2002, Fridley entered into a contract with Jay Allen to provide architectural services for a project known as the Broken Spoke Saloon Restaurant located at 1151 North U.S. 1, Ormond Beach, Florida in the amount of $1,500.00. 6. On or about August 23, 2003, Fridley entered into a contract with Hal J. Burroughs to provide architectural services for a project known as the Tomoka Commerce Center located at LPGA Boulevard, Daytona Beach, Florida in the amount of $13,750.00. 7. At all times material hereto, Fridley was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 8. Respondents signed and sealed the plans prepared by Fridley for the purposes of obtaining a building permit. 9. The aforementioned plans and drawings were prepared outside of Respondents’ office. 10. Respondent failed to maintain as evidence of his efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project. 11. Respondent failed to maintain written documentation that he has personally supervised the preparation of al} 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. 12. The Respondent was not present when the plans were delivered by Fridley to the client. 13. Respondent did not supervise the preparation of the aforementioned plans and drawings. 14. The Respondent functioned as essentially a “plan stamper” for the plans since Fridley is not licensed to practice architecture in the State of Florida. 15. The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. COUNTI 16. Petitioner hereby realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein, 17. 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. 18. 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. 19, 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. 20. 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. 21. Based upon the foregoing, Respondents have violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. COUNT HY 22. Petitioner hereby realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 23. 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. 24, Based upon the foregoing, Respondents have violated Section 481.225(1)G), Florida Statutes, by assisting Fridley in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNT HT 25. Petitioner hereby realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 26. Section 481.219(2), Florida Statutes, requires a certificate of authorization to practice architectural services through a corporation, partnership, or under a fictitious name. 27. Based upon the foregoing, Respondent BFY Associates Incorporated has violated Section 481.219(2), Florida Statutes, by practicing architectural services 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 rules promulgated thereunder. 2 _ Signed this 3s dayof__ Jun , 2005. rotessional Reguation Rot Ke pepatiment of BY of Sein Ory CLER DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 CLERK f o 005 FL Bar No. 0056774 pate (o- (Ph) (850) 402-1570 (Fax) (850) 402-1508 PCP: {,, a le \S\o5

Docket for Case No: 05-002301