STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, A DEPARTMENT OF BUSINESS AND , Bo © od PROFESSIONAL REGULATION, at. & : eo, ~ Petitioner, Bae se ; ZP 2 . een vs. ‘CaseNo.: . 2005-031 , oO GEORGE J. LOPEZ, , Respondent. ( ( ° S(UaPU / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint-before the Board of Architecture and Interior Design against GEORGE LOPEZ, ("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 9115. 3, Respondent’s address of record is 13700 SW 99" Avenue, Miami, Florida 33176. 4. On or about August 10, 2004, Respondent entered into a contract with Rolando Rodriguez (“Rodriguez”) to provide architectural services for a residence located at 2726 Alton Road, Miami Beach, Florida. 5. Respondent received $1,750.00 pursuant to the terms of the contract. { e 6. On April 11, 2005, eight months .after the contract was executed, Rodriguez demanded the return of the $ 1,750.00 because Respondent had still failed to provide the plans for © the project. , . . 7. On. May 19, 2005, Rodriguez once again demanded that the money be returmed because he still had not received the plans. 8. Almost ten months after the contract was signed, the Respondent finally provided a set of drawings to Rodriguez. 9 In preparation of the plans and 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. COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 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 committing negligence in the practice of architecture. COUNT II 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. "PCP: 14. Section 481.225(1)(), Florida Statutes, states in pertinent part that disciplinary action may be taken for failing to © perform any statutory or legal obligation placed upon a registered architect, 15. Based upon the foregoing, Respondent has violated Section 481.225(1)q), Florida Statutes by failing to perform his legal obligation under the contract. WHEREFORE, Petitioner réspectfully 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 i is authorized to impose pursuant to Chapters 481 and 455, F lorida Statutes, and/or the rulés promulgated thereunder. rob . Signed this 3 dayof_ A*s-mbe- , 2006. ae 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 ocr 28 206 FILED Department of Business and Professtonal Regulation “ Radmgyy, DEPUTY CLERK Lous cur earl Michels Hak DATE _ N-13-2006 —

Docket for Case No: 06-005162PL