STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, | Petitioner, Ol - > (ole v vs. Case No.: 2007-011118 GERARD J. OAKLEY AND, FLORIDA DESIGN ARCHITECTS, P.. A. Respondents. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION, (*Pétitioner"y, files this Administrative Complaint before the Board of Architecture and Interior | Design against GERARD J. OAKLEY and FLORIDA ‘DESIGN ARCHITECTS, P.A. . ("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, Gerard J. Oakley, is and has been at all times material hereto,. a . licensed architect in the State of Florida, having been issued license number AR 10374. | . 3.7 Respondents? address of record is 11911 U.S. Highway #1, North Palm Beach, © Florida 33408. oo 4. On or about September 6, 2006, Doug McIntee (“McIntee”) entered into a contract. with J ohn Yesbick (“Yesbick”) to perform architectural services for a commercial project located at 740 West Palmetto Park Road, Boca Raton, Florida 33433. 5. Mcintee prepared the drawings for the Yesbick project. 6. At all times material hereto, McIntee was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7. Respondents signed and sealed the plans prepared by MclIntee for permitting. 8. The aforementioned plans and drawings were prepared outside of Respondents’ . Office. : 9. Respondents 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. 10. Respondent failed to maintain written documentation that they have 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, 11. The Respondents did-not present when the plans were delivered by Molntee to Yesbick. 12. Respondent did not supervise the preparation of the aforementioned plans and drawings. 13. The Respondents fumetioned as essentially a “plan stamper” for MclIntee’s plans since Mclntee is not licensed to practice architecture in the State of Florida. 14. | The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. COUNT I 15. . Petitioner hereby realleges and incorporates. paragraphs one (1) through fourteen -(14) as if fully set forth herein. 16. 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 Tegistered 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, -Tequires 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 Cade, requires the architect to be a 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, Respondents have violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. . COUNT 21. — Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 22. Section 481.225(1)(), 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, Respondents have violated Section 481.225(1)G); . Florida Statutes, by assisting Melntee i in his perforinance of unlicensed activity contrary to . Chapter 481, Florida Statutes. WHEREFORE, Petitionér respectfully requests the Board enter an Order imposing one ; or more of the following penalties: Imposition of probation, reprimiond the Hcensee, tevoke, . 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 45 5. 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. : aN : . : ; Signedthis__s¢" dayof__- Teac _ , 2007. 2 yy DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 ° (Ph) (850) 402-1570 (Fax) (850) 558-1613

Docket for Case No: 07-003666