; STATE OF FLORIDA oO oat DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “iQ, 4 %. : ny, @ S&S DEPARTMENT OF BUSINESS AND OMS ° ; PROFESSIONAL REGULATION, OTHE PE eee Petiti e loner, SL, vs. . Case No.: —2006-052030 — JOHN ZONA, I, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior | . Design against JOHN ZONA, IIL, ("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 9089. . 3. Respondent's address of record is 2 Independent Drive, Suite 163, Jacksonville, “Florida 3223. 4. Respondent ‘was the architect of record for a project known.as Sutton Place Jocated at 13900 Sutton Park Drive South, Jacksonville, Florida 32224. 5. Respondent hired Mark Whitnell, P-E., (“Whitnell”) to provide mechanical engineering services for the project. 6. Respondent agreed to pay Whitnell $7,500.00 for his mechanical engineering services. 7. Whiitnell only received $3,000.00 for the project. 8. When Whitnell was contacted by the owners of the project, he inquired about the remaining balance of $4,500.00. . 9. Respondent gave the owners of the project a Contractor’s Affidavit of Release of “Liens which states that Whitnell was paid in full for the project and contains Whitnell’s signature. 10. Whitnell denies ever signing the Contractor's Affidavit of Release of Liens. COUNT I 11. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) ~ as if fully set forth herein. ; 12. 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. 13. Based upon the foregoing, Respondents have violated Section 481.225(1)(g), Florida Statutes by committing misconduct in the practice of architecture when Respondent forged the signature on a release of lien. ) COUNT IL 14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. Section 481.225(1)(e), Florida Statutes, states in pertinent part that disciplinary action may be taken for making or filing a report or record that the licensee knows to be false. 16. Based upon the foregoing, Respondents have violated Section 481.225(1)(e), Florida Statutes by filing a false release of lien. 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, inipose 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. 4 Signed this__/o” day of Apel , 2007. ee ee DAVID K. MINACCI Ff | L E D vat on Smith, Thompson, Shaw & Manausa, P.A. Business and Pro oteastonal Red) 3520 Thomasville Road, Fourth Floor Depart of DEPUTY CLE! LERK Tallahassee, Florida 32309 FL Bar No. 0056774 , WM Michele (Ph) (850) 402-1570° cuemeanan (Fax) (850) 558-1613 ne -1@~ 2007 PCP: 03/26/07

Docket for Case No: 07-004118PL