STATE OF FLORIDA 2» DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, O “| ~ Sle xO OL vs. CASE NO.: 2006-010045 JAMES R. ABNEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JAMES R. ABNEY, ("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 14962. 3. Respondent’s address of record is 6006 North 133 Drive, Litchfield Park, Arizona 85340. 4. On or about September 22, 1998, John Abney contracted with Joel Hochberg to perform architectural services for a residence located at 317 Ocean Bivd., Golden Beach, Florida 33160. 5. John Abney signed and sealed the architectural drawings using license number AR 14692. 6. John Abney submitted the architectural drawings to the Building Department. 7. John Abney does not own architectural license number AR 14692. 8. John Abney’s father Respondent James Abney is the holder of architectural license number AR 14692. 9. Respondent James Abney allowed his son John Abney, the use of his architectural seal to sign and seal drawings that were submitted to the building department for permitting purposes. 10. 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. 11. Based upon the foregoing, Respondent has violated Section 481.225(1)(g), Florida Statutes by committing misconduct in the practice of architecture by allowing John Abney to use his architectural seal. 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. Signed this _7** day of Septembe— 2007. my yA 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 amma LE D Wirtz Hall

Docket for Case No: 07-005680PL