STATE OF FLORIDA OF ty DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Hp, DEPARTMENT OF BUSINESS AND tO PROFESSIONAL REGULATION, Petitioner, (O% 0 d0Y vs. . CASE NO.: 2007-010010 JAMES C. PERRY AND, PERRY ABNEY & ASSOCIATES, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JAMES C. PERRY and PERRY ABNEY & ASSOCIATES, ("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 James Perry, is and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 12113. 3. Respondents’ address of record is 6530 NE 21 Road, Ft. Lauderdale, Florida 33308. 4. At all times material hereto, John Abney was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. On or about September 22, 1998, Respondents contracted with Joel Hochberg to perform architectural services for a residence located at 317 Ocean Blvd., Golden Beach, Florida 33160. 6. Respondent James C. Perry was the architect of record for the project and partnered with John Abney to perform architectural services for the project. 7. Respondent Perry Abney & Associates does not hold a certificate of authorization to practice architecture in the State of Florida and therefore cannot contract to perform architectural services. 8. John Abney signed and sealed architectural drawings using license number AR 14692. 9. John Abney submitted the architectural drawings to the Building Department. 10. John Abney does not own architectural license number AR 14692. 11. John Abney’s father James Abney is the holder of architectural license number AR 14692. 12. Further, John Abney signed numerous Application and Certificate of Payments as an architect. 13. Respondent James C. Perry aided John Abney in the unlicensed practice of architecture by allowing him to sign and seal architectural drawings and allowing him to hold himself out as an architect in the Application and Certificate of Payments COUNT I 14. _ Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. 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. 16. Based upon the foregoing, Respondent James C. Perry has violated Section 481.225(1)(i), Florida Statutes, by assisting John Abney in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNT II 17. _ Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. , . 18. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 19. Based upon the foregoing, the Respondent, Perry Abney & Associates, has violated Section 481.219(2), Florida Statutes, by offering 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. ts Signed this /? day of A/sviwab , 2007. \ t ess Ra 2 of Business ant ERK a Department AEPUTY DAVID K. MINACCI Suicralt- Smith, Thompson, Shaw & Manausa, P.A. ‘ Pyar tp 3520 Thomasville Road, Fourth Floor CLERK a7- 900 Tallahassee, Florida 32309 FL Bar No. 0056774 DATE (Ph) (850) 402-1570 (Fax) (850) 558-1613 PCP:

Docket for Case No: 08-000204