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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs DAVID M. PUTNAM AND DAVID M. PUTNAM P.A., 08-004321 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004321
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: DAVID M. PUTNAM AND DAVID M. PUTNAM P.A.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Titusville, Florida
Filed: Sep. 02, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 18, 2009.

Latest Update: Jun. 02, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND 0 ‘4 C | % ay PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, pee PORAT) y IEARINGS * Petitioner, vs. CASE NO.: 2007-056623 DAVID M. PUTNAM and DAVID M. PUTNAM P.A., Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DAVID M. PUTNAM and DAVID M. PUTNAM 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 David M. Putnman is, and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number 3170. 3. Respondents’ address of record is 3553 South Washington Avenue, Titusville, Florida 32780. 4. Respondents entered into a contract with Dennis J. Clark to prepare architectural drawings for a commercial project located at 650 Eyster Blvd., Rockledge, Florida. 5. The contract between the parties was for the design of 100’ X 50’ building with a partial second floor. 6. The Respondents prepared the preliminary design without a site plan. 7. Once the site plan was approved, it called for a building footprint of 48 X 96’. 8. The Respondents should have coordinated the size of the building footprint so that the building could be permitted. 9. In preparation of the plans and drawings, Respondents were 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. 10. Further, Respondents are offering architectural services through David M. Putnam, P.A., without a certificate of authorization. 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 preparing plans that do not conform to acceptable standards of architectural practice. COUNT It 14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 16. Based upon the foregoing, the Respondent, David M. Putnam, P.A., 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 an administrative fine not to exceed $5,000 per count, 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, Signed this yyt day of uly , 2008. Depart eny of f / l E D DAVID K. MINACCI Nass 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 PCP: vlealos Getedeon

Docket for Case No: 08-004321
Issue Date Proceedings
Apr. 01, 2009 Petitioner`s Motion to Re-open Case filed.
Feb. 18, 2009 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Feb. 17, 2009 Motion to Dismiss Formal Hearing filed.
Feb. 12, 2009 Letter to D. Minacci from D. Putnam regarding receipt of Order in Second Amended Order to Compel filed.
Feb. 05, 2009 Letter to Judge Stevenson from D. Putnam enclosing letter correspondences to Petitioner filed.
Feb. 03, 2009 Order of Pre-hearing Instructions.
Feb. 03, 2009 Notice of Hearing (hearing set for March 17, 2009; 9:00 a.m.; Titusville, FL).
Feb. 03, 2009 Order on Second Amended Order to Compel.
Feb. 02, 2009 Petitioner`s Response to Order Granting Continuance filed.
Jan. 22, 2009 Order Granting Continuance (parties to advise status by February 2, 2009).
Jan. 21, 2009 Motion to Continue Hearing filed.
Jan. 16, 2009 Seconded(sic) Amened(sic) Motion to Compel Responses to Interrogatories and Requests for Production filed.
Dec. 11, 2008 Order Re-scheduling Hearing (hearing set for February 9, 2009; 9:00 a.m.; Titusville, FL).
Dec. 11, 2008 Order on Amended Motion to Compel.
Dec. 09, 2008 CASE STATUS: Motion Hearing Partially Held; continued to February 9, 2009; 9:00 a.m.; Titusville, FL.
Dec. 04, 2008 Amended Motion to Compel Responses to Interrogatories and Requests for Production filed.
Nov. 14, 2008 Letter to Judge Stevenson from David Putnam regarding plans prepared by Mr. Putnam filed.
Oct. 28, 2008 Order Granting Continuance (parties to advise status by November 10, 2008).
Oct. 27, 2008 Motion to Continue Hearing filed.
Oct. 23, 2008 Order on Motion to Compel.
Oct. 14, 2008 Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
Oct. 14, 2008 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Sep. 12, 2008 Order of Pre-hearing Instructions.
Sep. 12, 2008 Notice of Hearing (hearing set for November 7, 2008; 9:00 a.m.; Titusville, FL).
Sep. 11, 2008 Respondent`s Response to Initial Order filed.
Sep. 05, 2008 Petitioner`s Response to Initial Order filed.
Sep. 02, 2008 Initial Order.
Sep. 02, 2008 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Sep. 02, 2008 Election of Rights filed.
Sep. 02, 2008 Administrative Complaint filed.
Sep. 02, 2008 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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