FILED Department of Business ane Professional Repulaticn AGENCY CLERK CLERK Evette L Proctor Date 5/26/2010 STATE OF FLORIDA. — DEPARTMENT OF BUSINESS AND P§ SHONML REGULATION 8 + oe ol DEPARTMENT OF BUSINESS AND nos PROFESSIONAL REGULATION, 209 JUN 1) A it: 33 BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASENO.: 2009-044158 TIMOTHY KREBS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against TIMOTHY KREBS, ("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 0009168. 3. Respondents’ address of record is 1460 S. McCall Road, Suite 4A, Englewood, Florida 34224, 4, James Scott (“Scott”) entered into a contract to perform architectural services for a project that was an observation deck to a private tennis club. 5, Scott prepared the drawings for the commercial project. 6. At all times material hereto, Scott was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 2. Respondent signed and sealed the plans prepared by Scott and therefore aided the unlicensed practice of architecture of Scott. 8. The plans signed and sealed by the Respondent are insufficient and require additional! information. 9. The drawings are deficient based on the following grounds: a. The drawings do not indicate how the structure is laterally braced. b. No calculations for the structure were provided. c. No design information was provided stating the number and sizes of fasteners or loading limits. d. The Design Live Load appears to be insufficient. 10. The plans and drawings were not of sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer, COUNTI ll. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (40) as if fully set forth herein. 12. 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. 13. Based upon the foregoing, Respondent has violated Section 481.225(1)(), Florida Statutes, by assisting Scott in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNTH 14, Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. Section 481.221(6), Florida Statutes, states final construction documents or instruments of service which include plans, drawings, specifications, or other architectural documents prepared by a registered architect as part of her or his architectural practice shal! be of a sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer, 16, Based upon the foregoing, Respondent has violated Section 481.221(6), Florida Statutes by signing and sealing plans that are not sufficiently detailed. 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 ot 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__2 ¥** davor_M = , 2010. 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) 241-0161 PCP: May 12, 2010 Rodriguez, Wirtz, Gustafson

Docket for Case No: 10-009440PL