FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evette L Proctor Date 8/31/2010 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND aks, PROFESSIONAL REGULATION, } O 7 q {39 P L ZY “4 BOARD OF ARHITECTURE gr o “ AND INTERIOR DEISGN, Boo, Cy eS, gk, Se kD Petitioner. CLE, - , For ge vy, Py On rn if . vs. CASE NO.: 2010-001 ey DAVID PUTNAM, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner,’ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DAVID PUTNAM, (“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 3170. 3. Respondents’ address of record is 1701 South Washington Avenue, Titusville, FL 32780. 4. Eddie Hall (“Hall”) entered into a contract to provide architectural services for a commercial project known as 7 Minuteman Cswy., located at 7 S. Atlantic Ave., Cocoa Beach, Florida. 5. Hall prepared the drawings for the project. 6. ~ Atal! times material hereto, Hall was not duly registered or certified to engage in the practice of architecture pursuant 1o Chapter 481, Florida Statutes, 7. Respondent signed and sealed the plans prepared by Hall for permitting. 8. ‘The aforementioned plans and drawings were prepared outside of Respondent's office. 9, Respondent failed to maintain as evidence of his efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project. 10. Respondent failed to maintain written documentation that he has personally supervised the preparation of all documents and instruments of service, reviewed al] project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. 11. The Respondent was not present when the plans were delivered to the client. 12. Respondent did not supervise the preparation of the aforementioned plans and drawings. us The Respondent functioned as essentially a “plan stamper” for Hall's plans since Hall is not licensed to practice architecture in the State of Florida. 4. The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. 5. In preparation of the plans and drawings, Respondent was 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. 16. 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. 17. The Respondents’ title block fails to comply with Rule 61G1-16.004, Florida Administrative Code COUNTI 18, Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 19, Section 481.221(4), Florida Statutes, states in pertinent part that no registered architect shall affix her or his signature or seal to any final construction document or instrument of service which includes drawings, plans, specifications, or architectural documents which were not prepared by her or him or under her or his responsible supervising cantrol or by another registered architect and reviewed, approved, or modified and adopted by her or him as her or his own work according to rules adopted by the board. 20. Rule 61G1-23.015(1), Administrative Code, require the architect to prepare and maintain as evidence of the architect’s efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or local authorities upon their request. 21. Rule 61G1-23.015(2), Administrative Code, requires the architect to maintain written documentation that the architect has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. 22. Rule 61G1-23.015(3), Administrative Code, requires the architect 10 be present whenever such final work is submitted to a client, in order to respond to questions and maintain wrilien minutes of such a submission meeting. 23. Based upon the foregoing, Respondent has violated Section 481 .221{4), Florida Statutes, and Rule 61G1~23.015, Administrative Code, by improperly certifying work prepared by another. COUNT II 24, Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 25. 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 ruje of the department or the board. 26. Based upon the foregoing, Respondent has violated Section 481.225(1)@), Florida Statutes, by assisting Hal] in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. COUNT ID 27. Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully sec forth herein. 28. 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. 29, Based upon the foregoing, Respondent has violated Section 481 225(1)(g), Florida Statutes by signing and sealing plans that do not conform to acceptable standards of architectural practice. COUNT IV 30. Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 31. 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 shall be of a sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. 32. Based upon the foregoing, Respondent has violated Section 481.221(6), Florida Statutes by signing and sealing plans that are not sufficiently detailed. COUNT V 33. Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 34, Section 48].225(1)(a), Florida Statutes, states in pertinent part that violating any rule of the board lawfully adopted pursuant to this part or Chapier 455 constitutes grounds for disciplinary action. 35, Rule 61G1-16.004, Florida Administrative Code, requires the title block to contain: a. Firm name, address, and telephone number. b.' Firm license number. c. Name or identification of project. d. Date prepared. e. A space for the signature and dated sealed. f. A space for the printed name of the person sealing the document. 36. Based upon the foregoing, Respondent has violated Section 481 .225(1), Florida Statutes and Rule 61G-16.004, Florida Administrative Code, by submitting construction documents for permit with a title block that is in violation. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing onc 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, requirc conunuing 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 ts authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. — Signed this zoel day of Axs ea & 2010. > > ~~ J . 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: August 18, 2010 Rodriguez Wirtz Gustafson

Docket for Case No: 10-009839PL