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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs TIMOTHY KREBS, 11-001943PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001943PL Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: TIMOTHY KREBS
Judges: THOMAS P. CRAPPS
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Apr. 19, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 25, 2011.

Latest Update: Oct. 05, 2024
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: 11-001943PL
Issue Date Proceedings
May 25, 2011 Order Closing File. CASE CLOSED.
May 24, 2011 Motion to Dismiss Formal Hearing filed.
May 17, 2011 Notice of Canceling Deposition (Timothy Krebs) filed.
May 12, 2011 Amended Notice of Taking Deposition (Timothy Krebs) filed.
May 09, 2011 Notice of Taking Deposition (Timpthy Krebs) filed.
May 06, 2011 Order of Pre-hearing Instructions.
May 06, 2011 Notice of Hearing by Video Teleconference (hearing set for June 3, 2011; 9:00 a.m.; Sarasota and Tallahassee, FL).
May 05, 2011 Petitioner's Response to Initial Order filed.
Apr. 19, 2011 Order Re-opening File.
Apr. 12, 2011 Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 10-9440PL)
Jun. 11, 2010 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admissions filed.
Jun. 11, 2010 Election of Rights filed.
Jun. 11, 2010 Administrative Complaint filed.
Jun. 11, 2010 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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