FILE D ) Department of Business and Professional Regulation |> ; Deputy. Ageney Clerk. STATE OF FLORIDA “CLERK —_Evetie Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT].2"* 10/80/2018 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitiorer, VS TAYVING LEE, Respondent. CASE NO.: 2.018-000510 / Petitioner,, DEPARTMENT OF BUSINESS AND. PROFESSIONAL REGULATION, ADMINISTRATIVE COMPLAINT ("Petitioner"), files this. Administrative-Complaint before the Board of Architecture and. Interior Design against TA'YING LEE, ("Respondent"), and says: : ¢ 1, Petitioner i s the state agency charged with regulating the practice of architecture and interior design. pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes, 2, Responden is and has: been at. all times iaterial hereto, a licensed architect in, the State of Florida, having béen-issued.license: number AR 16291. cd Responden 98606. 4. Respondent Spritig Engineering, Inc,, *s address of record is 16110 NE 187" Avenue, Brush Prairie, WA is: the qualifier and architect in responsible supervisory control of ocated.at 3014 US HWY 19, Holiday, Florida. 5, Respondent is living full time at 16110 NE 187" Ave., Brush Prairie, Washington. 6. Respondent does not work full-time in the Holiday, Florida office and therefore cannot provide proper responsible supervisory control 7. Respondent was hired by Shen and Thomas A Lea to inspect a roof after leaks developed. 8. Respondent directed a person to inspect the roof however, no report, photographs or other documentation were provided by the inspector. 9. The Respondent prepared an inspection report which resulted in the roof being passed after reroofing. 10. The roof continued to leak after Respondent approved the reroofing. Jl. It was later discovered roof tar or patching on the new shingles, damaged shingles, and improper flashing and drip edges were installed. 12, The Respondent committed misconduct in the practice of architecture by preparing a report certifying the roof when the roof was defective. COUNT I 13, Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14, Rule 61G1-23,010(2), Florida Administrative Code, states, “Every office offering. architectural services must have a resident full time architect meeting the requirements of this rule.” 15. Section 455.227, Florida Statutes, states in pertinent part that violating any rule adopted by the board or the department constitutes grounds for disciplinary action. 16. Based upon the foregoing, Respondent has violated Section 455,227, Florida Statutes and Rule 61G1-23.010(2), Florida Administrative Code, by attempting to act as the architect in responsible supervisory over an office in which he does not work full time. COUNT II 17. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 18. 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. 19. Based upon the foregoing, Respondent has violated Section 481,225(1)(g), Florida Statutes by committing misconduct in the practice of architecture, 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, PCP: ts Signed this 3s Hall Rodriguez Shore Rivers day of Detebee , 2018, SSP DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Colén, P.A. 140-D W 1" Street St. George Island, FL 32328 FL Bar No. 0056774 (Ph) (850) 799-1882 (Fax) (850) 799-1884 davidm@stslaw.com

Docket for Case No: 18-006320PL