Probable Cause Panel Meeting

December 11, 2002

I.  Unlicensed Cases

Dixon Alvarino
Case No. 2001-07202, 2002-013873

Probable cause was found that Dixon Alvarino practiced unlicensed architecture by pulling building permits and entering contracts for architectural services while his license was in a null and void status.  Mr. Alvarino also held himself out as a licensed architect and interior designer on the Internet during this same period.  An administrative complaint seeking fines was filed, along with the issuance of a Notice and Order to Cease and Desist.

Dennis Baraga
D.F. Baraga and Associates
Case No. 2001-06806

The Florida Board of Architecture and Interior Design announces that on December 11, 2002, probable cause was found to file an action in Circuit Court requesting the issuance of a permanent injunction against unlicensed designer, Dennis F. Baraga of D.F. Baraga and Associates, Bradenton, Florida.

Mr. Baraga, who specializes in the design and layout of dental offices, was found to have illegally offered and provided architectural services for the renovation of a dental office for Dr. Jeff Eder in Boynton Beach, Florida in February 2001.

This was not the first incident regarding the illegal practice of architecture for Mr. Baraga. In December of 2000, an Order for Permanent Injunctive Relief was entered in the Court of Common Pleas, Cuyahoga, Ohio under similar factual circumstances.

After reviewing the evidence of 2001 that showed Mr. Baraga was offering and providing architectural services in the State of Florida, despite the previous warnings from the State of Ohio, the Board found probable cause to file for a permanent injunction in Circuit Court against Mr. Baraga to prevent him from providing and offering architectural services.

Kenneth Conner
Case No. 2002-00834

Probable Cause was found that Kenneth Conner was holding himself out as an architect on his business card.  A Notice and Order to Cease and Desist was issued, along with a request that Mr. Conner sign an affidavit stating he has changed his business card.  If Mr. Conner fails to return the affidavit, an administrative complaint seeking fines will be filed.

Gary Copee
Case No. 2002-05646

Probable Cause was found that Gary Copee was holding himself out as an architect on his title block for residential drawings.  A Notice and Order to Cease and Desist was issued, along with a request that Mr. Copee sign an affidavit stating he has changed his title block.  If Mr. Copee fails to return the affidavit, an administrative complaint seeking fines will be filed.

Elena Cosicher
Case No. 2001-09095

Probable Cause was found that Elena Cosicher was holding herself out as an interior designer on her business card.  A Notice and Order to Cease and Desist was issued, along with a request that Ms. Cosicher sign an affidavit stating she has changed her business card.  If Mr. Cosicher fails to return the affidavit, an administrative complaint seeking fines will be filed.

John Dawson
Dawson and Associates
Case No. 2002-00985

Probable Cause was found that John Dawson was holding himself out as an architect to his clients.  A Notice and Order to Cease and Desist was issued, along with a request that Mr. Dawson sign an affidavit stating he will no longer hold himself out as an architect.  If Mr. Dawson fails to return the affidavit, an administrative complaint seeking fines will be filed.

Jay Leonard
Access Design
Case No. 2001-09523

Probable cause was found that Jay Leonard practiced unlicensed architecture by entering contracts for architectural services while he was unlicensed.  An administrative complaint seeking fines was filed, along with the issuance of a Notice and Order to Cease and Desist.  An administrative complaint is pending against the licensed architect who signed and sealed Mr. Leonard’s plans.

Lee Mabire
Lee Mabire Company
Case No. 2001-07026

Probable cause was found that Lee Mabire practiced unlicensed architecture by entering contracts for architectural services while he was unlicensed.  An administrative complaint seeking fines was filed, along with the issuance of a Notice and Order to Cease and Desist.  An administrative complaint is pending against the licensed architect who signed and sealed Mr. Mabrire’s plans.

Phillip Pavon
Distinctive Domain, Inc.
Case No. 2002-05424

The Florida Board of Architecture and Interior Design announces that on December 11, 2002, probable cause was found to file an administrative complaint seeking fines up to $10,000.00 against unlicensed designer, Phillip Barry Pavon of Distinctive Domain, Inc., Coral Springs, Florida.

Mr. Pavon was found to have illegally offered and provided architectural and interior design services for the renovation of a residence owned by Andre Posse in Weston, Florida in May 2001.  Mr. Pavon made off with $23,000.00 without completing the illegal services.

This was not the first incident regarding the illegal practice of interior design for Mr. Pavon. In March of 2000, the Florida Department of Business and Professional Regulation issued a Notice and Order to Cease and Desist to Mr. Pavon under similar factual circumstances.

After reviewing the evidence of 2001 that showed Mr. Pavon was offering and providing architectural and interior design services, despite the previous warnings, the Board found probable cause to file an administrative complaint seeking fines up to $10,000.00.

Mark Robinson
Mark Robinson Architectural Drafting Systems
Case No. 2002-00011

Probable Cause was found that Mark Robinson was holding himself out as an architect on his proposals for residential drawings.  A Notice and Order to Cease and Desist was issued, along with a request that Mr. Robinson sign an affidavit stating he has changed his proposals.  If Mr. Robinson fails to return the affidavit, an administrative complaint seeking fines will be filed.

Ken Schwartz
Schwart, Schwartz and Associates, Inc.
Case No. 2002-01334

Probable Cause was found that Ken Schwartz was holding himself out as a designer on the Internet.  A Notice and Order to Cease and Desist was issued, along with a request that Mr. Schwartz sign an affidavit stating he has changed his Internet site.  If Mr. Schwartz fails to return the affidavit, an administrative complaint seeking fines will be filed.

II. Licensed Cases

Susan Shaugnessy
Susan Shaugnessy Interior Design, Inc.
Case No. 2002-01098

On or about May 27, 2001, Susan Shaugnessy contracted with Ernest and Etta Lendman to perform interior design services at their residence located at 3475 S. Ocean, Apt. 409, Palm Beach, Florida 33480. Probable cause was found that Ms. Shaugnessy committed negligence, unlicensed practice of architecture, plans not sufficiently detailed, fraud, practicing outside the scope of her license, practicing without a certificate of authorization, and failure to perform a legal obligation.  An administrative complaint was filed.

Oscar Woody
Oscar Woody and Associates
Case No. 2002-01022

On or about November 5, 2001, Lee Mabire (unlicensed) contracted with Lavonia Ives to perform architectural services on commercial property located at 2621 Michigan Avenue, Pensacola, Florida.  Although Ms. Ives made the check payable to Respondent, Mr. Mabire contracted to provide architectural services. Mr. Woody signed and sealed the plans on the same date. On or about December 12, 2001, Mr. Mabire contracted with Ms. Ives to revise blueprints for the same property.  On this occasion, Ms. Ives paid Mr. Mabire directly for his services. Probable cause was found for negligence, plan stamping, aiding and abetting unlicensed activity, failure to use to the proper seal, and practicing outside the scope of his license. An administrative complaint was filed.