Fae i Fo . Sha i Py oe. ho STATE OF FLORIDA 04 ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA 10K 2] AM DIVjes DEPARTMENT OF BUSINESS AND AOMIN fe = po PROFESSIONAL REGULATION, HE; ey Wee ive Petitioner, vs. DBPR Case Nos.: — 2004-001116 2004-001125 ARCHITECTURAL ELEMENTS &, DESIGN, INC. and GARY DELUCA, 0 a [ . 3y | Y Respondents. / Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ARCHITECTURAL ELEMENTS & DESIGN, INC. and GARY DELUCA (“Respondents”), and says: 1. Petitioner is 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. The Department of Business and Professional Regulation has Jurisdiction over the unlicensed practice of architecture and interior design pursuant to Section 455.228(1), and Section 48 1.223(1 (a), Florida Statutes. 3. Respondent’s last known address is 3303 NE 32™ Street, Ft. Lauderdale, FL 33308. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes. 10: bg one emer ean aT -EA FD EERE SGP a ae. S. Respondents are doing business as Architectural Elements & Design, Inc. 6. In a brochure, the Respondents are offering architectural and interior design services, COUNT I 7. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein, 8. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use the name or title architect or registered architect, interior designer or registered interior designer, or words to that effect, when the person is not then the holder of a valid license.” 9. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title architect and interior designer, when it was not the holder of a valid ticense. COUNT II 10, Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. II. Section 481.223(| )(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person ts an architect or a registered architect,” 12 2. Based upon the foregoing, Respondents have violated Section 481.223(1)(a) by practicing architecture when it was not the holder of a valid license by offering to provide such Services. COUNT Il 13. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 14. Section 481.219(2), Florida Statutes, states a corporation, partnership, or a person practicing under a fictitious name, offering architectural services or interior design to the public must obtain a certificate of authorization. IS, Based upon the foregoing, Respondent, Architectural Elements & Design, Inc., has violated Section 481.219(2), Florida Statutes, by offering architectural and interior design services when it was not the holder of a valid certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an administrative fine not to exceed $5,000 per count, 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. . . Z tS , Signed this dayof__ October , 2004. DAVID K. MINACC] Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP:

Docket for Case No: 04-003814