Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs MYLER CHURCH BUILDING SYSTEMS, INC., AND NANCY MAYEAU, 05-000588 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000588 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: MYLER CHURCH BUILDING SYSTEMS, INC., AND NANCY MAYEAU
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: Feb. 18, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 14, 2005.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Qs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ni, Sie e VS. Case No.: — 2004-029718 “'- MYLER CHURCH BUILDING SYSTEMS, AND NANCY MAYEAUX, Im ne ; VS 05 SK Respondents. [ >) 0 >) / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MYLER CHURCH BUILDING SYSTEMS AND NANCY MAYEAUX, ("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 pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3, At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida Statutes. 4. Respondents’ last known address is 1244 80" Street, St. Petersburg, Florida 33707. 5. Respondents’ website offers architectural and interior design services from the above address. 6. Respondents do not employ a full time Florida licensed architect at the above address. 7. Respondents claim to have provided architectural services on the following projects in the State of Florida: a. The Episcopal Church of the Good Shepherd, Punta Gorda, Florida. b. Burnt Store Presbyterian Church, Punta Gorda, Florida. c. Liberty Chruch, West Pensacola, Florida. d. Mount Olive Baptist Church, Live Oak, Florida. e. Quest Construction Estimating Solutions, Sarasota, Florida. f. Trinty Presbyterian Church, Clearwater, Florida. COUNT I 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” 10. Based upon the foregoing, Respondent, has violated Section 481.223(1)(a) by practicing architecture when they were not the holder of a valid license by contracting to provide architectural services and accepting payment for architectural services involving commercial property. COUNT I 11. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 12. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use the name or title ‘architect’ or ‘registered architect’ or words to that effect, when the person is not then the holder of a valid license.” 13. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when it was not the holder of a valid license. COUNT III 14. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 15. Section 481.219(2), Florida Statutes, states a corporation, partnership, or a person practicing under a fictitious name, offering architectural services to the public must obtain a certificate of authorization. 16. Based upon the foregoing, Respondent, Myler Church Building Systems has violated Section 481.219(2), Florida Statutes, by offering architectural services when it was not the holder of a valid certificate of authorization. COUNT IV 17. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 18. Section 481.223(1)(b), Florida Statutes, states that a person may not knowingly “practice interior design unless the person is an interior designer or a registered interior designer.” 19, Based upon the foregoing, the Respondents have violated Section 481.223(1)(b), Florida Statutes, by offering to perform interior design services on its website. 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 penaltics 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. 24 ~— Signed this __/ § , day of _ ara * 7 + , 2005. Depa E ) , tment Mt sins nd Professional - Sy). ea An PUTY CLERK ulation = DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. CLER Brand A . , , K Vhichely 2075 Centre Pointe Blvd DATE ] =~ ~ Tallahassee, Fl 32308-4893 Os FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508

Docket for Case No: 05-000588
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer