STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: (2008-051730 FERNANDO R. GOMEZ-PINA, PE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against, FERNANDO R. GOMEZ-PINA, PE (“Respondent”), and says: I. 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 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 2500. Catalonia Avenue, Coral Gables, FL 33134. 4. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes. 5. IGK Enterprises, Inc. (“IGK”) entered into a contract with Sherry Friend to provide architectural services for a residential project located at 112 Sw 20 Street, Fort Lauderdale, Florida 33315. 6. At all times material hereto, IGK was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7. IGK contract with Sherry Friend offer complete architectural drawings. 8. IGK was paid directly by Sherry Friend for providing architectural drawings. 9. IGK is not licensed in the State of Florida to practice architecture and therefore cannot offer or provide such services or use the title architect. 10. Respondent, a Florida licensed Professional Engineer, signed and sealed the drawings prepared by IGK for the purposes of obtaining a building permit. 11. Section 455.227(1)(j), Florida Statutes, prohibits aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. 12. Based upon the foregoing, Respondent has violated Section 455.227(1)(), Florida Statutes, by assisting IGK in its performance of unlicensed activity contrary to Chapter 481, Florida Statutes. 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. Signed this /3 +S dayof JQ wava-y , 2009. “2 SIN 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: Sanvac 4, 2009 Redrauee Lae FILED Department ot Business a ¢ > < nd Professi oetaGe On DEPY rofessional Regulation cue Lr rton rh . DATE 8004

Docket for Case No: 09-003439PL