FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK —_ Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAY pate 40/28/2011 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2011-025673 VIA DEIGN STUDIO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against VIA DESIGN STUDIO, ("Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of architecture pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. 2. Respondent, is and has been at all times material hereto, a licensed architectural firm in the State of Florida, having been issued license number AA 26002071. 3. Respondent’s address of record is 103 Westward Drive, Miami, FL, 33166. 4. Respondent prepared a proposal to Miami Dade College to provide architectural services. 5. Within the proposal, Respondent held out Jose Daniel Bernal (“Bernal”) as a project architect. 6. At all times material hereto, Bernal was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. Filed November 15, 2011 2:32 PM Division of Administrative Hearings 7. Respondent cannot hold out employees as “‘project architects” unless such employees are Florida licensed architects. 8. Section 481.225(1)(i), Florida Statutes, states in pertinent part that no registered architect shall aid, assist, procure, or advise any unlicensed person to practice architecture contrary to this part or to a rule of the department or the board. 9. Based upon the foregoing, Respondent has violated Section 481.225(1)(), Florida Statutes, by assisting Bernal in his performance of unlicensed activity contrary to Chapter 481, Florida Statutes. 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. t- Signed this 2 4 dayof_ _Oetebe- , 2011. 4 Sd DAVID K. MINACCI Smith, Thompson, Shaw Minacci & Coldén, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 (Ph) (850) 402-1570 (Fax) (850) 241-0161 PCP: October 12, 2011 Rodriguez Wirtz Hall

Docket for Case No: 11-005829