FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA] pate 4/30/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: — 2012-040381 OMEGA ARCHITECTURAL PRODUCTIONS, INC. AND DAVID CLEVELAND, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”). files this Administrative Complaint before the Board of Architecture and Interior Design against OMEGA ARCHITECTURAL PRODUCTIONS, INC. and DAVID CLEVELAND, (“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. Respondents’ last known address is 100 Avenue A, Suite 2E, Ft. Pierce, PL 34950, 4, At all times material hereto, Respondents were not duly registered or certifted to engage in the practice of architecture pursuant lo Chapter 481, Florida Statutes. 5. Respondents entered into a contract to provide architectural services for a project located at 40] South Ocean Drive, Fort Pierce, Florida. 6. Respondents are listed as the architect for the project. 7. Respondents are doing business as Omega Architectural Productions, Inc. 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services for a commercial property. COUNTI 9. Petitioner hereby realleges and incorporates paragraphs one (1) through cight (8) as if fully set forth herein. 10. 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.” Il. Based upon the foregoing, Respondents have violated Section 481 2231 )(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering architectural services. COUNT Ih 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. 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 elfect, when the person is not then the holder of a*valid license.” 14. Based upon the foregoing, the Respondents have violated Section 481.223(1){c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT II 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 16. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 17. Based upon the foregoing, the Respondent, Omega Architectural Productions, Inc., has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an administrative fine not to excced $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. i DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Colén, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: — (850) 402-1570 Fax: (850) 241-0161 davidm@stslaw.com PCP: January 23, 2013 Hall Shore Costoya

Docket for Case No: 13-000484