Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: D.O.T.I., INC. AND MICHELE EVANGER
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Jan. 30, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 7, 2014.
Latest Update: Dec. 22, 2024
FILED
Separtment of Susiness and Professional Regulation
Deputy Agenoy Clerk
STATE OF FLORIDA CLERK —_ Evetie Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA] cas 4496/9013
Fite #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs. CASE NO.: 2012-034783
D.O.T.L., INC. AND,
MICHELE EVANGER,
Respondents.
/
ADMINISTRATIVE COMPLAINT
~ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against D.O.T.I, INC. and MICHELE EVANGER, (“Respondents”), and says:
1. Petitioner is the state agency charged with regulating the practice of 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 interior design pursuant to Section 455.228(1), and Section 481,223(1}(a),
Florida Statutes. .
3. Respondents’ last known address is 236 Canal Boulevard Suite 4, Ponte Vedra
Beach, Florida 32082.
4, At all times material hereto, Respondents were not duly registered or certified to
engage in the practice of interior design in the State of Florida pursuant to Chapter 481, Florida
Statutes.
5. Respondents web site is offering “commercial interior design”.
6. Respondents web site contains numerous pictures of commercial projects.
7. Respondents are not licensed to practice interior design in the State of Florida and
therefore cannot offer or provide commercial interior design services.
COUNT T
8. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if
fully set forth herein. .
9. Respondents are offering to provide commercial interior design services.
10. 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.”
11. Based upon the foregoing, the Respondents have violated Section 481.223(1)(b),
Florida Statutes, by offering to provide interior design services.
COUNT IT
12. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7)
as if fully set forth herein.
13. Section 481.219(3), Florida Statutes, requires a certificate of authorization to.
practice interior design services through a corporation, partnership, or under a fictitious name.
14, Based upon the foregoing, Respondents have violated Section 481.219(3), Florida
Statutes, by offering commercial interior design services through D.O.T.L, Inc., without a
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.
, aed
Signed this QS -dayof_Afewaler— _, 2013.
0 a
DAVID K. MINACCI
Smith, Thompson, Shaw,
Minacci & Colon, 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: November 20, 2013
Hall
Shore
Costoya
Docket for Case No: 14-000509
Issue Date |
Proceedings |
Mar. 07, 2014 |
Order Canceling Hearing and Closing File. CASE CLOSED.
|
Mar. 05, 2014 |
(Petitioner's) Motion to Dismiss Formal Hearing filed.
|
Feb. 11, 2014 |
Order of Pre-hearing Instructions.
|
Feb. 11, 2014 |
Notice of Hearing by Video Teleconference (hearing set for March 27, 2014; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Feb. 07, 2014 |
Petitioner's Response to Initial Order filed.
|
Jan. 31, 2014 |
Initial Order.
|
Jan. 30, 2014 |
Election of Rights filed.
|
Jan. 30, 2014 |
Administrative Complaint filed.
|
Jan. 30, 2014 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Jan. 30, 2014 |
Referral Letter filed.
|