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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs D.O.T.I., INC. AND MICHELE EVANGER, 14-000509 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000509 Visitors: 28
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
Source:  Florida - Division of Administrative Hearings

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