FILED : Department of Business ani! Professional Regulation STATE OF FLORIDA Deputy Agency Clerk DEPARTMENT OF BUSINESS AND PROFESSIONAL REG ULA' nae 12018 * + File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, * Petitioner, Lo vs. CASE NO.:. 2013-014625 THEODORE W. ESTBERG, : ~ Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against THEODORE W. ESTBERG, ("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 architect in the State of Florida, having been issued license number AR 16469. ) . 3. Respondent’s address of record is 19476 La Serena Drive, Fort Myers, FL, 33967. 4. Respondent is the qualifier and sole architect in responsible supervisory control for Lotus Architecture, Inc. , ) 5. Respondent’s architectural seal contains the name “Don Stevenson Design” along with his own licensure information. 6. Neither Don Stevenson not Don Stevenson Design are licensed to practice architecture in the State of Florida, 7. It is improper for Respondent to have the name of an unlicensed individual on his _ architectural seal. 8. Respondent used the seal for a project known as the McClanathan Residence located at 3100 Rum Row, Naples, Florida, . COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. 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. 11. Based upon the foregoing, Respondent has violated Section 481.225(1)(i), Florida Statutes, by assisting Don Stevenson Design in its performance of unlicensed activity contrary to Chapter 481, Florida Statutes. ) COUNT IT 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. . 13, Section 481.225(1)(a), Florida Statutes, states in pertinent part that violating any rule of the board lawfully adopted pursuant to this part or Chapter 455 constitutes grounds for . disciplinary action. — 14.‘ Rule 61 G1-16.002, Florida Administrative Code, requires the seal to contain the name of only one architect or interior designer. 15. Based upon the foregoing, Respondent has violated Section 48 1.225(1), Florida - Statutes and Rule 61G-16.002, Florida Administrative Code, by using a seal containing the names of two parties, one of which is not licensed. 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. ws Signedthis_ 2Y" dayof__Oe/ 2014. a _ ‘DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Coldn, 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 . . pce: Yow (4,014 (2 MmQvuewm Shnoce. Costaya wers

Docket for Case No: 14-004146PL