Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT : 4111212014 Ed DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. Case No.: . 2013-037686 BEACHSIDE DESIGN GROUP, INC., AND DALE SCHMUTZ, © Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against BEACHSIDE DESIGN GROUP, INC. and DALE SCHMUTZ ("Respondents"), ! 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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of architecture and interior design pursuant to Section 455.228(1), and « Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is PO Box 2147, Flagler Beach, Florida 32136. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes, 5. Respondents entered into a contract with PCM Homes Corp. to provide signed and sealed drawings for a residence, 6. The invoice specifically states the drawings will be sealed for permit. 7. Respondents are offering these services through a business entity without a certificate of authorization. 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide signed and sealed drawings. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (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.” 11. Based upon the foregoing, Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering architectural services. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as, if fully set forth herein. 13. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 14. _ Based upon the foregoing, the Respondent, BEACHSIDE DESIGN GROUP, 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 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. Signed this of ** day of _A/ousvubs-_ , 2014. o—_—______ 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 PCP: October 29, 2014 Hall Shore Toppe Rivers

Docket for Case No: 15-000228