FILED Department of Business and Professional Reputation Deputy Agency Clerk STATE OF FLORIDA CLERK —_Evetie Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA] 4414 21204 4 ° File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2013-041550 MARIO J. HERNANDEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MARIO J. HERNANDEZ, (“Respondent”), 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. Respondent’s last known address is 2932 SW 12" Street, Miami, FL 33135. 4. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. Respondent prepared a proposal to Fortuna Babani-Mendez to provide architectural services for a project known as Alberto’s Child Care & Learning Center. e 6 6. The contract specifically offers architectural services. 7. Respondent uses the title architectural designer. 8. Respondent is not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. 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, Respondent has violated Section 481.223(1){a), Florida Statutes, by practicing architecture when he was not the holder of a valid license by offering cA architectural services. COUNT HT 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 effect, when the person is not then the holder of a valid license,” 14. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when he was not the holder of a valid license. 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. A Signed this %*" dayof__AJourbs 2014.» 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: October 29, 2014 Hall Shore Toppe Rivers

Docket for Case No: 15-002887