FILED Department of Business and Professional Regulation Deputy Agency Clerk, : F CLERK = Evette Lawson-Proctor Dats 6121/2019. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE. AND INTERIOR DESIGN, Petitioner, vs. CASE NOS.: 2019-000365 . 2019-000370 JAMES BAKER AND EMERALD COAST DESIGN ASSOCIATES, LLC, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,. ("Petitioner"), files this Administrative Complaint before the Board:of Architecture and Interior Design. against JAMES: BAKER and EMERALD COAST DESIGN ASSOCIATES, LLC, (“Respondents”), and says: is 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 ‘and interior design pursuant to Section: 455:228(1), and Section 481.223(1)(a), Florida Statutes, 3; Respondents* last known:address is 1016 Thomas Drive, Panama City Beach, FL 32408, 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. On or about December 27, 2018, Respondents prepared a proposal to Masonic Temple Building for architectural services. 6. The document states, “Estimated architectural fee per Florida state architectural fee schedule.” 7, Further, Respondent uses the title Architect on his LinkedIn page. 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer architectural services or use the title architect. COUNTI 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.” il. 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 II 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,” Be st ad 14, Based upon the foregoing, the Respondents have violated Section 481,223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT UL 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. , -16. Section 481,219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services, . 17. Based upon the foregoing, the Respondent, EMERALD COAST DESIGN ASSOCIATES, LLC, 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, + Pap tse ee Florida Statutes, and/or the rules promulgated thereunder. PCP: May 16, 2019 Hall Rodriguez Wirtz Signed this_2«"* day of Mu 2019. Tr DAVID K. MINACCI Smith, Thompson, Shaw, Minacci, Colén & Power, P.A. 140-D W 1" Street St. George Island, FL 32328 FL Bar No. 0056774 Ph: (850) 799-1882 Fax: (850) 799-1884 davidm@stslaw.com

Docket for Case No: 19-003501