STATE OF FLORIDA C3 Fr, ad DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT HON 3 ANI}: 5 : "O7 DEPARTMENT OF BUSINESS AND haahigee N, Petitioner, vs. DBPR Case No.: 2002-01098 SUSAN SHAUGNESSY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against SUSAN SHAUGNESSY, ("Respondent"), 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. Respondent is, and has been at all times material hereto, a licensed interior designer in the State of Florida, having been issued license number {D 0003145. 3. Respondent's address of record is 3 Delano Lane, Stuart, Florida 34996. 4. On or about May 27, 2001, Respondent contracted with Ernest and Etta Lendman (“Lendmans”) to perform interior design services at their residence located at 3475 S. Ocean, Apt. 409, Palm Beach, Florida 33480. 5. Respondent contracted with the Lendmans through her corporation Susan Shaughnessy Interior Design, Inc. 6. Susan Shaughnessy Interior Desing, Inc., does not have a certificate of authorization to practice interior design services. 7. The contract required Respondent to completely remodel the Lendmans’ condominium unit, which included plumbing and electrical work in a multi-story condominium complex. 8. Section 48 1.203(6), Florida Statutes, defines architecture as: The rendering or offering to render services in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures. These services include planning, providing preliminary study designs, drawings, and specifications, job-site inspection, and administration of construction contracts. 9. Respondent failed to obtain the necessary permits for the renovations to the Lendmans’ condominium unit. 10. In preparation of the plans and drawings, Respondent was negligent in that he failed to exercise due care to conform acceptable standards of interior design practice in such a manner as to be detrimental to the public. ll. The plans and drawings were not of sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. 12. The Lendmans purchased a cocktail table from Kravet Furniture Company for $839.50 using their personal Visa credit card. The table was shipped to Respondent. Respondent never delivered the table to the Lendmans. 13. Respondent never placed orders for carpeting, cabinets, loveseats, plumbing services, flooring and a buffet, and refuses to refund the Lendmans money for these orders. io) 14. The Lendmans paid Respondent over $104,000.00, prior to terminating the contract due to the lack of progress on the remodeling project. COUNT I 15, Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 481.225(1)(a). Florida Statutes, states in pertinent part that violating any provision of Section 455.227(1), Florida Statutes, constitutes grounds for disciplinary action. 17. Section 455.227(1)(o), Florida Statutes, states a licensee may not practice or offer to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. 18. Based upon the foregoing, Respondent has violated Section 455.227(1)(0). Florida Statutes by providing services outside the scope of her license. COUNT II 19. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 20. Section 481.223(1)(a), Florida Statutes, states in pertinent part that it is a violation to practice architecture unless the person is an architect or a registered architect. 21. Section 481.2251(1)(n), Florida Statutes, state in pertinent part that it is a violation for an interior designer to render or offer to render architectural services. 22. Based upon the foregoing, Respondent has violated Sections 481.223(1)(a). 481.2251(1)(n), Florida Statutes, by practicing architecture without a license. COUNT Il 23. Petitioner hereby realleges and incorporates paragraphs one (L) through fourteen (14) as if fully set forth herein. 24. Section 48 1.219(3), Florida Statutes, requires a certificate of authorization to practice interior design services through a corporation, partnership, or under a fictitious name. 25. Based upon the foregoing, Respondent has violated Section 481.219(3), Florida Statutes, by practicing interior design services through Susan Shaughnessy Interior Design, Inc., without a certificate of authorization. COUNT IV 26. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 27, Section 481.2251(1)(g), Florida Statutes, states in pertinent part that itis a violation for a licensee to fail to perform any statutory or legal obligation placed upon a registered interior designer. 28. Based upon the foregoing, Respondent has violated Section 481.2251(1)(g), Florida Statutes, by her failure to perform a legal obligation. COUNT V 29. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 30. Section 481.2251(1)(i), Florida Statutes, states in pertinent part that itisa violation for a licensee to make deceptive, untrue, or fraudulent representations in the provision of interior design services. 31, Based upon the foregoing, Respondent has violated Section 481.2251(1)(). Florida Statutes. COUNT VI 32. Petitioner hereby realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 33. Section 48 1.221(7), Florida Statutes, states studies, drawings. specifications, and other related documents prepared by a registered interior designer in providing interior designer services shall be of a sufficiently high standard to clearly and accurately indicate all essential parts of the work to which they refer. 34. Based upon the foregoing, Respondent has violated Section 481.221(7), Florida Statutes by signing and sealing plans that are not sufficiently detailed. 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. eh . Signed this __/é | day of _Decembe- , 2002. a —__ } . FILED BILAL YE p- Department of Business and Professional Regulation DAVID K. MINACCI DEPUTY CLERK Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. , allahas 2308- surat nandnt Nichol Tallahassee, Fl 32308-4893 FI Bar No. 0056774 DATE \2-|7- 2002 (850) 402-1570 ee: Ya-N- ot

Docket for Case No: 03-000493PL