STATE OF FLORIDA

BOARD OF ARCHITECTURE AND INTERIOR DESIGN

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs. DBPR Case No.: 2002-013382

DOAH Case No.: 03-0532

MONROE LEE,

Respondent.

Final Order No. BPR-2004-00309 Date: A

FILED 1• •()11

Department of Business and Professional Regulation

/ AGENCY CLERK

S h W h n, Agency Clerk

FINAL ORDER

By: iff I•

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THIS MATTER was heard by the Board of Architecture and Interior Design pursuant to

Section 120.569 and 120.57(1), Florida Statutes , on October 30, 2003, in Orlando, Florida, for consideration of the Recommended Order entered in this case by the Honorable Barbara J. Starns, Administrative Law Judge, dated August 7, 2003. Respondent neither was present nor represented by counsel. Petitioner was represented by David K. Minacci, Prosecuting Attorney . The Board was represented by Paul Martin, Senior Assistant Attorney General, and Mary Ellen Clark, Assistant Attorney General.

RULING ON EXCEPTIONS

Petitioner filed exceptions to the Recommended Order with regard to the recommended penalty. After reviewing said exceptions, reviewing the complete record accompanying the Recommended Order, hearing argument of Counsel, and being otherwise fully advised in the premises, the Board hereby grants said exceptions as described further below in paragraph 6.

FINDINGS OF FACT

1. The Findings of Fact in the Recommended Order are hereby adopted and incorporated by reference as the Board's Findings of Fact.

   
   

   Filed November 6, 2019 4:06 PM Division of Administrative Hearings

2. There is competent substantial evidence to support the Findings of Fact.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Board has jurisdiction over the parties and the subject matter of this proceeding.

   
   

4. The Conclusions of Law in the Recommended Order are hereby adopted and incorporated by reference as the Board's Conclusions of Law.

5. There is competent substantial evidence to support the conclusions oflaw as modified, above, and the finding that Respondent violated section 481.223(1)(a), Florida Statutes, as recommended by the Administrative Law Judge.

   PENALTY

   
   

6. Upon a complete review of the record in this case, the Board rejects the Recommended Penalty of a $1,000.00 administrative fine and, instead, determines that a fine of

   $5,000.00 and costs of $1,639.00 shall be imposed. As support for the increase in penalty, the Board adopts paragraphs 3 and 4 of Petitioner's Exceptions to Recommended Order.

   WHEREFORE, and for the foregoing reasons, it is hereby ORDERED:

   
   

7. Respondent shall pay an administrative fine of $5,000.00 and costs of$1,639.00, by money order, cashier's or certified check payable to the Board of Architecture and Interior Design, 1940 N. Monroe Street, Tallahassee, FL 32399, within 30 days of the effective date of this Order.

This Order takes effect upon filing with the Clerk of the Department of Business and Professional Regulation. The Parties are notified, pursuant to Section 120.68, Florida Statutes, that they may appeal this Final Order by filing, within thirty days of the filing date of this Order, a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation and a copy of said Notice of Appeal accompanied by filing fees prescribed by law with the

District Court of Appeal.

DONE AND ORDERED this 2,3 day of Florida Board of Architecture and Interior Design.

, 2oojby the

BOARD OF ARCHITECTURE AND INTERIOR DESIGN

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Monroe Lee, 3328 SE 69th Street, Lot 40, Madison, Florida 32340; David K. Minacci, Esquire, Smith, Thompson, Shaw & Manausa, P.A., 2075 Centre Pointe Blvd., Tallahassee, FL 32308-4893; and to Mary Ellen Clark, Assistant A+hmey General, PL-01,

The Capitol, Tallahassee, Florida 32399-1050, by 5:00 p.m., this day of

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Docket for Case No: 03-000532

Orders for Case No: 03-000532