( STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . Od ~4 val F : DBPR Case Nos.: — 2003-072183-47., 2003-072187 ‘ we VS. ERNEST HEDRIC CLAY, E. HEDRIC CLAY & ASSOCIATES, Respondents. / , . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ERNEST HEDRIC CLAY, E. HEDRIC CLAY & ASSOCIATES a aise ; ROM 5 ay eae hss eitiaxt' cdg Maas gecstiecon> ("Respondents’ i and says: ae ewassenpitesl tae ieee REE 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. At all times material her-to, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. a ae Respondents last known address is P.O. Box 278, Bradenton Beach, FL 34217. 5. In a letter dated August 29, 2002, to the Bradenton Beach Planning & Zoning “Board, Respondent states he is a “Registered and Licensed Practicing Architect”. 6. E. Hedric Clay & Associates does not have a certificate of authorization to perform architectural services, 7. Respondents’ business Stationary offers architectural services and contains a Florida address. 8. Rule 61GI-11.013(3)(a)(13), Florida Administrative Code, defines business Stationary as an advertising medium. COUNT I vey 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 481.223(1)ia), Florida Statutes, states that a person may not knowingly “practice architecture unless the Person is an architect or a registered architect.” Mey en a to"provide such: Services in his business Stationary. _ \ ~ COUNT II 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13, Section 48] .223(1)(c), Florida Statutes, states that a person ma’ y 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. Ernest Hedric Caly has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect” in his business Stationary, when he was not the holder of a valid license. COUNT Ili - 15. Petitioner hereby teallsges 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, E. Hedric Clay & Associates 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 i investigation and pemusueoasprosecution, i impose. any,or; -allypenaltiesdelineated. within Section 455: 227(2) sFloridasStatutes, ila Seah ia 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 pot day of Septembe- »2e03 , SI Kn DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. ” 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP:

Docket for Case No: 03-003677