STATE OF FLORIDA 02, Sy , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 20 ty, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, “, DBPR Case No.: _2003-077737 2003-07749 YS. DAVID M. ASBELL and ASBELL 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 DAVID M. ASBELL and ASBELL ASSOCIATES, ("Respondents"), and says: t. 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 hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 4. Respondents’ last known address is 2110 Powers Ferry Road, Suite 465, Atlanta, Georgia 30339. 5 Respondents contracted with Emerald Coast Entertainment Company to perform architectural services on commercial property for a project known as Mediterranean Nights Club in Destin, Florida. 6. Respondents received $18,143.76 for the architectural services performed on this \ project. 7. Respondents’ business stationary offers architectural services and Respondent is 4 listed as the architect on the project directory. 8. Rule 61G1-11.013(3)(a)(13), Florida Administrative Code, defines business Stationary as an advertising medium. 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.” 11. Based upon the foregoing, Respondents have violated Section 481.223(1)(a) by \ practicing architecture when they were not the holder of a valid license. 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.” 14. Based upon the foregoing. the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect” in his business stationary and holding themselves out as architects for the project, when they were not the holder of a valid license. COUNT III : 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, Asbell 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 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. . . 6 & Signed this__ 3 day of _Octebe — , Ze. 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: 03-004298