OF PCF STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, DBPR Case No: 2003-04719" 95 BD VS. ie 2003-064019 ~ OSCAR S. BENITEZ, O. BENITEZ & ASSOCIATES, INC. Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against OSCAR S. BENITEZ, O. BENITEZ & ASSOCIATES, INC. ("Respondents"), and says: 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(L), and Section 48 1.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 9400 W. Flagler Street, Unit 405, Miami, FL 33174. 4. Respondent. Oscar S. Benitez, previously held license number AR ODOATS, however the license went delinquent on March 1, 1995, and null and void on March [. 1997 8. Respondent, Oscar S. Benitez, has reapplied for licensure and on January 6, 2003, received license number AR 91512. 6. Respondent, Oscar S. Benitez, received his license even though he is not a graduate of a school or college of architecture accredited by the National Architectural Accreditation Board. 7. Respondent, O. Benitez & Associates, Inc., never had a certificate of authorization to perform architectural services. 8. Prior to becoming licensed on January 6, 2003, Respondent distributed a business card which held out Respondent, O. Benitez & Associates, Inc, as providing architectural services. 9. The business card also stated Respondent, Oscar S. Benitez, was the president of O. Benitez & Associates, Inc. 10. After Respondent, Oscar S. Benitez, became licensed, he signed and sealed architectural drawings that contained O. Benitez & Associates, Inc., in the title block. COUNT I Ll. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. 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.” 13. Based upon the foregoing, the Respondent. Oscar S. Benitez has violated Section 481 .223C1 )(c), Florida Statutes, by using the name or lille “architect” in his business card. when he was not the holder of a valid license. COUNT II 14. Petitioner hereby realleges and incorporates paragraphs one (1} through ten (10) as if fully set forth herein {S. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious nme offering architectural services. 16. Based upon the foregoing, the Respondent, O. Benitez & Associates, Inc., has violated Section 481.219(2}, Florida Statutes, by offering architectural services without a certificate of authorization. COUNT INI 17. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 18. Section 455.227(1)(h), Florida Statutes, provides that disciplinary action may be taken when a license is obtained through an error of the department or the board. , 19, Section 481.209(1)(b), Florida Statutes, states that applicant must be a graduate of a school or college of architecture accrevited by the National Architectural Accreditation Board. 20. Based upon the foregoing, Respondent, Oscar S. Benitez has violated Section 455.227(1)(h) by obtaining his license through an error of the department or the board. 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 Jelineated within Section 455.227(2), Florida Statutes, and/or any other refief that the Board is authorized to impose pursuant to Chapters 481 and 455. Florida Statutes, and/or the rules promulgated thereunder. _ Signed this sat _day of Sep tern L em 2003. DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd Tallahassee, HL 32300-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP:

Docket for Case No: 03-004864