oo Sy RD en ae me I STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ; DY -2078 Petitioner, vs. Case No.: 2003-084621 SUSAN BURGESS AND, THE HEARTLAND GROUP, LLP, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against SUSAN BURGESS AND THE HEARTLAND GROUP ("Respondents"), and says: I. Petitioner is the state agency charged with regulating the practice of architecture and interior design 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 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 in the State of Florida pursuant to Chapter 481, Florida Statutes. 4. Respondents’ last known address is 13950 Canal Drive, Pensacola, Florida 32507. 5. Respondents contracted with Bob Robertson, to provide architectural services for a three story commercial condominium building known as “River Colony Condominiums” at Perdido Key, Florida. 6. As of September 17, 2003, Respondents placed a sign at the construction site which claimed to have provided architectural design. 7. Respondents then entered into a contract with Wayne M. Allen, a licensed Florida architect, to sign and seal the drawings. COUNT I 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. 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.” 10. Based upon the foregoing, Respondent, has violated Section 481.223(1)(a) by practicing architecture when she was not the holder of a valid license by contracting to provide architectural services and accepting payment for architectural services involving commercial property. COUNT H il. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) 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.” {3. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when she was not the holder of a valid license. 14. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 15. Section 481.219(2), Florida Statutes, states a corporation, partnership, or a person practicing under a fictitious name, offering architectural services to the public must obtain a certificate of authorization. 16. Based upon the foregoing, Respondent, The Heartland Group, LLP has violated Section 481.219(2), Florida Statutes, by offering architectural services when it was not the holder ofa valid 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. \ Signed this 27° day of Aci l a Ae FILED riment of Business and Professional Regulation . ne DEPUTY CLERK Es sD pin m) . DAVID K. MINACCI ae \ Ar . Abichele Smith, Thompson, Shaw & Manausa, P.A. KEP ANDEICY ce 1 and —* 2075 Centre Pointe Blvd. Redinigors ‘5-6-2004 Tallahassee, Fl 32308-4893 ate FL Bar No. 0056774 Ly GX Ph: (850) 402-1570 ma Fax: (850) 402-1508 ioe)

Docket for Case No: 04-002078