i ™ 4% 04 NOy Fuge STATE OF FLORIDA “9 Ay, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ofl! Vis. 0: yg Mis ye DEPARTMENT OF BUSINESS AND HE y hare [tee PROFESSIONAL REGULATION, &s Petitioner, ys. Case No.: 2003-086795 JACK REESE, and x, N,N ABSOLUTE DESIGN, INC. C C -L OGO Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JACK REESE and ABSOLUTE DESIGN, INC., ("Respondents"), and says: l. 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 528 111 Avenue North, Naples, Florida 34108. 5. On or about March 20, 2003, Respondents were served with a Notice and Order to Cease and Desist from holding themselves out as architects and interior designers. 6. On or about April 7, 2003, Respondents executed an affidavit stating that they would refrain from referring to themselves as architects or words to that effect and would refrain from offering architectural services through a business entity unless it became properly licensed. 7. On or about June 22, 2003, Respondents placed an advertisement on the Internet which described itself as a “National Architectural Design firm”. 8. In a letter dated January 25, 2004, Respondents offer to provide visionary design for interior and exteriors, remodeling design, space planning, and consultation design. 9, In a letter dated June 4, 2004, Respondents described themselves as “Architectural Illustrators/Artists”’. 10. On or about June 15, 2003, Respondents prepared a quote to provide conceptual illustrations/design for a commercial project known as Bernwood Business Park. Ll. On or about July 7, 2003, Respondents prepared a quote to provide conceptual design/illustration and two presentation renderings for a commercial project known as Uptown Center out parcel. COUNT I 12, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13. 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.” 14. Based upon the foregoing, Respondent, has violated Section 481.223(1)(a) by practicing architecture when he was not the holder of a valid license by offering to provide architectural services for a commercial project known as Bernwood Business Park. COUNT IE 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 16. Section 48 1.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” 17. Based upon the foregoing, Respondent, has violated Section 481.223(1)(a) by practicing architecture when he was not the holder of a valid license by offering to provide architectural services for a commercial project known as Uptown Center out parcel. COUNT Hl 18. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 19, 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.” 20. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect” or words to that effect, when he was not the holder of a valid license. 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 gesyant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. An Signed this 7 day of 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: Pheloy | Aj : ) . ea) Wo) pe Department of Fie and Professional Regulation rey C DEPUTY CLERK

Docket for Case No: 04-004060