STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL AION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ys. DBPR Case No.: 2004-038848 ENVIROSCAPES, INC. AND, MARK MARTIN, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ENVIROSCAPES, INC. and MARK MARTIN, ("Respondents"), and says: 1. 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 and interior design pursuant to Section 455.228(1}, and Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address P.O. Box 160703, Miami, Florida 33116. 4. At all times material hereto, Respondents were not duly regisiered or certified to engage in the practice of interior design pursuant to Chapter 481, Florida Statutes. 5. As of July 27, 2004, the Respondents’ website offered to provide interior design services. COUNT I 6. Petitioner hereby realleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein. 7. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use the name or title interior designer or registered interior designer, or worcls to that effect, when the person is not then the holder of a valid license.” 8. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title interior designer, when it was not the holder of a valid license. COUNT IH 9. Petitioner hereby realleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein. 10. Section 481.219(3), Florida Statutes, states a corporation, partnership, or a person practicing under a fictitious name, offering architectural services or interior design to the public must obtain a certificate of authorization. ll. Based upon the foregoing, Respondent, Enviroscapes, Inc., has violated Section 481.219(3), Florida Statutes, by offering interior design services when it was not the holder of a valid certificate of authorization. WHEREFORE, Petitioner respectfully requesis 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__/ 7" day of Taaecy (ews SST Department of ay D DAVID K. MINACCI : siness and ‘ : DEPuTy cunion Reguiation Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Lr Becervty SW 72: Tallahassee, FL 32308-4893 7 Lichely FL Bar No. 0056774 DATE _§ = = Ph: — (850) 402-1570 Fax: (850) 402-1508

Docket for Case No: 05-001142