STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No.: 2003-092472 ANDY BESELICA AND, OS [oe AB & ASSOCIATES, / 2D Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ANDY BESELICA AND AB & ASSOCIATES, (“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 24403 Harbeck Lane, Sorrento, FL 32776. EXHIBIT A >. In February, 2003, Respondent entered into an agreement tilled ‘Abbreviated Standard Form of Agreement Between Owner and Architect” with Luis Parora to provide architectural services. 6. Throughout the entire agreement the Respondents represents himself as an “architect”. 7. On or about February 3, 2003, Respondent entered into an agreement titled “Comments to Abbreviated Standard Form of Agreement Between Owner and Architect” with Luis Panora to provide architectural services for a commercial project known as Gargi’s Italian Restaurant in the amount of $13,000.00. 8. Exhibit “A” to the above agreement refers to the Respondent providing architectural floors plans, electrical plans, plumbing plans, HVAC plans, and on-site construction inspection, 9. On or about March 20, 2003, Respondent entered into another agreement with Luis Panora to provide architectural services on the same commercial project and once again references the services to provided to include those plans listed in Exhibit “A” above. 10. In the March 20, 2003, agreement Respondent includes within his letterhead license number AAFO00102. 1. License number AAFO00102 belongs to Gordon & Associates, Architects, a licensed architectural firm in the State of Florida, and the firm never gave Respondent permission to use its number. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13, Section 48 1.223(1)(a), Florida Statutes, states that a person may rot knowingly “practice architecture unless the person is an architect or a registered architect.” 14, 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 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 16. 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.” 17. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when he was not the holder of a valid license. COUNT IN 18, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 19. Section 481.223(1)(d), Florida Statutes, states that a person may not knowingly “present as his or her own the license of another.” 20. Based upon the foregoing, the Respondent has violated Section 481.223(1)(d), Florida Statutes, by using the license number of a licensed architectural firm which he was not authorized to use. 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. bat . Signed this 7 , day of Oefobe — , 2004. Ss) 6 ot DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, F] 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: 3 Qadivunye aay WO \ t Dd quiation “ Ge ia) peratent NES UTY CLERK . LO H\OA 7 Dichat

Docket for Case No: 05-001233