STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: 2004-0:26260 JAMES U. MONCADA and 0 S- pee [ CMJ ARCHITECTURAL DESIGNS & REPROGRAPHICS, INC., Respondents. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design agains)’ JAMES U. MONCADA and CMJ ARCHITECTURAL DESIGNS & REPROGRAPHICS, INC. ("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. Respondents’ last known address is 5650 Park Boulevard #4, Pinellas Park, Florida 33781. EXHIBIT A 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. Respondent James U. Moncada is doing business as CMJ Architectural Designs & Reprographics, Inc. 6. Respondent James U. Moncada is holding himself out as an architectural draftsman on his business card. 7. Respondent’s yellow page advertisement is under the heading “Architects” and offers architectural services for commercial projects. 8. On or about October 3, 2003, Respondent prepared a receipt in the amount of $420.00 for services described as architectural drafting. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. 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.” 11. Based upon the foregoing, the Respondent James U. Moncada 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. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Based upon the foregoing, Respondent, CMJ Architectural Designs & Reprographics, Inc., has violated Section 481.219(2), Florida Statutes, by offering architectural services when it was not the holder of a 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. eh , Signed this 27 dayof_ cbs en , , 2005. i, s Departmen ED QS AL ee t of oe and P censional Reguiation DAVID K. MINACCI TY CLE Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. CLERK srcond Mlk, Tallahassee, FL 32308-4893 FL Bar No. 0056774 DAT - E - 2005 Ph: (850) 402-1570 : 9 - . o|ralos Fax: (850) 402-1508 PCP: \) BUGuins en Lou Uw 2 woul vibes \

Docket for Case No: 05-001251