STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION aN DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No.: 2005-002422 BRIAN P. FREDLEY, AND BPF DESIGN INCORPORATED, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against BRIAN P. FREDLEY AND BPF DESIGN INCORPORATED, ("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. 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 207 Fairview Avenue, Daytona Beach, Florida 32114. 5. On or about June 23, 2003, Respondents entered into a contract with Patrick Sullivan to provide architectural services for a project known as the Sullivan Office Building located at 1900 West Granada Boulevard, Ormond Beach, Florida in the amount of $11 950.00. 6. On or about June 10, 2002, Respondents entered into a contract with Jay Allen to provide architectural services for a project known as the Broken Spoke Saloon Restaurant located at 1151 North U.S. 1, Ormond Beach, Florida in the amount of $1,500.00. 7. On or about August 23, 2003, Respondents entered into a contract with Hal J. Burroughs to provide architectural services for a project known as the Tomoka Commerce Center located at LPGA Boulevard, Daytona Beach, Florida in the amount of $13,750.00. 8. Section 481.203(6), Florida Statutes, defines architecture as the rendering or offering to render such services. Therefore, Petitioner does not need to establish that the Respondent actually rendered such services, only that he offered to render such services. COUNTI 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. 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.” 11. Based upon the foregoing, Respondents, have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering to provide architectural services on a project known as the Sullivan Office Building. i) COUNT IT 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) 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, Respondents, have violated Section 481.223( 1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering to provide architectural services on a project known as the Broken Spoke Saloon Restaurant. COUNT HI 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 16. 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.” 17. Based upon the foregoing, Respondents, have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering to provide architectural services on a project known as the Tomoka Commerce Center. COUNT IV 18. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 19. Section 481.219(2), Florida Statutes, requires a Certificate of Authorization to practice architecture services through a corporation, partnership, or under a fictitious name. 20. Based upon the foregoing, Respondents have violated Section 481.219(2), Florida Statutes, by practicing architecture through BPF Design Incorporated., without a 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 rm (slo Loduny* Fy Sores cue dayof__ Ov ne . 2005. uA SSI KA 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 FILED Department of Business and Professional Regulation DEPUTY CLERK

Docket for Case No: 05-002331