co STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ; EN, : “ Petitioner, ~ ae a. vs. DBPR Case No.: 2004-04404 2 MICHAEL PHILPOT AND ARCHCADD DESIGN, no NC Respondents. e A] x / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MICHAEL PHILPOT AND ARCHCADD DESIGN ("Respondents"), and says: 1. Petitioner is the state agency charged with regulating the practice of architecture 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 is 930 NW 34™ Way, Fort Lauderdale, Florida 3331}. 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. On or about April 15, 2003, Respondents entered into a contract with Jean Mow yrdie to provide architectural services for property located at 390 NW 125 Street North, Miami, Florida 6. The contract specifically states that Respondents will provide architectural signed and sealed drawings for a building permit. 7. The contract goes to on to of fer architectural drafting. 8. Respondents received $4,012.50 from Mrs. McCurdie pursuant to the contract but has been unable to produce the necessary drawings required to obtain a building permit. COUNT 1 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 Stautes, by practicing architecture when they were not the holder of a valid license by contracting to provide architectural services. COUNT 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Section 481.219(2), Florida Statutes, states a corporation, partnership, or a person practicing under a fictitious name, offering architectural services to the public must obtain a certificate of authorization. 14. Based upon the foregoing, Respondent, ArchCadd Design 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, Ficrida Statutes, and/or the rules promulgated thereunder. Signed this __/ 3 day of AL ee . 2005. cS. 4 2 ne ial — 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 ed UA t \ L ‘3 Di PO gusiness Voie a SS & . an og etlow pena mePUT “A .

Docket for Case No: 05-003292