4a} Ney fy oO STATE OF FLORIDA By Sig, op DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA’ Nea 4 Why ie DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case Nos.: 2004-045539 DANA MICALLEF AND DANA MICALLEF DESIGN DEVELOPMENT, OS- YD. 15K” Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DANA MICALLEF AND DANA MICALLEF DESIGN DEVELOPMENT, ("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 pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes, f i i KO Spy, Vo, aS FY a 493 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’ Jast known address is 27 Hibiscus Drive, Ormond Beach, Florida 32176. 5. On or about June 9, 2003, Respondents entered into a contract with Peter Roehr to provide architectural services for a project known as the European Village in Palm Coast, Florida. 6. The project consisted of a 95 unit condominium complex including 35 retail units, along with a courtyard and fountain area. 7. Throughout the contract, Respondents hold themselves out as the ‘‘Architect”. 8, Respondents entered into a contract with Robert McCrory to provide architectural services for a project known as the La Vista Del Sol Condominiums on Atlantic Avenue in Daytona Beach Shores, Florida. 9, In a letter dated May 26, 2004, the Respondent describes the services he provided under the contract as “architectural design services” and demands payment in the amount of $29,120.00. COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 1]. Section 48 1.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” ww 12. 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 and accepting payment for architectural services involving commercial property for the European Village project in Palm Coast, Florida. COUNT I 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14, 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.” 15. 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 contracting to provide architectural services and accepting payment for architectural services involving commercial property for the project known as the La Vista Del Sol Condominiums on Atlantic Avenue in Daytona Beach Shores, Florida. COUNT II 16. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 17. 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.” 18. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT IV 19. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 20. 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. 21. Based upon the foregoing, Respondent, Dana Micallef Design Development 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. . N~ — Signed this 29° dayof_“cb-vw = , 2005, "Pane Business fl l E D Depura een CLE Rye Reputation Q2N 24%. CLERK Peptnttray, DAVID K. MINACCI DATE Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. 222s Tallahassee, Fl 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508

Docket for Case No: 05-004275