STATE OF FLORIDA , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 3} <9 Sy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No.: 2005-024173 THOMAS KENSLER AND SDI ARCHITECTURAL DESIGN, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against THOMAS KENSLER AND SDI ARCHITECTURAL DESIGN, ("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. 3. At all times materiai 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 3187 Shoreline Drive, Clearwater, Florida 33760. 5. Respondent Thomas Kensler was previously a licensed architect in the State of Florida, having been issued license number AR 00015041. 6. As of February 28, 2003, Respondent Thomas Kensler’s license was placed in a null and void status for failing to renew. 7. On or about April 19, 2005, Respondent Thomas Kensler signed and sealed architectural drawings for a commercial project known as Sushi Spot and Noodle World. 8. Respondent Thomas Kensler submitted the architectural drawings to the Pinellas County Building Department in order to obtain a building permit. 9. The plans were rejected by the Pinellas County Building Department because Respondent Thomas Kensler was not licensed to practice architecture in the State of Florida. 10, Further, the plans signed and sealed by the Respondent Thomas Kensler contain the business name of SDI Architectural Design in the title black. 11, Respondent SDI Architectural Design does not have a certificate of authorization to offer or provide architectural services in the State of Florida. COUNT I 12. Petitioner realleges and incorporates paragraphs | through 11 as though fully stated in this Count I. 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, the Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license. i) COUNT H 15. Petitioner realleges and incorporates paragraphs | through 11 as though fully stated in this Count II. 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, Respondent Thomas Kensler 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 III 18. Petitioner realleges and incorporates paragraphs | through 11 as though fully stated in this Count III. 19, Section 481.223(1)(f), Florida Statutes, prohibits a person from using or attempting to use an architect license that has been suspended, revoked, or placed on inactive or delinquent status. 20. Based upon the foregoing, the Respondent Thomas Kensler has violated Section 48 1.223(1)(f), Florida Statutes, by attempting to use his architectural license while it was in a null and void status. COUNT IV 21 Petitioner realleges and incorporates paragraphs | through 11 as though fully stated in this Count IV. 22. — 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. 23. Based upon the foregoing, Respondent SDI Architectural 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, Florida Statutes, and/or the rules promulgated thereunder. #4 Signed this 77 dayof_ Seofembe-” , 2005. “ 2D 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 PCP: ieeles FI LF 4 an +p Department of Busin D iG oo DEPUTY ras Regulation Se iutibs CLERK WN. Michel,

Docket for Case No: 05-004457