Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CARRIE`S INTERIOR AND CARRIE NEMEC
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Punta Gorda, Florida
Filed: Apr. 06, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 23, 2006.
Latest Update: Jan. 08, 2025
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No.: — 2005-024740
CARRIE’S INTERIOR AND
CARRIE NEMEC, cf
Respondents. © (o . | l
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against CARRIE’S INTERIORS AND CARRIE NEMEC, ("Respondents"), and says:
lL. 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 interior design pursuant to Section 455.228(1), and Section 48 1.223(1)(a),
Florida Statutes.
3. At all times material hereto, Respondents were not duly registered or certified to
engage in the practice of interior design in the State of Florida pursuant to Chapter 481, Florida
Statutes,
4, Respondents’ last known address is 3716 Peace River Drive, Punta Gorda, Florida
5. Respondents are offering interior design services in an advertisement that
appeared in the Charlotte County Sun Newspaper.
6. The advertisement states, “Thank you Charlotte County for Voting Us the #1
Interior Designer of Charlotte County.”
7. The advertisement offers commercial design services which the Respondents are
not licensed to performed.
8. The advertisement also contains “Lic.#101749" which is misleading to the public
given the fact the Respondents are not licensed interior designers.
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, prohibits a person from using the title
interior desi gner or words to that effect unless the person is a registered interior designer.
11. Based upon the foregoing, the Respondents have violated Section 481.223(1)\(c)
by holding themselves out as interior designers when they were not the holder of a valid license.
COUNT II
12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8)
as if fully set forth herein.
13. Section 481.219(3), Florida Statutes, requires a certificate of authorization to
practice interior design services through a corporation, partnership, or under a fictitious name.
tw
14. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida
Statutes, by offering interior design services through Carrie’s Interiors, 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.
wy
Signed this 24° dayof -ib-em cf , 2006.
Depart 2D oo
Ment of Business and . DAVID K. MINACCI
DEPUTy cles Regulation 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
Docket for Case No: 06-001184
Issue Date |
Proceedings |
May 23, 2006 |
Order Closing File. CASE CLOSED.
|
May 22, 2006 |
Motion to Relinquish Jurisdiction filed.
|
May 09, 2006 |
Answers to Interrogatories filed.
|
May 09, 2006 |
Respondent`s Response to Request to Produce filed.
|
May 02, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 8, 2006; 9:30 a.m.; Punta Gorda, FL).
|
Apr. 28, 2006 |
Motion to Continue filed.
|
Apr. 26, 2006 |
Amended Notice of Taking Deposition filed.
|
Apr. 26, 2006 |
Notice of Taking Deposition filed.
|
Apr. 26, 2006 |
Petitioner`s Motion to Reschedule Hearing filed.
|
Apr. 25, 2006 |
Order of Pre-hearing Instructions.
|
Apr. 25, 2006 |
Notice of Hearing (hearing set for May 12, 2006; 9:30 a.m.; Punta Gorda, FL).
|
Apr. 24, 2006 |
Amended Response to Initial Order filed.
|
Apr. 12, 2006 |
Response to Initial Order filed.
|
Apr. 11, 2006 |
Petitioner`s Response to Initial Order filed.
|
Apr. 06, 2006 |
Initial Order.
|
Apr. 06, 2006 |
Notice of Filing Petitioner`s Answers to Respondent`s First Set of Interrogatories and Response to Respondent`s First Request for Production filed.
|
Apr. 06, 2006 |
Election of Rights filed.
|
Apr. 06, 2006 |
Answers to Administrative Complaint filed.
|
Apr. 06, 2006 |
Administrative Complaint filed.
|
Apr. 06, 2006 |
Agency referral filed.
|